New Mexico Private Investigations Advisory Board REGULAR BOARD MEETING Tuesday, March 24, :00 p.m. Albuquerque, NM MEETING MINUTES

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1 PRIVATE INVESTIGATIONS ADVISORY BOARD New Mexico Regulation and Licensing Department BOARDS AND COMMISSIONS DIVISION Toney Anaya Building P.O. Box Santa Fe, New Mexico (505) Fax (505) I. CALL TO ORDER New Mexico Private Investigations Advisory Board REGULAR BOARD MEETING Tuesday, March 24, :00 p.m. Albuquerque, NM MEETING MINUTES In the absence of Board Chair Christopher Martinez, Professional Member Patrick Whitney called the meeting of the New Mexico Private Investigations Advisory Board to order at 1:10 p.m. II. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: Patrick Whitney, Professional Member Diane Dosal, Public Member Tony Garley, Professional Member Christopher Martinez, Professional Member STAFF PRESENT: OTHERS PRESENT: John Francis, Board Administrator Anita Villegas, Team Leader Randy Perez, Compliance Liaison Mona Valicenti, Assistant General Counsel Roll Call was taken by John Francis and a quorum was determined present. (Refer to sign-in Sheet for Other Guests) III. APPROVAL OF AGENDA Tony Garley made a MOTION to approve the agenda as written. Diane Dosal SECONDED the motion which IV. APPROVAL OF MEETING MINUTES FOR July 23, 2014 Board Meeting 1

2 Tony Garley made a MOTION to approve the minutes of the July 23, 2014 Regular Meeting as written. Diane Dosal SECONDED the motion which was PASSED by (Christopher Martinez arrived at approximately 1:30 pm and took over as Chairman of the meeting) V. NEW BUSINESS A. Discussion regarding need for changes to Level 1, 2 and 3 curriculum: Board Administrator John Francis presented public comments received by the Board concerning the Level 1 Security Guard training curriculum. Issues brought to the Boards attention included testifying in court, radio dispatch, handcuffs and the terms arrest and detain. Public comments at the meeting supported the need for changes to the curriculum. Peter Kindig of Narrow Gate Security proposed a public committee from the attendees meet to create some proposed language to address the designated concerns about the curriculum. Several members of the audience supported his suggestion. The Board agreed to allow the ad hoc committee 30 days to provide suggestions to the Board. B. Ratification of Security Guard Instructor Approvals: Tony Garly made a MOTION to ratify the Security Guard Instructor Approvals IN0001 thru IN0095. Diane Dosal SECOND the motion which was PASSED by C. Approval of the Open Meetings Resolution Patrick Whitney made a MOTION to approve the Open Meetings Resolution for Diane Dosal SECONDED the motion which was PASSED by UNANIMOUS APPROVAL. VI. BOARD APPOINTMENTS 1. Compliance Committee There was discussion by the Board about the need for a Compliance Committee. Tony Garley volunteered to be the Compliance Committee and the Board approved. 2. Election of Chairman of the Board Patrick Whitney NOMINATED Christopher Martinez for Chairman of the Board. Diane Dosal SECOND the nomination which was PASSED by

3 VII. EXECUTIVE SESSION Tony Garley made a MOTION to move that the New Mexico Private Investigations Advisory Board closed this meeting in order to enter into Executive Session to discuss the items listed in the agenda. Pursuant to Sections H 1 of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license. Diane Dosal SECOND the motion which was passed unanimously by a roll call vote. Roll Call Vote: Tony Garley, Professional Member- Aye Christopher Martinez, Professional Member- Aye Patrick Whitney, Professional Member- Aye Diane Dosal, Public Member - Aye The motion was approved by a unanimous vote. Let the record show that at p.m. the Board entered into closed session and the recorder has been turned off. Complaint Cases: PI PI 1, COM PI PI PI PI PI PI PI COM COM PI PI PI PI PI COM PI PI PI COM Application Cases: APP 5-36-APP Licensed APP Pending APP Pending APP APP APP APP APP Licensed PI APP Expired APP Pending PI APP Expired APP Pending APP Pending APP Pending APP Pending

4 Back in Open Session Let the record show that the recorder is back on. The New Mexico Private Investigations Advisory Board is back in open session. The time is p.m.. Pursuant to H 1 & 3 of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion. VIII. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION A. Compliance Cases: PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for the issuance of a Notice of Contemplated Action for license revocation, for violations to include but not limited to: NMAC (B) (2), NMAC (A) and NMAC (B). Diane Dosal SECONDED the motion which was PASSED by PI 1, COM Tony Garley made a MOTION to refer case PI 1, COM to the Attorney General s Office for the issuance of a Notice of Contemplated Action for suspension of license(s) for a period of one (1) year, violation(s) to include but not limited to: NMAC (A) (2), NMAC (B) (2 & 9). Diane Dosal SECONDED the motion which was PASSED by PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre NCA Settlement Agreement for violation(s) to include but not limited to: NMSA 61-27B-23 (E) with the following terms proposed for early resolution: Respondent shall pay an administrative fine of one thousand dollars ($1,000.00) and receive a letter regarding the above violations pursuant to NMSA 61-27B-27 (B) (1) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre-NCA Settlement Agreement for violation(s) to include but not limited to: NMSA 61-27B-3 (C), NMSA 61-27B-23 (E) with the following terms proposed for early resolution: Respondent shall pay an administrative fine of two thousand dollars ($2,000.00) and receive a letter regarding the above violations pursuant to NMSA 61-27B-27 (B) (1) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which was PASSED by

5 PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre-NCA Settlement Agreement for violation(s) to include but not limited to: NMSA 61-27B-23 (E) with the following terms proposed for early resolution: Respondent shall pay an administrative fine of three thousand dollars ($3,000.00) and receive a letter regarding the above violations pursuant to NMSA 61-27B-27 (B) (1) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which PI Tony Garley made a MOTION to issue a letter of warning regarding NMAC (A) (2) to the Respondent of case PI Diane Dosal SECONDED the motion which PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre-NCA Settlement Agreement for violation(s) to include but not limited to: NMSA 61-27B-3 (C) and NMSA 61-27B-23 (E) with the following terms proposed for early resolution: Respondent shall pay an administrative fine of two thousand dollars ($2,000.00) and receive a letter regarding the above violations pursuant to NMSA 61-27B-27 (B) (1) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which was PASSED by PI Tony Garley made a MOTION to dismiss case PI Diane Dosal SECONDED the motion which PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre-NCA Settlement Agreement for violation(s) to include but not limited to: NMAC (A) with the following terms proposed for early resolution: Respondent shall pay an administrative fine of one thousand dollars ($1,000.00) and receive a letter regarding the above violations pursuant to NMSA 61-27B-27 (B) (1) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which PI , PI , PI , PI , COM, COM, COM Tony Garley made a MOTION to dismiss case(s) PI , PI , PI , PI , COM, COM, and COM upon compliance with licensing requirements within ten (10) days. If Respondent fails to comply with the licensing requirements the case will be referred to the Attorney General s Office for issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which was PASSED by

6 PI , PI Tony Garley made a MOTION to table case(s) PI , PI Diane Dosal SECONDED the motion which PI Tony Garley made a MOTION to refer case PI to the Attorney General s Office for a Pre-NCA Settlement Agreement for violation(s) to include but not limited to: NMSA 61-27B-23 (A) with the following terms proposed for early resolution: Respondent shall comply with NMSA 61-27B-23 (A), Respondent shall pay an administrative fine of one thousand dollars ($1,000.00) within thirty (30) days of the signed agreement. Should the Pre-NCA Settlement Agreement fail the Attorney General s Office may proceed with the issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which PI Patrick Whitney recused himself from case PI Tony Garley made a MOTION to draft a letter requesting the licensing documentation used to obtain licensure be submitted to the Board Office within fifteen (15) days. If the Respondent does not comply with the request the case will be referred to the Attorney General s Office for issuance of a Notice of Contemplated Action. Diane Dosal SECONDED the motion which was PASSED by COM Tony Garley made a MOTION to refer case COM the Attorney General s Office for the issuance of a Notice of Contemplated Action for license revocation, for violations to include but not limited to: NMSA 61-27B-12 (C). Diane Dosal SECONDED the motion which B. Application Cases: APP Contemplated Action for violations to include, but not limited to, 61-27B-26 (D) with no proposed early resolution. Diane Dosal SECONDED the motion. Motion PASSED by APP APP Contemplated Action for violations to include, but not limited to, 61-27B-26 (D) and 61-27B-26 (H) with no proposed early resolution. Diane Dosal SECONDED the motion. Motion PASSED by

7 15-29-APP Contemplated Action for violations to include, but not limited to, 61-27B-26 (D) with no proposed early resolution. Diane Dosal SECONDED the motion. Motion PASSED by APP APP APP APP APP APP APP Contemplated Action for violations to include, but not limited to, 61-27B-26 (D) with no proposed early resolution. Diane Dosal SECONDED the motion. Motion PASSED by APP Contemplated Action for violations to include, but not limited to, 61-27B-26 (D) with no proposed early resolution. Diane Dosal SECONDED the motion. Motion PASSED by PI APP

8 PI APP APP APP IX. DETERMINE NEXT MEETING AND TIME The next meeting will be a board meeting to be held in conjunction with the upcoming hearing when scheduled. The meeting will be held in Santa Fe. X. ADJOURNMENT There being no other business to come before the Private Investigations Advisory Board, Patrick Whitney made a MOTION to adjourn the meeting at 6:00 p.m. Tony Garley SECONDED the motion, which Submitted by: John Francis, Board Administrator Date Approved by: Chris Martinez, Board Chair Date