MINUTES OF THE MEETING ARKANSAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES

Transcription

1 MINUTES OF THE MEETING ARKANSAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES A meeting of the Arkansas Board of Private Investigators and Private Security Agencies was held on December 11, 2013, in Room #7W11, Arkansas State Police Headquarters. ATTENDING: Sergeant Michael Moyer, Administrator for the Arkansas Board of Private Investigators and Private Security Agencies, PI & Security Licensing Section, Arkansas State Police. Amy Hancock, Investigator for the Arkansas Board of Private Investigators & Private Security Agencies, PI & Security Licensing Section, Arkansas State Police. Meredith Rebsamen, Attorney, Arkansas Attorney General s Office. Lavita Thompson, Administrative Specialist for the Arkansas Board of Private Investigators & Private Security Agencies, PI & Security Licensing Section, Arkansas State Police. MEMBERS OF THE BOARD PRESENT: Jack Acre Jess Odom Ralph Sims Jason Curtis MEMBERS NOT PRESENT: Ricky Shourd David Orsborn Wallace Hattenhauer GUESTS OF THE MEETING: John Kiesling, Jr. Jordon Brown Vernice Ledbetter Jay Hardy Tamme Smith Misty Ladd Philip Propes Amanda C. Kevin Bell Central Arkansas Bail Bond School ASAA RPI Protection One Whelan Security ProTech Security ProTech Security CALL TO ORDER: Ralph Sims, Chairman of the Board, called the meeting to order at 10:02 a.m.

2 PAGE 2 RECOGNITION OF THE NEWS MEDIA: Notification of the news media in regard to this meeting was confirmed. MINUTES: Jason Curtis asked for a motion to approve the minutes from the last meeting held on October 9, Jack Acre made a motion to approve the minutes. The motion was seconded by Jess Odom and carried unanimously. HEARINGS: ALONDRA PROPES (BG ): Sgt. Moyer testified regarding the qualifications of Ms. Propes Class D license renewal. Ms. Propes testified to her qualifications and admitted to the facts but challenged the Administrator s denial. Philip Propes, Alondra Propes husband testified on her behalf. Attorney Jack Lassiter testified and advised the Board of Act 531, which allows a record to be expunged after successful completion of probation. Jack Acre made a motion to deny the renewal of her Class D license and revoke her Commissioned Security Officer registration. The motion was seconded by Jason Curtis and carried unanimously. The Board voted and found that the testimony supported the Administrator s decision. MICHAEL LOVE, JR. (BG ): Sgt. Moyer testified regarding the qualifications of Mr. Love s application for an Alarm Employee registration. Mr. Love testified to his qualifications and admitted to the facts but challenged the Administrator s decision. Jay Hardy, General Manager for Protection One Alarm Monitoring, Inc. in Memphis, Tennessee testified on behalf of Mr. Love. Jason Curtis made a motion to approve his application. The motion was seconded by Jess Odom and carried unanimously. The Board heard testimony and approved his application. SHONTEL TAYLOR (BG ): Sgt. Moyer testified to the qualifications of Ms. Taylor s Class D Private Investigator License application. Ms. Taylor testified to her qualifications, admitted to the facts and challenged the Administrator s denial. Attorney Luther Sutter testified on behalf of Ms. Taylor. Misty Ladd, Director of the Academy of Professional Education testified on behalf of Ms. Taylor. Jason Curtis made a motion to approve her application. The motion was seconded by Jess Odom and carried unanimously. The Board heard testimony and approved her application.

3 PAGE 3 NEW BUSINESS: CEASE AND DESIST LETTERS: Meredith Rebsamen advised the Board that the Consumer Protection Division of the Arkansas Attorney General s Office has received numerous complaints against a company that is not licensed by the Board. She further advised that the Attorney General intends to sue this company for deceptive trade practices but because they are not licensed no action has been taken. She suggested that a notice be sent to the company. The Attorney General s Office will prosecute the case and is asking for an approval letter from the Board to allow them to proceed. The Board s attorney, KaTina Hodge, asked that the Board take a vote regarding drafting a letter asking for official action. Jason Curtis made a motion to issue a letter supporting prosecution. The motion was seconded by Jack Acre and carried unanimously. NEW BUSINESS: JORDON BROWN ARKANSAS ALARM ASSOCIATION TRAINING MATERIAL: Jordon Brown addressed the Board regarding 2012 legislative changes that resulted in changes to the fire code. He would like to begin teaching the new fire code in his NESA alarm training certification curriculum. In the past they were advised to bring any new additions before the Board for approval to update the curriculum. The new fire code goes into effect on January 1, 2014, and replaces the previous one. He further advised that training will be given to instructors before they begin teaching. Jess Odom made a motion to approve the updates to the NESA alarm training certification curriculum. The motion was seconded by Jack Acre and carried unanimously. JOHN KIESLING REQUEST FOR APPROVAL OF A PRIVATE INVESTIGATION AND SECURITY SERVICE CONTRACTOR SCHOOL: Mr. Kiesling presented a packet to the Board and advised that he has been approved by the Private Career Board. He further advised that his intent is to enhance the Private Investigation industry with his background in the military and as a bail bondsman. Jess Odom expressed his concern with him teaching wire tapping and tape recording with no detail on instruction being included in the presentation. Mr. Kiesling advised that he put only basic information in the packet instead of full instructional information. Jason Curtis asked to see the actual books and packets the students will receive instead of a generalized version of the materials. Mr. Kiesling advised that he is 99% complete with his curriculum and he is asking for the Board s acceptance as a provider for the future because everything is not yet complete. Ralph Sims suggested that he come back after he completes the curriculum. Mr. Kiesling asked for the Board s guidance on what they want included in the final product. The Board advised him that they want a summary of where the information came from and his final course material in his next presentation. Mr. Kiesling advised that he can be finished with the requested additions within days and would provide copies of everything prior to the March 12, 2014, meeting. The Board will review his packet for consideration then.

4 PAGE 4 DUWANE LEDBETTER PARANORMAL INVESTIGATIONS LICENSING REQUEST AND BADGE APPROVAL: Mr. Duwane Ledbetter advised the Board that Paranormal in reality is a cold case and could turn into paranormal activity. He is requesting approval for a badge to show clients and law enforcement that Paranormal Investigations is a professional entity. Jason Curtis advised Mr. Ledbetter that Board Rule 4.14 specifically states that Private Investigators are not allowed to carry a badge. Mr. Ledbetter advised that he will not charge a fee and that he has 3 years supervisory experience as a Military Police Officer and his organization will be a contractor. Jason Curtis further advised Mr. Ledbetter that according to the law s definition of an investigations company a license is required. Mr. Ledbetter countered that he wants a license for the credentials and at this point has not submitted an application. He further advised that he s taking an online course that would award him a doctorate degree. The Board advised Mr. Ledbetter that they cannot allow or approve a badge. Ralph Sims advised Mr. Ledbetter that he must meet the prerequisites and submit an application to be issued a Private Investigations License. Jason Curtis advised him to also review the law and rules to ensure the equipment he plans to use is in compliance with the law. Jess Odom stated that if he meets the criteria to become a licensed Private Investigator and passes the exam he should be issued a license, however if he only is applying for a Paranormal Investigations license it should not be issued. Sgt. Moyer asked if the Board wants him to investigate possible future applicants wanting to be licensed to conduct Paranormal Investigations if they meet the criteria requiring a license. The Board decided to deal with this on a case by case basis. POLYGRAPH AND VOICE STRESS ANALYSIS EXAMINERS INSURANCE VERIFICATION: Sgt. Moyer advised the Board that the law requires a surety bond or insurance policy for Polygraph and Voice Stress Analysis Examiner licenses and previously law enforcement officers with these licenses were not required to provide an actual document. He wanted to know if a letter from the agency stating that employees are covered under the agency s policy would be sufficient. The Board was in agreement with a letter from the agency being sufficient. BACKUP WEAPONS: Sgt. Moyer advised the Board of an individual that asked if they could work with a backup weapon if they qualified with it to be carried in the open. Jack Acre advised that his employees are allowed to carry any weapon they qualify with but not two at a time. Jess Odom stated that he wants officers to be proficient in any firearm they work with. Ralph Sims stated that more research is need before a determination is made. Sgt. Moyer asked if he should advise licensees that there is no rule regarding backup weapons. The Board decided that this is a company policy issue and the company would liable. If the security officers qualify with a backup weapon it s up to the company if they carry it.

5 PAGE 5 BACKGROUND CHECKS LESS THAN 6 MONTHS OLD: Sgt. Moyer asked the Board if they wanted to continue the practice approved by a previous Board in 2006 of not requiring a background check if it s been less than six months since the previous one was conducted on an applicant, the reason being that a lot could happen in 6 months and if a person commits a crime it won t be discovered for 2 years. Jack Acre suggested leaving the policy in place. After some discussion Jack Acre made a motion to run background checks with no exemptions regarding a time frame. The motion was seconded by the Jess Odom and carried unanimously. TRAINERS SIGNATURE ON FIREARMS RECERTFICIATION: Sgt. Moyer advised the Board that there was previous discussion at the October meeting regarding trainer recertification and the Board decided that a trainer could not sign off on themselves that they had passed the firearm qualifications. It was brought to his attention that when trainers are approved to provide training some companies may only have one trainer. Historically training approval letters stated that an individual is approved to provide training for specific companies but not any other security service contractor in Arkansas. The problem with this is if a company only has one trainer per company it would be a trainer from another company signing off on the training. Sgt. Moyer asked how the Board wanted to proceed with this process and if it matters who signs off on the training as long as they are a trainer for a company in the state and would the Board vote to exempt that they cannot conduct training except for firearm training for another instructor. The Board decided that training personnel cannot sign off on their own firearm training, but they can have another trainer sign off on it as long as they are a Board certified trainer. SECURITY ENFORCEMENT SERVICE NAME CHANGE TO MAXIM SECURITY PATCH APPROVAL: The Board reviewed the patch. Jason Curtis made a motion to approve the patch. The motion was seconded by Jess Odom and carried unanimously. CSO LETTER OF OBJECTION: Sgt. Moyer presented a letter of objection from a law enforcement agency to the issuance of a Commissioned Security Officer registration card to Arthur Cain. Jason Curtis made a motion to deny the application based on The motion was seconded by Jess Odom and carried unanimously.

6 PAGE 6 CSO EXAM: Sgt. Moyer advised the Board that the revised Commissioned Security Officer exams were approved by the Board on October 9, Since that time he s been made aware of several concerns regarding them. A few of the concerns were: what exactly the revised exam replaced, whether it replaced all four of the previous exams, and why manager exam questions are on the training exam for security officers. Norm Gresham provided a letter with his concerns regarding the exam which was provided to the Board. Jack Acre advised that Private (Unarmed) Security Officers took three of the previous four part exam and Commissioned (Armed) Security Officers took all four parts. Sgt. Moyer suggested that if the exams are going to be revised the training material needs to be updated to match the exams. Jack Acre reminded the Board that he had created and presented a revised version of the exams that came from the security officer training material and the revised exam that was mailed to licensees was not his version but a version drafted by Lt. Cora Gentry. Ralph Sims suggested reviewing Jack Acre s version of the exam and appointed a subcommittee consisting of himself and Mr. Acre to re-write the Commissioned Security Officer training exam. Sgt. Moyer advised that there was not a specific effective date to implement the exam and he s advised those licensees that have expressed concerns that they could continue to use the old exams until further guidance is received. The Board decided that everything will remain the same for right now but a company could give the old exam for right now if they wish. The subcommittee will review the Commissioned Security Officer exam and report its recommendations to the Board. The Board had no objection to allowing companies to use the previous exams in lieu of the revised one. The subcommittee will also look at revising all four exams. ELECTION OF OFFICERS: Secretary: Jason Curtis made a motion to nominate Jess Odom as Secretary. Jess Odom accepted the nomination. The motion was seconded by Jack Acre and carried unanimously. VICE-CHAIRMAN: Jack Acre made a motion to nominate Jason Curtis as Vice Chairman. Jason Curtis accepted the nomination. The motion was seconded by Jess Odom and carried unanimously.

7 PAGE 7 CHAIRMAN: Jason Curtis made a motion to nominate Jack Acre as Chairman. Jack Acre accepted the nomination. The motion was seconded by Jess Odom and carried unanimously. OLD BUSINESS: Elite CEU Reviewer Comments: The reviewers of the Elite CEU training were asked for feedback on the material they reviewed. Mr. Magnum, one of the reviewers, advised that he would be happy to appear before the Board to answer any questions regarding his comments. The Board requested the feedback at the September 11, 2013, meeting to pass on to Elite CEU. The Board advised that a decision to deny their material was already made and Elite CEU asked what the concerns were regarding the denial therefore the Board requested the feedback. KLEINARD AND BELL LETTER TABLED FROM OCTOBER 9, 2013 MEETING: This matter was tabled until a representative for the alarm industry was appointed to the Board. A new member has been appointed but he was not present for the meeting. Jason Curtis made a motion to table discussion of the letter until the January 8, 2014, meeting. The motion was seconded by Jess Odom and carried unanimously. SECURITY OFFICER TRAINING AT ARKANSAS CHILDREN S HOSPITAL: Meredith Rebsamen asked if a member of the Board would be willing to speak with the hospital regarding training because of their familiarity with training security officers. She advised that she could work out the details if a member was willing because the Attorney General s Office is acting as a bridge by trying to assist them. Jack Acre suggested that representatives from the hospital come before the Board to discuss this further and verify the type of training they would like to implement. Ms. Rebsamen advised the Board that she wanted to make them aware of the hospital s request and will make sure the hospital contacts them. Jason Curtis suggested having the hospital contact Sgt. Moyer. BACKGROUND CHECK ISSUES: Sgt. Moyer asked for direction as to if applications for the following background issues should be denied or approved: 2001 Class A Misdemeanor Conviction: deny 1992/1997 Class A Misdemeanor: deny 2010 New Jersey Misdemeanor with no classification, the charge is Disorderly Person but the charge is equivalent to a misdemeanor. The Board advised that it needs to be determined how an

8 PAGE 8 Arkansas Disorderly Conduct charge is classified. If it s a Class A misdemeanor the registration should be denied, if not it should be issued. 2001/2003 Failure to Appear on Class A Misdemeanor Hot Checks: deny 1998 Class A Misdemeanor: The application was denied and the applicant is asking for additional time to appeal because he was 8 days over 10 days allotted to file an appeal. The request was denied and the applicant must reapply. The Board decided that in the future if an applicant fails to file an appeal within ten days of their receipt of a notice of denial they must reapply Class A Misdemeanor Marijuana charge: deny 2001/2008 Four Counts of Endangering the Welfare of a Minor: deny POLYGRAPH EXAMINER SPONSOR: There was discussion regarding if 200 tests and 2 years experience are required to sponsor an Intern Polygraph Examiner. Jess Odom made a motion to table further discussion until the January 8, 2014, meeting. The motion was seconded by Jack Acre and carried unanimously. DEFINITION OF REGISTERED: Sgt. Moyer asked if the Board considers registered to mean an application has been submitted and an individual can work indefinitely or if they are allowed to continue working until a deniable factor is discovered and further if a person after filing an appeal can work until their appeal date. Some licensees addressed the Board with their concerns. The Board decided that these individuals can work until a deniable factor is discovered and until their appeal date after appealing a denial. ADJOURNMENT: Ralph Sims asked for a motion to adjourn. Jess Odom so moved. The motion was seconded by Jack Acre and carried unanimously. The meeting adjourned at 1:49 p.m. Chairman Ralph Sims