Tennessee Code Annotated
Tenn. Code Ann. § 38-8-304 (2026)
Officer notified of charges and sanctions - Opportunity to respond - Counsel
✓ current as of May 2026
Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following must be complied with:
- (1) The police officer shall be notified in writing of all charges, the basis for the charges, and the action that may be taken;
- (2) The police officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for in subdivision (1), to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five (5) calendar days unless agreed to by the police officer; and
- (3) In making a response, the police officer may be assisted by counsel at the officer's own expense.
Acts 1989, ch. 398, § 4.
Notes of Decisions
Cited in 3
cases, 2014–2017 · leading case: Carl C. Smith, II v. Anderson Cnty. Sheriff Paul White, 538 S.W.3d 1 (Tenn. Ct. App. 2017).
Carl C. Smith, II v. Anderson Cnty. Sheriff Paul White, 538 S.W.3d 1 (Tenn. Ct. App. 2017). “In finding that the termination letter provided sufficient notice, the trial court stated in its final order in relevant part: This Court finds that the notice of termination was sufficient in that [it] complie[d] with the T.C.A. § 38-8-304 and Section 1303 of the Policies and…”
Terry Freeze v. City of Decherd, Tennessee, 753 F.3d 661 (6th Cir. 2014). “The former could be read to mandate written notification and a chance to respond for a police officer before discipline, see Tenn. Code Ann. § 38-8-304 ; and the latter to mandate a pre-termination hearing, see id.”
Antonio Leneal Simpson v. Bradley Cnty., Tennessee (Tenn. Ct. App. 2017). “The complaint alleges a violation of procedural and substantive due process rights under the Fourteenth Amendment to the United States Constitution, breach of contract, and violation of Tennessee Code Annotated section 38-8-304. The County filed a motion for summary judgment on…”
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