Bismarck Airport - Bismarck, ND
August 27, 2013
- Chair Bill Butcher, called the meeting to order at 11:00 a.m. Board members present: John Shorey, Rick Schuh, Mike Stensrud, Arland Rasmussen, and Jerry Kemmet. Darcy Fossum was absent. Others present: Francine Johnson, Cheryl Kruger, Edward Erickson, Chantel Shorey, Lara Christianson and William Gordon representing Advance Security, Francine and Steven Gaber representing Sentry Security, Brett Anderson and Keith Rowan representing Pro Dog Security.
- The minutes from the May 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. John reported that as of July 31, 2013 total current assets $127,176.01. Expenses were $4,518.00, income was $3,232.00, and net income was $-1,286.00. Motion by Jerry Kemmet to approve the financial report. Second by Arland Rasmussen. M/S/C.
- The budget report was given by John Shorey. A review of the budget was conducted and discussed. A motion was made by Jerry Kemmet to approve the budget. Second by Rick Schuh. M/S/C. A copy of the 2014-2015 budgets is attached to the minutes.
- Cheryl Kruger gave an update on Richard Anderson. He has a balance of $838.90 to pay. He still owes for July and August. He has not made a payment since June. Cheryl will email him reminders to pay his outstanding balance.
- Francine Johnson sent a letter to Charles Anderson as directed by the board requesting input on the suggestions and/or changes he wanted to have made to the administrative rules. His suggestions were that of expert testimony and testimonial privilege for investigators. The board was informed that we had received no response. The board determined that no further action was required.
- Francine Johnson informed the Board that they will be audited by the FBI on September 11, 2013. She will provide results of this audit at the next meeting.
- There was discussion with regard to Jerry Kemmet remaining on the Board since he is not renewing his investigator’s license. The laws state that he does not have to be an active investigator to remain on the board. The board determined that he should remain on the board, provided he can maintain attendance to board meetings. Mr. Kemmet assured them he would be able to attend the meetings.
- An update on the Phillips settlement was given by Bill Butcher and Edward Erickson. They advised that they had signed an agreement which indicated $25,000 fine would be imposed and payable within 30 days. The settlement also outlines that they may now put forward a new applicant. Additionally, Phillips will remain on probation one year from the date of a new applicant receiving licensure.
- Chris Rhoades violation concerning the two complaints against him was discussed. Jerry Kemmet made the motion to have Edward Erickson move forward with the disciplinary action and refer the matter to the civil litigation department. Second by Arland Rasmussen. M/S/C. The board will also inform the complaining parties of the board’s actions.
- The Administrative Rules update was given by Bill Butcher. Representative Kim Koppelman would like the wording in the Administrative Rules changed from “may” be prorated to “must” be prorated as is outlined in statute. Edward Erickson will present this change to the Administrative Rules committee on September 12, 2013. No further action is required by the board.
- Edward Erickson provided an update on Pro Dog/Phillips Security matter. It is the Boards decision to assess a fine of $500.00 and 1 year probation. The Phillips group and Pro Dog are willing to accept these terms on the initial violation. With regard to the dissolution of his company, Mr. Rowan indicated that he was unaware of the dissolution and relied upon his accountant to file the proper paperwork. He admits they were wrong, but unintentionally. He stated they had 26 employees on payroll. The board records reflect they had 65 employees registered. After his explanation, the board elected to go into executive session to discuss the Pro Dog matter and discuss settlement and negotiations with their attorney. The session began at 1:02 p.m. and reconvened at 1:30 p.m. The Board’s attorney will draft the terms of the potential settlement immediately. Edward Erickson was advised that the terms must be met by mid-September in order to comply with the license and renewal period.
- Steve Gaber of Sentry Security had concerns over the Pro Dog Security issue. He addressed the board about ethical matters and operations that were occurring in Minnesota regarding Pro Dog. The chair advised Mr. Gaber that all complaints needed to be in writing specifying the problem and signed. He was informed that the board had received an anonymous letter but at this juncture could not act upon an anonymous letter. Should there be specific incidents and complaints, the board would review and act upon them accordingly. Mr. Gaber also voiced his endorsement of gaining a compliance officer to ensure that all license holders are complying with rules and statutes.
- Mike Stensrud presented and reviewed with the entire board exam revisions for the investigator, security and weapons tests. Several questions were eliminated as well as revised for proper content. This revision and review was done in the absence of the public in order to maintain the integrity of the exams. Mike Stensrud will compile the revisions and changes and send them to the Board’s office once completed. Arland Rasmussen advised that the security study guide was being rewritten and anticipated that the author would have it completed by the November meeting and would present it at that time. It was also noted that the book for the investigator’s exam should be labeled as reference material rather than a study guide.
- John Shorey made the motion to adjourn the meeting and Mike Stensrud seconded it. M/S/C. The next meeting will be held on November 26, 2013 at the Bismarck Airport conference room.
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