MINUTES
BOARD OF EXAMINERS
OF PRIVATE INVESTIGATORS
AND PRIVATE SECURITY AGENCIES
July 12, 2007
I. Call to Order
Major Downes called the meeting to order at 1023 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:
Major Harry W. Downes, Jr.
Michael Tupman, Esquire
P. Scott Wilson, Esquire
Mrs. Mary McKenzie-Dantzler
Mr. Kline G. Kemp, Jr.
Mr. Edward V. Hill
Mr. Harvey A. Woods, III
The following people were also in attendance:
Ralph K. Durstein, III, Esquire – Counsel to the Board
Ms. Peggy L. Anderson - Detective Licensing
Sgt. Donna M. Simpson – Detective Licensing
Mr. John F. Tharan
Mr. John H. Dillon – J.R. Gettier & Assoc. Inc.
Mr. Joseph T. Becker – J.T. Becker and Company, Inc.
Mr. Christopher D. Foraker – Foraker Investigations
Mr. James F. Wilson, Sr. – Bayside Security Patrol Services, Inc.
Mr. Leo L. Murray, Sr.
II. Review and Acceptance of Minutes from April 26, 2007 Meeting
The minutes of the April 26, 2007 meeting were reviewed with no revisions. Mr. Hill, with a second by Mr. Woods, made a motion to accept the minutes as presented. The motion was carried.
III. Appeals
A. J.T. Becker and Company, Inc.
1. Joseph T. Becker
Ms. Anderson refreshed the Board on why Mr. Becker has requested this appeal. J.T. Becker and Company, Inc.’s liability insurance had expired on 10/15/06 and mail had been returned to the Detective Licensing Office, both regular and certified. Phone messages to the Delaware telephone number went unanswered.
A representative from the License Holder’s office called to inquire about the renewal of their license and at that time Ms. Anderson informed them that they were under suspension for failure to have a Delaware Address and Phone Number. After speaking with Mr. Becker regarding this matter, he checked on the Delaware address and found that the individual had moved and had not told anyone of the new address.
Mr. Becker requested that he be afforded a hearing regarding this matter.
Mr. Becker informed the Board that his agency did have the required liability insurance, but that he had changed insurance agents and had not listed the Delaware State Police as a Certificate Holder to receive the statement automatically. He would have a copy faxed to the Detective Licensing Office immediately.
Mr. Becker explained the situation with the Delaware address and phone number in that the individual he was originally using had gone from a full-time to part-time capacity and he was using another address. The original individual is back on board full-time and that would be the address and phone number he would be using.
After hearing testimony Mr. Tupman, with a second by Mrs. McKenzie-Dantzler, made a motion to lift the suspension of J.T. Becker and Company, Inc.’s license, contingent on the receipt of the liability insurance. The motion was carried.
Ms. Anderson asked the Board if they would consider the Class A Private Investigative Agency renewal of J.T. Becker and Company, Inc. at this point. Their license expires on 07/31/07 and they are not on the agenda under Section III. Renewals.
Mr. Tupman, with a second by Mr. Wilson, made a motion to renew the Class A Private Investigative Agency License of J.T. Becker and Company, Inc., subject to the same contingency. The motion was carried.
B. Leo L. Murray, Sr.
Ms. Anderson informed the Board of the circumstances behind the suspension of Mr. Murray. Mr. Murray was arrested on 06/02/07 for Terroristic Threatening(M) and Aggravated Menacing(F) and failed to inform the Detective Licensing Section of this arrest. It was brought to the attention of Ms. Anderson on 06/22/07 by a co-worker. A certified letter was sent out on 06/22/07 notifying him of his suspension and a right to a hearing, with a copy going to his employer – J.R. Gettier & Assoc. Inc. A letter requesting a hearing was received on 07/05/07, along with his ID card.
Mr. Durstein swore-in Mr. Murray at 1035 hours. Mr. Murray was cautioned that any statements he made about the incident would be a matter of public record, and could be used against him in a court of law.
Mr. Murray gave an account of the incident leading to the charges and claimed that he was only trying to defend himself from an individual who approached him in a provocative manner. Mr. Murray had used his night stick as a defense weapon, although he did not strike the other person. He was arraigned by video-phone and has another court date later in July.
After further questioning by the Board Members, Sgt. Simpson was asked to find out about upcoming court dates.
Sgt. Simpson informed the Board that Mr. Murray was indicted by the Grand Jury on the Aggravated Menacing(F) charge on Monday 07/09/07.
Mr. Tupman, with a second by Mr. Kemp, made a motion to continue the suspension until the final outcome of the charges. The motion was carried.
Mr. Murray was advised by Board Counsel to immediately contact his lawyer to determine the status of his case, and to advise her of his appearance before the Board.
IV. Licenses
Major Downes turned this section over to Ms. Anderson. Ms. Anderson stated that all licensures and approvals in Item III. 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. D.O. Richardson & Associates
a. License Holder – David O. Richardson
b. Delaware Manager – Jay E. Daniello
2. Forsythe Confidential Investigations
a. License Holder – Mary E. Forsythe
b. Delaware Manager – Mary E. Forsythe
3. MJM Investigations, Inc.
a. License Holder – Michael J. Malone
b. Delaware Manager – Richard J. Marvel
4. O’Rourke Investigative Associates, Inc.
a. License Holder – Michael T. O’Rourke
5. Rhodunda Security Associates
a. License Holder – William J. Rhodunda, Sr.
6. Stansbury Investigative Services, Inc.
a. License Holder – Howard Stansbury
b. Delaware Manager – Howard Stansbury
7. The Vera Quest Group, Inc.
a. License Holder – Jeanne C. Short
b. Delaware Manager – Jeanne C. Short
Mr. Tupman, with a second by Mrs. McKenzie-Dantzler, made a motion to accept A.1.-7. as presented for licensure renewal. The motion was carried.
B. Class A - Private Investigative Agency - New
1. Alpha Investigations and Security Consulting LLC
a. License Holder – Wayne H. Warren
2. Foraker Investigations
a. License Holder – Christopher D. Foraker
3. True Blue Investigations
a. License Holder – Michael A. Fontello, Sr.
Mr. Tupman, with a second by Mr. Hill, made a motion to accept B.1.-3. as presented for licensure. The motion was carried.
C. Class A – Private Investigative Agency – Resignations
1. Facticon, Inc.
Ms. Anderson presented C.1. as informational purposes only, no vote necessary.
D. Class A – Private Investigative Agency – Name Change
1. Confidential Business Resources
a. GlobalOptions, Inc.
2. Litigation Solutions, Inc.
a. Litigation Solutions, LLC
Mr. Tupman, with a second by Mr. Wilson, made a motion to accept D.1.-2. as presented for a name change. The motion was carried.
E. Class B – Private Security Agency - Renewals
1. OMNISEC International
a. License Holder – Julien Patterson
b. Delaware Manager – Lewis G. Hines, III
2. Pinkerton Services
a. License Holder – Mark B. Howell
b. Delaware Manager – Nicholas Re
3. The Wackenhut Corporation
a. License holder – Malcolm C. Burchett, Jr.
b. Delaware Manager – Thomas F. Pye
4. Tri-County Security, NJ
a. License Holder – Cheryl A. Chalow
b. Delaware Manager – Daniel E. Coe
Mr. Hill, with a second by Mr. Kemp, made a motion to accept E.1.-4. as presented for licensure renewal. The motion was carried.
F. Class B – Private Security Agency - New
1. Beau Security Inc.
a. License Holder – John W. Cutter
b. Delaware Manager – Michael Matarrese
Mr. Kemp, with a second by Mrs. McKenzie-Dantzler, made a motion to accept F.1. as presented for licensure. The motion was carried.
G. Class B – Private Security Agency - Changes
1. Crown Security System, Inc.
a. License Holder – Eugene Marshall
b. Delaware Manager – Eugene Marshall
Mr. Hill, with a second by Mr. Woods, made a motion to accept G.1. as presented for licensure changes. The motion was carried.
H. Class B – Private Security Agency - Resignations
1. Crown Security System, Inc.
a. License Holder – Joseph Sammartano
b. Delaware Manager – Joseph Sammartano
Ms. Anderson presented H.1. as informational purposes only, no vote necessary.
I. Class B – Private Security Agency – Name Change
1. Sanitors Services Inc.
a. ISS Security Services
Ms. Anderson informed the Board that Sanitors was asking for pre-approval of this name change to be effective at the October 2007 Board Meeting. They need to know that the name they wish to change to will be acceptable so that they may go ahead and have all the Rule 5.0 items made to be presented at the next meeting and be ready to utilize them right away.
Mr. Hill, with a second by Mr. Tupman, made a motion to tentatively accept I.1.a. as a name change, subject to a final vote at the October 2007 meeting. The motion was carried.
J. Class C – Private Investigative & Private Security Agency
New
1. Bayside Security Patrol Services, Inc.
a. License Holder – James F. Wilson, Sr.
Ms. Anderson refreshed the Board on the fact that Mr. Wilson as the License Holder for Diamond State Security Agency Inc., a licensee that had issues in 2004 and had resigned as the Board was in the process of revoking their license.
Mr. Wilson meets the criteria for a Class B License but not for the Class C License as he does not have the minimum required five (5) years of investigative experience. Mr. Wilson only provided a resume and not written proof of his actual experience as provided by an employer.
Sgt. Simpson read to the Board the list of experience that was provided in the resume. It was sketchy at best, including employment with ADT Security Services, Chesapeake Security & Investigative Services, and the defunct Lackawanna Detective Agency (Mr. Hetherton has deceased).
After a lengthy question and answer discussion, Mr. Tupman, with a second by Mr. Kemp, made a motion to deny the application for J.1. as presented for a Class C Licensure based on insufficiency of proof, subject to reapplication with the proper proof of experience. The motion was carried.
Mr. Wilson inquired if he could apply for a Class B License at this time. The Board inquired as to whether he had all the proper paperwork on file. Ms. Anderson informed the Board that all criteria has been met and all paperwork is in order and that he could apply at this time, if the Board so pleased.
Mr. Tupman, with a second by Mr. Wilson, made a motion to accept J.1. for a Class B licensure. The motion was carried.
K. Address & Phone Number Changes
1. Factual Photo, Inc.
a. Delaware Address & Phone Number
2. SFI-Whelan, LLC
a. Delaware Address & Phone Number
Ms. Anderson presented K.1.-2. as informational purposes only, no vote necessary.
L. Rule 5.0 – Uniforms, Patches, Badges, Seals, Vehicular
Markings
1. Alpha Investigations and Security Consulting LLC
a. Business Card
2. Bayside Security Patrol Services, Inc.
a. Uniform, Patch, Badges (3), Vehicle Markings, Letterhead & Envelope
3. Beau Security Inc.
a. Uniform (Soft), ID Badges, Business Card, Letterhead, & Brochures
4. Burton Enterprises, LLC
a. Business Card
5. Factual Photo, Inc.
a. Business Card, Letterhead, Envelope, & Brochure
6. Ritch Investigative Resources, Inc.
a. Newspaper Ads (3)
7. Tactical Protection Group
a. Patch, Badge, Uniform, Business Card & Letterhead
Mr. Wilson, with a second by Mrs. McKenzie-Dantzler, made a motion to accept L.1.-7. as presented for approval. The motion was carried.
M. Certified Instructors
1. Stanley D. Sturgill
a. Firearms
Mr. Woods, with a second by Mr. Wilson, made a motion to accept M.1. as a Board approved certified firearms instructor. The motion was carried.
V. Old Business
A. Legislation Issues
Ms. Anderson refreshed the Board as to the two items that were presented to the Legislators for amendment to Title 24 Chapter 13. These items were not on the agenda the last night of session and therefore did not pass in the Senate, although they had passed in the House. They will be re-introduced to the Senate when they reconvene in January 2008.
Mr. Hill inquired as to the status of the Computer Forensics amendment. Ms. Anderson spoke with Rep. Schwartzkopf about this matter and he, in turn, spoke with Major Hughes, and both were not very happy with how this had gone about at the last Legislative Session. Rep. Schwartzkopf asked that the Board get him the amendment and he would move forward with it in January 2008 when the General Assembly re-convenes. The Board has tasked Mr. Durstein to be in contact with Rep. Schwartzkopf on this matter.