And Private Security Agencies s1

MINUTES BOARD OF EXAMINERS OF PRIVATE INVESTIGATORS AND PRIVATE SECURITY AGENCIES

January 28, 2010

I. Call to Order

Lt. Colonel Paige called the meeting to order at 1008 hours. The meeting was tape-recorded and the Licensing Specialist of the Detective Licensing Section will maintain the tape(s). The following members of the Board of Examiners were in attendance:

Lieutenant Colonel James Paige Ms. Sandra C. Mifflin – in @ 1035 Mrs. Heather M. Shupe Mr. Kline G. Kemp, Jr. Ms. Kelly R. Jansen Mr. Harvey A. Woods, III

The following people were also in attendance:

Michael Tupman, Esquire Lieutenant William D. Crotty – Detective Licensing Ms. Peggy L. Anderson - Detective Licensing Ms. Tara L. Zentz – Detective Licensing

II. Review and Acceptance of Minutes

A. October 29, 2009 Meeting

The minutes of the October 29, 2009 meeting were reviewed with no revisions. Mr. Woods, with a second by Ms. Jansen, made a motion to accept the minutes as presented. The motion was carried.

B. January 22, 2010

The minutes of the January 22, 2010 special hearing meeting were reviewed with no revisions. Mr. Woods, with a second by Ms. Jansen, made a motion to accept the minutes as presented. The motion was carried.

III. Licenses Lt. Colonel Paige turned this section over to Ms. Anderson. Ms. Anderson stated that all licensures, renewals and approvals in Item V. have met all the statutory requirements for Delaware Code Title 24 Chapter 13 and the Rules & Regulations and have provided same to the Detective Licensing Section.

A. Class A – Private Investigative Agency - Renewals 1. Claims Bureau USA, Inc. a. License Holder – Brian A. Landry b. Delaware Manager – Hugh J. Craig 2. ICU Investigations, Inc. a. License Holder – Dean Smith b. Delaware Manager – Dean Smith 3. Info Retrieval a. License Holder – Kelly Jansen 4. James F. Valentine Inc. a. License Holder – James F. Valentine, Jr. b. Delaware Manager – James F. Valentine, Jr. 5. Joseph Michael Lamonaca Detective Agency a. License Holder – Joseph M. Lamonaca 6. Maryland Claims Investigation, Inc. a. License Holder – Robert H. Jones b. Delaware Manager – Russell L. Ball 7. Ronald E. Bielinski, Private Investigator a. License Holder – Ronald E. Bielinski 8. Shannon Associates a. License Holder – Robert C. Shannon 9. U.S. Detectives, LLC a. License Holder – Thomas S. McAlaine b. Delaware Manager – Thomas S. McAlaine

Mr. Woods, with a second by Mr. Kemp, made a motion to accept A.1.-9. as presented for licensure renewals. Ms. Jansen abstained from A.3.a. The motion was carried.

B. Class A – Private Investigative Agency – New 1. Eye-C.U. Investigations a. License Holder – James M. Beatty 2. The Simons Group a. License Holder – Gary Simons b. Delaware Manager – Gary Simons

Mr. Woods, with a second by Mrs. Shupe, made a motion to accept B.1.-2. as presented for licensure. The motion was carried.

2 C. Class A – Private Investigative Agency – Name Change 1. ChoicePoint Services Inc. a. LexisNexis Risk Solutions Inc. 2. Investigative Consultant Services/The Simons Group a. Investigative Consultant Services, LLC

Mr. Woods, with a second by Ms. Jansen, made a motion to accept C.1.-2. as presented for name change. The motion was carried.

D. Class A – Private Investigative Agency – Resignations 1. ARK Investigative Services Group 2. Empyrean Risk Management LLC a. License Holder – Julie D. Dziubaty b. Delaware Manager – Julie D. Dziubaty 3. Thoroughbred Racing Protective Bureau, Inc.

Ms. Anderson presented D.1.-3. as informational purposes only. No vote necessary.

E. Class A – Private Investigative Agency – Issues 1. Investigative Response Group

Ms. Anderson explained the issue with Investigative Response Group not providing the Delaware manager surety bond which was due to expire on 01/15/10. Regular notification mail was returned on 12/17/09. Phone calls to the Delaware phone number was answered as Project Assistance, and after confirmation of dialing the correct number, no one by the name of Sean Grant or Investigative Response Group was known at that number.

Mr. Tupman stated that this was grounds for the intent to revoke their license and the right to a hearing, if requested, within 30 days of receipt and the letter is to be sent to both the Delaware manager address and the license holder address.

Mr. Woods, with a second by Mr. Kemp, made a motion for the intent to revoke with a right to a hearing for E.1. The motion was carried.

F. Class B – Private Security Agency - Renewals 1. Command Security Corporation a. License Holder – William A. Vigna b. Delaware Manager – William A. Vigna 2. Day & Zimmermann LLC a. License Holder – Daniel J. Roddy

3 b. Delaware Manager – Roy J. Argelander

Ms. Jansen, with a second by Mrs. Shupe, made a motion to accept F.1.-2. as presented for licensure renewals. The motion was carried.

G. Class B – Private Security Agency – New 1. Starr Security Services a. License Holder – Alfred A. Piscino, Jr. b. Delaware Manager – Alfred A. Piscino, Jr.

Mr. Woods, with a second by Ms. Jansen, made a motion to accept G.1. as presented for licensure. The motion was carried.

H. Class B – Private Security Agency – Resignations 1. Intrepid Security, Inc.

Ms. Anderson presented H.1. as informational purposes only. No vote necessary.

I. Class C – Private Investigative & Private Security Agency Renewals 1. E.I. DuPont de Nemours and Company a. License Holder – Patti J. Souders 2. SPI Security Services Inc. a. License Holder – Thomas P. Nixon b. Delaware Manager – Thomas P. Nixon

Mr. Woods, with a second by Mr. Kemp, made a motion to accept I.1.-2. as presented for licensure renewal. The motion was carried.

J. Class C – Private Investigative & Private Security Agency Name Change 1. All American Investigators and Security, LLC a. Vital Security and Investigations

Mr. Woods, with a second by Mrs. Shupe, made a motion to approve J.1. for name change. The motion was carried.

K. Class C – Private Investigative & Private Security Agency Issues 1. First State Detective & Security

Ms. Anderson gave background on the issue with First State Detective & Security as their surety bond had expired on 06/13/09 and their liability had expired on 08/27/09. Regular

4 and certified mail had been returned. Upon calling and e-mails, it was discovered that Ms. Temple was in Pittsburgh, PA with her Grandfather who was ill & dying. After several months and attempts to receive the necessary documentation, all correspondence with Ms. Temple ceased.

Mr. Tupman stated that this was grounds for an emergency suspension of their license and the right to a hearing, if requested, within 30 days of receipt of the letter. This is an in-state agency.

Mr. Woods, with a second by Ms. Jansen, made a motion for the emergency suspension of K.1.. The motion was carried.

5 L. Class D – Armored Car Agency – Renewals 1. Dunbar Armored, Inc. a. License Holder – Kevin R. Dunbar b. Delaware Manager – Mark D. McKittrick 2. Loomis Armored US LLC a. License Holder – Patrick J. Otero b. Delaware Manager – Michael S. Matey

Mr. Woods, with a second by Mrs. Shupe, made a motion to accept L.1.-2. as presented for licensure renewals. The motion was carried.

M. Class D – Armored Car Agency – Renewals w/changes 1. Brink’s Incorporated a. License Holder – Lawrence F. Rodo – New b. Delaware Manager – Dennis L. Casteel

Mr. Woods, with a second by Mrs. Shupe, made a motion to accept M.1. as presented for licensure renewal with the changes. The motion was carried.

N. Class D – Armored Car Agency – Resignations 1. Brink’s Incorporated a. License Holder – Gary D. Landry (Replaced)

Ms. Anderson presented N.1. as informational purposes only. No vote necessary.

O. Address/Phone Number Changes 1. Pinkerton Services a. Delaware Address & Phone Number 2. SFI-Whelan Security a. Delaware Address 3. Sunstates Security LLC a. License Holder Address

Ms. Anderson presented O.1.-3. as informational purposes only. No vote necessary.

P. Rule 5.0 – Uniforms, Patches, Badges, Seals, Vehicular Markings 1. Bayside Security Patrol Services, Inc. a. Badge 2. Eye-C.U. Investigations a. Logo for Letterhead, Envelope & Business Card 3. Starr Security Services a. Uniform (soft & hard), Patch, Vehicle Markings, Letterhead, Envelope, Business Card & Brochure

6 4. The Simons Group a. Letterhead, Business Card, Brochure, Informational Packet 5. Vital Security and Investigations a. Uniform, Patch, Letterhead, Business Card & Brochure

Mr. Woods, with a second by Ms. Jansen, made a motion to accept P.1.-5. as presented for approval. The motion was carried.

Q. Certified Instructors 1. Approvals a. Brandon B. Habron - Handcuff

Ms. Anderson presented Q.1.a. as an instructor for information purposes only. No vote necessary.

IV. Old Business

A. Stansbury Investigative Services

Ms. Anderson refreshed the Board regarding Stansbury Investigative Services and stated that all issues from the previous meeting have been resolved and the agency is licensed with an expiration date of 10/31/11. This is just FYI to the Board.

B. Grant Investigative Services

Ms. Anderson explained the circumstances with Grant Investigative Services that at the 07/23/09 Board meeting they had not provided the necessary surety bonds and liability insurance and a valid Delaware address. They were given an emergency suspension with a right to a hearing at the 10/29/09 Board meeting.

Mr. Grant did not respond requesting a hearing and therefore their license was revoked administratively.

Since that time, Mr. Grant has provided the proper paperwork for licensure renewal and has assured Ms. Anderson that the Delaware address is accepting mail at this point.

Ms. Anderson told the Board that she was satisfied that this agency has met all the requirements of the law.

7 Mr. Woods, with a second by Mrs. Shupe, made a motion to reinstate Grant Investigative Services and renew the license. The motion was carried.

8 C. NMS Security Services, LLC

Ms. Anderson explained that NMS Security Services, LLC was approved as a new agency on 07/23/09 and that the Delaware mail had been returned and the Delaware phone number was not accepting calls for them. At the 10/29/09 meeting, there was intent to revoke their license.

Since that time they have provided proof that the Delaware address and phone number is a partner of their agency and is now accepting mail and calls for NMS Security Services, LLC. The Delaware manager, David Todd, is no longer working for them and they will have a replacement by the 04/22/10 meeting.

Ms. Anderson is satisfied that this agency now meets all the requirements by law.

Mr. Kemp, with a second by Mr. Woods, made a motion to reinstate NMS Security Services, LLC. The motion was carried.

D. Armored Car Guards ID Cards

At the 10/29/09 meeting, Ms. Zentz explained the new procedure on how the Detective Licensing Section was issuing/releasing ID cards. Mr. Woods inquired about a different manner for the armored car industry.

Ms. Anderson explained that they were looking into a new way of issuing the ID cards and that there would be no changes at this point. They hope to have this new procedure up and running by June 2010, so further details and information will be forwarded to the Board at the July 2010 meeting.

E. Rule Adoptions 1. Moral Turpitude (Exhibit A) 2. Falsifying Application (Exhibit B)

Lt. Crotty presented the rule changes in IV.E.1.2. and V.A.1.a. as a rough draft.

Ms. Jansen asked that the word “may” stay in the wording and not use “shall” as it will give the Board more leeway in rejections, revocations and suspensions.

After discussion on the presented draft, Ms. Anderson will forward all to Mr. Tupman for review and a tweaking process. They will then be presented at the 04/22/10 meeting for approval.

9 10 V. New Business

A. Detective Licensing Comments 1. Rule Adoption a. Criminal Offenses (Exhibit A)

Lt. Crotty informed the Board that all applications for the Detective Licensing Section can now be found on the DSP website and we are directing everyone to go there for them.

The process is in place to change the name of the Detective Licensing Section to the Professional Licensing Section. This will be a better description of what is regulated by this Section.

B. Board Member/Public Attendee’s Comments

There were no comments at this time.

C. Colonel/Designee’s Comments

Lt. Colonel Paige did not have any comments at this time.

VI. Adjournment

A. Schedule Next Meeting 1. Thursday, April 22, 2010 @ 10:00am

Mr. Woods, with a second by Ms. Mifflin, made a motion to adjourn the meeting at 1051 hours. The motion was carried.