Tennessee § 38-8-106 - Qualifications of police officers.

§ 38-8-106. Qualifications of police officers.

Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall: Be at least eighteen (18) years of age; Be a citizen of the United States, or a permanent legal resident of the United States who is an honorably discharged veteran of the United States armed forces pursuant to § 38-8-105(d); Be a high school graduate or possess its equivalent, which shall include a general educational development (GED(R)) certificate; Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues; Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States; Have the person's fingerprints on file with the Tennessee bureau of investigation; Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant; Have a good moral character as determined by a thorough investigation conducted by the employing agency; and Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation. Acts 1981, ch. 455, § 6; T.C.A., § 38-11-106 ; Acts 1983, ch. 270, § 6; 1988, ch. 968, § 2; 1990, ch. 1094, § 2; 1993, ch. 374, § 2; 2001, ch. 42, § 1; 2009, ch. 264, § 1; 2012, ch. 848, § 12; 2013, ch. 137, § 4; 2015, ch. 498, § 2. Code Commission Notes. The provisions in subdivision (3), which formerly permitted a high school equivalency degree from a correspondence school to be sufficient proof of a high school education to qualify such person to be a police officer, ceased to be effective April 4, 2002. At such time, a high school degree or general educational development (GED(R)) certificate is required to satisfy § 38-8-106(3) . However, the repeal of the amendment to subdivision (3) by Acts 2001, ch. 42, § 2 shall not disqualify any person who, by virtue of such repealed provision, has become employed as a police officer or has received a certificate of compliance from the peace officers standards and training commission certifying that the person meets the qualifications required by § 38-8-106 , from remaining a police officer or certified as qualified to be a police officer. Amendments. The 2015 amendment rewrote (2), which read, “Be a citizen of the United States;”. Effective Dates. Acts 2015, ch. 498, § 3. May 20, 2015. Attorney General Opinions. Peace officers standards and training (POST) pre-employment requirements, OAG 00-026 (2/15/00). Finding of criminal contempt not conviction under T.C.A. § 38-8-106(4) , OAG 03-071 (5/27/03). Person who has been convicted of or pleaded guilty or entered a plea of nolo contendere to a charge or violation as set forth at T.C.A. § 38-8-106(4) is not eligible for employment as a police officer, even though the conviction or plea was entered in another state and was subsequently set aside under a law of that state, OAG 03-095 (7/28/03). Agency can prohibit off-duty carrying of firearms by part-time or reserve police officers, OAG 05-029 (3/21/05). Certification requirements for police officers, OAG 05-131 (8/24/05). Restoration of citizenship rights will not make a person eligible for employment as a police officer or for election or appointment as a sheriff, OAG 06-045 (3/10/06). Where a candidate for chief of police pled guilty to the misdemeanor offense of “attempt to commit a felony,” the Peace Officer Standards and Training Commission could properly grant a waiver of preemployment requirements to allow the candidate to serve, OAG 06-173 (12/4/06).