NASHVILLE, Tenn. (WTVF) — A Nashville security company has been ordered to pay $64,000 in fines for allegations that some of its guards posed as law enforcement officers, but the company will keep its license to operate.
Solaren Risk Management and its owner, Jack Byrd III, received the financial penalty Tuesday from Administrative Judge Claudia Padfield, who assessed 32 civil penalties worth $2,000 each.
The Tennessee Department of Commerce and Insurance had sought to revoke or suspend Solaren's contract security company license, along with imposing civil penalties on 62 counts. However, Padfield denied the request to revoke or suspend the license, stating that Solaren "has taken measures to address the issues raised."
According to the order, Padfield noted that Solaren contacted the Tennessee Peace Officer Standards & Training Commission (POST) and changed their patches "in an effort to create a design that complied with the Act, implemented a written procedure for the use of its vehicles, implemented a bi-annual verification procedure to check employees' credentials, and hired a compliance officer."
Padfield continues by saying, "The policy reasons for this initial order imposing sanctions against (Solaren) are to protect the citizens of the State of Tennessee, as well as to ensure individuals and companies adhere to the laws regarding the State's licensing and operating requirements for private protective services."
The order mentions allegations against specific guards, but also refers to a case where Solaren listed 13 employees from the Davidson County Sheriff's office. While Solaren insisted that all of these employees were DCSO employees, therefore they should be allowed to wear law enforcement patches while working private security, an investigation later found that some of these guards were no longer with DCSO.
The sheriff's office would go on to suspend four deputies for "abusing their position."
The report found that several DCSO employees admitted to, or were observed, wearing patches or vests that identified them as "police," or "police off-duty." Some of these deputies told investigators they didn't feel comfortable wearing the patch, but Byrd had them convinced it was OK.
Byrd testified in March that he was certain Solaren had not broken any rules based on their interpretation of who qualified to identify themselves as law enforcement.
Several former Solaren security guards expressed regret for wearing law enforcement patches while working security jobs, knowing they had no affiliation with any local law enforcement agency.
Some had never completed training to serve as law enforcement, but said they were pressured into wearing certain patches because it gave the company more credibility when seeking new clients.
During proceedings, former Millersville Police Chief and contract trainer for Solaren Melvin Brown was handed a stack of training certificates to verify. Brown acknowledged that his signature appeared at the bottom, but things changed when he realized the form was from 2024 and dated 2022.
"I certainly wouldn't have filled out 2024 forms in 2022 or 2023, so for me, beyond any doubt, I didn't fill these forms out," Brown said.
State Attorney Jesse Gentry argued that if these records are in question, then perhaps the credentials Solaren has used to justify armed guards wearing law enforcement patches are also in doubt.
Officials with the POST Commission have said the law is clear: only full-time POST-certified law enforcement can identify themselves as law enforcement outside their jurisdiction.
They said deviating from the law or ignoring it completely presents a risk to the general public, who may turn to someone in an emergency, only to find they cannot help.
Byrd used much of his testimony to explain what he has done to be more transparent, including hiring compliance officers and creating different versions of his police patch so that more guards feel comfortable wearing what best describes who they are.
Byrd sat down for an interview back in 2023 and told NewsChannel 5 Investigates that he wore “police” patches in Downtown Nashville because, at the time, he was a Millersville Police reserve officer.
He wasn’t a full-time certified cop, but he claimed that the credentials he had were enough for an exemption. Byrd applied similar exemptions for his guards.
Officials with the Department of Commerce and Insurance declined to comment.
Byrd sent the following statement to NewsChannel 5 Investigates:
"We're very grateful of Judge Padfield's time and deliberation in this matter. While prevailing on 30 [sic] of 62 allegations is a start, we've only just begun to dispute these allegations. This will give us the opportunity to double down and focus entirely on what's left. We're very comfortable and confident with the current ruling, coupled with new evidence, only recently available to prevail entirely on all 62 counts. We haven't fought this hard to come up short, this only gets us halfway there. We will appeal first to Judge Padfield for reconsideration and if necessary appeal to the Chancery Court of Davidson County."
Byrd has 30 days to pay the issued fine.
This is a developing story.
