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.

  1. 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.

  1. 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

  1. 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

  1. 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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