ASIS-HOUSTON CHAPTER MINUTES

11/16/06

 

The luncheon meeting was held at the Renaissance Hotel with Chairman John Brady presiding. 34 members and guests attended.

 

Prayer & Pledge:  John Brady

Introduction of Guests and New Members

 

COMMITTEE ACTIVITIES

Newsletter: Tom Hamilton CPP stated work has begun on the December issue.  The 2007 renewal sponsorship drive has started, with several commitments already.  The newsletter was submitted as the 2007 Newsletter of the Year at the next National conference.

Foundation: Randy Simpson CPP told the members about scholarships available through National.  Through matching dollars, the total can reach $2,000 for Criminal Justice educational programs or the ASIS National Conference.  An article will appear in the December newsletter, as well as an email broadcast, that details the application process.

Region: RVP Mike Crocker CPP followed by stating the Region donates up to $500 of that $2,000 total.  Activities for Region 6 are posted on their web site www.asisregion6.org.  Regional training for Executive Committees and Committee Chairpersons will be held in Austin on November 30th.

Golf:  Paul Rux announced the tournament will be on May 14, 2007 at the Willow Creek Country Club.  Registration forms will be posted and distributed.  It is not too early so that the planning can be efficient and coordinated.

Treasurer’s report: Distributed.  Invoices for the annual local dues are being mailed.  Please be prompt with your payment and commitment to the local chapter.

Training:  John gave a big thank you to Brad Robinson for providing two days of Hazwoper training at our recent local seminar.  AIG generously donated the training rooms and parking.  The turnout was low for the remaining three days of training, which we feel in part, was due to late promotional opportunities and perhaps the time of year.  We will look to a different format for 2007.

Web:  Mike stated there are (2) $300 sponsorships still available.  The web site was submitted for 2007 Web Site of the Year at the next National conference.

Placement: Mike Mason CPP announced he has posted a new position on the web page.  He also has some unposted job listings.  Please contact him for information.

Chapter Elections: Committee Chair Captain Mark Curran conducted the annual election for the Chapter’s 2007 Executive Board.  After requesting nominations from the floor, three positions were uncontested:

Chairman: Posie Clinton IV

Treasurer: Tom Norman, CPP, PSP

Secretary: Greg Walker Esq, ARM, CPP

Andrea Laughlin won the Vice-Chair position by ballot.

 

 

 

 

Public Service Award:  Officer Roland L. Benavides; Houston Police Department

 

The qualities that stand out for awardees include tenacity and commitment.  HPD Officer Benavides, a 12 year veteran of the department, exemplifies these qualities.

 

On June 27, 2006, while riding patrol, Office Benavides saw a man running down the street, then jump into a waiting vehicle.  At that moment, another officer broadcasted that a shooting had just occurred nearby with a suspect description that matched the runner.  Officer Benavides immediately attempted to stop the vehicle but the driver refused to pull over.  Following a brief chase, the suspects jumped out of the vehicle and fled on foot.

 

Officer Benavides pursued the passenger suspect and pulled him off a fence.  After a brief but very intense struggle, Officer Benavides was able to apprehend him.  Other officers had arrived at the scene, set up a perimeter and were waiting for the K-9 Unit.  In spite of having just been engaged in an intense struggle, Officer Benavides continued processing and working the scene.  He spoke with an elderly female resident about possible hiding places where the second suspect could be evading detention.  As Officer Benavides searched possible hiding places, he heard a resident screaming that the suspect was in her house.  He immediately entered the woman’s house in pursuit, driving the suspect to escape out the window and into the path of the K-9 Unit.  It was later discovered that both suspects had prior arrests.

 

Officer Benavides was presented a plaque in appreciation for demonstrating the exemplary qualities of commitment.  His supervisor, Lt. S. Spears, was present for the award.

 

Speaker:  Greg Walker, Esq, ARM, CPP

                        RisKcontroL

           

Topic: The Administrative Law Process – The Forgotten Law

 

The Executive, Legislative and Judicial branches serve separate functions that provide checks and balances to our Government.  However, Administrative Law combines all three functions: rulemaking, legislation/enforcement and hearing procedures/sanctions.  Examples of Administrative Agencies include the Health Department, Homeland Security, Defense Department, Postal Service, FCC and the Fair Trade Commission.  These agencies do not have elected positions.  Most of their members have spent their lives in government and have never worked in the private sector and are protected by civil service.

 

Congress writes the law in broad terms and leaves interpretation of that law to the commission agencies to fill in the blanks.  Often the details of that interpretation do not reflect the original intent of the law.  The Rules are enacted by formal published procedures.  Opinion on the Rule can have tremendous influence on the final interpretations before they become Standards.  Large companies can afford the staff to monitor the rulemaking; then have their lobbyist attempt to influence the opinions issued.  The Public can send in comments before the Rule is enacted, as well as associations or organizations such as ASIS.  It is important to monitor the website that will allow you to review pending rules in the State and/or Federal Register.  Once the Rule has passed, it is so much harder to change.  The Fair Credit Reporting Act actually had a provision that required a suspect to be notified that they were going to be investigated.  It took a great amount of resources to repeal that portion of the Act.  Also, look at who is driving the rule to be passed.  For example: the Insurance Companies trying to push the NFPA to enact security standards. 

 

Do not get in an adversarial position with the regulators.  Cooperate and work as a team at the local level.  Investigative and Enforcement powers can be both broad and narrow.  If you have erred, come up with the solutions and present it to the investigator.  Take the proactive approach.  There is a broad range of sanctions, which often can be criminal.  You need to know what sanctions are available against your company.  Don’t risk a lot for a little.  Look at the cost of the sanction versus the cost of business to comply.  Sanctions can be appealed and can actually go to court for protest.

 

Administrative Law is important to note: be proactive to know what can affect your business and stay on top of it.  Many agencies will email you if changes are coming that could affect you.  Network.

 

After a question and answer period, Mr. Walker accepted a plaque as a token of our appreciation for his presentation.  A handout will be available on the web site.  Greg is further appreciated for repeatedly providing legal training for our Chapter.

 

The next Chapter luncheon is on December 14th.  Our speaker is Houston Mayor Bill White.