TPSB Liaison - Overview of the Board Meeting

TPSB Liaison - Overview of the Board Meeting

By: = John Kahn, CPP - Committee Chair

ASIS Chapter 12 Members, the Texas Private Security Bureau has= a Board of Directors who meet quarterly (four times) each fiscal year. As such, there are Board Members who are appointed and serving the TPSB Board. Their terms of service are offset from one another generally, to keep a consistency on the Board. The current Texas Private Security Board is comprised of:=

The TPSB Quarter= ly Board Meetings are comprised of Agenda Items and Licensees <= /o:p>

= ·&nb= sp; Each Fiscal Quarter – Four Sessions P= er Fiscal Year

= ·&nb= sp; Ratification of Prior Session Done By Following Session

= ·&nb= sp; Those who need to approach the TPSB Board

= ·&nb= sp; Requesting Decisions regarding licens= ing matters

= ·&nb= sp; Pending Legislative Matters & Dis= positions Directly Impacting Licensees

= ·&nb= sp; Doing Security Business in State of <= st1:State w:st=3D"on">Texas: Go To: http://www.txdps.state.tx.us/psb= /.

BOARD MEETING = - JANUARY 27, 2009

BOARD MEMBERS PRESENT: The Honorable John Chism, Chairm= an, Howard H. Johnsen, Vice-Chairman, Mark Smith, Secretary, Charles Crenshaw, Harold Warren, Stella Caldera. NOT PRESENT: Doris Washington.

STAFF PRESENT:

RenEarl Bowie, Captain- Manager, Private Security Bureau; Steve Moninger, Senior Staff Attorney, Texas Department of Public Safety, Regulat= ory Licensing Service; Reginald Andrews, Program Supervisor II – Licensing, Pri= vate Security Bureau; David Wise, Priva= te Security Board Attorney, Texas Department of Public Safety, Regulatory Licensing Service; Other Staff Members; Industry Members and the General Pu= blic Members.

MINUTES:

Agenda = Item II: = Status Report: From Advisory Committees<= /span>

Agenda Item III. <= /span>ONLINE Registration Issues

Agenda Item IV: Status Report ~ Pend= ing Proposed Rules

· = No Pending = Board Rules - All Previously Pending Rules – Now Adopted.

· = Rule Changes Existing.

Rule Changes:

35.1 Definitions - 35.14 - Unlicensed General Contractors or Other Intermediaries

35.34 - Standards of Conduct - 35.60 - Guard Com= pany Manager Requirements

35.61 -Written Examination - 35.78 - Evidence of Insurance - 35.97 = - Entry of Appearance Required - 35.221 - General Reciprocity (repealed) - 35.222 -= Limited Reciprocity (repealed)

35.257 - Training Requirements - 35.143 - Drug-F= ree Workplace Policy Requirement

Agenda Item VI: Discussion “Administrative Caseloa= d” and “Appeals of Violations”

Directly to the Priv= ate Security Board

· = Chairman Ch= ism presented this item.

· = Bureau Atto= rney Stated – None Outstanding Currently

· = Statute Cur= rently Provides Direct Appeals To Board For Registered Sex Offenders

· = NOTE: To Da= te Only ( 2 ) Cases Involved Registered Sex Offenders

· = However: On= e of those Cases Went To SOAH; One Appealed Directly To BOD

Agenda Item VIII: Report from Private Security Bureau

Captain Bowie Stated: Fiscal Period- 10/27/08-1/22/09

· = 1,356 Viola= tions: Investigated By Investigations Section of the Bureau.

· = 14 Cases :<= span style=3D'mso-spacerun:yes'> Operating With Expired License

· = 767 Cases := Operating With A Suspended License

· = 89 Cases :<= span style=3D'mso-spacerun:yes'> Operating Without A License

· = 19 Cases :<= span style=3D'mso-spacerun:yes'> Were Presented To Prosecutors As Criminal Cases

Reggie Andrews, Licensing Supervisor, Reported:

Currently Registered - Fiscal Period 10/29/08-1/= 23/09:

·&nb= sp;        5,123 - Act= ive Company Licenses , 187 Active Schools, 116,439 - Individual Registrants

·&nb= sp;        89 - Receiv= ed Original Applications, 1,117 -Company Renewals, 7,139 - Original Individual Applications, 5,874 - Individual Renewals, NOT Including Online<= /span>

Issued - Fiscal Period 10/29/08-1/23/09:=

·      =    194 - Original company licenses, 1= ,089 - Company Renewals, 8,107 - Orig= inal Individual Registrations, 5,677 -Individual Renewals, 3,974 - Employee Information Updates Online

Further stated during the same period:

·&nb= sp;        New Rule Ch= anges – Some Have Changed - Encouraged A= ll Industry Members To Check Private Security Bureau Website - TPSB’s Website Changed - To Be A.D.A. (Americans with Disabilities Act) - Website Dramatic= ally Different - More Icons Possibly Added-Back User-Friendlier

Texas Private Security Bureau: http://www.txdps.state.tx.us/psb/.

Agenda Item X:    Administrative Hearin= gs

A.   Proposal for Decision:

       In The Case of Class B Mis<= /b>deme= anor Conviction for Terroristic Threat Affect

Steve Moninger stated that all people with hearings before the Board were sent letters indicating that the hearings would begin promptly at 11:00am. He we= nt on to say that two of the petitioners were already present, so in the inter= est of time he would begin with them. He instructed the Board to skip ahead in their hearings books to David Sanford.

David Sanford- Docket No. 010622008

Mr. Sanford was present to address the Board on this case. He did not have coun= sel present to represent him to the Board. Mr. Moninger stated that Mr. Sanford= was denied application for registration as a locksmith, based on his Class B misdemeanor conviction for Terroristic Threat. He asked the Board to uphold SOAH’s decision and deny Mr. Sanford’s application. Mr. Sanford addressed t= he Board on his own behalf. He stated that there were extenuating circumstances surrounding his conviction. He stated that there was an altercation on his property between two of his neighbors. He stated that his three children we= re outside playing in the yard when the situation occurred. He went on to say = that he asked them to leave with no result. He also stated that his children were very upset and in the confusion of trying to calm them down he panicked and pulled out his son’s toy gun, and threatened the neighbors in an attempt to= get them to leave his property. He went on to say that he signed a plea bargain because he was raising three kids on his own and it was easier to pay $250. rather than $2500. that he couldn’t afford. Secretary Smith asked Mr. Monin= ger if there was any evidence to contradict Mr. Sanford’s version of events. Mr. Moninger stated no there was no other evidence. Vice-Chairman Johnsen asked= if Terroristic Threat was the only thing he was charged with to which Mr. Moni= nger replied yes, it was a threat of assault. Board member Crenshaw asked Mr. Moninger if the Board had the latitude to overturn SOAH’s decision. Mr. Moninger stated that yes they did, in the sense that the reason it is a disqualifying offense is because the Board established that it was by rule.= He went on to say that as the authority behind the rule, the Board could choos= e to suspend the rule temporarily or modify the rule. Board member Warren asked if the Board should modify= the rule if the Board chose to do something other than what is recommended by S= OAH. Mr. Moninger stated that the rule states that the offense is a mandatory disqualifier, however because it is a rule that the Board passed they could withdraw it, modify it, or make a qualification to it. He went on to say th= at if the Board wished, they could move Terroristic Threat from the mandatory disqualifying list to the discretionary list by resolution until the next r= ule change. Vice-Chairman Johnsen stated that when he voted for the mandatory a= nd discretionary lists, he didn’t envision Terroristic Threat as having to do = with neighbors and toy guns. Secretary Smith asked if Mr. Sanford disclosed this information on his application, to which Mr. Moninger stated that he did. B= oard member Crenshaw made a motion to waive Terroristic Threat from the mandatory list of disqualifying offenses to the discretionary list. Secretary Smith seconded the motion, and the Board voted unanimously in favor of the motion. Board member Crenshaw made a second motion to deny SOAH’s decision and grant Mr. Sanford licensure as a locksmith. Secretary Smith seconded the motion, = and the Board voted unanimously in favor of the motion.