MINUTES

BOARD OF EXAMINERS

BAIL ENFORCEMENT AGENTS

MEETING

THURSDAY

FEBRUARY 28, 2013

10:00 A.M.

TATNALL BUILDING

ROOM 112

I.  Call To Order

Major Zebley introduced herself to the Board as the new Chair of the Board of Examiners of Bail Enforcement Agents. The Board members, in turn, introduced themselves.

Major Zebley called the meeting to order at 1005 hours and subsequently turned the meeting over to Ms. Anderson. The meeting is being recorded and the Licensing Specialist of the Professional Licensing Section will maintain the records. The following members of the Board of Examiners were in attendance:

Major Melissa A. Zebley

Director John Yeomans

Ms. Robin David

Mrs. Jennifer Esposito

Rebecca L. Byrd, Esquire

Mr. R. Dale Hamilton

Mr. J. Russell Dean

Mrs. Brunilda Luna-Mercado @ 1016

Mr. Kevin C. Jones

The following individuals were also in attendance:

Thomas H. Ellis, Esquire

Ms. Peggy L. Anderson – Professional Licensing

Mrs. Lisa M. Trolinder – Professional Licensing

Mr. Jack McGhee

Ms. Ilene Slatko @ 1016

II. Review and Acceptance of Minutes

A. November 27, 2012

Ms. David, with a second by Ms. Byrd, made a motion to accept the minutes as presented. The motion was carried.


III. Appeals & Actions

A.  Edward W. Hom

Ms. Anderson presented the facts of the case with regards to Mr. Hom as follows:

Ø  08/24/12 – Issued notice of Emergency Suspension with the right to a hearing

Ø  09/01/12 – Deadline for hearing request – received none

Ø  11/27/12 – Board voted to continue the Emergency Suspension

Ø  02/06/13 – Guilty of Felony charges from NJ

Mr. Hamilton, with a second by Mr. Jones, made a motion to revoke the BEA license/ID card/badge #357 for Mr. Hom. The motion was carried.

IV. Old Business

A.  Initial Classroom Training

Ms. Anderson informed the Board that the flier is on the DSP website for the April 3, 2013 class. The fee for this class will be $89. The August class will be a higher fee and individuals can register on-line through the DTCC website.

B. Continuing Education

The first class for the continuing education was held on January 23, 2013 with 17 people in attendance. There was a lot of positive feedback from those in attendance.

The scheduled for the next 4 classes are:

o  Wednesday, March 27 – Terry – 8:30 – 4:30

o  Wednesday, June 26 & Thursday, June 27 – Stanton – 5:00 – 9:00

o  Saturday, September 14 – Terry – 8:30 – 4:30

o  Wednesday, November 20 – Stanton – 8:30 – 4:30

The continuing education flier has been sent out to the industry and will continue to be sent out before each class.

C. Internships

D. Field Training Agents (FTA)

E. Sponsors

Ms. Anderson has asked the sub-committee, Ms. Byrd, Mr. Hamilton and Mrs. Luna-Mercado to bring their calendars today so that a date can be scheduled to discuss these issues.


F. Drug Screening

Mrs. Anderson had asked everyone at the last meeting to take home the information for the drug screening that Mrs. Esposito had researched.

Mrs. Esposito presented Exhibit A as a possible rule for the drug testing/screening.

In regards to rule 4.6 and the requirement for drug screening for certification and re-certification, this will stay as is, requiring yearly drug screening for those that wish to carry a firearm.

The same applies to Rule 12.0 under the prohibited acts – this will remain the same.

This new drug testing rule will be Rule 13.0, when finalized.

Ms. Anderson asked for DAG Ellis for his approval of the rule wording, if he has anything that should be changed he will send it to Professional Licensing.

After discussion, Ms. Byrd, with a second by Mrs. Esposito, made a motion to start the adoption procedures for Exhibit A to be a new rule as presented with any necessary grammatical changes or any by DAG Ellis. The motion was carried.

G. Education for Law Enforcement & Courts

There was no discussion regarding this issue – discussed at the last meeting.

V. New Business

A. Certified Instructors

1. Handgun/Shotgun – Resignations/Non-Renewals

a. Ramiro Gonzalez, Jr. – Handgun/Shotgun – Approve

b. David C. Hutchins – Handgun/Shotgun – Approve

Mr. Hamilton, with a second by Mr. Jones, made a motion to approve V.A.1.a. & b. as presented. The motion was carried.

2. Baton/Mace/handcuff - FYI

a. Brian J. Bucher – Remove to Add

b. David Graham – Add to Remove

Ms. Anderson presented V.A.2.a. & b. as amended as FYI to the Board. No vote necessary.


B. Professional Licensing Comments

Rule 4.0 Firearms Policy:

Ms. Anderson presented to the Board the issue with regards to the use of shotguns that was discussed at the last meeting.

After lengthy discussion, it was determined that the Board would adopt a new rule regarding the use of shotguns and they would be the deciding factor as to whether the permission is given to the initial request. The wording will be a combination from the former rule and the one that the Board of Examiners of Private Investigators & Private Security Agencies uses. The Professional Licensing Section would maintain the records for re-qualifications. The Board asked that Mr. Yeomans and Mr. Kracyla offer their advice in regards to the security of a firearm in vehicles.

This rule will presented at the next Board meeting.

Rule 2.0 Badges, Patches, Advertisements:

Ms. Anderson refreshed the Board that at the last meeting there was discussion regarding making it mandatory that everyone wear something that is identifiable when working.

Ms. Anderson directed the Board to Exhibit B – a letter from Mr. Muckelroy regarding the use of lights/markings on vehicles. If the BEA’s call in and report where they are going, the issue of the vehicle should not be a problem. Ms. Byrd stated that the rule does not prohibit anyone from marking their vehicle with a sign – window or magnetic. If someone wants to mark their car, it must be approved by the Board first. There is not prohibition to vehicle markings.

Ms. Anderson has been tasked to come up with wording for a rule regarding the use of wording on shirts, vests, coats, etc. for identification purposes. Suggestions were: bullet proof vest mandatory, back mandatory, badge on the front, 4” standard size, etc. and use Bail Enforcement Agent in some form of wording. BEA cannot be used as it is too close to DEA and could be misleading.

Ms. Anderson will compose the rule and present to DAG Ellis for his wording approval and then will be discussed at the next meeting.

Mrs. Anderson presented photos of a shirt/utility belt/etc. to be worn by Michael Pearce, Badge #150 for approval by the Board.

Mrs. Luna-Mercado, with a second by Mr. Jones, made a motion to approve the items in the photos to be used by Mr. Pearce. The motion was carried.


Training Book:

Mr. Jack McGhee presented training books to the Board members for their review. Mr. McGhee has recently been approved to instruct the initial classroom training by DTCC. He wants to use this book as part of his training. It was suggested that a link to the law and the rules & regulations be included in the glossary.

D. Board Member’s Comments

The Board members did not have any further comments at this time.

E. Major’s Comments

Major Zebley thanked everyone for their time today and that it has been very informative for her and is looking forward to working with everyone on the Board.

VI. Adjournment

A. Schedule Next Meeting

1. Thursday, May 30, 2013 @ 10:00am

Mrs. Luna-Mercado, with a second by Mr. Dean, made a motion to adjourn the meeting. The motion was carried. The meeting adjourned at 1050 hours.

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