BOARD OF PRIVATE DETECTIVES AND GUARDS Professional and Vocational Licensing Division Department of Commerce and Consumer Affairs State of Hawaii
MINUTES OF MEETING
Date: Thursday, November 14, 2013
Time: 10:00 a.m.
Place: Queen Liliuokalani Conference Room King Kalakaua Building 335 Merchant Street, 1st Floor Honolulu, HI 96813
Present: Douglas Inouye, Public Member, Chairperson Gary Yabuta, Chief of Police, County of Maui, Vice Chairperson Darryl Perry, Chief of Police, County of Kauai Kenneth Chang, Industry Member Edward Akiona, Industry Member Ray Galas, Public Member Rodney J. Tam, Deputy Attorney General Charlene L.K. Tamanaha, Executive Officer Christine Hironaka, Secretary
Excused: None
Guests: Brian Martyn – Horsemen, Inc. James L. Propotnick – MVM, Inc. Lynette Yi – Universal Protection Services, LP
Agenda: The agenda for this meeting was filed with the Office of the Lieutenant Governor as required by Hawaii Revised Statutes (“HRS”) section 92-7.
Call to Order: There being a quorum present, the meeting was called to order at 11:00 a.m. by Chairperson Inouye.
Chairperson Inouye announced that he was taking the agenda out of order to address applications.
Executive Session: It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to enter into executive session pursuant to HRS sections 92-4 and 92-5, to consider and evaluate personal information relating to the applicant applying for licensure at 11:00 a.m.
EXECUTIVE SESSION
Applications a. Oral Interview for Licensure
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 2
1) Brian Martyn – Private Detective Horsemen, Inc. – PDA-883
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to reconvene to the Board’s regular order of business at 11:05 a.m. for the conclusion of the oral interview with the individual applicant.
It was moved by Mr. Galas, seconded by Chief Perry and unanimously carried to approve the above application subject to meeting all licensing requirements. The Executive Officer informed Mr. Martyn that the licensing branch will send notice of fees for licensure and bond requirements for the licensing phase.
Executive Session: It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to enter into executive session pursuant to HRS sections 92-4 and 92-5, to consider and evaluate personal information relating to the applicant applying for licensure at 11:08 a.m.
EXECUTIVE SESSION
2) James L. Propotnick – GD-1014 MVM Inc. dba MVM International Security
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to reconvene to the Board’s regular order of business at 11:15 a.m. for the conclusion of the oral interview with the individual applicant.
It was moved by Mr. Chang, seconded by Mr. Akiona, and unanimously carried to approve the above application subject to meeting all licensing requirements. The Executive Officer informed Mr. Propotnick that the licensing branch will send notice of fees for licensure and bond requirements for the licensing phase. If he plans to use a badge and uniform he needs to send a set of pictures for the Board and one for each county in which he intends to do business. Mr. Propotnick indicated he will be doing business on Oahu. The Executive Officer indicated that upon receipt the Board will send the pictures to the Honolulu Police Chief for approval.
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 3
3) Anderson Hee – GD-907 R & A Industries, LLC
The Executive Officer advised the Board that Mr. Hee requested that his oral interview be deferred to the January 9, 2014 meeting.
It was moved by Mr. Galas, seconded by Mr. Chang, and unanimously carried to defer the oral interview of Mr. Hee till the January 9, 2014 meeting.
4) Keith J. Leedom – GD-1011 Universal Protection Services, LP
Ms. Lynette Yi, resident manager of Universal Protection Services, LP appeared before the Board representing Mr. Leedom. The Executive Officer informed Ms. Yi that the principal and or a general partner for the agency must appear before the board for an oral interview concerning the agency’s application for a license as required by HAR 16-97-26.
It was moved by Mr. Galas, seconded by Mr. Chang, and unanimously carried to defer the application of Universal Protection Services, LP.
5) John Adams – GD-1008 U. S. Security Associates, Inc.
Mr. Adams was not present.
b. Review for Examination
It was moved by Vice Chairperson Yabuta, seconded by Chief Perry, and unanimously carried to approve/defer the following applications for examination:
1) Guard
i. Larry P. Baird Sole
Approve.
ii. Donald James McNeal HBC Management Services, Inc. (GDA-955)
Approve.
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 4
iii. Keith Puuwaialoha Naone Sole
Approve.
iv. Donald Charles Pilker Inter-Island Security Services, LLC
Approve.
v. Michael Eric Rawlins HBC Management Services, Inc. (GDA-955)
Defer, pending more information.
vi. Gerald Scott HBC Management Services, Inc. (GDA-955)
Approve.
vii. Thomas Ryan Szymanski American Guard Services, Inc. (GDA-869)
Approve.
2) Private Detective
None.
b. Reactivation
It was moved by Mr. Akiona, seconded by Mr. Chang, and unanimously carried to approve the following application for reactivation:
1) Guard
i. Anthony M. Granito (GD-964) Southwest Investigations, LLC (GDA-963)
c. Guard Instructor
It was moved by Mr. Galas, seconded by Mr. Akiona, and unanimously carried to approve the following Guard Instructors:
NAONE, Keith PILKER, Donald C.
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 5
d. Guard Instructor Ratification
It was moved by Vice Chairperson Yabuta, seconded by Chief Perry, and unanimously carried to ratify the approval of the following Guard Instructor and date of approval:
TAMASAKA, Scott – 6/5/13
e. Guard Employee
It was moved by Vice Chairperson Yabuta, seconded by Mr. Akiona, and unanimously carried to approve the following Guard Employee registration applications:
LEWIS. Andrew S. STONE, Michael K. WILKINSON, Jake M.
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to approve the following Guard Employee registrations subject to the following conditions:
LEALAO, Joseph MILLAN, Yvette SEUVAAI, Luavalu
1. The applicants shall comply with all of the terms and conditions of his/her probation/parole. If his/her probation/parole is amended in any way or is revoked:
a. Applicants shall report any such amendment or revocation to the Board within thirty (30) calendar days of the amendment or revocation; and
b. If the applicants fail to timely notify the Board of such amendment or revocation, this conditional registration shall be automatically revoked without a hearing on the 30th day after the date of the amendment or the date your probation/parole was revoked, as applicable;
2. The applicants shall submit an annual FBI national criminal history record check and State of Hawaii criminal history record check from the Hawaii Criminal Justice Data Center (“criminal abstracts”) to the Board. Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 6
a. These criminal abstracts shall be due on January 31 of each year and shall cover the periods of January to December.
b. In order to obtain these criminal abstracts, the applicants shall be fingerprinted electronically at Fieldprint, Inc. at your own cost and expense; and
3. The applicants shall refrain from any actions that may result in your arrest or conviction for any crimes against persons or property (including but not limited to theft, burglary, assault, etc.) or any other act that is directly related to the guard profession.
a. The applicants shall report any such arrests or convictions to the Board within thirty (30) calendar days of the arrests or convictions; and
b. If the applicants fail to timely notify the Board of such arrests or convictions, this conditional registration shall be automatically revoked without a hearing on the 30th day after the date of the arrests or convictions.
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas with a vote of 5 for with Mr. Akiona’s recusing himself to defer the following Guard Employee registration application pending receipt of more information:
FALEAFAGA, Mulinuu
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas and unanimously carried to defer the following Guard Employee registration applications pending receipt of more information:
RENAUD, Daniel K.
It was moved by Vice Chairperson Yabuta, seconded by Mr. Galas, and unanimously carried to deny the following Guard Employee registration application for failure to meet the registration requirements of HRS section 463-10.5.
CISNEROS, Raymond C.
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 7
e. Guard Employee Ratification
It was moved by Mr. Galas, seconded by Vice Chairperson Yabuta and unanimously carried to ratify the approval of the Guard Employees assigned registration numbers GDE-6261 – GDE-8155 (see the attached list).
Chairperson Inouye announced that he was returning to the order of the agenda.
Additions to Or Deletions From the Agenda: None.
Approval of the Board Minutes: It was moved by Mr. Galas, seconded by Chief Perry, and unanimously carried to approve the Board minutes and executive session minutes of the September 12, 2013 meeting.
Executive Officer’s Report: a. Guard Employee Registration Statistics
Total applications received as of 11/11/13 9,341 Total licensed 8,338 Applications with deficiencies 933
The Board thanked Mr. Chang for reviewing the Guard Employee registration applications and as of 11/11/13, there are 0 applications to be reviewed and there have been close to 10,000 applications.
The Executive Officer informed the Board that the following notice as to how employers can screen guard registration applications to help expedite the application process was sent to the Ad Hoc Committee for distribution:
MEASURES TO EFFECTUATE A FASTER TURNAROUND OF GUARD EMPLOYEE APPLICATION
The following are time-saving measures you or your employers can take that will assist the Board’s review and remove impediments to processing that will result in faster turnaround and registrations:
1) Applicants/employers can perfect their submittal packages by making certain all required documents are submitted (training certificate, verification of high school or equivalency).
2) If you or your employee answers “Yes” to questions 3, 4, or 5 of the application, insure that all the documentation required on pages 2 and 3 of the “Requirements & Instructions – Guard Registration” is submitted.
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 8
3) Applicant/employee must answer “Yes” if they have any criminal convictions. If any conviction is revealed, a deficiency or deferral will be sent requesting the required documentation and statements if not originally submitted. Sending deficiencies, awaiting documentation to clear the deficiency, and Board review may add approximately 4 weeks to the process.
4) If the high school educational documentation is in question, use the “Statement of Educational Background” form. Remember it must verify at least 4 years of work experience. If you or an employee has only worked with an employer for 2 years, the applicant/employee must obtain as many statements from former employers needed to verify at least 4 years. The forms must be signed and notarized.
5) Fee for the guard registration is $73.00. If your company is submitting fees for employees, use separate checks. Using a single check for multiple employees may result in delays if one applicant does not “clear” the review.
Vice Chairperson Yabuta opined that the initial impact of applicants was 9,000 and there will be another hit again at renewal. The Executive Officer added that the Licensing Branch will be dealing with fees only if Senator Baker removes the Continuing Education requirement for this renewal. The renewals can be done online and the department is currently looking into whether the applicant can scan and send their CE certificates online also. The computer can randomly select renewal applications for audit purposes.
The Executive Officer informed the Board that the industry requested a meeting on September 27, 2013 with the Director of the Department of Commerce and Consumer Affairs regarding the backlog of applications. On September 26, 2013, the Licensing Branch announced that they had cleared the backlog of applications for guard employees. The industry was told that if they are aware of upcoming events requiring the hiring of additional guard employees, that they should start as early as is possible in submitting their guard employee registration applications.
Examination: a. Review & Report
The Executive Officer distributed the following results of the Private Detectives’ and Guards’ examination:
Security Guard Exam (administered September 20, 2013)
Exams Administered 3 Successful 0 Unsuccessful 3
Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 9
Private Detective Exam (administered September 20, 2013)
Exams Administered 2 Successful 1 Unsuccessful 1
Security Guard Exam (administered October 18, 2013)
Exams Administered 1 Successful 0 Unsuccessful 1
Private Detective Exam (administered October 18, 2013)
Exams Administered 3 Successful 0 Unsuccessful 3
b. Examination Reference Materials
The Executive Officer requested a list of references from the licensee board members that will enable an examination update. The Executive Officer also informed the Board that while a testing contractor would be preferable, it is also cost prohibitive due to the number of applications received and potential exam candidates. Mr. Akiona asked if the Board could look at the present exam. The Executive Officer responded that the present exam must be redone because of the outdated reference materials. Mr. Chang volunteered to do the research on finding current references.
Act 208 (SLH 2010) and Any Matters Relating to its Implementation: a. Curriculum Review Committee
1) Guardsmark, LLC State of Hawaii Security guard Training Course Curricula
The Board reviewed the amended curricula submitted by Guardsmark, LLC and it was moved by Mr. Galas, seconded by Vice Chairperson Yabuta, and unanimously carried to approve the Guardsmark, LLC curriculum.
b. Email requesting Board determination if Active Reserve Navy (military) Police are exempt from the requirements of Act 208.
The Board reviewed the October 2, 2013 e-mail requesting that Active Reserve Navy (Military) Police be exempt from the Hawaii Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 10
State guard employee registration requirements of Act 208 (SLH 2010) and Hawaii Revised Statutes (“HRS”) chapter 463.
Mr. Galas informed the Board that active reserve navy police is a temporary status and when the individual is off post, he does not have a duty to respond. Therefore there should be no exemption to the requirements of Act 208 (SLH 2010) when off federal property. Vice Chairperson Yabuta stated that if this individual is on federal property, he is exempt from the requirements of Act 208 (SLH 2010).
After further discussion it was moved by Mr. Galas, seconded by Mr. Chang, and unanimously carried that based solely upon the information provided, Active Reserve Navy (military) Police are not subject to the guard registration requirements of Act 208 or HRS chapter 463 while working as a current active military reserve (military police) employee. However, the Board also determined that because the arrest powers on or off duty are limited solely to infractions related to the employment of a military police reservist, the reservist is subject to the guard registration requirements of Act 208 and HRS chapter 463 when acting as a guard outside of the military reserve police employment.
c. Continental Academy Certificate of Accreditation
The Executive Officer asked if the Board would accept the certificate of accreditation from Continental Academy as proof of a high school education for the guard employee registration requirement since the Board accepts foreign certificates. Continental Academy is an online alternative school and is not recognized by the United States Department of Education and/or the Florida Department of Education. The Executive Officer added that the Board’s policy has been that the school should be recognized or approved by either the federal or state department of education.
It was moved by Mr. Galas, seconded by Vice Chairperson Yabuta, and unanimously carried to not accept the Continental Academy as proof of a high school education for the guard employee registration as it is not recognized or approved by a state or by the federal department of education.
d. Notice to Guard Employee Registration Applicants Who Filed Applications Prior to July 1, 2013
The Executive Officer informed the Board that the department will be sending the following notice to applicants who have not responded to the deficiency notices and who were allowed to continue working provided they submitted their applications prior to July 1, 2013: Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 11
Notice to Guard Employee Registration Applicants who filed Applications Prior to July 1, 2013
On June 26, 2013, the Board of Private Detectives and Guards (“Board”) issued an “Important Announcement Regarding Guard Registration Application Filed Before July 1, 2013 Under HRS Section 463-10.5 (Act 208 (SLH 2010))” (“Guidelines”). Under these Guidelines, if an individual submitted an application to register as a guard before July 1, 2013 and attested that the applicant met all of the registration requirements, that applicant was allowed to continue working as a guard after July 1, 2013 subject to the Board’s completion of its review of the application.
After reviewing your application, the Board determined that you have not met all of the registration requirements because your application was either incomplete or contained some deficiencies. The Board subsequently sent you a “Notice of Deficiency” to your last known address on file and informed you of these deficiencies. See attached. To date, our records indicate that you have not addressed or cured these deficiencies.
This is to inform you that you have fourteen (14) calendar days from the date of the attached notice of deficiency to cure your deficiencies. If you fail to timely submit the requested information, your ability to continue working as a guard shall terminate immediately, and you may be guilty of engaging in unregistered guard activity if you continue working as a guard beyond the 14 day period. In addition, you will not be issued a guard registration card and DCCA will place a notation entitled “Uncured Deficiency – Unable to Continue to Work” in your file until you qualify for registration. This status may be disclosed to the public (including your employer).
If you have any questions regarding your application or deficiencies, please call DCCA’s Licensing Branch at (808) 586-3000. Please mail all requested information to the address above.
The applicants will be given 2 weeks notice and if there is still no response, then a note will be entered into the system stating that the individual is unable to work.
It was moved by Mr. Galas, seconded by Mr. Akiona, and unanimously carried to notify applicants that they are no longer able to work as a guard if they do not respond to the deficiency notice within two weeks of this notice.
The Executive Officer informed the Board that applicants are given one year to complete an application before it is considered abandoned. Mr. Chang asked if employers can call for status. The Executive Officer responded that a notation will be placed on the applicant’s file. Deputy Attorney General Tam suggested that the notice be posted on the Board’s website
e. Ad Hoc Committee Report
The Executive Officer informed the Board that the Ad Hoc Committee has already approved the following Continuing Education Curriculum for Act 208 which will hopefully be required for the 2016 renewal if Senator Baker’s legislation is successful: Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 12
Ad Hoc Committee Recommendation
BOARD PRIVATE DETECTIVES AND GUARDS CONTINUING EDUCATION FOR ACT 208 (SLH 2010) (4 Hours min.) Section Component Minutes INTRO Program Introduction: Act 208 HRS ...... 15 1. Professional Image and Aloha Training ...... 30
2. Active Shooter...... 30 a. Profile of an Active Shooter b. Response: Active Shooter in Vicinity c. Response: When Law Enforcement Arrives d. Response: Managing Consequences of Active Shooter
3. Workplace Violence ...... 45 a. Recognizing Potential Workplace Violence b. Indicators of Dangerous Behavior c. Proactive Response and Notification of Management
4. Fire Safety...... 30 a. Fire: causes, prevention, response b. Different Types of Fire & Type of Fire Extinguishers c. Basic Evacuation Procedures
5. Bloodborne Pathogen Exposure Awareness:...... 30 a. Required OSHA Training for First Responders b. Various Diseases, Fluids, Routes of Transmission c. Exposure Prevention Methods d. Proper Personal Protective Equipment e. Disease/Vaccination Info: HIV, Hepatitis B, Hepatitis C
6. Professional Ethics: ...... 30 a. Ethics and Professionalism b. Avoiding Conflicts of Interest c. Doing the Right Thing to Protect Persons and Property
7. Civil Liability ...... 30 a. Lawsuits, Claims, Liability b. Duty of Care c. Civil Rights Violations Awareness
Wrap up
Mr. Chang stated that professional image training is critical and that every continuing education curricula should address communication skills training.
The Executive Officer stated that Senator Baker is in favor of removing the CE portion of the Act 208 requirements entirely only if she can be assured that the employer is doing the necessary training. The industry and the Board does not want to repeal continuing education for the guard employees entirely; but is in favor of repealing it for the 2014 renewal. Deputy Attorney General Tam asked if the 4 hours is sufficient. The Board’s consensus was that 4 hours every 2 years is sufficient. The Executive Officer stated that Senator Baker would like the Board Board of Private Detectives and Guards Minutes of the November 14, 2013 meeting Page 13
to submit a general concept of the bill she will introduce to the legislature.
It was moved by Mr. Galas, seconded by Vice Chairperson Yabuta, and unanimously carried to propose to amend Act 208 and HRS Chapter 463-10.5, by repealing the sunset provision in Section 8, the CE requirement in 2014 and the required 8 hours every 2 years to 4 hours every 2 years.
Due to a lack of quorum with Board members traveling, the Board canceled the December 12, 2013 meeting.
Next Meeting: Thursday, January 9, 2014 Queen Liliuokalani Conference Room King Kalakaua Building 335 Merchant Street, First Floor Honolulu, Hawaii 96813
Adjournment: There being no further business to discuss the meeting adjourned at 12:00 p.m.
Reviewed and approved by: Taken by:
/s/ Charlene L.K. Tamanaha /s/ Christine Hironaka Charlene L.K. Tamanaha Christine Hironaka Executive Officer Secretary
12/13/13
[ X ] Minutes approved as is. [ ] Minutes approved with changes; see minutes of . BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting
GDE 6261 TYLER K Page 1 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 6470 CURTIS A Page 2 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 6678 ANTHONY WC Page 3 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 6883 CHARLES K Page 4 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 7086 WILFREDO Page 5 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 7289 SHAWN D Page 6 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 7492 KYLE K Page 7 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 7694 ARTHUR M K Page 8 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 7899 ERIC J Page 9 of 10 BOARD PRIVATE DETECTIVES & GUARDS GUARD EMPLOYEE RATIFICATION LIST November 14, 2013 Meeting GDE 8104 JOHN L Page 10 of 10