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Security company vows to make changes following allegations of hiring unlicensed guards

Posted at 3:03 PM, May 26, 2023
and last updated 2023-05-26 19:17:01-04

NASHVILLE, Tenn. (WTVF) — Security company CEO Jack Byrd III tells NewsChannel5 Investigates he's considering big changes after being accused of hiring unlicensed security guards in Downtown Nashville.

You’ve seen them sitting outside bars and even patrolling Downtown Nashville, but can you tell which one of them armed with a badge and a gun, is a certified police officer?

Neither can we.

Byrd runs Solaren Risk Management, which is one of the more well-known private security companies in Middle Tennessee.

He's been accused of hiring unlicensed security guards, some of whom have been accused of posing as police officers in Downtown Nashville.

Byrd says he will now require his law enforcement officers to obtain their security guard's license after NewsChannel 5 Investigates questioned exemptions he used to go around Tennessee law.

He followed up however by saying, he's not making any changes at the moment to the policy over who can wear "police" while working security.
Byrd maintains that his officers should still carry the same law enforcement powers in between jurisdictions.

Byrd sat down with NewsChannel 5 Investigates to discuss his concern over several security guards wearing “police,” who may not be law enforcement at all.

“That’s a problem because there’s no accountability. It doesn’t say who you are. It doesn’t say where you’re from. It says nothing,” Byrd said.

Byrd showed us examples of several badges he's seen used on Broadway. He also shared his Solaren badges. One had security written across the top, while the other had police.

He says without making the distinction clear, people are left to wonder whether the person they've turned to for help is even equipped to do the job.

“That is a crime. Criminal impersonation. That is a crime, but here’s the problem we’ve had with it. No one prosecutes it,” Byrd said.

Byrd admits he has worn “police” while working security downtown, but insists that was allowed thanks to an exception in Tennessee's law regulating security guards.

Byrd is not a certified police officer in Tennessee, even though he worked as a reserve officer with the Millersville Police Department in 2022.

Reserve officers can work up to 20 hours a week and must be supervised by a certified officer. Anything beyond 20 hours a week requires an officer to be certified by the state.

Byrd believes he and members of his team were exempt from rules about who can wear something that makes them appear to be police because he was a reserve officer.

“Are you wearing police on your person when you are working Downtown Nashville,” we asked Byrd.

“Absolutely,” Byrd said.

“Can you see how that might be confusing for someone who might think you’re Nashville Police,” we asked.

“Absolutely, I understand the question, but there’s also an attorney general’s opinion that says that you can come from out of your jurisdiction and work in another jurisdiction…and still wear police,” Byrd said.

Byrd handed us multiple attorney general opinions, but even these opinions agree with Tennessee law that, "yes, only full-time, sworn police officers are exempted from obtaining an armed security guard's license."

They also agreed that "the clear intent of the statute is to prohibit private security guards from wearing uniforms or other insignia that may lead the public to believe that they are acting as sworn peace officers of any law enforcement agency."

With an exception provided for full-time sworn police officers.

To be a full-time sworn police officer in Tennessee, you have to be certified, which means you've done all the training and gone through the academy.

Byrd has done neither of those things.

"If you're referencing myself, no I rely solely on an armed guard license at this point. I'm not actively commissioned," Byrd said.

Byrd has since left the Millersville Police Department, so he says he's no longer wearing "police" while working security jobs, but what about everyone else working for him?

Byrd's company signed a deal with the Nashville District Management Corporation, also known as the Downtown Partnership, to provide extra security in Downtown Nashville.

We discovered a photo of Byrd working this initiative alongside Millersville Assistant Police Chief Glenn Alred who also works for Solaren and as NewsChannel5 Investigates discovered in March, is also not a certified police officer.

"Every one of our staff members who are working should have armed or unarmed guard licenses," Byrd said.

"Should have," we asked.

"To the best of my knowledge, they do have. I would be very interested to hear otherwise," Byrd said.

Our research uncovered the name Bethany Catchings who worked security for Byrd outside of a bar on Broadway.

We've since learned that Catchings has never been a licensed security guard in Tennessee.

Solaren was sued by a bar patron over an altercation with Catchings back in 2021. They were also sued over an incident a year earlier when Catchings worked security at a local Whole Foods.

We showed our findings to Rep. Bill Beck of Nashville, which included the photo of Byrd and Alred working security in Nashville while identifying themselves as police officers.

"Very concerning. Very concerning," Beck said.

Beck is very familiar with security guards having sponsored a bill last year that later became Dallas’ Law.

The bill was named after Dallas Barrett who suffocated after being restrained by security at a Downtown bar.

The law now requires security working these bars to be trained in de-escalation, CPR, and first aid, before receiving their security guard license. Full-time sworn police officers are exempt because they likely already have this training, but Beck says it's frustrating to hear anyone ignore the rules to create their own exemptions.

"There needs to be some differential because these people have no responsibility or they may not even have the training to protect me and others as they’re going up and down Broadway,” Beck said.

Byrd maintains that someone who is restricted to working part-time supervised hours in Millersville can travel to Nashville and work countless unsupervised hours. Still, he agrees the laws could be written more clearly.

“They’re carrying a gun that could take a person’s life at any time. We’re relying on them as the general public and as patrons of these establishments to make sure that we are protected,” Beck said.

The Tennessee Department of Commerce and Insurance, those responsible for regulating law enforcement and security guards say they're investigating several complaints related to alleged unlicensed activity. In the meantime, they say they run regular compliance checks.

They sent a statement saying in part, "Our team takes very seriously the role we have in helping ensure public safety across Tennessee. Ensuring that licensed professionals meet all minimum training standards helps provide peace of mind that only the best are serving the best."

Still, none of the guards are required to notify the state that they have an exemption before they work the streets of Nashville.

This means unless one of the state inspectors is there to verify credentials, you might be left wondering if the person you've asked for help is who they say they are.

"There are many of us in the industry that are calling for accountability. That have asked for help. That have asked for guidance and we haven't gotten that," Byrd said.

Beck says he may look at legislation to close the loopholes surrounding security guards in Tennessee.

If you notice someone wearing “police” who you suspect may not be, you can contact Tennessee Private Protective Services and file a complaint with their department.