THE eREPORT - June 2010

The Official ePublication of the National Council of Investigation & Security Services

THE eREPORT

June 2010

Announcing The eReport

An electronic monthly publication for NCISS members. We encourage you to share it with other investigative and security professionals interested in what we do. Also, our publications need your support and feedback. For comments and submissions, send an email (with a signature line)

to Don Johnson editor@nciss.org

or Francie Koehler eReport.fk@gmail.com

Message from NCISS President

You may recall an article that I wrote for the last issue of The NCISS Report, entitled The Future of Investigations. Flag

Many of you commented on it, but one reader's thoughts stood out. The commenter disagreed with my observation that, "The public's preoccupation with privacy and its desire to protect it will birth new legislation and regulations." He said, "Privacy concerns affect only those who conduct 'legal investigations' (meaning in the public sector) not those who conduct investigations in the private sector." He also made the point that if NCISS found it necessary to preoccupy itself with such issues, maybe NCISS was not the organization for him.

My instant thought was maybe he was right. Any investigator who thinks that a) legal investigations are not conducted in the private sector, and b) that respecting the privacy rights of others is not important, really should consider another organization, and, well, another profession. But most disturbing is the notion that investigators of any stripe can ignore the fact that privacy has an important impact on our profession. Take for example, Massachusetts' Office of Consumer Affairs and Business Regulation recent amendments to the already strict privacy laws of that state. In keeping with Governor Deval Patrick's commitment to balancing consumer protection with the needs of small business owners, the adjustments to Massachusetts' identity theft regulations allow some flexibility in compliance by small businesses. However, under the new risk-based approach, a business developing a written security program must take into account its size, nature of its business, the kinds of records it maintains, and the risk of identity theft posed by its operations. The bill, 201 CMR 17.00, specifies how personal information, like that contained in the typical investigative file, shall be stored, protected, encrypted, shared and destroyed. Arizona recently passed similar legislation.

Fortunately, Colorado defeated HB 1012, affectionately dubbed by our Colorado colleagues as the Anti-surveillance Bill. This ill-conceived bill, if passed, would have drastically impacted the ability of employers and insurance companies to conduct surveillance on workers' compensation claimants suspected of fraud or exaggerated disabilities. The Professional Private Investigators Association of Colorado (PPIAC) waged a heroic effort and stopped this horror in committee.

Joining together with the PPIAC in support was NCISS and the World Association of Detectives (WAD). NCISS assisted with letters sent from Council officers and members. Our legislative chairman, Jimmie Mesis, and NCISS lobbyist, Larry Sabbath of Washington, D.C., provided assistance with drafting the text for a sample letter that was distributed for use by those who wanted to voice their opposition to the bill. WAD assisted by voting to donate $1,000 to PPIAC from its legislative fund to help cover expenses associated with opposing the bill and the cost of a professional lobbyist. This was the first time anyone could recall WAD donated money to any group other than a national organization.

The members of the PPIAC and its officers were profoundly grateful for the assistance and involvement of both NCISS and WAD. NCISS thanks the PPIAC and its proud members.

My reader was likely unaware of the new laws in Massachusetts and Arizona and the battle fought in Colorado to protect the use of surveillance as an investigative tool. That sort of na�vet� is forgivable. What is not forgivable is the notion that any professional investigator does not have to be concerned with the privacy rights movement and its effect on the investigation and security sectors. Such thinking is foolish and dangerous.

Lawyers are known for saying; Bad facts make bad law. In our profession, one could say: Uninformed investigators make stupid and sometimes very expensive mistakes. Your thoughts and comments are always welcome.

In the next issue of The NCISS eReport I will report about our new NCISS website initiative and what our membership committee is doing to drive membership. Be safe out there!

Eugene F. Ferraro

President

eferraro@businesscontrols.com

Massachusetts House Acts to Alter Public Access to Criminal Records

This week lawmakers in the Massachusetts House approved legislation long sought by Governor Deval Patrick that would limit public access to the criminal records. Such records are used by investigators and employers who fear that the bill, if made law, would make it easier for former convicts hide their past and re-offend.

The bill is a stripped-down version of legislation that passed the Massachusetts Senate last November. In both bills, felony charges on a person's record would automatically be sealed and unavailable to prospective employers after 10 years, instead of 15 years under current law. Misdemeanor charges would be sealed after 5 years, rather than 10 under current law. Violent crimes, such as murder and manslaughter, would never be sealed and would be forever available to employers. Unlike the Senate bill, the House bill requires that the records of sex offenders never be sealed.

To the surprise of no one, the measure passed the House without debate, after lawmakers spent more than five hours behind closed doors. According to those close to the matter, the vote fell largely along party lines. The House and Senate versions must now be reconciled by lawmakers from both chambers before a final bill can be sent to the governor. According to NCISS legislative chairman Jimmie Mesis, "We are concerned that the bill will possibly serve as a model for other states inclined to expand the rights of those with criminal records and limit the public's access to such records." Governor Patrick is expected to pass the joint bill, says Mesis.

Contact Jimmie Mesis at jim@nciss.org

More Bad News for Employers

Last month the Equal Employment Opportunity Commission issued a new guide titled, "Understanding Waivers of Discrimination Claims in Employee Severance Agreements." The document could have more accurately been titled, "How to Sue Your Employer and Win." The document is intended to provide guidance to employees who may receive a severance agreement- and need guidance in determining whether they might have valid claim against the issuing employer.

EEOC issued the document after noting an increase in age discrimination charges filed with the Commission, and what the EEOC characterized as "recent controversial Supreme Court decisions on enforcement of the Age Discrimination in Employment Act (ADEA)."

Here are some of the highlights of what the document offers:

guidance to terminated employees who are offered severance pay in exchange for a waiver of discrimination claims;
an explanation of the purpose of severance agreements and releases, as well as the legal requirements for such agreements to be valid;
the legal requirements for a valid release of age discrimination claim under the Older Workers Benefit Protection Act;
how employees who have already a waiver releasing their employer from claims, can still file a charge of discrimination with the EEOC without first returning their severance pay.

The document even contains an Employee Checklist, advising employees of factors to consider when they are offered a severance agreement and how to handle employers that insist one be signed.

Go to http://www.eeoc.gov/policy/docs/qanda_severance-agreements.html and see this useful new document yourself.

We Hope Everyone Had a Safe Memorial Holiday

With the summer holiday season upon us, we thought it might be a good time to brush up on some good ole' flag etiquette.

When flying the U.S. flag with a state or organizational flag, the U.S. flag should be at the top of the pole in a position of honor;
When flying the flag from a staff adjacent to others, the U.S. flag should be placed in a position of honor, which is the extreme left, as the flags are most frequently viewed;
When hung from a window or against a wall, whether displayed horizontally or vertically, always display the flag such that the "union" or blue field is to the observer's left;
When displayed half-mast (half the distance from the top to the bottom of the flagpole, the center point of the U.S. flag should be aligned with the center point of the pole. If more than one flag is displayed on the pole, all additional flags should be beneath the U.S. flag and the group aligned with center point of the pole.

A U.S. flag flown upside down is a traditional signal of a maritime vessel in distress. The flag should not be flown upside down for any other reason.

Total number of U.S. service members who have given their lives to defend the flag: 1,593,124; those wounded doing so, 1,581,631 (approximately) [1775-2008].

Grandma Scammers

By Don C. Johnson, CLI

Those of us who ply our trade in Indiana know that our state's attorney general has been proactive in fighting consumer fraud. The latest news alert from AG Greg Zoeller's office came at the recent Midwest Fraud and Scam Awareness Seminar Expo at Indiana State University's Hulman Center in Terre Haute. Deputy AG Abigail Kuzma warned everyone to be on the alert for "grandma scams," where a telephone caller reaches a grandparent and says that he or she is a close friend of their grandchild, who is in desperate need for bail money, or that there has been a terrible accident and money is needed quickly for medical attention. For news on this and other consumer frauds, visit the Indiana AG's web site at www.in.gov/attorneygeneral/.

__________________________________________

Do you have interesting news about fraud fighting initiatives in your area? Send me an email and we'll publish it in The eReport

Don Johnson is co-editor of The eReport

subscribe nciss@comcast.net

In This Issue

Message from NCISS President

Massachusetts House Acts to Alter Public Access to Criminal Records

More Bad News for Employers

NCISS Hopes Everyone Had a Safe Memorial Holiday

Grandma Scammers by Don C. Johnson, CLI

Conference Vendors, Chicago, April 2010

WELCOME! New Members

Brownyard Programs - Endorsed Insurance Provider

Upcoming Events

www.nciss.org

SAVE THE DATE

Hit the Hill

September 28-30, 2010

Your Voice In the

Nation's Capitol

Thank You

Conference Vendors

Chicago, April 2010

Brownyard Programs
86 Carleton Ave.
PO Box 599
East Islip, NY 11730
P: 800-665-7304
F: 631-581-9385 info@brownyardprograms.com
Bruce Brownyard

CiNet
Critical Information Network
4101 International Parkway
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P: 972.309.4210

mary.kerr@criticalinfonet.com

Norm Willox

Competitive Edge Software, Inc. 9850 S. 54th St.
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Rebecca Roberts

The Mechanic Group, Inc.

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Pinow.com
2854 Larimer St.
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Phone: 303-433-9600
Fax: 303-292-0353
bdavis@pinow.com

Polonius Investigation Management Systems
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P: 561-515-6040
F: 561-515-6001 Rick.Shepherd@investigation-management.com

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P: +1-443-982-4586
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wad@wad.net

New Members!

WELCOME!

Lamont Aldridge - SYNC Investigative Services

Michael Alvaro - Albany Investigations & Process Services, Inc.

Michael Antonoff - Sydney R. Michael Investigations

Brandon August - Investigative Consultants International Inc.

Michael Bianco -

Christopher Bojorquez - Praetorian Investigations/Blue Praetorian

Brian Bonnar - Shield Solutions, LLC

Daniel Boyle - Boyle Daniel B.

Shannon Kay Burley - Lanza Investigations LLC

Kelly Cahalan -

Robert Caldwell - Summit Investigative Services

Mark Casey - Intelex Investigations, Inc.

Michael Cheek - Priority Plus Investigations, Inc.

David Clay -

Brad Colbert - IA International

Jose Corraliza - Security Infrastructure Solutions, Inc.

Mark Crowley - M. A. Crowley & Associates

Wesley Cunningham - Cunningham Detective Agency

Beverly Davidson - National Defender Investigator Association

Joe Epifanio - Knight Investigations

Lee Fabrizio - Interstate Investigations

John Falge - John J. Falge

Fernando Fernandez - Covert Intelligence

Rosalie Folino - J & R Folino, LLC

Gregory Fullman - Chicago Confidential Detective Agency

Anji Fussell - She Spies Private Eye, Inc.

J. Scott Glazener - J. Scott Glazener Investigations, Inc.

Tammy Hardy - T & T Investigations

Maurice Hicks - Global Investigations & Management Solutions, LLC

Frank Hughes - Hughes Protection Services

Christine Hurley - Hurley and Associates

Larry Johnson - Larry R. Johnson

James Juliano - Complete Investigations Service

Robert Kiehn - Nationwide S.I.U., Inc.

Daniel Maya - Maya & Maya Inc.

John McDermott - Confidential Investigative Associates LLC

David Meade - David J. Meade

David Nachel - O'Brien Services

Matt Neubauer - Professional Security & Investigations LLC

Michael Newberry - A R Security Services, Inc.

Michael O'Connell - Flashback Data LLC

Robert Orozco - Advanced Private Investigations, LLC

Benjamin Pe�a - Pe�a Detective Agency

Gary Sams - Hard Target Investigations

Anthony Scaletta - Nevada Investigative Services

Dave Sears - Investigation Task Force

John Turner - Simmons Security & Protection Services, Inc.

Mickey Weiser - Weiser Security Services Inc.

Todd Weller - Firstwater Investigations

Dexter Wiggins - Sir Reese Security and Investigations

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