Oregon public safety agency has limited oversight of private security companies
SALEM, Ore. Sept 24 2021 A KATU News investigation found it may be difficult or even impossible for the state’s public safety agency to close private security companies that break the rules.
Oregon’s Department of Public Safety Standards and Training can only fine or punish individual guards and executive managers licensed with the state to run the companies.
A deadly shooting involving an armed security guard at a Lowe’s in Portland prompted KATU News to dig into what authority the state has over private security companies.
DPSST’s private security program manager, Jeff Henderson, spoke to KATU News about the state agency’s role in holding security companies accountable and how recently approved legislation gives them more authority.
“It’s been something that the agency’s been working on, DPSST’s been working on, for a number of years with the private security investigator policy committee and the subcommittee and the board to look at expanding authority for armed security providers,” Henderson said.
The legislature approved House Bill 2527 in the most recent session, though it doesn’t go into effect until January 2024.
Henderson said right now, the state’s public safety agency cannot close a private security company that repeatedly breaks the rules. The recently approved law gives the agency that authority.
“It was looked at as there was a gap. I think there were some high-profile cases that show that there was a gap currently with the entity themselves and that [oversight] was limited to, really limited to the professionals and executive managers. There wasn’t anything that spoke to the entity themselves,” Henderson said.
The legislation was in motion before the deadly shooting at Lowe’s, but the shooting is an example of the kind of incident the state wants to prevent.
Cornerstone Security Guard Logan Gimbel killed Freddy Nelson while patrolling a Lowe’s parking lot in North Portland. However, state records showed Gimbel was not certified to carry a gun.
According to state records KATU Investigates received in an open records request, Gimbel improperly carried a gun from September of 2020 until the day he shot Nelson at the end of May, but he is not the only Cornerstone officer accused of that.
The state accused Jennifer Voight of the same thing from July of 2020 to March of this year.
Now, DPSST plans to fine Gimbel, Voight, and their boss, Jeffrey James a combined $15,000, with the largest portion, $11,000, directed at James.
The fines cover the time Gimbel and Voight carried a gun without certification. The state also moved to revoke Gimbel’s certification, though Gimbel surrendered his license shortly after and claimed his application to be an armed officer got lost in the mail.
A lawyer for Nelson’s family said it’s suing Gimbel, Cornerstone, and the developer the lawyer said hired Cornerstone.
“We do want [Cornerstone Security Group] shut down. I mean this company is a danger to the community, not just this individual, but the company is clearly mismanaged,” the family’s attorney, Tom D’Amore said. “This was just a rogue security company that was hired by TMT that also has some responsibility here.”
D’Amore said TMT Development owns the property where the shooting happened and hired Cornerstone Security Group. KATU News reached out to the developer but has not heard back. An employee who answered the phone at Cornerstone Security Group told KATU News it had “no comment” on the shooting, recent fine notices, or a possible lawsuit from the family of Nelson.
In addition to greater oversight authority, HB 2527 requires that security companies have liability insurance and use of force and citizen’s arrest policies.
Security guards will also be required to do firearm training with the gun they use at work. Perhaps the biggest change is the state’s oversight over the companies themselves.
“It’s a priority of ours. It’s the work that we do to ensure the public safety of this state, to make sure that folks that are out there providing private security services are properly certified, properly trained, and in compliance,” Henderson said.
The agency is also drafting rules for recently passed legislation that limits the outfits security officers wear, how their cars are labeled, and what titles the guards use on their uniforms. DPSST said the rules will force companies to clearly identify as private security in an effort to differentiate the companies from official law enforcement agencies.
KATU