Tennessee POST Commission approves settlement allowing Sheriff Heath Gunter to keep certification under conditions

NASHVILLE — The Tennessee Peace Officer Standards and Training Commission voted to approve a settlement Jan. 16 that would close the Tennessee Department of Commerce and Insurance’s case against Grundy County Sheriff Heath Gunter if he meets a set of conditions, including weekly reporting, training requirements and forfeiture of a salary supplement.

The agreement, described to commissioners by Department counsel and defense counsel during the hearing, resolves allegations that Gunter’s office employed uncertified people in law-enforcement roles and failed to maintain ACADIS records from September 2022 through October 2023. Under the terms presented to the commission, the case would be dismissed if Gunter submits weekly updates to POST investigators for six months, forgoes his salary supplement for two years and completes a POST-approved leadership/organizational course and an ACADIS training within six months.

The commission’s vote followed months of inquiry by POST investigators, who reported multiple visits to Grundy County and recurring documentation deficiencies. Investigator Christian Cantrell told the commission investigators had found uncertified personnel performing law-enforcement tasks at schools and that the POST team had visited the sheriff’s office on at least three occasions to address recurring issues. "We did know that Deputy Dykes was not certified and that he was employed by the sheriff’s office," Cantrell said during questioning.

Department counsel Marybeth Nisley told commissioners the legal division and defense counsel had negotiated the settlement and believed compliance would resolve the outstanding concerns. "To our knowledge, there are no longer any uncertified officers working in an uncertified capacity in Sheriff Gunter's office," Nisley said, and described the proposed terms to the commission.

Defense counsel Gary Humboldt urged commissioners to accept the agreement, saying Gunter has worked to fix the office's problems, has cooperated with investigators and had taken steps to correct ACADIS reporting. "He's been in weekly — his office has been in weekly communication with investigator Cantrell," Humboldt said. He described the changes in staff and training that, in his view, resolved the reporting issues.

Several commissioners voiced reservations about whether the record proved intentional deception, which would support decertification. Commissioner Jonathan Beverly said his primary concern was whether there had been an intent to deceive investigators. "Mistakes are mistakes, but intent has consequences," Beverly said. Other commissioners said they remained troubled by past discrepancies between the sheriff’s statements and investigators’ findings.

A motion to approve the settlement was made and seconded; the commission carried the motion by majority vote. After the vote, Department counsel told the administrative judge the department would voluntarily dismiss the notice of hearing and charges and file the dismissal and agreed order with ACADIS and the Administrative Procedures Division.

The agreement, as presented to commissioners on Jan. 16, also included a statement that a failure to comply with the settlement terms would result in the sheriff not maintaining his POST certification and could prompt a new decertification action by the department. The commission did not reopen the full contested hearing because the commission accepted the proposed settlement.

The Administrative Procedures Division docket number for the case is 12.40-244307A. The commission’s action ends the matter before the commission so long as the sheriff meets the settlement conditions; if the department later determines the sheriff violated the agreed order, the department said it would bring a new case to the commission.

Minutes filed with POST will reflect the commission’s approval and the department’s subsequent voluntary dismissal of the charges.