June 26, 2006
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June 26, 2006
Dear Mayor:
You have the following question related to the race for the sessions court judgeship in which the
city attorney is a candidate: Can the fire chief take the city's fire engine to a political rally for the city
attorney?
The answer is clearly no. Of course, municipal equipment can be used by the fire chief where he has
a legitimate reason to use it, and when that reason is consistent with the ordinances, and other rules
and regulations for the use of the city"s fire equipment. It may be that in some instances the use of a
fire engine in a gathering of people may be justified, but generally the use of such equipment for the
purpose of a political campaign, particularly in local elections, is both unnecessary and transparent.
Section 4-206(19) of the Municipal Code itself prohibits the use of the city's fire truck for political
purposes. It provides that:
Employees have the same rights as other citizens to be a candidate for state or local political office
(except for membership on the city's governing body) and to participate in political activities by
supporting or opposing political parties, political candidates, and petitions to governmental entities.
No employee may campaign on municipal time in municipal uniform nor use municipal equipment or
supplies in any campaign or election . (Tennessee Code Annotated, ' 6-54-901) [Emphasis is mine.]
It is similarly provided in ' 4207(2) of the Municipal Code that:
No employee may use or authorize the use of municipal time, facilities, equipment or supplies for
private gain or advantage to oneself or any other person, group or organization other than the
municipality . Decisions about aid to charitable, civic or other organizations will be made exclusively
by the governing body.
There is little doubt that the phrase "or other organizations"in the last sentence does not include aid
to political organizations or campaigns.
The violation of either or both of the above ordinances by the fire chief, if proven, are certainly
grounds for his termination or other discipline.
June 26, 2006
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In addition, Tennessee Code Annotated, ' 39-16-102 also makes official misconduct on the part of
public officials a Class E Felony. That statute appears broad enough to include the use by a public
official of city equipment in a political campaign in violation of a municipal ordinance prohibiting
such use of city equipment.
Sincerely,
Sidney D. Hemsley
Senior Law Consultant
SDH/