AGENDA
BOARD OF EXAMINERS
OF CONSTABLES
MEETING
THURSDAY
MAY 23, 2013
10:00 A.M.
TATNALLBUILDING
ROOM 112
DOVER, DE
I.Call to Order
Lieutenant Colonel James Paige called the meeting to order at 0958 hours. The meeting was 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:
Lieutenant Colonel James Paige
Captain Ruben Martinez – Proxy for Colonel Elmer M. Setting
Chief William E. Bryson
Mr. John F. Tharan
The following members of the Board or Examiners were absent:
Ralph K. Durstein, III, Esquire
The following staff members were in attendance:
Lieutenant Bruce E. Von Goerres
Sergeant Jeffrey C. Whitmarsh, II
Ms. Peggy L. Anderson
Mrs. Lisa M. Trolinder
The following staff members were absent:
W. Michael Tupman, Esquire
The following individuals were also in attendance:
Mr. Al Mollica
Mr. Frank Galbraith
Mr. Alan Ellingsworth
Mr. Sam Golder
Mr. Radford Garrison
Mr. Peter Uhey
Ms. Amy Nicholson
II.Review and Acceptance of Minutes
A.February 14, 2013 – Special Meeting
Chief Bryson, with a second by Mr. Tharan, made a motion to accept the minutes as presented. The motion was carried.
III.Commission Renewals
Ms. Anderson presented the following commissionsfor renewal with all criminal history records checked, including FBI records; driver's licenses checked; and wanted persons file checked. Everyone has all necessary information in order.
- BayHealthMedicalCenter Constables
1.Ronald D. Bartlett
2.John R. Bibby
3.Radford J. Garrison
4.Jerard L. Gayles
5.Doyle B. Horsley
6.Terry L. Kauffman
7.Susan J. Kline
8.Kevin M. MacFarland
9.Rubon D. May
10.Jose R. Mendez
11.Adam J. Popper
12.Vasile M. Rus
13.Orlando E. Short, Jr.
14.William C. Thomas
15.Dennis B. Thompson
16.Peter D. Uhey
17.Zelda M. Visoria
18.Nathan R. Whitecomb
FYI
A.13.Orlando E. Short, Jr.
Traffic (cell phone use) – $50.00 – 07/02/12
Mr. Tharan, with a second by Chief Bryson, made a motion to approve A.1.-18. as presented for commission renewals with notations. The motion was carried.
B.Christiana Care Health System
1.William P. Babby, 3rd
2.Shaun J. Baldasano
3.Jeffrey D. Bannon
4.Michelle E. Barksdale
5.Allen J. Becker
6.George R. Bell
7.Bruce T. Blackburn
8.Dangnalis D. Borglin
9.Leroy E. Bryant, II
10.Michael P. Capodanno, Jr.
11.Julio E. Cardenas
12.John N. Colicchio
13.Ray E. Collins
14.Garrick G. Cornish
15.Gavan P. Crawford
16.Christopher Crespo
17.Edward S. Davis, Jr.
18.Henry J. Dawson
19.George R. Deem, Jr.
20.Joseph A. Dempsey
21.Vincent J. De Rocili, Sr.
22.Paul J. DiGuglielmo
23.Michael D. DiOssi, Sr.
24.Matthew A. Drake
25.Richard W. Gerard
26.Jason P. Graham
27.Winston E. Guthrie
28.Yasinia Guzman-Ortiz
29.Brian J. Heath
30.David Hernandez
31.Clayton W. Hewes, III
32.Christopher R. Houpt
33.Jeffrey W. Hoyle
34.Patrick N. Kinney
35.Curtis J. Knott
36.Erica P. Langston
37.Michael J. Lawson
38.Gary P. Lennon
39.Sean F. Lennon
40.Michael T. Marine
41.Michael W. Messick
42.Gerard E. Murray, Jr.
43.Michael D. Norton
44.Crucito Ortiz
45.Clyde R. Painter
46.David A. Parker
47.David C. Polk
48.Gregory A. Price, Sr.
49.Joseph T. Regis
50.Elijah C. Richardson
51.Michael S. Robinson
52.Michael W. Rodick, Sr.
53.Jeffrey R. Runkle
54.Joseph L. Sammons, Sr.
55.William W. Sheats, Jr.
56.Josephine M. Sheridan
57.Joseph J. Smigielski
58.Mark T. Sutor
59.Francis E. Szczerba
60.Mallory E. Tessein
61.Christopher K. Tjaden
62.Angelo P. Trapani
63.Robert E. Trzonkowski
64.Daniel T. Tucker, Jr.
65.Jared G. Turner
66.Robert Vagonis
67.David J. Valimont
68.Lauren N. Verfaillie
FYI
B.2.Shaun J. Baldasano
Traffic (following too close) - $25.00 – 11/14/12
B.5.Allen J. Becker
Offensive Touching – Dismissed with out Prejudice – 05/28/12
B.8.Dangnalis D. Borglin
Traffic (speeding excess 25 mph) - $20.00 – 08/11/12
B.11.Julio E. Cardenas (Exhibit B.11.)
Breach of Release & Harassment – NP – 03/04/13
Malicious Interference with Emergency Personnel – NP – 02/01/13
Harassment – probation – 02/01/13
B.14.Garrick G. Cornish
Traffic (Speeding) – 09/19/12 – MD
Found on driver’s license
There was discussion regarding B.11. and his probation for the harassment charge. It was determined that this would not affect his commission. Christiana Care has requested that his commission be renewed.
Mr. Tharan, with a second by Chief Bryson, made a motion to approve B.1.-68. as presented for commission renewals with notations. The motion was carried.
C.DelawareTech.Comm.College
1.Joseph E. Berg, Jr.
2.Mark J. Christopher
3.John E. Davison
4.Richard E. Dennis
5.Alfonzo Dowe, Sr.
6.Robert H. Emory, III
7.Joseph T. Fitzgerald, III
8.Terry E. Henderson
9.Brian G. Henry, Sr.
10.Daniel H. Horsey, Jr.
11.Joseph P. Lavelle
12.David F. MacDonald
13.J. Larry Mitchell, Jr.
14.H. BurtonMurray
15.Joseph S. Myers
16.Benjamin L. Nefosky
17.Robert Peaco
18.Keith D. Rowe
19.John A. Schaible, III
20.Timothy J. Sullivan
21.George W. Towson, Sr.
22.William A. Wilson, II
23.Willard C. Wood
24.Gary L. Worthy, II
FYI
C.11.Joseph P. Lavelle
Traffic (Civil Red Light) - $75.00 – 12/28/12
Lt. Colonel Paige, with a second by Chief Bryson, made a motion to approve C.1.-24. as presented for commission renewals with notations. The motion was carried.
D.Dover Downs Inc.
1.H. Lee Ford
Chief Bryson, with a second by Mr. Tharan, made a motion to approve D.1. as presented for commission renewal. The motion was carried.
E.Dover International Speedway
1.Kenneth N. Rhodes
Lt. Colonel Paige, with a second by Chief Bryson, made a motion to approveE.1as presented for commission renewal. The motion was carried.
F.Recovery Innovations, Inc.
1.Gus B. Economides
2.Michael A. Fontello, Sr.
3.Kevin J. Smith
4.David L. Wilkes
5.Edward J. Wilkowski
6.Robert B. Workman
FYI
F.3.Kevin J. Smith
DNREC violation (Dog not permitted to run at large) – 09/03/12
F.4.David L. Wilkes
Traffic (Improper License Plate Tint & Speeding) – $100.00 & $30.00 – 04/01/13
Chief Bryson, with a second by Mr. Tharan, made a motion to approveF.1.-6. as presented for commission renewals with notations. The motion was carried.
G.SussexCounty Council
1.Leonard J. Sekscinski
2.Dino A. Velli
FYI
G.1.Leonard J. Sekscinski
Traffic (failure to have insurance; fictitious or cancelled registration; expired tags) – pending – 04/11/13
Capt. Martinez, with a second by Mr. Tharan, made a motion to approve G.1.-2. as presented for commission renewals with notations. The motion was carried.
H.TowerHillSchool
Tower Hill does not have any commissions to renew at this time. This is for informational purposes only. No vote necessary.
I.University of Delaware Public Safety
1.Dennis A. Anderson, Jr.
2.Donna M. Simpson
Lt. Colonel Paige, with a second by Chief Bryson, made a motion to approve I.1.-2. as presented for commission renewals. The motion was carried.
J.WilmingtonUniversity
1.Dennis L. Craighton
2.Mark Daniels
3.Richard H. Davolos
4.Edward A. DiSabatino
5.Stephen J. Duncan
6.Sean J. Finn
7.Claudine Malone
8.Michael L. Nolan, Sr.
9.Thomas S. Williams
Mr. Tharan, with a second by Capt. Martinez, made a motion to approve J.1.-9. as presented for commission renewals. The motion was carried.
IV.New Commissions
Ms. Anderson presented the following new commissions for approval. They have met the requirements and have provided the proper documents to the Professional Licensing Section.
- A.I.DuPontHospital for Children (Exhibit A)
Ms. Anderson directed the Board to review Exhibit A and presented Mr. Ellingsworth to speak on behalf of A.I.DuPontHospital for Children.
Mr. Ellingsworth spoke in reference as to why they would like to have constable commissions. The hospital is expanding and when completed will have a screening area where individuals will go through a metal detector and this is where the constables would mainly be stationed.
Chief Bryson, with a second by Mr. Tharan, made a motion to grantA.A.I.DuPontHospital for Children constable positions. The motion was carried.
A.1.Fred J. DeCusatis
A.2.Alan D. Ellingsworth
A.3.Freddie McMillan
A.4.Kenneth J. Suchocki, Sr.
FYI
A.1.Fred J. DeCusatis
Pending MMPI/PAI
A.2.Alan D. Ellingsworth
Pending MMPI/PAI
A.3.Freddie McMillan
Traffic Charges
Pending MMPI/PAI
A.4.Kenneth J. Suchocki, Sr.
Pending MMPI/PAI
Capt. Martinez, with a second by Mr. Tharan, made a motion to approve A.1.-4. as presented for new commissions pending they provide the Professional Licensing Section with favorable MMPI/PAI evaluations. The motion was carried.
B.BayHealthMedicalCenter Constables
1.Donald D. Archer
FYI
B.1.Donald D. Archer
Previously employed by BayHealth
Resignation notice on 05/21/12
No CHRI – Driving record since leaving in 2012
Lt. Colonel Paige, with a second by Chief Bryson, made a motion to approve B.1.as presented for new commission. The motion was carried.
C.Christiana Care Health System
1.William M. Anderson, Jr.
2.John C. Dale, Sr.
3.Bernard R. Donovan
4.Alfred G. Filippone, Jr.
5.Randy J. Melnick
6.Kenneth W. Taylor
7.James R. Willauer
8.Nicholas A. Yacabell
FYI
C.1.William M. Anderson, Jr. (Exhibit C.1.)
Traffic Charges
PAI/NEO-PI-R – Mild to Moderate Concerns
C.3.Bernard R. Donovan
Test – Retired MSP
C.5.Randy J. Melnick
Could not find driving record
NJ by number
NJ by name
DE by name
C.8.Nicholas A. Yacabell (Exhibit C.8.)
Traffic Charges
PAI/NEO-PI-R – Mild Concerns
Chief Bryson, with a second by Capt. Martinez, made a motion to approve C.1.-8. as presented for new commissions. The exceptions are pending C.3. provides Professional Licensing with a passing test score and C.5. provides information for a clear driving record. The motion with the pending exceptions was approved.
D.Delaware SPCA (Exhibit B)
Ms. Anderson directed to Board to review Exhibit B, the request for the Delaware SPCA to have constable commissions.
Mr. Mollica stated that they would like to have two officers, one in New CastleCounty and one in SussexCounty.
There was discussion as to whether they actually could have the positions due to already having arrest powers. Mr. Mollica stated that they are not C.O.P.T. certified. It was recommended that DAG Tupman review this matter and give his legal opinion.
Lt. Colonel Paige, with a second by Mr. Tharan, made a motion to grant D.Delaware SPCA constable positions pending legal review that this request falls within the legal parameters of the law. The motion was carried. Capt. Martinez abstained.
D.1.Frank J. Galbraith
FYI
D.1.Frank J. Galbraith
Class/Test
MMPI/PAI
Mr. Galbraith stated that he came from Pennsylvania law enforcement. With this experience, he only needs take the test and not the whole class.
Mr. Tharan, with a second by Chief Bryson, made a motion to approve D.1. as presented for new commission pending he pass the constable test and provides Professional Licensing Section with a favorable MMPI/PAI. The motion was carried. Capt. Martinez abstained.
E.DelawareTech.Comm.College
1.W. Scott McLaren
Capt. Martinez, with a second by Chief Bryson, made a motion to approve E.1. as presented for new commission. The motion was carried.
F.Recovery Innovations, Inc.
1.Edwin R. Boulware
2.Michael T. Murray
FYI
F.1.Edwin R. Boulware
Previous Constable w/CCHS
All charges discussed previously
Chief Bryson, with a second by Mr. Tharan, made a motion to approve F.1.-2. as presented for new commissions with notations. The motion was carried.
G.RedClayConsolidated School District Department of Public Safety (Exhibit C)
Ms. Anderson directed the Board to review Exhibit C, a letter from RedClayConsolidatedSchool District requesting constable positions.
Mr. Golder is here to answer any questions from the Board.
Chief Bryson, with a second by Lt. Colonel Paige, made motion to grant G. Red Clay Consolidated School District Department of Public Safety constable positions. The motion was carried.
1.Brian N. Moore
FYI
G.1.Brian N. Moore
Currently Auxiliary Police Officer with Baltimore County Police Department – 2009
Traffic Charges (Speeding – 3 & Unregistered MV) – 1991, 1994, 2001, & 2003
After discussion that if a Baltimore County Auxiliary Police Officer is considered active and equivalent to C.O.P.T., it was determined that DAG Tupman would need to review this situation also.
Lt. Colonel Paige, with a second by Mr. Tharan, made a motion to approve G.1. as presented for constable commission pending DAG Tupman;s legal review and opinion. The motion was carried.
Sgt. Whitmarsh spoke that if this would hinder Mr. Moore from obtaining the commission, he is willing to resign from the Auxiliary Police.
Lt Colonel Paige rescinded his motion.
Lt. Colonel Paige, with a second by Capt. Martinez, made a motion to approve G.1. as presented for constable commission pending that either DAG Tupman advises that he is not law enforcement or he resigns from BaltimoreCountyPD and that the Professional Licensing Section receives a passing test score. The motion was carried.
H.TowerHillSchool
1.Stephen M. Van Vechten
Ms. Anderson explained that Mr. Van Vechten does not have the law enforcement background and therefore must take the class. This class should be offered in the fall and there will be a special meeting to approve those individuals taking the class.
Item H.1. is tabled until after the class.
I.WilmingtonUniversity
1.Christopher D. Foraker
Capt. Martinez, with a second by Chief Bryson, made a motion to approve I.1. as presented for new commission. The motion was carried.
V.Resignations/Terminations/Issues
- BayHealthMedicalCenter Constables
1.William D. Dilling
2.Robert J. Rogers
B.Christiana Care Health System
1.Sean M. McHale
C.DelawareTech.Comm.College
1.Stanley N. Fletcher
2.Christopher J. Houlday
D.Recovery Innovations, Inc.
1.Richard C. White, Jr.
Ms. Anderson presented V.A.1.-2., B.1., C.1.-2., & D.1.as informational purposes only. No action is necessary.
VI.Old Business
A.Law Amendments
Ms. Anderson stated that the law amendments are still a work in progress and will probably not go through this legislative session since it is the end of May and the current session ends June 30th.
- Exhibit D - Uniforms
Ms. Anderson had asked that the Board members take this home from the last meeting as food for thought. It is the issue regarding where the badge is worn – on the belt, on the chest, etc. The law states that the individuals must wear a badge that has the name of the agency and the word Constable on them.
A rule could be created as to where the badge is to be placed on the person. Another issue is the vehicle markings as many constables are using vehicles now.
The issue is that prompted the discussion is that the badge was being worn on the belt which looks too much like a detective or plain clothes officer. Professional Licensing will discuss the wording of a rule regarding this issue. DSP officers must wear their badge on their belt when carrying a weapon or not in uniform.
No other old business at this time.
VII.New Business
- Professional Licensing Comments
- TowerHillSchool
Tower Hill has presented a badge for approval. It not only has the agency name on it, it also has the name of the individual working.
Chief Bryson, with a second by Mr. Tharan, made a motion to approve the badge for TowerHillSchool as presented. The motion was carried.
- Rule 5.0 amendment
Ms. Anderson received an e-mail from Mark Daniels of WilmingtonUniversity asking about the use of shotguns/long guns for constables. Currently rule 5.0 states that no one is allowed to carry such weapons.
Sgt. Whitmarsh spoke that the same issue was discussed for bail enforcement agents and experts spoke at one of their Board meetings and it was determined that those individuals will not be permitted to carry these weapons.
Ms. Anderson informed the Board that the rule for security guards is that they may carry a shotgun during an elevated threat level, with permission from the Colonel for their agency to assign qualified individuals to carry them.
The BEA Board is going to discuss this issue again at the next meeting with regards to permitting the carrying of a shotgun on a case by case basis.
Lt. Colonel stated that since we are still researching the vagueness of the law with respect to their duties and responsibilities; let’s get that clear first before we look to the firearm issue. Everyone was in agreement.
Chief Bryson inquired as to where these weapons are going to be stored, i.e. in a vehicle, in a locked closet, etc.
- Firearms Instructors
Ms. Anderson spoke about the issue of the firearms instructors being approved by the Board and the fact that the PI & SG Board just voted to remove that approval and give it to the Professional Licensing Section with the idea that if there are issues with anyone, that individual will be brought before the Board for discussion.
Mr. Tharan, with a second by Lt. Colonel Paige, made a motion to remove the wording “Board” from Rule 5.10.3. and replace with “Professional Licensing Section”. The motion was carried.
- ID cards
Sgt. Whitmarsh informed the Board that ID cards will now be issued to all constables. Those that have been firearms certified will have an ID card stating such. This is what we are doing with the security guards also. We are trying to get all the industries to be across the board, when we can, when it comes to regulating them.
Ms. Anderson introduced Lt. Bruce Von Goerres as the new Lieutenant to the Professional Licensing Section.
B.Board Member’s Comments
There were no comments from the Board members at this time.
C.Lt. Colonel’s Comments
Lt. Colonel Paige did not have any comments at this time except to thank everyone for their attendance today.
VIII.Adjournment
A.Next Meetings
1.Special Meeting Fall 2013 @ 10:00am
1.May 2014 @ 10:00am
Ms. Anderson announced that there will be a special meeting in the fall to approve those individuals in the class that will hopefully be run in October. Ms. Anderson stated that the fall meeting will be in the DGE Conference Room.
Mr. Tharan, with a second by Chief Bryson, made a motion to adjourn the meeting. The motion was carried. The meeting was adjourned at 1104 hours.
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