MINUTES
BOARD OF EXAMINERS
BAIL ENFORCEMENT AGENTS
MEETING
TUESDAY
NOVEMBER 24, 2015
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 1009 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 introduced Lt. Kerry B. Reinbold as the new Director of Professional Licensing along with his promotion.
Ms. Anderson asked everyone to introduce themselves for Lt. Reinbold. Ms. Anderson informed the Board of the newest addition/promotion to Professional Licensing with Ms. Rutkowski being the addition and Mrs. Bingham being promoted to full-time and taking Mrs. Lisa Trolinder’s position.
The following members of the Board of Examiners were in attendance:
Major Melissa A. Zebley
Director John Yeomans
Ms. Robin David
Mr. Michael J. Dellose @ 1012
Rebecca L. Byrd, Esquire
Mr. Jack McGhee, II
Mr. Harry O. Jennings
Mr. R. Dale Hamilton
The following member of the Board of Examiners was in attendance – non-voting:
Deputy Principal Assistant Robert Kracyla
The following members of the Board of Examiners were absent:
Mr. Kevin C. Jones
The following staff members were in attendance:
Victoria W. Counihan, Esquire
Lieutenant Kerry B. Reinbold
Ms. Peggy L. Anderson
Mrs. Megan C. Bingham
Ms. Courtney F. Rutkowski
Mr. Michael Terranova
The following staff members were absent:
Captain John J. Laird, Jr.
Sergeant Matthew M. Zolper
The following individuals were in attendance:
Mr. Jim Mozier
Mr. Joseph Feldman
Mr. Dellose arrived at 1012.
II. Review and Acceptance of Minutes
A. November 25, 2014
B. February 20, 2015
Ms. Anderson noted that changes have been made since they were approved last and DAG Counihan’s recommendation to change AGENDA to MINUTES at the top of each set of minutes.
Mr. Yeomans, with a second by Mr. Hamilton, made a motion to approve the minutes from 11/25/14 & 02/20/15 with the noted changes. The motion was carried.
C. May 15, 2015
D. August 28, 2015
DAG Counihan recommended to change AGENDA to MINUTES at the top of each set of minutes.
Mr. Yeomans, with a second by Mr. McGhee, made a motion to approve the minutes from 05/15/15 & 08/28/15 with the noted change. The motion was carried.
III. Appeals & Action
A. Hearings
1. James M. Mozier
Ms. Anderson presented the background on Mr. Mozier as follows:
Ø Processed on 09/03/15 – Denied
Ø Marked YES for fingerprints
o Philly PA – Simple Assault working a Security Detail – Dismissed – 2015
o Blackwood NJ – Theft of Property – Probation - 2008
Ø FBI Record revealed:
o 03/04/08 – Gloucester Township PD, NJ
§ Receiving Stolen Property – Guilty – Felony Conviction
§ Unlawful Poss of Handgun – Aggregate Sentence – Probation 3 years, Amount Assessed $155
Mr. Mozier explained that the charge from NJ is mis-listed as the degrees are incorrect. He compared the charges to those in Delaware. The charges from Pennsylvania are in the process of or already have been expunged.
Ms. Anderson explained to Mr. Mozier that if his FBI record is incorrect, he will need to have each state correct his record with the FBI. This is the record that Delaware and this Board reviews and follows.
Mr. Mozier explained that this is the first license that he has had denied in the tri-state area. He is a bondsman in NJ and owns his own company and has ACT 235 in PA and is licensed there also. Those states also reviewed these charges and compared them to those in each state and issued his licenses there.
After discussion, Mr. Dellose, with a second by Ms. Byrd, made a motion to uphold the denial of Mr. Mozier’s license/badge/identification card and for Professional Licensing to administratively issue the credentials once the FBI record has been cleared. The motion was carried.
B. Updates from Previous Hearings/Actions
1. Alfonza Bailey
Ms. Anderson presented the background on Mr. Bailey as follows:
Ø Requested hearing – unknown if he received the certified notification – Intent to Revoke for failure to take 2013 & 2014 Training
Ø Has not taken the 2015 Training either
Ø Contact with Mr. Bailey – needs to wait until February 2016 hearing – unavailable on 11/24/15
This is for informational purposes only. No action necessary.
2. Marta I. Castro
Ms. Anderson presented the background on Ms. Castro as follows:
Ø 02/11/15 – Received badge/identification card
Ø 03/12/15 – Certified notification of Intent to Revoke – 2014 Continuing Education
Ø 03/18/15 – Refused/Unclaimed
Ø 05/15/15 – Revoked by Board
Ø 09/01/15 – Received a fax with new address per a telephone conversation
Ø 09/09/15 – Certified notification of Intent to Revoke
Ø 09/11/15 – Signed green card
Ø 09/11/15 – Received e-mail requesting a hearing and was going to take the 2015 Continuing Education in October
Ø 11/03/15 – Received an e-mail from Mike Terranova – Ms. Castro failed the test twice
Ø Have tried calling and e-mailing Ms. Castro to see if she still wants a hearing – have not heard from her
o Cell phone cannot leave a message
o Home phone memory is full and can’t leave a message
o Two e-mails sent to her last known address – not the one that is on file
o Failed to notify of change of address
After discussion, it was recommended that Ms. Anderson is to send a certified/first class notification of the hearing to be scheduled for February 25, 2016.
3. James K. Exum
Ms. Anderson presented the background on Mr. Exum as follows:
Ø 03/12/15 – Certified notification of 2013 & 2014 missed training
Ø 04/20/15 – Returned – Unclaimed
Ø 05/06/15 – e-mail from Me. Exum regarding the status of his other ID cards
Ø 05/07/15 - sent e-mail to Mr. Exum the addresses that all correspondence has been sent to
Ø 05/08/15 – e-mail from Mr. Exum giving a third different address – re-sent certified notification of Intent to Revoke
Ø 05/13/15 – signed for notification
Ø 06/08/15 – deadline for hearing request – none received
Mr. McGhee, with a second by Mr. Dellose, made a motion to revoke Mr. Exum’s license/identification card/badge. The motion was carried.
4. Reinaldo Gonzalez
Ms. Anderson presented the background on Mr. Gonzalez as follows:
Ø Requested hearing – unknown if he received the certified notification – Intent to Revoke for failure to take 2014 Training
Ø Contact with Mr. Gonzalez – Is taking care of his father w/cancer
Ø Previously turned badge in
Ø Told if he wished to get back into BEA to contact me directly
Ø Needs vote to officially Revoke
Mr. Hamilton, with a second by Mr. McGhee, made a motion to revoke Mr. Gonzalez’s license/identification card/badge. The motion was carried.
5. Fritz Lamour
Ms. Anderson presented the background on Mr. Lamour as follows:
Ø Result of hearing for failure to take 2014 Training
o Take the 2015 Continuing Education and pass test
o 10/31/15 Received certificate of passing class
o Administratively reinstated
This is for informational purposes only. No action necessary.
6. Carl S. Muckelroy
Ms. Anderson presented the background on Mr. Muckelroy as follows:
Ø 08/05/15 – Surrendered badge/identification card – reviewed the terms and conditions for reinstatement
This is for informational purposes only. No action necessary.
7. Jeffrey J. Perez
Ms. Anderson presented the background on Mr. Perez as follows:
Ø Intent to Revoke notification
Ø Turned in badge/identification card
Ø Intended to take the August 2015 Initial Classroom Training – Did Not
Ø Needs vote to officially Revoke
Mr. McGhee, with a second by Mr. Dellose, made a motion to revoke Mr. Perez’s license/identification card/badge. The motion was carried.
8. Andrew G. Pigeon, Jr.
Ms. Anderson presented the background on Mr. Pigeon as follows:
Ø Intent to Revoke notification – 2014 training – came back unclaimed – 05/15/15
Ø Mr. Pigeon turned in his badge/identification card on 07/15/15
Ø Needs to vote to officially Revoke
Mr. Dellose, with a second by Mr. McGhee, made a motion to revoke Mr. Pigeon’s license/identification card/badge. The motion was carried.
9. James J. Richardson
Ms. Anderson presented the background on Mr. Richardson as follows:
Ø Certified Intent to Revoke notification came back unclaimed
Ø Contacted Mr. Richardson and wishes to have a hearing in February 2016
This is for informational purposes only. No action necessary.
IV. Old Business
A. Professional Licensing
1. Rules & Regulations Amendments/Adoptions
a. Rule 6.0
Ms. Anderson presented 6.1.2 for consideration as recommended by DAG Counihan:
Ø Consider 6.1.2:
o All classroom training and testing must be given by a Board approved facility.
Mr. Hamilton, with a second by Ms. Byrd, made a motion to approve the added section to Rule 6.0 for first publication as presented. The motion was carried.
b. Rule 7.0
Ms. Anderson presented 7.1 for amendment consideration as recommended by DAG Counihan:
Ø Consider removing DTCC from 7.1 entirely and replace with:
o Continuing education/training shall be every year. Odd years will be done by completing an on-line modular and test and even years will be eight hours of classroom training. All training and testing must be given by a Board approved facility.
Mrs. David, with a second by Ms. Byrd, made a motion to approve the amendment to 7.1 for first publication as presented. The motion was carried.
c. Rule 8.0
Ms. Anderson presented 8.1.2 for amendment consideration as recommended:
Ø Previously approved removal of “police emergency” for the dispatch centers
Ø Consider adding 8.1.2:
o Notification to the 911 dispatch center must be made when clearing the address of the attempt.
Mr. Hamilton, with a second by Mr. Dellose, made a motion to approve the amendment consideration to Rule 8.0 for first publication as presented. The motion was carried.
d. Rule 9.0
Ms. Anderson presented the name change for amendment consideration as recommended as the industry standard:
Ø Change Title/wording to:
o Conducted Electrical Weapon (CEW)
Ø Industry standard now
Mr. McGhee, with a second by Mr. Jennings, made a motion to approve the amendment consideration to the title change for Rule 9.0 for first publication as presented. The motion was carried.
2. 2015 Continuing Education
Ms. Anderson presented the following information for the 2015 Continuing Education:
Ø 04/30/15 – 27
Ø 10/31/15 – 52
o TOTAL – 79
Ø 10 Missed the 2 month long on-line training
o All are being sent certified/regular notification of emergency suspension per Rule 7.0
Ø Suggested make-up course after the February 2016 meeting
This is for informational purposes only. No action necessary.
3. 2016 Continuing Education
Ms. Anderson turned this over to Mr. Terranova for his presentation/suggestion for the Board’s vote.
Discussion regarding the topic of Use of Deadly Force in the continuing education, it is not mandatory for this – only in the initial classroom training.
Mr. Terranova spoke about incorporating Mr. Kracyla into the training with the hands-on entry training. Mr. Kracyla informed the Board of topics that he put into his training. He would like to have actors from the class and also as the live participant in the scenario. Fundamentals of tactics are the topics planned. Feedback would come from both the actors and the participants. He is expanding from 4 hours to 5 hours for this.
Mr. Terranova spoke about this type of training with the Constable Academy that DTCC holds and how well it went with them.
There are always questions about the bail industry and this year Mr. Hamilton has agreed to speak regarding this industry. Mr. Hamilton spoke of what he would like to instruct.
The last couple of areas would be laws & rules & regs updates and the use of deadly force will also be put into this.
The Board recommended that keeping up to date on all contact information be emphasized in the rules & regs updates.
Ms. Anderson presented the topics to be:
· Touch on use of deadly force
· Mr. Kracyla’s hands on for Tactical Mindset
· DE Law and Rules & Regs updates
· Mr. Hamilton and Bail Bonds
· Mr. Terranova and Constitution updates
Mr. McGhee, with a second by Mrs. David, made a motion to approve the recommended continuing education for 2016 as presented. The motion was carried.
The 2015 continuing education make-up shall be offered after the February 2016 Board meeting. It should be given only for 2 weeks.
Ms. Anderson asked how often the 2016 continuing education should be offered. It was discussed that 4 times, quarterly, would be sufficient and to have 2 at Stanton, 1 at Terry and 1 at Georgetown with the limit to 25 per class.
b. 2016 Initial Classroom Training
Ms. Anderson presented the following information for the 2016 Initial Classroom Training:
Ø August 3 OR 10, 2016
o Will include Bail Bonds this year
It was deemed that Bail Bonds information as pertinent by the Board for this curriculum.
This is for informational purposes only. No action necessary.
5. Conflict of Interest
Ms. Anderson directed everyone to the e-mail response by DAG Counihan from the discussion at the previous meeting. It is recommended that this information be kept on file for future reference.
If the individual is a state employee, there are guidelines there that govern them, and if they are not, then the erroneous is on them.
B. Board Members
The Board members did not have any old business at this time.
C. Major
Major Zebley did not have any old business at this time.
V. New Business
A. Professional Licensing
The Professional Licensing Section did not have any new business at this time.
B. Board Members
Mr. McGhee brought to the Boards attention that legislation is going around that would make all cash bail system in the courts. There would still be some offenses that an individual would need a Bail Bondsmen.
This would mean more of a burden being placed on Probation & Parole if this were to happen. Major Zebley will keep the Board posted on the discussions with P & P regarding this issue.