MINUTES
BOARD OF EXAMINERS
BAIL ENFORCEMENT AGENTS
MEETING
TUESDAY
NOVEMBER 25, 2014
10:00 A.M.
150 MARTIN L. KING, JR. BOULEVARD, SOUTH
TATNALL BUILDING
ROOM 112
DOVER, DE
I. Call To Order
Major Zebley called the meeting to order at 1022 hours and subsequently turned the meeting over to Ms. Anderson. The meeting is being recorded and will be maintained by the Professional Licensing Section.
Major Zebley welcomed DAG Victoria Counihan as our resident Board Attorney after several other DAG’s have sat in on these meetings. It will be nice to have a permanent person here.
The following members of the Board of Examiners were in attendance:
Major Melissa A. Zebley
Ms. Robin David
Mrs. Jennifer Esposito
Rebecca L. Byrd, Esquire
Mr. Jack McGhee, II
Mr. Kevin C. Jones
The following members of the Board of Examiners were absent:
Director John Yeomans
Deputy Assistant Robert Kracyla, Proxy
Mr. R. Dale Hamilton
Bail Bondsman – Vacant Position
The following staff members were in attendance:
Victoria W. Counihan, Esquire
Lieutenant Eric L. Hamm – Professional Licensing Section
Sergeant Matthew M. Zolper – Professional Licensing Section
Ms. Peggy L. Anderson – Professional Licensing Section
The following staff members were absent:
Captain Daniel H. Hall – State Bureau of Identification
Mrs. Lisa M. Trolinder – Professional Licensing Section
The following individuals were in attendance:
Mr. Roderick Bookard
Mr. Lorin Jones arrived @ 1028
Mr. Anthony Scalia
II. Review and Acceptance of Minutes
A. August 28, 2014
Ms. Byrd, with a second by Mrs. David, made a motion to approve the minutes as presented. The motion was carried.
III. Appeals & Actions
A. Rusty W. Parks
Ms. Anderson informed the Board that Mr. Parks provided documentation that he satisfactorily completed the Probation before Judgment and was administratively reinstated on October 8, 2014. This action is a follow-up from a previous Board decision.
Mr. Kevin Jones recused himself from the hearings @ 1024 as he was present at the time of the incident.
Mr. McGhee raised the question if he should recuse himself because he has worked with the two individuals, but not in the past year. Major Zebley stated that she thought it would be appropriate for him to not recuse himself since he was not present the night of the incident. Ms. Anderson stated that by Mr. McGhee being recused would drop the Board below quorum. DAG Counihan asked Mr. McGee if he could be fair and impartial at the hearing today; Mr. McGhee stated he could.
B. Roderick W. Bookard, Jr.
Ms. Anderson presented the facts regarding Mr. Bookard as follows:
Ø 10/14/14 – E-mail from Captain Merrill – NCCPD– regarding and apprehension where Mr. Bookard admitted that he did not call Dispatch to notify that they were making a pick-up
Ø 10/24/14 – certified notification of intent to suspend
Ø 11/03/14 – received fax request for hearing
Ø 11/03/14 – notification of hearing date sent
Major Zebley asked Ms. Anderson what rule the hearing is for today. Ms. Anderson explained and read Rule 8.0 regarding the failure to notify the ERC of an apprehension, and the consequences of the failure to do so.
Mr. Bookard read a pre-written account of the events that had transpired that day. This statement has also been provided to the Board for their review. One of the main issues that Mr. Bookard stressed was that there was no cell phone signal to be able to make the call to the ERC. Mr. Lorin Jones directed him to do a drive by to see if the suspect’s vehicle was at Kimberton apartments.
Major Zebley asked Mr. Bookard what is his interpretation of the rule of attempting to take an individual in custody. Mr. Bookard responded that they were to call Recom first.
Mr. McGhee questioned Mr. Bookard where the exact location in the development he was. Mr. McGhee stated that the area where Mr. Bookard was there was an extreme possibility that there was no cell phone reception. Major Zebley asked for clarification on the time it took for this whole event to occur. Mr. Bookard stated that it occurred within minutes.
Mr. Bookard stated that when he does call in to the ERC’s, he is asked why he is calling them.
Since both individuals requesting hearings were involved in the same incident, Major Zebley asked for Mr. Scalia to come in and give his version and then a decision will be made after the second hearing. Mr. Bookard was asked to wait in the lobby.
C. Anthony Scalia
Ms. Anderson stated that the facts regarding Mr. Scalia are the same as Mr. Bookard.
Mr. Scalia gave his account of the events that occurred that night. He said he didn't think they would actually run into the suspect. Mr. Scalia also had trouble getting through on his cell phone.
There was an altercation between the subject and both Mr. Scalia and Mr. Bookard. After the subject was placed in Mr. Scalia’s truck, NCCPD arrived and asked Mr. Scalia to take him to Court 11. Mr. Scalia advised them that he is supposed to take him to the NCCPD office.
When Mr. L. Jones and Mr. K. Jones arrived and Mr. Scalia asked Mr. K. Jones to take the subject to the NCCPD office, as he did not want to be in the same vehicle with the subject.
Major Zebley asked what time this whole situation started. He stated that he received a call about 4:00pm and the incident was about 7:20pm. An informant had given the information on where the subjects frequent.
Mr. Bookard was asked to come back into the room at this time.
Ms. Anderson explained to the board that their options for a decision could be: continue with the suspension, lift the suspension, suspend for a limited time, probation, or any variation they wish to do.
Ms. Byrd asked what the statuses of their licenses are. Ms. Anderson stated that these individuals were issued the Intent to Suspend so that they could continue to work until a decision is made by the Board.
Mrs. Esposito asked if there was a recommended time frame they could suspend their license. Ms. Anderson stated this is a new area and it is up to the Board as there are no set rules as to how long the suspension could or should be.
Mr. McGhee gave his interpretation of what happened in that an agent does not call in when they are driving around looking for a subject. The cell phone reception in that area is very poor and an agent cannot call in without a specific address to give. He doesn’t feel that it was the agents’ intent to NOT call in the apprehension, but that they lucked out and found the subject and everything happened quite quickly and in a confrontational manner.
The whole scenario, from the time the subject was spotted until NCCPD came onto the scene, was about 20 minutes. Mr. Scalia kept asking the bystanders to call 911.
There has not been any arrests or charges placed against the agents, just a violation of Rule 8.0. The subject was not taken to the hospital, but Mr. Scalia was asked if he wanted to go as the subject kept head-butting him. Mr. Scalia refused treatment.
Lt. Hamm spoke that these agents are doing a dangerous job and that this is a learning point for all sides – the Board, agents and the ERC’s. He doesn’t see anything here so bad that the suspension needs to continue.
Mr. McGhee made the suggestion to call in for a neighborhood rather than a specific address. Mr. Scalia stated that he had called in before for a neighborhood and the ERC’s would not accept that.
Mrs. Esposito stated that she believed a warning should be given but no disciplinary action should be taken; Mr. McGhee – written warning or along those lines; Ms. David – warning; Ms. Byrd – fine with a warning; Major Zebley – warning.
After discussion, Mrs. David, with a second by Major Zebley, made a motion to issue a written warning to both Mr. Scalia and Mr. Bookard for violation of Rule 8.0. The motion was carried.
Ms. Anderson explained that they would receive written notification regarding the Board’s decision. Lt. Hamm will be in contact with the ERC‘s regarding the issue of not wanting to take calls from the BEA’s. Rule 8.0 will be reviewed by the Board for more clarification. Ms. Anderson asked that if any agent has any problems with the ERC’s to please let the Professional Licensing Section know of the issue. Lt. Hamm stated that if an ERC would not take the address, you as an agent are doing what is required by calling in the location.
Ms. Anderson informed Major Zebley that our guest, Mr. L. Jones, would like to speak, if the Chair wishes. Major Zebley permitted him to speak.
Mr. L. Jones started to enlighten the Board of what an agent really does when they are attempting to apprehend a subject. Mr. L. Jones explained that he was a major part in the creation of this law. Major Zebley explained to Mr. L. Jones that the board does have an understanding on the events when an apprehension is attempted.
Mr. K. Jones returned to the meeting @ 1115. Ms. Anderson recapped to Mr. K. Jones the Board’s decision.
IV. Old Business
A. Rules & Regulations
Ms. Anderson presented Rules 3.0, 8.0, 9.0, 10.0, & 12.0 for signatures for final publication with no comments. Former Rule 9.0 was presented as being stricken and replaced. The rules were verbiage clean-up.
Rule 1.0 – Licensing
Ms. Anderson explained what the changes were and how they came to light.
DAG Counihan asked about what arrest would happen if a badge is not returned when requested. It was suggested that verbiage be added to help clarify this. Ms. Byrd pointed out that 24 Del. C. §5512 and §5514 covers the arrest issue.
It was discussed and determined that the following wording be added: “Rule 1.4.1 Any BEA that has been issued an identification card, license and badge and does not return the items to the Professional Licensing Section within 30 days of expiration, termination, suspension or revocation may be subject to penalties under 24 Del. C. Ch. 55.”
Mr. Jones, with a second by Mr. McGhee, made a motion to approve the amendments to Rule 1.0 along with the addition of 1.4.1 as presented for the first publication and public comment period. The motion was carried.
Rule 2.0 – Badges, Patches, Advertisements
After discussion, Ms. Anderson asked that everyone please take this home and review for the next meeting.
Rule 6.0 – Training Requirements for Issuance of a License
Ms. Anderson informed the Board that, from previous discussions, the field training and internship need to be removed due to the liability factor and they were not feasible to enforce.
Major Zebley, with a second by Mrs. David, made a motion to approve the amendments to Rule 6.0 as presented for first publication and public comment period. The motion was carried.
Rule 7.0 – Continuing Education and Training
After discussion, it was determined that this rule was to be tabled for further amending to be presented at the next meeting.
Rule 11.0 – Criminal Offenses
Ms. Byrd, with a second by Mr. Jones, made a motion to approve the amendments to Rule 11.0 as presented for first publication and public comment period. The motion was carried.
Rule 13.0 – Drug Testing
Mrs. Esposito did quite a lot of research on this issue for the Board. Please take this home for review to be discussed at the next meeting.
V. New Business
A. Rule 2.0 – Badges, Patches, Advertisements
1. Paul Gebbia – Patches
2. Carlos Natal-Torres – Vest
Mrs. David, with a second by Mrs. Esposito, made a motion to approve A.1.-2 as presented. The motion was carried.
B. Professional Licensing
Ms. Anderson informed the Board that Mr. R. Dale Hamilton, Bail Enforcement Agent, has been re-appointed to the Board and his new expiration date will be 10/14/17. Mr. Kevin C. Jones, Bail Enforcement Agent, was re-appointed to the Board and his new expiration date will be 10/14/17. Mrs. Brunilda Luna-Mercado, Bail Bondsman, was not re-appointed. Secretary Schiliro is still looking for a Bail Bondsman replacement.
C. Board Members
The Board Members did not have any new business at this time.
D. Major’s
Major Zebley thanked everyone for their time and effort they put into these meetings and a thank-you to our new DAG.
VI. Adjournment
A. Schedule Next Meeting
1. Friday, February 27, 2015 @ 10:00am
Major Zebley, with a second by Mr. McGhee, made a motion to adjourn the meeting. The motion was carried. The meeting adjourned at 1201 hours.
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