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MESSAGE FROM THE PRESIDENT
Jim Zimmer
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Fellow NCISS colleagues and friends,
In some respects, this year seems to be flying by. Conversely, when reflecting on all that has transpired with NCISS in the past five months, I wonder how we manage to get so much accomplished!
Returning from a very successful Hit the Hill campaign in Washington DC in April, which is a terrific month to be in our nation's capitol, I was quite proud and honored to be
associated with such an outstanding group of professional investigators and security company operators. Special thanks to Bob Heales, Francie Koehler, Larry Sabbath, and Carol Ward for putting together such a fine tuned event.
Scores of PIs and security professionals from across the country traveled to Washington at their own expense to represent our interests by lobbying their Senate and House Representatives. We let our collective voices be heard, and used the opportunity to build and better our image. Thanks to all who participated in this critical mission.
Francie Koehler made her debut as Legislation Chair - Investigations, and working with our skilled Lobbyist Larry Sabbath and an involved legislation committee, key issues were identified, and our attendees received a great briefing in advance of their Congressional appointments.
While in Washington, the NCISS Board of Directors convened to handle the business of the Council, and to brainstorm ideas to continue our growth and provide our members with networking opportunities, benefits, and of course, legislative advocacy. Special thanks to Mike Duffy for accepting my nomination to assume the duties of Legislation Chair - Security, a position which Vince Ruffolo so adeptly handled for many years until his untimely death this spring.
Many association leaders stayed an extra day to participate in SAAB University, where the theme was Steps to Grow Your Membership, Steps to Develop Your State Legislation Program, and Steps to Grow Your Association (and your business) with Social Networking. Thank you Gary Brummond for your work to put this together, and special thanks also to Francie Koehler and CALI Lobbyist Jerry Desmond for an excellent study of developing a legislative program.
A committee to locate and interview a new legislative advocate was formed and interviews of three highly qualified lobbyists were conducted. As some of you may have heard, Larry Sabbath is resigning at the end of 2013, after many years of dedicated service to the Council. The interviews went very well, and the committee was unanimous in their choice for our new advocate, who will be announced after the Executive Committee approves the selection and it is ratified by the Board. The future of our legislation program will be in very capable hands!
When I became President last September, one of my primary goals was to continue to recruit new members, and to retain existing members. The NCISS Board and members across the country have recruited over 150 new members in 2012 & 2013. The membership renewal project in March and April was crucial in terms of reaching out to unpaid members to explain the importance of their continued membership. Most Officers, Regional Directors and others helped to make these calls, and the teamwork paid off! An updated membership directory will be inserted in the Summer edition of The Report.
To continue our growth, I am challenging each member of this organization to recruit one new member between now and our Annual Conference in Charlotte, SC, October 9 - 12, 2013. Take an hour or two to contact various organizations, fellow investigators and security professionals to encourage them to join NCISS at the discounted first year rate of $99. There is strength in numbers, so your participation is vital.
Officers and Board members will be attending various conferences throughout the summer and fall, including the CALI annual conference, the PI Magazine East Coast Superconference, ASIS, NALI annual conference, TALI annual conference, ASSIST Texas, and CALSAGA, to name a few. Please keep us informed if your state association will be having a conference, and if you are willing to donate some time to staff an NCISS vendor table. These conferences have proved to be invaluable in recruiting new members.
Please continue to support NCISS by renewing your membership, if you have not already done so. For less than 50 cents a day, it is the best insurance you can buy!
Hope to see many old friends and make some new ones too at the NCISS Annual Conference in Charlotte this October. We have an excellent lineup of speakers for this combined conference with the South Carolina Association of Legal Investigators (SCALI), who is hosting the event as part of their Fall Seminar. NCISS member and former SCALI Director Vicki Childs has done an outstanding job working with our conference committee to ensure a great educational event in a beautiful city. Details and registration will be available soon on the NCISS website: www.NCISS.org
Email or call me if you would like to become more involved with NCISS, either as a member of the Board, or to assist on various committees.
Thanks for your continued support of NCISS goals and mission.
Best regards,
Jim Zimmer
NCISS President 2012-2013
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Tragedies in Boston, MA. and West, TX.
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This month we are sadly sharing some sad news for many.
On April 15, 2013 - a day no one will forget. NCISS had gathered for Hit the Hill in Washington DC and the board meeting was in full swing. Only after the board meeting did the board, and one Bostonian, learn of the tragedy unfolding.
Tom Shamshak shared the following message with NCISS and the World Association of Detectives:
"The past week is a blur. In my 62 years of living here in greater Boston and working as a cop for 21 years, I have never experienced anything quite like what occurred beginning on Patriot's Day, last Monday.
Immediately after the NCISS Board Meeting ended Monday afternoon, I returned to my hotel room and quickly received a telephone call from Dean Beers alerting that an explosion had occurred at the Finish Line of the Boston Marathon. I turned on the television and was shocked at the news. I made a few telephone calls and learned that my appointments with congressional members on Tuesday were understandably cancelled. I flew home Tuesday morning and went to Copley Square that afternoon. It was painful learning from my cop friends that a number of the casualties had lost limbs, and even more painful to learn that among the three dead was an eight year old youngster. More pain came after a young MIT police officer was killed and a Transit officer shot by the two bombing suspects. The MIT officer is from the same city where I was raised, and he was waiting to join the first police department where I began my career. The Transit officer was injured during a fierce exchange of gun fire and homemade hand grenades. I never imagined that urban cops would have to confront terrorists hurling IEDs on the streets of America. I have never seen the kind of paralysis that shuttered the city of Boston including shutting down the entire transit system. A 19 year old kid held one million people hostage for nearly 24 hours. Thankfully, he was taken into custody alive. Hopefully, an interrogation might lead to an explanation for the carnage he and his brother unleashed on Boston. The city will move forward, and kind gestures will go a long way toward the healing process."
Various agencies - from the Red Cross to the Wounded Warrior Project are helping the victims and families. The display at the Boston Bruins game was exceptional, proud and fantastic. http://youtu.be/ZzMsagY7oRs
Just two days after Boston - April 17, 2013 - an explosion in West Texas leveled a fertilizer plant, killing 15 people and seriously injuring over 160. West a town of a few thousand close-knit people, is north of Waco. We stayed in Waco on our last RV trip on our way from the NALI conference in Memphis TN to the TALI conference in Dallas. We did not see West, but the surrounding area was nice. Prior to the explosion, a fire erupted at the plant and volunteer firefighters responded, and many were caught in the explosion. The Texas Association of Licensed Investigators (TALI) has started a fundraiser for the people of West, and many TALI members have responded to help the community with public safety and avoiding the scams that follow disasters. If you are interested in helping, please contact our agency or the TALI offices (www.TALI.org).
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Introducing Michael Duffy
Per Mar Security Research Corp.
Legislative Chair - Security
 The Duffy name is familiar to NCISS members and Michael Duffy is no stranger to the needs of NCISS and the security profession. As a past president and active board member, he is prepared to oversee the legislative issues of the security services as Chair of the NCISS Legislative Committee - Security. He accepted the nomination after the passing of his friend and longtime security chair, Vince Ruffolo, in March. The good news is not much going on regarding federal legislation and security. Michael met with NCISS legislative advocate Larry Sabbath Washington DC this month and discussed the role of SCOLA (Security Companies Organized for Legislative Action) going forward. The NCISS membership for security professionals is a priority in being able to be effective.
Michael Duffy Legislative Chair, Security
563-359-3200 mduffy@permarsecurity.com
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Give Me a Little Credit
Eugene F. Ferraro, CPP, CFE, PCI, SPHR
Last month, Colorado joined eight other states-California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington-in restricting the use of credit history information for employment purposes. Effective July 1, 2013, Section 8-2-126 of the Colorado Revised Statutes will prohibit an employer's use of consumer credit information for employment purposes unless the credit information is substantially related to the individual's future or current job. The information prohibited under the statute includes any written, oral or other communication that relates to a consumer's creditworthiness, credit standing, credit capacity or credit history. In case you are wondering, the federal Fair Credit Reporting Act defines consumer as any two legged creature capable of fogging a mirror. The new prohibition encompasses credit scores, but does not limit the use of name, address, Social Security Number or date of birth beyond the existing limitations set forth in the FCRA.
Sounds good, right? Consumer protection, privacy, you name it; it's in there-besides who's not for expanding the job market? Well...I am not, at least the way this new law attempts to go about it. First a bit of disclosure; Convercent as defined by the FCRA is a consumer reporting agency and compiles consumer information for the purpose of selling it to employers for pre-employment screening purposes. Also for the record, I have never been an advocate of using credit history information for any screening purpose other than when the extension of consumer credit is considered. Back to that in a moment-my real beef here is the added regulatory burden the law (and those like it) place on commerce while providing little or no measurable benefit. In fact, the law may even harm those it hopes to help.
Removing another tool some employers use for applicant and employee screening only means those employers will now rely more heavily on the tools that remain. Chief among is criminal conviction records. Removing credit histories from the toolbox of employers who carefully and purposely used them will likely cause them to bear down harder on individuals with criminal convictions. To wit, adding misdemeanor convictions to the list of disqualifying criminal records they already consider. With misdemeanor convictions outnumbering felonies at least 10 to 1 (adding misdemeanor convictions for driving violations the ratio goes north of 100 to 1), TEN times as many people will potentially be deemed disqualified for that job or promotion. How's that for fairness?
I have said it before in these pages, but it deserves mentioning again-bad facts make bad law but employers with bad facts AND good intentions often make bad decisions that destroy their good intentions. Section 8-2-126 is a perfect example. So not only does the law have the unintended consequences of disqualifying more people from good jobs, it increases the compliance and regulatory burden of the very employers trying to hire those people. Our Colorado Governor celebrated the signing of the new law claiming it progress!
So why do I oppose using credit history for employment screening purposes? The answer is simple: credit history is not a reliable predictor of future job performance. Not only is the recipe for determining one's FICO credit score double-top secret (a future topic I promise), there is no known empirical evidence tying it to job performance. Thus employers who use credit scores for employment screening purposes are not only wasting their time and money, they are exposing themselves to costly discrimination and disparate treatment claims. The resultant unnecessary risk is frankly impossible to justify demonstrating once again bad decisions can (will) destroy good intentions.
Gene can be reached at gene.ferraro@Convercent.com
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UPDATE: Regulatory Activities
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�Hit the Hill Participants Enthusiastic
NCISS members attending the annual "Hit the Hill" program met with staff or members of Congress in scores of offices in April. Following their meetings, many enthusiastically reported their success in communicating how security and investigative professionals provide valuable services to clients and the public. Our annual "fly-in" meetings are effective tools for advising Congress about the impact of pending and potential legislation. Elected officials are most directly influenced through meeting with constituents. I want to encourage more NCISS members to attend next year's fly in. It will help us reach a larger number of members of Congress.
Weapons Legislation Derailed
Following the tragic events at Sandy Hook, numerous bills were introduced to restrict access to specific weapons, limit the number of rounds in guns and mandate criminal background checks on private weapons' sales. Each of these proposals failed on the Senate floor. The closest vote occurred on the issue of background checks, which failed to get the 60 votes necessary to end debate. After these votes, the legislation was pulled from the floor by Majority Leader Harry Reid (D-NV.) Proponents of these measures have said they may make another attempt to pass the background check provision, the least controversial issue. The SCOLA coalition advised Congress of our concern with limits on weapons and ammunition for the security and investigative profession.
Death Master File Bill Introduced
Legislation to restrict access to the Social Security Death Master File and Social Security numbers was introduced by Senator Bill Nelson (D-FL) in April. S 676 would require anyone who wants to utilize information in the Death Master File to obtain a certificate from the Department of Commerce. The process for obtaining the certification is cumbersome and it is not certain what criteria the Secretary of Commerce would use for approving certificate applicants. S 676 also includes restrictions on the sale and display of Social Security numbers. It does include a "business to business" exemption similar to previous proposals by Senator Dianne Feinstein (D-CA.) Senator Feinstein cosponsored S 676. NCISS opposes the changes to access to the Death Master file in the bill. We also prefer a more clear exemption to the SSN proposal, similar to the exemptions in the Drivers Privacy Protection Act.
Union Posting Rule Overturned
The DC Court of Appeals has overturned a mandate issued by the National Labor Relations Board (NLRB) to post a notice advising employees of the right to organize. The Court ruled that the requirement was an infringement on free speech. The lawsuit against the rule was brought by several business groups, including the "Coalition for a Democratic Workplace." NCISS is a member of the coalition. The posting notice appeared to be nothing more than an advertisement for unionization. This issue is important to the security industry, as it has been targeted by some major unions for organization.
The NLRB has lost several cases recently. A rule to speed up representational elections was overturned last year. And the DC Circuit Court has found that NLRB members had been appointed illegally when the President announced "recess" appointments while Congress was still in session. Recess appointments do not require Senate confirmation but can only be made when Congress is not meeting.
The NLRB has appealed the recess appointment decision, Noel Canning v. NLRB, to the US Supreme Court.
Congress Examining EEOC Actions
The House Education and the Workforce Committee is reviewing regulatory and enforcement actions of the Equal Employment Opportunity Commission (EEOC.) The Committee has called EEOC Chair Jacqueline Berrien to testify about the Commission's recent actions. NCISS has opposed new employer guidelines which make it difficult for employers to conduct criminal background checks on employees and job applicants. Last year the House passed an amendment that would have cut funding to the EEOC to enforce this guideline, but it did not become law.
The EEOC also has examined the use of credit reports in employment but has yet to issue a new guideline. However, Representative Steve Cohen (D-TN) has reintroduced HR 645, the "Equal Employment for All" bill.
Broad, Cybersecurity, Data Breach Bill Introduced
Representative Marsha Blackburn, (R-TN) has introduced HR 1468, the "Secure It Act." It is a broad cybersecurity bill, but also includes provisions requiring the reporting of data breaches. NCISS does not oppose these provisions, but is concerned about possible amendments. Similar legislation in the recent past has included provisions that would restrict the use of "pretexting." We will monitor these developments carefully.
NCISS will continue to keep on top of issues affecting investigators and security companies and represents members before Congress and the agencies. Larry Sabbath Legislative Advocate |
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News from Around the States
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South Carolina
The South Carolina Association of Legal Investigators (SCALI) join NCISS at the 38th NCISS Annual Conference at the Charleston Marriott in South Carolina, October 9 through 12, 2013. More information to be coming soon. Colorado The Professional Private Investigators Association of Colorado is hosting several training events - Professional Certified Investigator (May), Criminal Defense (June) and Death Investigation (August).
For more information go to http://ppiac.org
Also in Colorado, this year bill SB 13-259 was introduced for mandatory licensing and amended to mandatory registration equivalent to licensing. On May 03, 2013 this bill was killed in the last House committee. There will be another day to elevate the professionalism and consumer protection in Colorado.
Licensing of Private Investigators in Colorado remains voluntary. Thanks to all - including NCISS - in Colorado and nationally, that labored with their personal presence and letters of support.
Alabama
This year Alabama also introduced HB 197, a mandatory licensing bill for private investigators. This has passed the legislature and is awaiting signing into law by the governor.
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Dues Renewal and New Categories of Membership
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You can still Renew Membership Dues for 2013
Renew you Membership Dues and Make a Donation Today!
The next issue of The Report will be in your mailbox this summer and will include a special pull-out directory of current NCISS members. Of course a member can still renew, and new members are always welcome - but cannot be included in the pull out print directory. All members are immediately added to the online directory and listserv.
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.
Contact your Regional Director if you have any questions or need assistance. Membership and dues information is also at http://www.nciss.org/membership/membership-information.php
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Brownyard Programs - Endorsed Insurance Provider
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Brownyard Programs has developed a liability insurance program that is specifically designed for small private investigation agencies with up to 5 investigators. The program is endorsed and sponsored by the National Council of Investigation & Security Services, Inc
For details visit http://www.nciss.org/membership/membership-insurance-broker.php |
The eReport and The Report
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You are the voice of NCISS
To submit articles, special recognition and association news: Bi-monthly eReport - beersda@Forensic-Investigators.comBi-annual The Report magazine - doncjohnson@comcast.net(click to read current issue online)  NCISS The Report Spring 2013 - In This Issue:
- President's Report
- Licensing: The Colorado Story
- Stategic Alliances
- The Vinson Award
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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 Legislative Advocate
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 | Francie Koehler Legislative Chair,
Investigations
Mike Duffy Legislative Chair,
Security
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Your Membership, Your Voice ...
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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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Office Depot
Member Savings!
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The National Council of Investigation & Security Services has partnered with Office Depot� to bring you a FREE national discount program. Save up to 80% off preferred products.
Effective July 1st all online Office Depot orders will be delivered next day with a $5.95 shipping & handling charge if the order is under $50.00. All orders that are $50.00 or more will be delivered next day for free.
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NCISS Board
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Executive Council
President
Jim Zimmer
1st Vice President
Bob Heales
2nd Vice President
James Huckabee
3rd Vice President
Tom Shamshak
Secretary
Dean Beers
Treasurer
Brad Duffy
Chair
Maria
Executive Director
Carol Ward
DirectorsRegion 1 Terry Myer
Region 2
Thomas Jackson
Region 3
Ken Cummins
Region 4
Vacant
Region 5
Debbie Anderson
Region 6
Jennifer Maghinay
Members at Large
Jimmie Mesis
Dean Gluth
Bill Fletcher
David Williams
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