MINUTES
BOARD OF EXAMINERS
OF PRIVATE INVESTIGATORS
AND PRIVATE SECURITY AGENCIES
HEARINGS
TUESDAY
APRIL 15, 2014
1:00 P.M.
TATNALL BUILDING
150 MARTIN L. KING, JR. BOULEVARD SOUTH
ROOM 113
DOVER, DE
I. Call to Order
Lt. Colonel Hudson called the hearings to order at 1302 hours. The meeting was recorded and the Licensing Specialist of the Professional Licensing Section will maintain the recording.
Ms. Anderson introduced Lt. Colonel Monroe Hudson replacing retired Lt. Colonel Paige. In the transition of DAG Tupman retiring, DAG Rae Mims is sitting in on all the Board meetings. Ms. Anderson asked that everyone introduce themselves for the new individuals.
Board of Examiners members present:
Lt. Colonel Monroe B. Hudson, Jr.
Timothy P. Mullaney, Sr., Esquire
Mrs. Sandra C. Taylor
Mrs. Heather M. Shupe
Mr. Wayne A. Keller
Ms. Kelly R. Jansen
Mr. Michael D. Connelly
Mr. Harvey A. Woods, III
Board of Examiners members absent:
William G. Bush, IV, Esquire
Staff members present:
W. Michael Tupman, Esquire
Rae Mims, Esquire
Lt. Eric L. Hamm – Professional Licensing
Sgt. Jeffrey C. Whitmarsh, II – Professional Licensing
Ms. Peggy L. Anderson – Professional Licensing
Mrs. Lisa M. Trolinder – Professional Licensing
Others present:
Mr. Wayne Bailey
Mr. Ervin Neal
Mr. Posie Swanson
Mr. Edward A. Wright
II. Review and Acceptance of Minutes from Previous Hearings
A. October 22, 2013
Mr. Woods, with a second by Mr. Connelly, made a motion to accept the minutes from October 22, 2013 as presented. The motion was carried.
B. January 9, 2014
Mrs. Taylor, with a second by Mr. Woods, made a motion to accept the minutes from January 9, 2014 as presented. The motion was carried.
III. Appeal Hearings & Actions
Ms. Anderson will be the facilitator of all actions taken today and the Board members will have the opportunity to ask questions of the individuals. There will be discussion and then the voting of the status of the ID card/license in question.
A. Requested Hearings
1. Wayne S. Bailey
Ms. Anderson presented the background on Mr. Bailey as follows:
Ø Processed on 12/02/13 re-application for armed SG - Denied
Ø Marked NO for arrest/fingerprints:
Ø DE CHRI revealed:
o 03/02/00 – receiving stolen property under $1000– misdemeanor – fine $100 guilty
§ Report available
§ Given license under old administration
Mr. Bailey’s history was reviewed by the Board and was asked how old he was at the time of the incident. Mr. Bailey was 18 years old – an adult. It was something stupid that he had done right out of high school.
Mr. Tupman explained that the Board did not have any discretion on this charge and were bound by the law to uphold the denial.
Ms. Jansen explained the pardon process and gave him her direct number to assist him in the process.
Lt. Colonel Hudson asked if the pardon process was given with the denial letter. It is not at this time. It is requested that it be sent with all denial letters from now on.
3. Ervin L. Neal
Ms. Anderson presented the background on Mr. Neal as follows:
Ø Processed on 02/10/14 application for unarmed SG – Denied
Ø Marked YES for arrest/fingerprints
o 2012 for offensive touching now and currently on probation
Ø DE CHRI report revealed:
o 04/05/12 – possess consume controlled substance – guilty
§ Report available
o 05/21/05 – possession of drug paraphernalia & possess, use, consume controlled substance – guilty
§ Report available
In reference to the April 2012 charge, Mr. Neal explained that he had lost his son and started experimenting with drugs and had become homeless and has many regrets about this. He is on the right path and is hoping this job will help him with this situation.
The May 2005 charge is that he was the only person in a vehicle that was not his. He subsequently plead guilty.
When asked if Mr. Neal is on probation, he stated that he is for offensive touching, domestic related, towards his girlfriends’ son. The son said that he had pushed him when he didn’t. Again, Mr. Neal plead guilty to the charge.
Mr. Tupman explained to Mr. Neal that, unfortunately, the Board is bound by law to uphold the denial. A pardon can be sought but only after he is off probation.
6. Posie H. Swanson
Ms. Anderson presented the background on Mr. Swanson as follows:
Ø Processed on 12/17/13 re-application for unarmed SG – Denied
Ø Marked NO for arrest/fingerprints
Ø DE CHRI report revealed:
o 07/10/84 – theft – fine $100 guilty
§ AG’s Office complaint number – no report available
§ Given license under old administration
Mr. Swanson thanked everyone for giving him the opportunity to speak to them. In 1982 he worked for an auto company that made GM engines and when work slacked he was laid off and was on unemployment. He received four checks too many from the unemployment office. He was never laid off again. He was on a 60 day payment plan and paid $700 back in 3-4 weeks.
In 2004 he applied for a security guard license and was told by the officer at Troop 2 about the charge. He has been working in security for 11 years. Admiral security is pleased with his work. In 2008 he received his New Jersey license with no problems. Mr. Swanson is hoping to get the denial reversed as it is the only way to keep his house, car, food on the table, etc.
In 2010-2011 he asked not to be assigned to work in New Jersey as it is too far for him to travel. Admiral is waiting on the decision for his placement. He is currently working for Admiral as a security guard at Delmarva Power – without a license.
Mr. Connelly asked him if Admiral found work in New Jersey would he be willing to go back there. Mr. Swanson stated he preferred not to, but if he had to that would have to be the way to go to keep working. He did not want to travel across the bridge to go to work.
Mr. Tupman explained that the Board was bound by law to uphold the denial.
Ms. Jansen offered to help Mr. Swanson with his pardon packet.
Mr. Wayne Kane is the Vice-President of Admiral and he is the one that had Mr. Swanson working without a license. The roster for Admiral is to be checked for Mr. Swanson’s name. Sgt. Whitmarsh is to contact Admiral Security and correct this issue.
8. Edward A. Wright
Ms. Anderson presented the background on Mr. Wright as follows:
Ø Processed on 02/07/14 re-application for unarmed SG – Denied
Ø Marked NO for arrest/fingerprints
Ø DE CHRI report revealed:
o 09/26/78 – theft shoplifting – fine $36 guilty
§ Report not on film
Ms. Anderson advised the Board that shoplifting is a moral turpitude charge and the theft charge is in the law.
Mr. Wright explained that he had taken a bag of peanuts in 1978.
Mr. Mullaney, with a second by Mr. Connelly, made a motion to grant Mr. Wright his security ID card. The motion was carried.
2. Denise M. Miller
Since Ms. Miller did not show for the hearing that she requested, Mr. Mullaney, with a second by Mrs. Shupe, made a motion to uphold the denial. The motion was carried.
4. Jerome M. Pritchett
Mr. Pritchett did not show for the hearing that he requested but Ms. Anderson felt that his circumstances should be discussed and presented the background on Mr. Pritchett as follows;
Ø Processed on 01/06/14 application for unarmed SG – Denied
Ø Marked YES for arrest/fingerprints
o The reason being was for a concealed carry permit
Ø FBI report revealed:
o 01/27/11 – wrongful use of opiates (oxymorphone)
o US Army Quantico, VA
o Honorable Discharge – completion of required active service on 10/10/13
Disposition was provided this morning and it states “other - no action taken.” After discussion, it was determined that this was a non-criminal charge and is compared to a diversion or PBJ. Mr. Tupman stated that Professional Licensing could administratively approve Mr. Pritchett’s ID card.
5. Cynthia M. Simpson
Ms. Anderson explained that she had received a voice-mail message left at 0745 this morning from Ms. Simpson stating she had a family emergency last night and did not have a car to use today. She requested that her hearing be continued.
Mr. Woods, with a second by Mr. Connelly, made a motion to grant a continuance to the April 29, 2014 Board Meeting. The motion was carried.
7. Patricia A. Thomas
Ms. Anderson stated that on April 7, 2014, Ms. Thomas called to cancel her hearing request that she was having knee surgery in two days. At that time it was requested that she send something to Professional Licensing in writing of her decision. This was never received. Ms. Anderson subsequently presented the background on Ms. Thomas as follows:
· 04/07/14 – called to cancel her hearing request
Ø Processed on 11/27/13 application for unarmed guard – Denied
Ø Marked NO for arrest/fingerprints
Ø DE CHRI report revealed:
o 12/03/02 – shoplifting under $1,000 – fine $300 guilty
§ Moral turpitude
§ Report available
o 04/13/01 – shoplifting under $1000 – guilty
§ Moral turpitude
§ Report available
o 04/08/97 – shoplifting under $1000 – fine $150 guilty
§ Moral turpitude
§ Report available
o 04/23/93 – shoplifting under $500 – fine $50 guilty
§ Moral turpitude
§ Report available
o 08/28/91 – shoplifting under $500 – fine $50 guilty
§ Moral turpitude
§ Report available
o 01/08/86 – criminal impersonation – no dispo
§ Moral turpitude
§ Report available
o 05/05/82 – falsely report incident – no dispo
§ Moral turpitude
§ Report available
o 02/04/82 – receiving stolen property; criminal impersonation; unlawful use of credit card under $1000 – all guilty
§ Moral turpitude for criminal impersonation
§ Report available
o 01/27/82 – shoplifting – fine $300 guilty
§ Moral turpitude
§ Report available
o 01/17/81 – burglary & theft – both pending
§ Report available
o 09/07/78 – shoplifting – fine $65.50 guilty
§ Moral turpitude
§ Unable to locate report
o 10/22/77 – theft – guilty
§ Report available
Mr. Connelly, with a second by Mr. Woods, made a motion to uphold the denial of Ms. Thomas’ security guard ID card. The motion was carried.
B. Notice of Intent to Suspend
1. Brandon S. Davis
Ms. Anderson presented the facts that Mr. Davis was sent certified notification of the intent to suspend his security guard ID card. He did not request a hearing. Subsequently, Ms. Anderson presented the background on Mr. Davis as follows:
Ø Processed on 11/18/13 re-application for unarmed SG
Ø Arrested on 03/09/14 – criminal impersonation of a police officer
Ø 03/11/14 - newspaper article in DSN told story of Mr. Davis impersonating a WPD officer at T-3 when asked for identification he showed the desk Sergeant a WPD badge and his security guard ID card
Ø 03/18/14 – called to state he forgot to inform this office of his arrest, but he wanted to let us know now – after receiving the notice of intent to suspend
Mr. Mullaney, with a second by Mr. Woods, made a motion to issue an emergency suspension effective today. The motion was carried.
C. Notice of Intent to Revoke
1. Anthony L. Adams
Ms. Anderson asked the Board to review the timeline on Mr. Adams and stated that he did not request a hearing.
Mr. Connelly, with a second by Mrs. Shupe, made a motion to revoke Mr. Adams’ ID card. The motion was carried.
2. Paul W. Hebert, III
Ms. Anderson asked the Board to review the timeline on Mr. Hebert and stated that he did not request a hearing.
Mrs. Taylor, with a second by Mr. Woods, made a motion to revoke Mr. Hebert’s ID card. The motion was carried.
IV. Adjournment
A. Next Meeting
1. Tuesday, April 29, 2014 @ 10:00am
DGE Conference Room
Mr. Connelly, with a second by Mr. Woods, made a motion to adjourn the hearings. The motion was carried. The hearings were adjourned at 1403 hours.
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