Bismarck Airport - Bismarck, ND
November 25, 2014
- Chair Bill Butcher, called the meeting to order at 11:05 a.m. Board members present: Mike Stensrud, Dennis Bullinger, Rick Shuh, John Shorey, and Jerry Kemmet. Darcy Fossum and Francine Johnson were absent. Others present: NDPISB Office Assistant Cheryl Kruger; Edward Erickson and John Tyler from the AG Office; Lara Christensen and Bill Gordon, representing Advance Security; Steve Kilde and Cody Tromm, representing 10-Code; Fred Manning, representing GARDA; Heather Voegele, representing Armored Knights
- The minutes from the August 2014 were reviewed. Jerry Kemmet made the motion to accept the minutes. Second by Rick Schuh. M/S/C
- The financial report was presented by John Shorey. As of October 31, 2014, current checking account balance was $111,999.28 and cdís were $120,373.56. The total assets were $226,783.24. The net income was $1,496.08. Motion was made by Jerry Kemmet to approve the financial report. Second by Rick Shuh. M/S/C.
John Tyler presented a draft stipulation agreement with Armored Knights/GARDA for consideration. There are currently complaints filed by the board against Armored Knights/GARDA. It was noted that Armored Knights is currently licensed but GARDA is not currently licensed in North Dakota. If GARDA is subcontracting, they do not need to be licensed; however, if they have any security officers operating in North Dakota then they need to be properly licensed. Fred Manning indicated that GARDA is willing to comply and has taken steps internally and externally to monitor their activities to insure compliance. Heather Voegele indicated that Armored Knights also wants to comply and has ensured that their employees are not carrying firearms without being properly registered. Fred Manning stated that both companies would like a section added in the stipulation stating that if they are not in compliance, a notice will be given to them before they are automatically punished.
- The Board elected to go into executive session to discuss the stipulation and a settlement agreement with GARDA/Armored Knights with the purpose of getting a settlement agreement with both companies. Jerry Kemmet made a motion for the executive session. Second by Dennis Bullinger. M/S/C. The meeting reconvened in regular session at 12:20 p.m. Bill Butcher stated that NDPISB will require both companies to pay all costs incurred by the board for the purpose of bringing the companies into compliance, including the cost of future compliance inspections, but will not impose a fine on either company. The lawyers present were directed to move forward in a reasonable period of time and, when a final agreement is made, it will be presented to the Board by conference call for final approval.
- Steve Kilde and Cody Tromm reprenting 10-Code, inquired if they can hire law enforcement as security officers. They were advised that sworn law enforcement officers cannot be a registered PI nor hold a security or PI license, but they can work as security officers. Edward Erickson agreed to see to it that an Attorney Generalís opinion is rendered to that effect. A motion was made by Mike Stensrud that law enforcement officers may work as security officers under section 93-02-02.1-11 (2), but may not hold a private security license so as to cover the question in the interim. Second by Jerry Kemmet. M/S/C.
- Edward Erickson gave an update on Richard Anderson. AAG Doug Anderson had suggested that a garnishment be placed against Richard Andersonís wages with his employer in the amount of $100/month and that the garnishment would follow to his future employers until the full amount owed is paid. A motion was made by Dennis Bullinger to impose the agreement as presented by AAG Anderson. Second by Jerry Kemmet. M/S/C.
- The Board went into executive session to discuss a wage increase for Francine Johnson and Cheryl Kruger. The meeting reconvened in regular session at 1:50 p.m. A 20% increase was given to Cherylís hourly wage and a 20% increase was given to Francineís salary, effective January 1, 2015.
- Cheryl Kruger stated that the PI and Security study guides are finalized and available for $40.00.
- An election of officers was held. Mike Stensrud made a motion to elect Bill Butcher as Chairman, Jerry Kemmet as Vice Chair, and John Shorey as Treasurer. Second by Rick Schuh. Dennis Bullinger moved for nominations to cease. Second by Mike Stensrud. M/S/C.
- There was a discussion on a clarification of a letter that is to be sent to security officer employees. It was decided to table this until the next meeting.
- Bill Butcher stated that Russell Hons requested reappointment to the Board. Bill reported that in a conversation he had with Governor Dalrympleís appointments clerk he was informed that the governor would not be adding additional board members. It was agreed that Russ Hons is welcome to apply through the governorís office whenever there is an opening on the board.
- Jerry Kemmet and Bill Butcher reported that they had met with Chief Deputy Attorney General Tom Trenbeth regarding the possibility of the board purchasing the services of investigators employed by the Attorney General, to conduct compliance and/or other investigations on behalf of the board as needed. The proposed arrangement might work much as does the current arrangement for the board to be represented by lawyers from the AGís office, and investigative assignments might be handled by investigators from consumer protection or fire marshals. Trenbeth stated that representation of the board by deputy attorneys general was currently authorized by law but he questioned whether that is the case with other representation as suggested. He advised that he will research the matter and get back to Bill Butcher with his findings and recommendations.
- There was a discussion on having renewals due every two years instead of every year. Bill Butcher will see if there is any way that new legislation would allow that to be governed by administrative rules.
- Dennis Bullinger stated that there is nothing to report on the Security Rules and Regulations education at this time.
- The next meeting scheduled for February 24, 2015 was rescheduled for 11:00 a.m., February 17, 2015 at the Bismarck Airport. Motion by Jerry Kemmet to adjourn. Second by Rick Schuh. M/S/C Meeting adjourned at 2:30 p.m.
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