Bismarck Airport - Bismarck, ND
February 25, 2014
- Chair Bill Butcher, called the meeting to order at 11:10 a.m. Board members present: Rick Schuh, Mike Stensrud, Arland Rasmussen, Darcy Fossum, John Shorey, and Jerry Kemmet. Others present: Francine Johnson, Cheryl Kruger, Edward Erickson, Brett Anderson representing Pro Dog, Lara Christenson and Bill Gordon representing Advance Security, Steve and Francine Gaber representing Sentry Security, and Dean Wawers
- The minutes from the December 2013 meeting were reviewed. Arland Rasmussen made the motion to accept the minutes and Jerry Kemmet seconded it. M/S/C.
- The financial report was presented by John Shorey. As of January 31, 2014, current assets were $199,376.99. Expenses were $4,960.28, and net income was $-1713.28. Motion was made by Darcy Fossum to approve the financial report. Seconded by Mike Stensrud. M/S/C. .
- Arland Rasmussen announced that he will be resigning. He will attend the May meeting. It is anticipated a replacement will be found by then.
- Richard Anderson update was given by Cheryl Kruger. He owes a current balance of $438.90. Edward Erickson will pursue litigation against Anderson.
- Election of officers was held. Motion by Arland Rasmussen was made for a unanimous ballot to cast all existing officers to remain the same; Chair-Bill Butcher, Vice Chair-Darcy Fossum, and Treasurer-John Shorey. Mike Stensrud-second. M/S/C
- Edward Erickson reviewed the fee structure. Motion was made by Jerry Kemmet to leave the fees as they are. Second by Mike Stensrud. M/S/C. The language for fee changes will remain on file for future reference.
- A conference call with Dave Knight of Armored Knights was conducted at approximately 11:30 a.m. Armored Knights is providing unlicensed security and has been doing this activity in the western part of the state since December, 2013 to the present. Armored Knights had previously been notified of the licensing procedures in 2010. GARDA, the security company that subcontracted with Armored Knights, has failed to respond to Board’s request for information. Dave Knight confirmed that he was still conducting security work in Dickinson and Williston and he, nor any of his employees, are properly licensed or registered in North Dakota. He indicated that GARDA had told him that he need not become licensed. The Board questioned Dave Knight about his security activities and advised him that they would be going into executive session to discuss the matter with counsel. The chair informed Mr. Knight that a return call to him would be made before the end of the public meeting. The executive session began at 12:30 p.m. and the public was invited back into the meeting at 1:15 p.m. Mr. Knight was telephoned and informed by Edward Erickson, counsel for the Board, of the decision. The terms are as follows: A $15,000.00 fine must be paid within 10 business days, an appropriate and qualified applicant must take the security exam within the same timeline, they will be allowed to provide unarmed security for a period of 3 weeks while working toward meeting agency and employee license and registration requirements. This includes the payment of fees for employee background checks and registration. The company can provide armed services only when they have met the state requirements for armed certifications. The company will be placed on probation for a period of one year. If the terms are not met or agreed upon, Armored Knights shall immediately cease and desist from providing unlicensed security services in the State of North Dakota. Edward Erickson will draft and send the terms to Armored Knights. Mr. Knight indicated by telephone that he could not afford the fine and asked for a payment plan. The Board denied this request and advised him to contact a lending facility. He later returned a call to the Board and indicated GARDA was working with him to meet the terms. Bill Butcher stated that the board will address GARDA issues and lack of response to the Board at the May meeting.
- The Pro Dog Security violation was discussed. The Board was informed that Mark Dudgeon had been working for Pro Dog Security without being properly registered or trained. The Board was supplied with documentation and evidence indicating the employee was not properly registered. Brett Anderson, representing Pro Dog, indicated Dudgeon was in training status and was supervised. The Board determined that Mr. Dudgeon was working without being properly registered. It was noted that Pro Dog is currently on probation for two previous issues. A motion was made by Arland Rasmussen to impose a $500.00 fine and two more years of probation. If they have another violation, their license will be revoked for six months. Seconded by Rick Schuh. M/S/C. Edward Erickson will send the notification of the Board’s decision to Pro Dog. Brett Anderson, Pro Dog representative, acknowledged that he will inform Keith Rowan, license holder of Pro Dog, of the Board’s decision.
- Steve Gaber-Sentry Security addressed the complaint submitted by Keith Rowan-Pro Dog, regarding his employee Jessica Gaber. Motion was made by Mike Stensrud that this was a labor issue and not a regulatory issue. Second by John Shorey. M/S/C. No further action was required and the matter is closed.
- The Food Service of America matter was discussed. Food Service of America contacted Steve Gaber-Sentry Security about providing security services for a potential strike situation. Gaber stated that Food Service of America wanted to bring in employees to work under Sentry Security without being properly registered in North Dakota. There are no current regulatory issues or violations. The matter is closed and was considered as informational only.
- Edward Erickson gave an update on Kleinbard, Bell & Brecker. They want to develop a phone application for a security system and requested a ruling as to whether this was a licensable activity. The board determined that this is not a matter that falls under the Board’s jurisdiction. Francine Johnson will send them a letter outlining the Board’s decision.
- Dean Wawers presented a study guide and revisions for the Private Investigator exam. The board would like a CD made for both the security and investigation study guides. Motion was made by Jerry Kemmet to authorize Wawers’ bill and move forward with a CD and table of contents for each book. Second by Mike Stensrud. M/S/C. The Board will review both guides and tests and will discuss them at the May meeting.
- A compliance officer job description was distributed for the board to review. This matter will be discussed at the May meeting.
- The next meeting will be May 22, 2014 at the Bismarck Airport conference room. Arland Rasmussen made the motion to adjourn the meeting and Darcy Fossum seconded it. M/S/C. Meeting adjourned at 3:10 p.m.
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