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representing the investigative and security professions for over 36 years

 
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  THE eREPORT

October 2013 

  

MESSAGE FROM THE PRESIDENT

Jim Zimmer  

Jim Zimmer

Last month, NCISS members from across the country gathered in Boston for the NCISS annual conference. We were very fortunate this year to share the conference seminars and beautiful hotel accommodations at the Boston Park Plaza Hotel with our colleagues from the World Association of Detectives. The hospitality of Boston University for our seminars was very much appreciated. It proved to be an outstanding conference, with opportunities to network with investigators from many countries.

 

Three awards were presented at this year's conference:

 

John J. Duffy Memorial Achievement Award
2012 John J. Duffy Memorial Achievement Award Recipient

Named for our first President, John J. Duffy of Davenport, Iowa, founder of Per Mar Security Services, the "Duffy" is the Council's highest honor. The award is presented every other year to an NCISS regular member, "who by their specific deeds and accomplishments has exhibited the highest standards of conduct and service to the private investigation and security service industries."

 

In alternate years the "Duffy" is awarded to a person or entity outside the regular membership, who for their specific service, heroism or other exemplary deed is being honored by the Council.


 

 

This year, the Duffy Award was presented to John and Magi Bish.

The Molly Bish Foundation was founded twelve years ago by parents John and Magi Bish after their sixteen-year-old daughter Molly was abducted and murdered in Massachusetts. The Bish's work in child safety is legend, not just in New England, but across America. They are responsible for the founding of "Missing Children's Day," for helping to bring Amber Alert to Massachusetts and for the enactment of child safety legislation.

 

Wayne J. Wunder Memorial Award

The Wayne J. Wunder Memorial Award is given annually in memory of the late Wayne J. Wunder, security pioneer and founder of Continental Secret Service in Toledo, Ohio. The award recognizes exceptional contributions to NCISS by members who characteristically are not in the forefront in terms of recognition.

  

 

2012 Wayne J. Wunder Memorial Award Recipient

Gary Kuty of Columbus, Ohio, past president of NCISS is this year's recipient. Thank you Gary for your steadfast support!

  

Vinson Award for Outanding Service

Named for Vinson Guard Service founded by Joseph D. Vinson, Sr. is presented to a regional director for outstanding leadership, dedication, and service to the National Council of Investigation and Security Services.

 

Vinson Guard Service founded by Joseph D. Vinson, Sr. almost 50 years ago in 1963. This family owned business grew from 3 employees to more than 1,600 with 23 offices in 6 states in the Southeast. Joe Sr. was a founding member of NCISS and hosted the first conference in New Orleans in 1976. Today, J.D. Vinson, Jr., his daughter Christine Vinson, his sister and our President Maria Vinson Landry are all actively involved in the business operation. NCISS Past President Mike Meyers was a Vinson Executive Vice President, and Greg Carter is a Vinson Vice President who has served on our Board. They have all served our profession well.

 

While there were several very deserving candidates for this first annual award, the selection of Dean Beers was unanimous and well deserved.  

 

Thank you Dean for your extraordinary commitment!

 

 

 

Pictured in photo from Left to Right, are J.D. Vinson Jr., Dean Beers, Maria Vinson Landry, and Christine Vinson

 

 

This year we had great renewal numbers, and scores of new members. Your continued support is vital to our future. Thank you for your membership.

 

With the national and state elections just weeks away, I hope you all will vote for your candidates. Whatever the outcome, one thing is certain in the next legislative session, i.e. we will continue to be faced with ill-advised legislation which will take away or greatly diminish our ability to do our jobs.

 

Best regards,


Jim Zimmer, CPI

President

zimmerpi@pacbell.net 


Save The Date!

 

HIT THE HILL 2013

Mid-Term Meeting, Hit the Hill, and SAAB University     

April 15-17, 2013

(www.NCISS.org for details)

Please join PIs and security professionals from across the country and attend Hit the Hill in Washington DC, April 14-17, 2013.

 

Stay tuned for information about the NCISS 38th Annual Conference in historic Charleston, SC, in October 2013.

Capitol  

 

ELECTIONS AND YOUR 2012-2013 OFFICERS AND DIRECTORS

 

Jim Zimmer, President

 

Our elections were at the annual meeting on September 8, and I am very humbled and honored to have been voted in as the NCISS President for 2012-2013. Given the incredible talent and commitment of time and resources by the Past Presidents who have so aptly served our Council, I have some very large shoes to fill. I am very committed to providing excellent representation of private investigators and security professionals nationwide.

 

Fortunately, I have an exceptionally talented team of Officers, Regional Directors, and At Large Directors, as well as very active Past Presidents on the Board. We are well positioned to face the challenges and take advantage of the opportunities that present themselves this year.

 

My request to the new Board members, as well as our seasoned veterans, was that we re-dedicate ourselves to the vision of our founding leaders. Let's take this association to new heights, by recruiting new members in our respective regions, and heeding the call of our Legislative Committee when action on bills is needed.

 

Executive Committee: Congratulations to those hard working people who make my job easier:

  • Maria Landry, Chairperson
  • Bob Heales, 1st Vice President
  • James Huckabee, 2nd Vice President
  • Tom Shamshak, 3rd Vice President
  • Dean Beers, Secretary
  • Brad Duffy, Treasurer

Regions were merged and realigned.  The Regional Directors and At Large Directors for 2012-2013 are:

Region 1 (IL, IN, MI, KY, OH, PA, WV) 

Terry Myer (2 yr)

 

Region 2 (CT, MA, ME, NJ, NH, NY, RI, VT) 

Thomas Jackson (2 yr)

 

Region 3 (DC, DE, FL, GA, MD, NC, SC, PR, VA)

Ken Cummins (2 yr)

 

Region 4 (AL, AR, MO, LA, MS, NM, OK, TN, TX) - open (1 yr)

 

Region 5  (AZ, CO, IA, KS, MN, ND, NE, SD, UT, WI, WY)

Debbie Anderson (1 yr)

 

Region 6 (AK, CA, HI, ID, MT, OR, NV, WA )

Jennifer Maghinay (1 yr)

 

Member At Large:

Bill Fletcher  (2 yr), Dean Gluth (2 yr) and Jimmie Mesis (1 yr)  

UPDATE:  Regulatory Activities

Post-Election Congress Could Address Major Issues

The 112th Congress has postponed numerous major issues until after the November 6 election. The nation's chattering class of pundits is highlighting budget and tax matters that have been dubbed the "fiscal cliff" by Federal Reserve Chairman Ben Bernanke. Congress must deal with the expiring tax legislation in order to avert a renewed recession, and is likely to do so. But many other issues that are important to members of NCISS remain on the legislative docket. These issues may well be considered before the end of the year.

 

Many major bills are often considered at the end of a Congressional term. When this occurs after an election in a "lame duck" session, retiring and defeated members of Congress continue to vote on these pending legislation. Since most will not be facing their constituents again they may be less responsive to communications from home. For that reason we need to be especially attentive to developments on Capitol Hill as 2012 comes to a close.

 

Cybersecurity Measure May Return

Rarely do international events have an even tangential effect on legislation relevant to private investigators. But September's "denial of service" cyber-attack on major American financial institutions substantially increases the odds that Congress will address this Internet security issue. Using surreptitiously imbedded code in multiple computers world-wide, Middle Eastern hackers launched numerous hits on the banks' computers in alleged retaliation for the Internet posting of a blasphemous video. This attack made it impossible for individuals and businesses to access their bank accounts online.

 

The result of this attack is renewed interest in the cybersecurity legislation by both the President and some members of Congress. Because of this concern, the legislation could come back up during this abbreviated session. NCISS is following this legislation closely because Senate sources have said that it could serve as a vehicle for privacy amendments. We are most concerned about language in S-1207, the "Data Security andBreach Notification Act" which includes restrictions on some use of pretexting.

 

Both Houses Examining Data Brokers

The Senate Committee on Commerce, Science and Transportation has asked nine data brokers to provide the Committee with detailed information about the data they collect. In a strongly worded letter, Chairman Jay Rockefeller (D-WV) asked the brokers to describe what consumer data is collected, from what entities, and to whom it was sold. Earlier this year, Representatives Ed Markey (D-MA) and Joe Barton (R-TX), of the Congressional Privacy Caucus asked for similar information. Legislation pending in both Houses would restrict the ability to collect consumer data. Most observers do not expect such broad legislation to pass, but we must remain vigilant.

 

Courts Examining Legality of NLRB Appointments

National Labor Relations Board is facing legal challenges over the recess appointments of several Board members. In Noel Canning v. NLRB, the Coalition for a Democratic Workplace is asserting that President Obama's appointments were illegal because Congress was still holding pro forma sessions. The US constitution only permits the President to make appointments without Senate confirmation when Congress is in recess. NCISS is a member of the coalition, which earlier won a District Court decision (now on appeal) overturning NLRB rules which would have made it much easier for unions to force quick representational elections. That rule would have made it very difficult for small security firms to respond to union organizing attempts.

 

The Coalition is also filing an amicus curiae brief in a case of importance to all employers, but especially to private investigators. In Banner Health, the NLRB ruled that employers may not have a blanket policy to require employees to keep an investigation of workplace misconduct confidential. The decision is currently being appealed.

 

Larry Sabbath

Legislative Advocate

New Categories of Membership

Accepting the recommendation of the Board, the members at the annual conference unanimously approved the following new categories of membership:

  • Bronze: $99 - Only available to new applicants for one year. No voting privileges.
  • Silver:     $175 -- $35 of which goes to our legislative fund. Receives all rights and privileges of membership.
  • Gold:       $395 -- $100 of which is designated to our legislative fund. Gold members receive one free annual conference registration per year.

Membership and dues information is at http://www.nciss.org/membership/membership-information.php  


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In This Issue
Message From The President
Save The Date - Hit the Hill 2013
Elections and 2012-2013 Board
Legislative Update
ON THE ALERT!

On The Alert

NCISS continues to watch bills and pending legislation at the federal level that may impact investigative and security guard services.

To view these, and other bills, currently being tracked, and donate to the NCISS legislative fund, visit:
Larry Sabbath
Larry Sabbath Legislative Advocate

      

Jimmie at the Capitol

Jimmie Mesis Legislative Chair

The Cybersecurity Act of 2012 (S. 3414) Congress has been struggling with how to protect the Internet from cyber attacks. Senate Majority Leader Harry Reid (D-NV) has said he will bring the bill up for a vote after the election. Although the bill does not include data breach provisions as introduced, we are concerned about possible amendments. NCISS strongly opposes provisions in one such bill, S-1207, the Data Security and Breach Notification Act that would restrict certain uses of pretexting. 

 

HR 2577, the "Safe Data Act", by Representative Mary Bono Mack. Last year, the bill passed the Subcommittee on Commerce, Manufacturing and Trade, which is chaired by Rep. Bono Mack (R-CA). NCISS is opposing efforts to amend the bill to include language that would restrict certain uses of pretexting. During the Subcommittee vote, an amendment which included the pretexting provision lost by only one vote.

 

HR 1707/HR 1841   Like S 1207, these data breach bills include the language to restrict the use of pretexting in some instances. NCISS opposes the pretexting language.

 

S 772, "Secure Facilities Act" requires additional training for private guards employed by the Federal Protective Service". It has passed the Senate Homeland Security Committee. Rep. Dan Lungren (R-CA) has sponsored HR 2658, a House companion bill. NCISS opposes HR 176, which encourages replacing private security officers with federal employees.

 

HR 2168, the ''Geolocational Privacy 5 and Surveillance Act'' or the ''GPS Act'' and S 1212, "Geolocational Privacy and Surveillance Act" would restrict the use of Global Positioning Satellite tracking. NCISS opposes provisions that would prevent private investigators from using GPS devices for lawful investigative purposes.

 

S 799 "Commercial Privacy Bill of Rights Act" by Senator John Kerry (D-MA) would restrict collection of personal data and require consent in some instances. We oppose the legislation. Senate Commerce Committee Chair Jay Rockefeller recently asked for detailed information from data brokers about their sources and methods.

 

HR 611, the "Best Practices Act", Representative Bobby Rush (D-IL). This data collection bill is similar to S 799. NCISS opposes the legislation.

 

HR 321, the "Equal Employment for All Act" denies employers access to credit information. NCISS strongly opposes the bill.

 

HR 822, the "National Right to Carry Reciprocity Act" establishes a national right to carry weapons. The legislation has passed the House. It is unlikely to pass the Senate.

 

S 1199, "Protecting the Privacy of Social Security Numbers Act", by Senator Dianne Feinstein (R-CA) restricts the sale of Social Security numbers but does include an exception for "business to business" transactions. NCISS supports the "business to business" provision but supports a stronger exemption.

 

"Preserving American Privacy Act" Rep Ted Poe (R-TX) is sponsoring a bill to prevent the private use of drones for surveillance.

 

Your Membership, Your Voice ...
The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public.  

 

It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.


 

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