September 2007 Volume 2, Issue 3

Transcription

1 State of Nevada Private Investigators Licensing Board September 2007 Volume 2, Issue 3 I hope everyone had a wonderful summer. It has been another busy quarter. We had the Board meeting in June, a special meeting in August, a work shop and an exam sub-committee meeting. Not to mention MAGIC, Hot August Nights and the Video Music Awards. There is so much growth within the industries regulated by this Board. I think that we have really beefed up our enforcement efforts and it certainly shows. I am looking forward to having a full enforcement staff as we round into the New Year. The Governor has appointed Lois Willis as our Las Vegas public Board member. She will officially begin her duties at our December Board meeting. Refer to page 4 for Sr. Investigator Botello s report. Inside this issue: Board Meeting Update 2 VMA MTV AWARDS REPORT FROM SR. IN- VESTIGATOR BOTELLO Metro s Corner Quarterly Stats 6-7 We re on Yellowpages.com 8 What makes something special is not just what you have to gain, but what you feel there is to lose. Andre Agassi Public Hearing to Adopt regulations We want your input Special points of interest: Work Card Fee Change VMA MTV AWARDS 9 Future meeting topics: Exam Re-write Sub-committee meeting (Carson City End of September) (Las Vegas mid-october) Public Hearing to adopt Proposed regulation changes December 5, 2007 Regularly scheduled Board meeting December 5, 2007

2 Volume 2, Issue 3 Page 2 News from August 30, 2007 Special Meeting The Board convened for a special meeting to hear unlicensed activity citation appeals. There were seven appeal hearings scheduled on the agenda. There was a request from one of the appellants to continue his appeal to the December meeting. One of the appeals was presented to the Board and continued to the September meeting pending further investigation. The Board upheld one Private Investigator citation and two Private Patrolman citations. Two citations were dismissed. The Board continued their election of the Chairman until the September meeting. Board member Gonzalez was asked not to participate in the voting for the Voice Stress Analysis presentation. This left the Board without a quorum which resulted in the item being continued to the September meeting. Workshop/Exam Sub-Committee News The Private Investigators Licensing Board held a workshop on proposed regulations. Two individuals from the industry appeared in the South, two individuals from the North and a representative from Washoe County Sheriff s office. There was discussion going back and forth as to whether or not NAC should be removed in its entirety or section 2 of NAC be repealed. There was discussion to increase the fees on violations that are currently assessed and to address charging fees for miscellaneous administrative costs. The Public Hearing on these proposed changes will be December 5, The exam sub-committee also met last month and will hold monthly meetings with the goal of submitting new Private Investigator and Private Patrolman exams questions to the Board at the regularly scheduled meeting on March 19, There will be a meeting of the Northern exam sub-committee later this month.

3 Volume 2, Issue 3 Page 3 MTV VMA 2007 STATISTICS (Palms Hotel & Casino, Las Vegas) The credentials of one hundred fourteen individuals providing security services (referred to as employees below) for this event were randomly examined. The results are listed below. Total Number of Employees Randomly Identified/Checked: 114 Number of Employees found to be sworn law enforcement officers: 01 Number of Employees working without County Work Cards: 20 Number of Employees working without Proof of Exam Cards: 102 Number of Employees Unarmed: 114 Number of Employees Armed: 0 Number of Violations issued to Licensees (No Work Card): 20 Unlicensed Body Guards Issued Unlicensed Activity Citations: 01 Off-Duty Police Officers working as Security Guards Issued Unlicensed Activity Citations: 01 Number of Unlicensed Security Consultants Issued Unlicensed Activity Citations: 07 Total Number of Unlicensed Activity Citations Issued: 09 SECURITY CONSULTANTS / WORK CARDS Security Consultant defined (NRS ): A person licensed as a private patrolman or private investigator who engages in the business of furnishing advice on the proper methods and equipment for providing security and protection for persons and property. Per NRS an unlicensed person who performs a single act for which a license is required has engaged in the business for which the license is required and, unless exempt from licensing, has violated NRS License or Work Card Required (NRS ): 1. No person may: (a) Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant, or polygraphic examiner or intern; or (b) Advertise his business as such, irrespective of the name or title actually used, unless he is licensed pursuant

4 Investigator s Report Continued to this chapter. 2. No person may be employed by a licensee unless the person holds a work card issued by the sheriff of the county in which the work is to be performed. The provisions of this subsection do not apply to a person licensed pursuant to this chapter. 3. A person licensed pursuant to this chapter may employ only another licensee, or a nonlicensed person who: (a) Is at least 18 years of age. (b) Is a citizen of the United States or lawfully entitled to remain and work in the United States. (c) Is of good moral character and temperate habits. (d) Has not been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon. Five individuals were identified as security consultants for events related to the MTV VMA Certain consultants assumed to circumvent NRS 648 in having a licensee hire him/her as a bona fide employee pursuant NRS which partially reads that, any license obtained pursuant to the provisions of this chapter gives the licensee or any bona fide employee of the licensee authority to engage in the type of business for which he is licensed in any county or city in the State of Nevada. However, the intent of NRS 648 is made clear when describing the applicability of the statute particularly under subsection 4 or NRS which reads: Except as to polygraphic examiners and interns, this chapter does not apply: To any private investigator, private patrolman, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, EXCEPT as otherwise provided in NRS , and In other words, an employer-employee relationship would have to exist between the consultant and the client (Viacom). Certain security consultants, now the registered employees of the licensee, engaged in activities not specifically related to his/her employment with the licensee. The consultant assumed a management and decision making role directing multiple security providers (licensees) with who, what, when, where and how the security was to be rendered to the client (Viacom). More importantly, the consultant assumed oversight of most security providers not just the security company that registered him/her. All of which is contrary to NRS Security consultants are required to be licensed pursuant to NRS 648. The type of behavior exhibited by consultants as described above is intolerable and illegal. This Agency will continue to issue unlicensed activity citations to unlicensed security consultants engaged in such unlicensed business activities in the State of Nevada requiring licensing. NAC prohibits certain acts to include acting as a contractor and submitting bids. Any solicitation and submission of bids to provide services requiring licensing under NRS 648 by an unlicensed provider, contractor or consultant are void. OFF-DUTY POLICE OFFICERS NAC prohibits a licensee from employing an unlicensed person who is or becomes employed as a peace officer by a federal, state or local law enforcement agency. Currently, exemptions may be granted by the Board of said unlicensed person/peace officer on behalf of the licensee upon receipt of a request. An Off-Duty Police Officer providing executive protection to anyone in the State of Nevada as discovered with this event (MTV VMA) without Board exemption will be issued an unlicensed activity citation.

5 LAS VEGAS METROPOLITAN POLICE DEPARTMENT FINGERPRINT BUREAU September 5, 2007 To Whom It May Concern: The Federal Bureau of Investigation (FBI) recently notified its customers that their fee schedule will be changing effective October 1, The fee change reflects a decrease for the cost of a fingerprint based background check. Effective October 1, 2007, the fee for a fingerprint based background check will be $ The fee for a work card still remains $ In order to expedite this process for your customers, we request that they pay for this service by money order, or by exact change. Money Orders need to be made payable to LVMPD for the amount of $ Please feel free to contact Janene at if you have any questions. Sincerely, Yvette Fitts Director of Fingerprint Bureau

6 AGGREGATE QUARTERLY REPORT June 19, September 7, 2007 COMPLAINTS March June September YTD New Complaints Closed Complaints Total Pending Complaints Complaints of Licensees Complaints Assigned to No Complaints Assigned to So Investigator Botello Citations: Citations Issued Cease & Desist Letters Written Citations Pending Backgrounds Completed Corporate Officers Corporations Qualifying Agent/Individual Conventions/Show Inspections 5 5 Investigator Farmer Citations: Citations Issued Cease & Desist Letters Written Citations Pending Backgrounds Completed Corporate Officers Corporations Qualifying Agent/Individual Conventions/Show Inspections 4 4 Backgrounds Rejected Applications Withdrawn Backgrounds Pending Corporate Officer/Director/Members Corporations Process Server Repossessor Canine Handler Polygraph Examiner Private Investigator Private Patrolman

7 AGGREGATE QUARTERLY REPORT CONTINUED June 19, September 7, 2007 Pending Applications Received this Quarter, Continued to Next Category of Application Received Private Investigator Private Patrolman Process Server Repossessor Canine Handler Polygraph Examiner Audits & Violations Audits Violations Conventions/Show Inspections 1 1 WE RE ON YELLOWPAGES.COM It was brought to our attention by a licensee that there were several businesses advertising on Yellowpages.com who were not licensed pursuant to NRS Chapter 648. They are in the process of updating their website with the appropriate license numbers for those who are licensed by this office. We have been diligently working with the staff at yellowpages.com to determine who on this website is required to be licensed by this office, those that are deceased, those who do not fall under our jurisdiction, i.e. bailbond companies, surveillance equipment companies, etc. The companies who do not have a license number associated with their advertisement are being removed. In addition, we have asked yellowpages.com to inform us of the unlicensed entities who have PAID advertisements so that we can take the appropriate action. SEE NEXT PAGE

8 State of Nevada Private Investigators Board Carson City, NV (775) Call Are You Licensed? It's the Law. Home > Las Vegas > Category Search - private investigator > More Info - State of Nevada Private Investigators Board Back to results GENERAL INFORMATION: Since 1949, the Nevada State Private Investigators Licensing Board (NSPILB) has been servicing the industry to ensure safety and regulated practices for the citizens in Nevada. The NSPILB is a division of the Nevada Attorney Generals Office. NSPILB Board members work together to ensure compliance of regulations and that the general public is served with a high standard of ethics, morals and quality. Additional Board members include two members of the general public, a licensed private investigator, a licensed private patrolman, and a licensed polygraph examiner. Review This Business! Rate it For a business or professional to promote themselves as a Private Investigator, Private Patrolman, Security Consultant, Process Server, Repossessor, Canine Handler or Polygraph Examiner or Intern, they are required by law to hold a license. Citizens seeking the services of an Investigator (or related business mentioned above) should require proof of licensing to protect their interests and to ensure compliance with the laws of the state. Rea Visit Web Site Hours of Operation: Mon-Fri 8am-5pm, Sat-Sun Closed Are you licensed? It's the Law! Visit our website and we will help you get started. BUSINESS DETAILS: General Information Products & Services THIS BUSINESS IS LISTED UNDER: Private Investigators & Detectives Government-State Security Guard & Patrol Service IS THIS YOUR BUSINESS? Providing Licensing for: *Private Investigators (NRS ) Background Screening Companies Mystery Shoppers *Private Patrolmen (NRS ) Bodyguards Executive Protection Armored Car Companies *Process Servers (NRS ) *Security Consultants (NRS ) *Repossessors (NRS ) *Polygraph Examiners (NRS ) *Polygraph Examiner Interns (NRS ) *Canine Handlers (NRS ) The NSPILB conducts quarterly examinations for approval of licenses, which are then renewed annually. Meetings are also held for review of standards and practices. Please visit our website for additional information, or contact our office at your convenience. Serving the State of Nevada with professionalism and pride. Additional Phone Numbers Extra Fax (775) fax us today! Web Links nevadapilb.glsuite.us *Investigates complaints *Examines, audits and takes appropriate disciplinary action against licensees that have violated the statutes *Conducts background investigations for license applicants *Provides for renewals online *Conducts Quarterly Exams for license applicants *Conducts Board Meetings for review of industry standards and policies The Private Investigators Licensing Board also: *Regulates the standards of conduct for the profession

9 Volume 2, Issue 3 Page 9 Public Hearing to Adopt Language to Amend NAC648 Repeal section 2 of NAC NAC Employment of unlicensed persons. 1. Except as otherwise provided in subsection 2, a licensee may not employ an unlicensed person who is or becomes employed: (a) As a peace officer, as defined in NRS ; (b) By a federal, state or local law enforcement agency; or (c) In a position which makes him eligible to contribute to any public employees retirement system. 2. Upon receipt of a written request for exemption, the board will grant an exemption from the prohibitions set forth in subsection 1 if the board finds that the private activities of the unlicensed person on behalf of the licensee would not create or tend to create: (a) A conflict of interest with his responsibilities to his public employer and his duty to discharge them; or (b) The possibility of a use of his position with the public employer for personal advantage in his private activities. Amend NAC to increase the amounts of some of the violations that can be imposed and to include any new statutes or regulations that if violated, fines can be imposed. Do you have a question you would like the committee to consider for one of our exams? WE STILL WANT YOUR INPUT!!!!! We need your question, the answer, the source of where someone could locate the answer for purposes of studying and if the question is based on ethics, experience, Federal, State statute or regulations.

10 Private Investigators Licensing Board 3476 Executive Pointe Way Suite 14 Carson City, Nevada Phone: (775) Fax: (775) We re on the Web Quick Links: NRS NAC Attorney General State of Nevada Contact Us Carson City Office: Mechele Ray, Executive Director (775) Rene Botello, Senior Investigator (775) Elaine Trent, Program Assistant (775) Brandi King, Investigative Assistant (775) Las Vegas Office: Kristine Farmer Investigator (702) Mailing Address: 3476 Executive Pointe Way Suite 14 Carson City Nevada Fax (775) Any questions or comments regarding this newsletter, please contact Mechele Ray at: IMPORTANT DATES TO REMEMBER: Board Meetings Carson City September 19, 2007 June 18, 2008 September 17, 2008 Las Vegas December 5, 2007 March 19, 2008 December 10, 2008