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SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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TRANSCRIPT OF A MEETING
OF THE
STATE OF NEVADA
PRIVATE INVESTIGATORS LICENSING BOARD
Wednesday, March 7, 2018
9:00 a.m.
Northern Nevada Location:
Office of the Attorney General
100 North Carson Street
Mock Court Room
Carson City, Nevada
Southern Nevada Location (Videoconferenced):
Grant Sawyer State Office Building
555 East Washington Avenue
Attorney General Conference Room, Suite 4500
Las Vegas, Nevada
REPORTED BY: SHANNON L. TAYLOR, CCR, CSR, RMR
Certified Court, Shorthand and Registered Merit Reporter
Nevada CCR #322, California CSR #8753, Idaho CSR #485
(775) 887-0472
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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A P P E A R A N C E S
Board Members Present:
Mark Zane, Chairman (Las Vegas)
Jim Colbert (Carson City)
Raymond Flynn (absent)
Jim Nadeau (Carson City)
Tammy Nixon (Las Vegas)
Also: Kevin Ingram (Las Vegas)
Executive Director
Rosalie Bordelove (Las Vegas)
Deputy Attorney General
Board Counsel
Lori Irizarry (Las Vegas)
Chief of Operations
Gisela Corral (Las Vegas)
Licensing Specialist
Vincent Saladino (Las Vegas)
Investigator
Shelly Donald (Las Vegas)
Investigator
Paul Maxwell (Las Vegas)
Investigator
Zachary Swarthout (Las Vegas)
Investigator
Shawn Mahan (Carson City)
Investigator
Jacquelyn Cox (Carson City)
Administrative Assistant
(continued...)
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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Other Participants:
David A. Stewart (Las Vegas)
Jack C. Fetrow (Las Vegas)
Walter P. Kodba (Las Vegas)
William H. Whitfield (Las Vegas)
Kenneth C. Huebner (Las Vegas)
David J. Nottoli (Las Vegas)
Michael P. Dorris (Las Vegas)
William L. Brattain (Las Vegas)
John G. McCluskey (Las Vegas)
Sammy J. Smith (Las Vegas)
Myra D. Cole (Las Vegas)
Victor L. Dunn (Las Vegas)
Jason R. Logsdon (Las Vegas)
Howard Bias III (Las Vegas)
Jennifer A. Logan (Las Vegas)
Wesley J. Jennings (Las Vegas)
Cary A. Imamura (Las Vegas)
Judith A. Guthrie (Las Vegas)
Eugene Brown (Las Vegas)
Timothy Todd Confair (Carson City)
Kisha Cooley (Las Vegas)
Daryl Davis (Las Vegas)
Adam Elhifny (Carson City)
Nicholas Giaquinto (Las Vegas)
Ivan Hamilton (Las Vegas)
Vincenzo Esposito (Las Vegas)
Tracy Holman (Las Vegas)
Wesley Jones (Las Vegas)
Wade Alonzo Manning (Las Vegas)
Bryan Neely (Las Vegas)
Charles Perkins (Las Vegas)
Romeo Robinson (Las Vegas)
Ronnie Junior Saunders (Las Vegas)
Mitch Stiltner (Las Vegas)
Dennis Bravo (Las Vegas)
Tyger Summerise (Las Vegas)
Steven Tayrien (Las Vegas)
Julio Chea (Las Vegas)
Darnell Morris (Las Vegas)
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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I N D E X
ITEM PAGE
1. Roll Call of Board Members 12
2. Public Comment 12
3. Review current financial report 13
4. Review and approve transcript from
December, 2017 Board meeting
"for possible action" 14
5. All applicants and witnesses to be sworn in 15
ITEMS CARRIED OVER FROM DECEMBER BOARD MEETING
6. Invictus International Holdings, LLC, dbas,
Invictus International and Invictus GS3,
license number 2282B is seeking Member approval
for Stephen F. Krueger. This is subject to all
statutory and regulatory requirements. 15
"for possible action" 179
7. David A. Stewart is requesting a change in
licensing status. Mr. Stewart is requesting
that his individual license, license number
1031AX be kept in abeyance so that he may
become the qualifying agent for Kolb, Stewart &
Associates, Inc., license number 1031.
Corporate Officers to be approved are Jill A.
Stewart and Patricia J. Hulett. This is
subject to all statutory and regulatory
requirements. "for possible action" 17
8. Donan Engineering Co., Inc. is applying for a
new corporate Private Investigator license.
Jack C. Fetrow is applying for an individual
Private Investigator license. If approved, he
is requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. Corporate Officer to be
approved is James Lyle Donan. This is subject
to all statutory and regulatory requirements.
"for possible action" 21
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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CORPORATE OFFICER
9. Drase Adjusting Services, LLC, license number
951 is seeking Corporate Officer approval for
Peggy M. Martin. This is subject to all
statutory and regulatory requirements. 23
"for possible action" 25
10. G4S Secure Solutions (USA), Inc., license
number 1563 is seeking Corporate Officer
approval for Michael J. Hogsten. This is
subject to all statutory and regulatory
requirements. "for possible action" 25
CHANGE OF LICENSING STATUS - QUALIFYING AGENT, EXISTING
CORP
11. Steven E. Boehm is requesting a change in
licensing status. Mr. Boehm is requesting
that his individual license, license number
1898BX be kept in abeyance so that he may
become the qualifying agent for Global Eagle
Security, LLC, license number 1631. This is
subject to all statutory and regulatory
requirements. "for possible action" 25
12. Neil D. Heath is requesting a change in
licensing status. Mr. Heath is requesting
that his individual license, license number
2393CX be kept in abeyance so that he may
become the qualifying agent for ProVest
Litigation Services LLC, license number 2394C.
This is subject to all statutory and
regulatory requirements.
"for possible action" 25
CHANGE OF LICENSING STATUS - QUALIFYING AGENT, NEW CORP
13. Superior Protection Services NV, LLC is
applying for a new Private Patrolman license.
If approved, Walter P. Kodba, license number
1674 is requesting that his individual license
be kept in abeyance so that he may become the
qualifying agent. Corporate Officers to be
approved are Victor V. Polek and Daniel J.
Vincent. This is subject to all statutory
and regulatory requirements.
"for possible action" 26
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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14. Bulwerks L.L.C. is applying for a new Private
Patrolman license. If approved, William H.
Whitfield, license numbers 2303B is requesting
that his individual licenses be placed into
abeyance so that he may become the qualifying
agent. Member to be approved is Kenneth C.
Huebner. This is subject to all statutory
and regulatory requirements.
"for possible action" 29
15. Vesp Consulting LLC is applying for a new
corporate Private Investigator and Private
Patrolman license. If approved, Gavin J. Vesp,
license numbers 2033A and B is requesting that
his individual licenses be placed into abeyance
so that he may become the qualifying agent.
This is subject to all statutory and regulatory
requirements. "for possible action" 25
16. Reese's Pieces, LLC is applying for a new
corporate Process Server license. If approved,
Richard R. Reese, license number 1505 is
requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. This is subject to all
statutory and regulatory requirements.
"for possible action" 25
PRIVATE INVESTIGATOR
17. Merge Investigations, Inc. is applying for a
new corporate Private Investigator License.
David J. Nottoli is applying for an individual
Private Investigator license. If approved, he
is requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. This is subject to all
statutory and regulatory requirements.
"for possible action" 37
18. Dorris & Associates LLC is applying for a new
corporate Private Investigator license.
Michael P. Dorris is applying for an individual
Private Investigator license. If approved, he
is requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. This is subject to all
statutory and regulatory requirements.
"for possible action" 39
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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19. William L. Brattain, dba, Brattain
Investigations is applying for an individual
Private Investigator license. This is subject
to all statutory and regulatory requirements.
"for possible action" 41
PRIVATE PATROLMAN
20. Brosnan Risk Consultants, Ltd. is applying for
a new corporate Private Patrolman license.
John G. McCluskey is applying for an
individual Private Patrolman license. If
approved, he is requesting that his individual
license be placed into abeyance so that he may
become the qualifying agent. Corporate Officer
to be approved is Patrick J. Brosnan. This is
subject to all statutory and regulatory
requirements. "for possible action" 45
21. Kerberos International, Inc. is applying for
a new corporate Private Patrolman license.
Sammy J. Smith is applying for an individual
Private Patrolman license. If approved, he is
requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. Corporate Officer to be
approved is Myra D. Cole. This is subject to
all statutory and regulatory requirements.
"for possible action" 48
22. R & G Securities LLC, dba, R & G Securities is
applying for a new corporate Private Patrolman
license. Garnetta Brown is applying for an
individual license. If approved, she is
requesting that her individual license be
placed into abeyance so that she may become
the qualifying agent. This is subject to all
statutory and regulatory requirements. 50
"for possible action" 191
23. 705 Investigations, LLC is applying for a new
corporate Private Patrolman license. Victor L.
Dunn is applying for an individual Private
Patrolman license. If approved, he is
requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent. This is subject to all
statutory and regulatory requirements.
"for possible action" 50
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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24. Jason R. Logsdon is applying for an individual
Private Patrolman license. If approved, he is
requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent for Marksman Security
Corporation license number 1791B. This is
subject to all statutory and regulatory
requirements. "for possible action" 52
25. Howard Bias III is applying for an individual
Private Patrolman license. If approved, he is
requesting that his individual license be
placed into abeyance so that he may become the
qualifying agent for Weiser Security Services,
Inc., license number 1400. This is subject to
all statutory and regulatory requirements.
"for possible action" 54
CANINE HANDLER
26. Veteran Global Security and Training Services
L.L.C. is applying for a new corporate Canine
Handler license. Jennifer A. Logan is applying
for an individual Canine Handler license. If
approved, she is requesting that her individual
license be placed into abeyance so that she may
become the qualifying agent. Members to be
approved are Cary A. Imamura and Wesley J.
Jennings. This is subject to all statutory and
regulatory requirements.
"for possible action" 56
27. DTA K9 Services, LLC is applying for a new
corporate Canine Handler license. Dan E.
Taylor, Jr. is applying for an individual
license. If approved, he is requesting that
his individual license be placed into abeyance
so that he may become the qualifying agent.
Member to be approved is Kimberly A. Taylor.
This is subject to all statutory and regulatory
requirements. "for possible action" 60
28. Reliance Security, Inc. is applying for a new
corporate Canine Handler license. Judith A.
Guthrie is applying for an individual Canine
Handler license. If approved, she is requesting
that her individual license be placed into
abeyance so that she may become the qualifying
agent. This is subject to all statutory and
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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regulatory requirements.
"for possible action" 60
REGISTRATION APPEALS
29. Eugene Brown applied for registration and was
denied. Mr. Brown is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 65
30. Timothy Todd Confair applied for registration
and was denied. Mr. Confair is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 67
31. Kisha Cooley applied for registration and was
denied. Ms. Cooley is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 72
32. Daryl Davis applied for registration and was
denied. Mr. Davis is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 75
33. Adam Elhifny applied for registration and was
denied. Mr. Elhifny is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 84
34. Nicholas Giaquinto applied for registration
and was denied. Mr. Giaquinto is appealing
the decision to the Board pursuant to NRS 648.
"for possible action" 92
35. Ivan Hamilton applied for registration and
was denied. Mr. Hamilton is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 104
36. Johnny Hardwick applied for registration and
was denied. Mr. Hardwick is appealing the
decision to the Board pursuant to NRS 648. 113
"for possible action" 191
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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37. Tracy Holman applied for registration and was
denied. Mr. Holman is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 114
38. Wesley Jones applied for registration and was
denied. Mr. Jones is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 117
39. Steve Larkey applied for registration and was
denied. Mr. Larkey is appealing the decision
to the Board pursuant to NRS 648. 121
"for possible action" 192
40. Wade Alonzo Manning applied for registration
and was denied. Mr. Alonzo is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 121
41. Bryan Neely applied for registration and was
denied. Mr. Neely is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 128
42. Charles Perkins applied for registration and
was denied. Mr. Perkins is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 130
43. Romeo Robinson applied for registration and
was denied. Mr. Robinson is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 135
44. Ronnie Junior Saunders applied for registration
and was denied. Mr. Saunders is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 142
45. Sarah Schayes applied for registration and was
denied. Ms. Schayes is appealing the decision
to the Board pursuant to NRS 648. 145
"for possible action" 192
46. Mitch Stiltner applied for registration and
was denied. Mr. Stiltner is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 146
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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47. Tyger Summerise applied for registration and
was denied. Mr. Summerise is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 150
48. Crystal Sunier applied for registration and
was denied. Ms. Sunier is appealing the
decision to the Board pursuant to NRS 648. 166
"for possible action" 192
49. Steven Tayrien applied for registration and
was denied. Mr. Tayrien is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 166
50. Julio Chea applied for registration and was
denied. Mr. Chea is appealing the decision
to the Board pursuant to NRS 648.
"for possible action" 169
51. Darnell Morris applied for registration and
was denied. Mr. Morris is appealing the
decision to the Board pursuant to NRS 648.
"for possible action" 175
OTHER BUSINESS
52. Board Comment and future agenda items
"for possible action" 192
53. Public Comment 204
54. Adjournment "for possible action" 205
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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CARSON CITY, NEVADA, WEDNESDAY, MARCH 7, 2018, 9:13 A.M.
-oOo-
BOARD CHAIRMAN ZANE: We'll call the meeting to
order. This is the first quarter meeting of the Private
Investigators Licensing Board. If you're not here for
that, you're in the wrong room.
The first item is the agenda is roll call of
the Board members.
MR. INGRAM: Board Member Colbert?
BOARD MEMBER COLBERT: Here.
MR. INGRAM: Board Member Nadeau?
BOARD MEMBER NADEAU: Here.
MR. INGRAM: Board Member Nixon?
BOARD MEMBER NIXON: Here.
MR. INGRAM: And Chairman Zane?
BOARD CHAIRMAN ZANE: Here.
MR. INGRAM: Ray Flynn will not be attending
the meeting today.
BOARD CHAIRMAN ZANE: Okay. The next item is
item number two, public comment.
We have a period dedicated for public comment
at the beginning of the meeting and at the end of the
meeting. So if you want to wait till the end of the
meeting to make any public comment, you're welcome to do
so. If you want to make a public comment now, you're
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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welcome to do so, so that you don't have to stay the
duration of the meeting.
Basically, public comment is anything that a
member of the public thinks that this Board needs to
hear that is not on the agenda. If you are going to
speak to an item on the agenda, you should wait till the
agenda item is up and ready for consideration, because
that's a more orderly flow.
So if there's anyone that has public comment
that you think that the Board needs to hear, if you'd
come forward.
Is there any public comment in the north?
BOARD MEMBER NADEAU: No.
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Any public comment in the
south?
Seeing none, we will move to agenda item
numbers three, and that's a review of the current
financial report.
MR. INGRAM: Thank you, Mr. Chairman. The
financial report's been provided to the Board members.
And if there's any questions, I'll be happy to answer
them.
BOARD CHAIRMAN ZANE: Are there any Board
questions regarding the report?
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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The report's available as a public record
document; is that correct?
MR. INGRAM: That is correct.
BOARD CHAIRMAN ZANE: Thank you.
Is there any public comment regarding the
financial report?
And usually we don't do a motion to accept. We
just hear what there has to be heard and move on.
Item number four, review and approve
transcripts from the December 2017 Board meeting.
Is there any Board comments about the
transcripts?
Is there a motion regarding the transcripts of
the December meeting?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair. I
move to approve the transcript for the December 2017
Board meeting.
BOARD CHAIRMAN ZANE: Thank you.
We have a motion. Is there a second?
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment regarding the motion?
All in favor, say "aye."
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
(775) 887-0472
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(Board members said "aye.")
BOARD CHAIRMAN ZANE: Opposed, say "no."
Carries unanimous.
Item number five, all applicants and witnesses
to be sworn in.
This is a point in time where if you intend to
testify or give any information with regard to an item
on the agenda, we require that that testimony or those
statements be taken under oath, under the penalty of
perjury. And so everyone who anticipates that, at this
time we do a group swear, so that we don't have to do it
one at a time as the items come up on the agenda. So if
you'd stand and raise your right hand. And counsel will
give you an oath.
MS. BORDELOVE: Do you all swear to tell the
truth, the whole truth, and nothing but the truth?
(Potential witnesses in Las Vegas and Carson
City were sworn.)
BOARD CHAIRMAN ZANE: Thank you very much.
Item number six, this falls under the category
of items carried over from December Board meeting. Item
number six is Invictus International Holdings, LLC.
Mr. Ingram, can you tell us why we brought this
back?
MR. INGRAM: Yes, Mr. Chairman. There was an
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individual that was unable to make the meeting, so we
carried this forward so that they could be present
before you today.
BOARD CHAIRMAN ZANE: Okay. Is there someone
here for item number six, Invictus International
Holdings?
Anybody in the north?
BOARD MEMBER NADEAU: No.
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: How about we'll trail
this item, since they were not here last time, they're
not here yet. Travel, whatnot, can be a problem. So
how about we trail item number six till the end of the
agenda?
MR. INGRAM: Okay.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Item number seven,
David -- excuse me.
BOARD MEMBER NADEAU: Thank you, Mr. Chair. It
seems to me that there was a question as to the
Secretary of State's filings on this corporation. Do we
have any update on that? I believe, you brought that
forward.
MR. INGRAM: Paul, do you have any update on
number six, on the Secretary of State clarification?
PRIVATE INVESTIGATORS LICENSING BOARD MEETING, 03-07-18
SHANNON L. TAYLOR, CCR, CSR, RMR
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MR. MAXWELL: (Shook head negatively.)
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
We'll just trail it.
BOARD CHAIRMAN ZANE: Thank you.
Item number seven, David Stewart? Is David
Stewart here?
MR. INGRAM: He's here.
BOARD CHAIRMAN ZANE: Come forward, please, if
you can.
Sorry to make you run the gauntlet.
MR. STEWART: I just had some surgery.
BOARD CHAIRMAN ZANE: Thank you for coming.
MR. STEWART: Thanks.
BOARD CHAIRMAN ZANE: Okay. The item, number
seven, David Stewart, was brought over from December.
Do you recall what the specific issue was?
MR. STEWART: Yes, sir. Due to the surgery.
BOARD CHAIRMAN ZANE: Okay. That's right.
Okay. Mr. Stewart, could you give us a little bit of
background and tell us what you hope to achieve through
the licensing.
MR. STEWART: Well, we've had a license here
for some time. My qualifying agent was Rich Roca. And
he resigned to form his own company. So he's up and
operating. So I want my license to be put back into
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SHANNON L. TAYLOR, CCR, CSR, RMR
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force so I can take over in the interim. We're looking
for another qualifying agent. I'm the manager for the
office right now.
BOARD CHAIRMAN ZANE: Okay. So you're just
complying with the rules to keep everything alive.
MR. STEWART: Trying to do what I'm supposed to
do.
BOARD CHAIRMAN ZANE: Is there any public
comment regarding item number seven?
Any Board comment regarding number seven?
Entertain a motion.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes, sir. Or yes, ma'am.
I'm used to Mr. Flynn.
BOARD MEMBER NIXON: Sorry. Sorry. I move
that we change licensing status for David A. Stewart and
take his license out of abeyance, license number 1031AX,
and because he'd be allowed to become the qualifying
agent for Kolb, Stewart & Associates, license number
1031. Corporate officers to be approved are Jill
Stewart and Patricia Hulett. That's it.
BOARD CHAIRMAN ZANE: Okay. We have a motion.
Do we have a second?
BOARD MEMBER NADEAU: Second, and, but may we
have discussion?
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MR. INGRAM: Mr. Chairman, if I may interrupt,
Mr. Stewart will not be taking his individual license
out of abeyance. It will be kept in abeyance. He
currently has it in abeyance. So he will not be
activating that individual. It'll stay in abeyance for
him to become the qualifying agent. I just wanted to
qualify that for the record. Thank you.
BOARD CHAIRMAN ZANE: Mr. Nadeau?
BOARD MEMBER NADEAU: There was a question last
meeting, it seems, also dealing with the Secretary of
State. And I'm not real clear. But, Chairman Zane, I
believe, you brought it up, but something about the
corporate officers that were approved in this were not
on the Secretary of State's listing. I don't remember
the exact issue, but that -- do you recall what your
question was, or what? There was a question about the
corporate officers.
BOARD CHAIRMAN ZANE: I believe, on those two,
on this particular one, I believe that there was an
issue whether or not, I think, whether or not Ms. Hulett
was a member at the time.
MR. STEWART: I think, that might have been one
of the questions. But I did buy out my partner of 35
years. And I believe that his name and his wife's name
were on the old documents. So we've got those all
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cleared up now.
BOARD CHAIRMAN ZANE: Okay.
MR. INGRAM: Mr. Maxwell confirmed that.
BOARD CHAIRMAN ZANE: What's that?
MR. INGRAM: Investigator Maxwell did confirm
that.
BOARD CHAIRMAN ZANE: Okay. Apparently, the
Secretary of State issue was resolved through staff.
Investigator Maxwell just indicated that the questions
were resolved.
BOARD MEMBER NADEAU: Great. I just wanted to
make sure that that was cleared up. Thank you,
Mr. Chair.
BOARD CHAIRMAN ZANE: Thank you, sir.
Any public comment regarding the motion?
Is there any Board comment regarding the
motion?
All in favor of the motion, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimously. Thank you for coming,
appreciate it.
MR. STEWART: Thank you.
MR. INGRAM: I hope you get to feeling better
soon.
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MR. STEWART: Yeah, thanks.
BOARD CHAIRMAN ZANE: Okay. Number eight,
Donan Engineering Company.
MR. FETROW: Yes. Hi.
BOARD CHAIRMAN ZANE: Good morning. Could you
have a seat and state your name for the record, please.
MR. FETROW: Yes. My name is Jack Fetrow.
BOARD CHAIRMAN ZANE: Okay. And what reason
did we have for bringing this over from December?
MR. FETROW: There was a mix-up internally in
our company on the dates. And my travel schedule was
scheduled in the wrong week.
BOARD CHAIRMAN ZANE: Okay. You couldn't make
it.
MR. FETROW: Well, I could have if we would
have not made a mistake.
BOARD CHAIRMAN ZANE: I see. Okay. All right.
Does staff have anything to add other than the
fact that we didn't hear it in the December meeting --
MS. DONALD: No.
BOARD CHAIRMAN ZANE: -- regarding that?
MS. DONALD: I gave it all, nothing to add.
BOARD CHAIRMAN ZANE: Okay. All right. Can
you tell us a little bit about what your company is
about and what you're hoping to do in Nevada?
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MR. FETROW: Absolutely. We are a nationwide
forensic engineering and fire investigation company. We
have recently opened offices in the western portion of
the United States, in Los Angeles, Phoenix, Seattle.
And we want to have a presence in the state of Nevada,
of course. And, of course, to do that, we must comply
with the licensure and laws. And that's what we're
doing, hoping to grow our business into the state of
Nevada.
BOARD CHAIRMAN ZANE: Okay. Is there any
public comment regarding the application, item number
eight?
Any Board comment regarding the application?
I'll entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER COLBERT: I move that Donan
Engineering Company, Inc. be approved for a new
corporate private investigator's license, and that
Jack C. Fetrow be approved for his individual private
investigator's license, and that his individual license
be placed into abeyance so he can become the qualifying
agent, and the corporate officer to be approved is James
Lyle Donan, and this subject to all statutory and
regulatory requirements.
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BOARD CHAIRMAN ZANE: Thank you.
We have a motion. Is there a second?
BOARD MEMBER NADEAU: I'll second that.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment regarding the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. FETROW: Thank you very much.
BOARD CHAIRMAN ZANE: Thank you.
MR. FETROW: And I'd like to publicly thank
Ms. Corral for all of her help, since I'm quite a few
miles away from here, and she was absolutely fantastic
to work with.
BOARD CHAIRMAN ZANE: That's great to hear.
MR. FETROW: And many times, I know people hear
when bad things happen. But when good things happen, we
appreciate that, too.
BOARD CHAIRMAN ZANE: Thank you.
MR. FETROW: Thank you.
BOARD CHAIRMAN ZANE: Item number nine,
corporate, or the heading of Corporate Officer.
BOARD MEMBER NADEAU: Mr. Chair, would you
accept a motion for a block vote?
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BOARD CHAIRMAN ZANE: Yes, sir.
Let me throw an explanation out. Mr. Nadeau is
indicating that he wants to, he would like to make a
block vote, which means that he would take any number of
these agenda items that he personally doesn't see any
issue with where there may need to not be back-and-forth
extended testimony, everything's kind of fell in line
with these applicants, according to his point of view.
And then he'll get a second probably. And then each,
well, each individual Board member has the opportunity
to pull an agenda item out of that block vote
consideration, if there's something that we individually
had that we wanted to address regarding that
application.
So if the public has anything to say about any
of these, it's important for you to listen to what
Mr. Nadeau would like to include in his block vote.
Because if we don't see any opposition to any of the
things that he's considering, this will go like
lightning, and we'll be done with all of those items.
So if you want to be heard, and you hear that number,
you better interrupt us, because we'll go ahead and
vote. Any questions?
Thank you.
Mr. Nadeau.
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BOARD MEMBER NADEAU: Mr. Chair, I move the
following items be considered in a block vote: Drase
Adjusting Services, LLC, license number 951. That was
item number nine. Item number 10, G4S Secure Solutions
(USA), Incorporated, license number 1563. Item number
11, Steven E. Boehm, changing licensing status. Item
number 12, Neil D. Heath, a change of licensing status.
Item number 15, Vesp Consulting LLC. And item number
16, Reese's Pieces, LLC.
BOARD CHAIRMAN ZANE: We have a motion. Is
there a second?
BOARD MEMBER COLBERT: Second.
BOARD MEMBER NADEAU: Mr. Chair, I probably
need to include --
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NADEAU: -- that this is subject
to all statutory and regulatory requirements.
BOARD CHAIRMAN ZANE: Thank you.
We have a motion and a second. Is there any
public comment about the agenda item numbers that were
just recited by Mr. Nadeau? Is there public comment in
the south?
I see none. Is there public comment in the
north?
BOARD MEMBER NADEAU: No, sir.
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BOARD CHAIRMAN ZANE: Thank you.
So, with that in mind, we will -- or is there
any Board comment or question regarding the block vote
on the items listed?
Okay. All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed say "no."
Carries unanimous.
So we're finished with items nine, 10, 11, 12,
15 and 16. So you're welcome to stay and participate in
your civics class, but we know you won't want to. But
thank you all for coming. I appreciate your attendance.
Feel free attend in the future.
Now, that takes us back to item, if I'm not
mistaken, item number 13, Superior Protection Services
NV, LCB. Is there someone here to speak to that agenda
item?
MR. KODBA: I am.
BOARD CHAIRMAN ZANE: Come forward, please.
If you can state your name for the record?
MR. KODBA: Walter P. Kodba.
BOARD CHAIRMAN ZANE: Okay. Mr. Kodba, could
you tell us a little bit about the change in the
corporate status of the -- or the license?
MR. KODBA: Superior is wanting to -- they have
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a corporate office in California and two in Arizona.
And they're wanting to start a business in Nevada. So
they're asking me to be the qualifying agent.
BOARD CHAIRMAN ZANE: Okay. I've got to pull
it up here. I've to pull up the application on my
computer. Is there Board questions that can...
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you Mr. Chair. I
just, in the investigation there it indicates that there
were two student loans that were outstanding and that
the investigator indicated that Mr. Kodba had worked out
an arrangement with the U.S. Department of Education. I
just wanted to confirm. And supposedly he was going
bring documentation to that effect to the meeting. And
I just wanted to follow up. Thank you.
BOARD CHAIRMAN ZANE: Thank you, sir.
MR. KODBA: Yes, I have, I have the
documentation from the student loan with me.
BOARD CHAIRMAN ZANE: Okay. If you will give
it to the investigator. Investigator Donald?
MS. DONALD: Investigator Donald. He's already
supplied it to me, and I have it. And he has a payment
plan worked out, to be on track.
BOARD CHAIRMAN ZANE: Okay.
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MS. DONALD: So he's good.
BOARD CHAIRMAN ZANE: Mr. Nadeau.
BOARD MEMBER NADEAU: No other, no other
concerns.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NADEAU: And if there's no other
Board concerns, I'd make a motion.
BOARD CHAIRMAN ZANE: Let me -- is there any
public comment regarding the license application number
13?
BOARD CHAIRMAN ZANE: Seeing none, please,
Mr. Nadeau.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
I'd move that Superior Protection Services NV, LLC be
granted a new private patrol license, that Walter P.
Kodba, license number 1674, be granted his -- that his
individual license be kept in abeyance and so that he
may become the qualifying agent for Superior Protection
Services Nevada, LLC. Corporate officers to be approved
are Victor Polek and Daniel J. Vincent. This is subject
to all statutory and regulatory requirements.
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: We have a motion. And,
Mr. Colbert, did you give a second?
BOARD MEMBER COLBERT: Yes, sir.
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BOARD CHAIRMAN ZANE: Thank you.
Is there any Board comment or questions on the
motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations. Thank
you.
MR. KODBA: Thank you. I'd also like to
publicly thank Investigator Shelly Donald and Gisela
from the PILB Board. They did a wonderful job. They
helped me through that process. And I just wanted to
thank you publicly. Thank you.
BOARD CHAIRMAN ZANE: Thank you, we appreciate
it.
Item number 14, Bulwerks L.L.C. Is there
anybody here for Bulwerks?
MR. HUEBNER: Yes.
BOARD CHAIRMAN ZANE: Have a seat.
MR. WHITFIELD: Good morning.
BOARD CHAIRMAN ZANE: Can you each, one at a
time, identify yourself?
MR. WHITFIELD: William Whitfield.
BOARD CHAIRMAN ZANE: How do you spell your
last name?
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MR. WHITFIELD: W-H-I-T-F-I-E-L-D.
BOARD CHAIRMAN ZANE: Okay.
MR. HUEBNER: Kenneth Huebner, H-U-E-B-N-E-R.
BOARD CHAIRMAN ZANE: Thank you.
Okay. What is the -- can you give us a little
bit of background and then tell us what you intend to do
with the license, if you were granted one?
MR. WHITFIELD: Well, I'm currently a PILB
license holder, an individual license, and I am going
into business with a new company, Bulwerks, and I'll
become the qualifying agent for them.
BOARD CHAIRMAN ZANE: Okay. Is there any
public comment regarding the license, or the agenda item
number 14?
None. Okay. Board comments, questions?
BOARD MEMBER COLBERT: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER COLBERT: I have a question with
Mr. Huebner there with this recent violation status on
conducting business without the license.
BOARD CHAIRMAN ZANE: Can we address that,
please?
MR. HUEBNER: Oh, yeah, you asked a specific
question. No, we actually -- it was a miscommunication.
We definitely were in the wrong. We had a company that
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needed us to come and assist them and help them. They
had a prior security company. All their employees were
in 1099 status. We came in. We thought we were able to
function already under William's license. We found out
that was not the case. We didn't try to appeal it. I
immediately paid the citation so that we were back in
the good graces.
We were not trying to do anything that we were
not supposed to do. And, hopefully, you guys will
forgive us for that miscommunication and misinformation.
BOARD CHAIRMAN ZANE: Who's the staff
investigator that worked on the citation?
Okay. The nature of the violation, is
Mr. Huebner's representation here pretty much your
thoughts on the violation, the miscommunication?
MS. DONALD: Well, I found out about it when I
ran the queue, and there was an employee that didn't
have a work card, and he stated he was working for
Bulwerks. So Investigator Saladino and I went down to
the dispensary where this guard was working at, and they
had an armed guard working down there. And we spoke
with the owners, and they had had employees working down
there. And their company, they had the company hat and
whatnot on. And, you know, they weren't licensed yet.
So they did, the owners did say that they would
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put their employees on, you know, the roster as W-2
employees. They did stop working them under Bulwerks
immediately. And we did issue the citation. And they
paid it the next day. So I felt they did, you know,
they took it seriously. They did stop working.
BOARD CHAIRMAN ZANE: Okay.
MS. DONALD: I feel like Mr. Huebner, you know,
felt he was working under Kenny's license, but I don't
know.
BOARD CHAIRMAN ZANE: Okay.
MR. INGRAM: Mr. Chairman, for the record --
BOARD CHAIRMAN ZANE: Yes.
MR. INGRAM: -- Kevin Ingram. At the time that
we issued the citation, both Mr. Huebner and
Mr. Whitfield came into the office to discuss their
application and what they were trying to, what they were
trying to do with the license. And Mr. Huebner was very
straightforward. He made the same statements to me in
my office that he made here on the record. I counseled
him and educated them on how they need to do business
and how to move forward from this. He was apologetic.
He, again, paid the citation the next day and in the
hopes that the Board would consider their request.
BOARD CHAIRMAN ZANE: Thank you.
Any other Board questions?
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Mr. Colbert, did that satisfy your request?
BOARD MEMBER COLBERT: Yes, sir, it does.
Thank you.
BOARD CHAIRMAN ZANE: Thank you.
Any other Board questions?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Did I ask for public
comment already? Yes.
Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
Mr. Whitfield, were you -- you were under
contract for Bulwerks at the time; is that correct?
MR. WHITFIELD: Not as of -- accepting work
until after this hearing.
BOARD MEMBER NADEAU: Okay. So even though you
and Mr. Huebner entered into or signed contracts in
November, you were not actually employed by Bulwerks; is
that what I'm understanding?
MR. WHITFIELD: Correct.
BOARD MEMBER NADEAU: Okay. So you were not
advising them or you were not acting as far as an
advisor, as a qualifying agent. Were you aware that
they were doing business without a license? I guess,
that's my question, were you aware they were doing
business without a license?
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MR. WHITFIELD: No, sir.
BOARD MEMBER NADEAU: Okay. And you do realize
you're under oath, right?
MR. WHITFIELD: (Nodded head affirmatively.)
BOARD MEMBER NADEAU: You swore and you took
the oath at the beginning of this meeting, correct?
MR. WHITFIELD: Yes, sir.
BOARD MEMBER NADEAU: Okay. Thank you. No
more questions, Mr. Chair.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
Entertain a motion.
Second call for a motion.
I'll make a motion that Bulwerks L.L.C., who is
applying for a new private patrol license, be approved.
William H. Whitfield, licensee number 2303B, is
requesting that his individual license be placed into
abeyance so that he may become a qualifying agent.
Member to be approved would be Kenneth C. Huebner. This
is subject to all statutory and regulatory requirements.
Is there a second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Okay. We have a motion,
and we have a second. Board comments and questions
regarding the motion?
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I have a comment. I make the motion so that
the matter can be resolved. But, secondarily, and this
has been an issue in the history of this Board, and
that's whether or not we consider a license application
at the point in time that there was previously
disciplinary action discharged and whether or not that
should interfere with the application process.
We have had different views, points of view
from legal counsel over time as to whether or not
someone that comes in, admits the violation, pays the
fine should be subject to any further type of discipline
like the postponement of any possible consideration for
license, licensure.
So it's one thing to say, well, we caught you,
and now we're going to punish you, and we're going to
stretch you out for six or eight months and maybe ruin
whatever opportunity you may have had. Would that
punishment fit the violation. We are considering some
different regulatory issues currently that would provide
us with the ability to say, for example, issue
discordsman orders, which would mean we come in and
investigate, and we'd also have the ability, once we
convicted you, to also take all the money that you got
during the period of time that you were involved in
whatever nefarious activity you were involved in. That
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could be a seriously big discipline issue.
But we don't have that right now. What we have
is we've got the ability to give you a fine. You have
the ability to fight us and appeal it and take it
through the system. And then it'll work its way
through. But, of course, you're not going to be subject
to licensure anytime soon while that appeal is pending.
So, for the most part, people that have an
issue, we decide to take disciplinary action in the form
of a citation, and they pay it, our only quandary at
this time, and you can probably feel that with the
silence with the lack of a motion, is quite possibly we
may be dealing with somebody that we might not license.
But, on the other hand, without anything additional,
further, or extraneous than what we've heard here today
or what the staff has provided us for in the application
packet and their investigation, do we move forward and
treat people with the same level of fairness and treat
them contemporaneous with the calendar.
So that's why we're here now at this juncture.
Is there any other Board comment regarding the
motion?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
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I'm going to support the motion, only based on the
testimony that the Bulwerks was not under the -- was not
being guided, I guess, by the qualifying agent. And I'm
certainly hoping that the -- now that they have a
qualifying agent, they won't be acting in this regard.
So I will support the motion.
BOARD CHAIRMAN ZANE: Thank you.
Any other Board questions, comment?
All in favor of the motion, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Thank you.
MR. WHITFIELD: Thank you.
BOARD CHAIRMAN ZANE: If I'm not mistaken,
we're moving to item number 17, Merge Investigations,
Inc.
Can you state your name, please?
MR. NOTTOLI: David Nottoli.
BOARD CHAIRMAN ZANE: Okay. And the spelling
is correct on the agenda, N-O-T-T-O-L-I?
MR. NOTTOLI: Yes.
BOARD CHAIRMAN ZANE: Okay. All right. What's
your background and what are you hoping to accomplish
with your applications?
MR. NOTTOLI: My background, I've been, I
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guess, a legal stalker for 27 years now. And I started
my own company six years ago. We have in the last six
years, we probably subbed out maybe a million dollars in
revenue to other licensed Nevada PIs, and I just thought
it's time to get that revenue back. And so we went
through the process of getting licensed and hiring our
own staff out here. Plus, I have several customers that
are doing a lot of construction work out here, and one
signed a -- it's a four-year multimillion-dollar
project, and so I feel it's better if I have my own
people out here to do that work.
BOARD CHAIRMAN ZANE: Okay. Is there any
public comment regarding the item number 17?
Don't see any in the south. Any in the north?
BOARD MEMBER NADEAU: No, sir.
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Okay. Any Board comment
regarding item number 17?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I'd move that
Merge Investigations, Inc. be approved a new corporate
private investigator's license and that David J. Nottoli
be approved for his private investigator's license, and
that his individual license be placed into abeyance so
that he may become the qualifying agent. This is
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subject to all statutory and regulatory requirements.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment or questions regarding the
motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Thank you.
MR. NOTTOLI: Thank you.
BOARD CHAIRMAN ZANE: Appreciate it.
Number 18, Dorris & Associates LLC.
Good morning.
MR. DORRIS: Good morning.
BOARD CHAIRMAN ZANE: Give us your name for the
record, please.
MR. DORRIS: Michael P. Dorris, D-O-R-R-I-S.
BOARD CHAIRMAN ZANE: Thank you. Can you tell
us a little bit about your background and what you have
planned for Nevada?
MR. DORRIS: Yes, sir. I retired from the FBI
after 26 years, at which time I was doing extensive
investigations in a lot of different fields and a lot of
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international investigations. Subsequently, I went to
work for a bank in Singapore, Credit Suisse AG, where I
managed corporate security across the Asia-Pacific
region. So I developed some experience in the security
consulting business.
Now that I've retired from both the FBI and
Credit Suisse, I would like to be able to conduct
investigations mostly internationally -- that's where
most of my client base should come from -- and also some
security consultancy, that I think I've learned how to
do both these craft over the years.
BOARD CHAIRMAN ZANE: All right. Is there any
public comment regarding item number 18 on the agenda?
Any Board comment?
Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair. I
would move that Dorris & Associates LLC be granted a new
corporate private investigator license, Michael P.
Dorris be granted his individual private investigator
license, that that license, his individual license be
placed in abeyance so that he may become the qualifying
agent for Dorris & Associates LLC. This is subject to
all statutory and regulatory requirements.
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BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Move and a second. Any
Board comment or question regarding the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations. Thank
you.
MR. DORRIS: Thank you.
BOARD CHAIRMAN ZANE: Item number 19, William
Bertain, Brattain.
MR. BRATTAIN: Brat.
BOARD CHAIRMAN ZANE: Brat. Okay. Good
morning.
MR. BRATTAIN: Good morning. Can you give us a
little bit of background and tell us what you are hoping
to accomplish?
MR. BRATTAIN: I've been a sole proprietor
private investigator for just a little over 20 years. I
worked for two different agencies before that. And what
I'd like to do is build a clientele here in Nevada and
quit traveling so much. I'm licensed in some other
states. And spend more time with my wife. So.
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BOARD CHAIRMAN ZANE: Is there any public
comment regarding agenda item number 19?
Any Board comment regarding agenda item number
19?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I just had a question.
It's probably with staff or the investigator. If your
investigation office is located in the state of Nevada,
aren't you required to have a private investigator's
license with the State of Nevada?
And I understand that, Mr. Brattain, all of
your clients are outside the State of Nevada. But did
you have a business license in the State of Nevada?
MR. BRATTAIN: No, I didn't. I operated solely
on my licensing in the other states. And I didn't
advertise here. I only did investigations in like
Arizona, Indiana, Michigan. The only thing I had here
was a P.O. box to get my payments. But I had nothing
affiliated with doing any investigations in Nevada or
advertise such advertisement for Nevada.
BOARD MEMBER NADEAU: Kevin, did you understand
my question?
MR. INGRAM: Yes, I think I did. And that was
one of the things that we reviewed. There was no
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indication of any advertisement or business actually
being conducted here in Nevada, on Nevada residents or
for companies here in Nevada. Therefore, based on the
laws and with counsel input, we felt he would not be
required to have a license here, just that he's solely
based here. If he had been advertising here, if he had
been conducting investigations here, then, by all means,
he would have needed to be licensed.
MR. BRATTAIN: Could I add something?
BOARD CHAIRMAN ZANE: Please.
MR. BRATTAIN: All right. I moved out here.
My wife is a recovering cancer patient. And this was
supposed to be a temporary thing, because they didn't
think my wife was going to survive. And she
miraculously is cancer-free. And I had always planned
on moving back to Indiana, because I have a son that
lives here with my grandkids, and she wanted to be
closer to the grandkids for that reason. And so,
basically, that's -- and now she wants to stay.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
That's all I have.
BOARD CHAIRMAN ZANE: I think, we visited this
one time briefly before, I believe, with another
licensee, Stealth Partners in Laughlin, Laughlin,
Nevada, where they are licensed in different states, but
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they get their mail and the person individually lives in
Laughlin, Nevada because of its retirement nature. But
they do no advertising, nor any type of work in Nevada,
and that type of thing.
So, I think, we broached it before. I mean
it's a fine line to dance around. But as long as you're
not doing anything untoward that we can catch you doing.
MR. BRATTAIN: I'm not.
BOARD MEMBER NADEAU: I'm good. Thank you.
BOARD CHAIRMAN ZANE: Thank you.
Any other questions?
Entertain a motion. Or do we have a motion? I
forgot.
MR. INGRAM: No.
BOARD CHAIRMAN ZANE: No motion. Okay.
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I would move
that William L. Brattain, dba, Brattain Investigations,
be approved for his individual private investigator's
license. This is subject to all statutory and
regulatory requirements.
BOARD CHAIRMAN ZANE: We have a motion. Is
there a second?
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: We have a motion and a
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second. Any Board comments or questions on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Thank you.
MR. BRATTAIN: And thank you. Thank you,
everybody. Thank you.
MR. INGRAM: Glad to hear your wife's doing
well.
MR. BRATTAIN: Yeah, thank you.
BOARD CHAIRMAN ZANE: Item number 20, Brosnan
Risk Consultants, Limited. Good morning.
MR. MCCLUSKEY: Good morning. John McCluskey.
BOARD CHAIRMAN ZANE: Okay. Mr. McCluskey, can
you tell us a little bit about your background and what
the company would like to do in Nevada?
MR. MCCLUSKEY: So Mr. Brosnan is a former NYPD
detective from the Bronx. I'm a former NYPD captain. I
moved out here a year and a half ago. His businesses
started in 1985. It's an investigative intelligence
business, security consulting as well. It's grown
tremendously over the last few years. He has recently
secured a contract with a major corporation that does
business in Nevada. And he will be taking security
operations over there. So he reached out to me and
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asked if I can become his qualifying agent, which I have
no issues with, and then I'd run his business.
As I said, I did 23 years with the NYPD.
Fourteen years I ran a bank as a director of their
investigations, on a top 10 bank in the U.S. I'm
currently doing private -- I have my private
investigator's license in Nevada. I was here last June
for that. I haven't really taken any work with that.
I'm still a regional investigator with Cash America
SuperPawn. Which I will probably be separating from
them once Mr. Brosnan has me running the business.
And he apologizes for not being here. He's got
some -- well, they have a beautiful Nor'easter, which we
don't have experience with out here. So he was unable
to attend.
BOARD CHAIRMAN ZANE: He's done very well with
that Nevada pronunciation, too.
MR. MCCLUSKEY: Yes, I always said it right.
My guy that moved up here two years prior to me never
said it right. That has been since corrected.
BOARD CHAIRMAN ZANE: Is there any public
comment regarding item number 20?
Any Board comment regarding item number 20?
Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
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BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Mr. Chair, I'd move that
Brosnan Risk Consultants, Limited be granted a new
corporate private patrol license, John G. McCluskey be
granted an individual private patrol license, and that
that license, his individual license be placed in
abeyance so that he may become the qualifying agent for
Brosnan Risk Consultants, LLP, or Limited, I guess.
Corporate officer to be approved is Patrick J. Brosnan.
This is subject to all statutory and regulatory
requirements.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Any Board comment or
question on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. MCCLUSKEY: Thank you, Mr. Chair. Thanks,
ladies and gentlemen. And also for Shelly and Gisela
for the great job that they've always done in handling
my needs quickly, and this was a time-sensitive thing,
and it was a great job by them.
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BOARD CHAIRMAN ZANE: Thank you.
MR. MCCLUSKEY: Thank you, appreciate it.
BOARD CHAIRMAN ZANE: Item number 21, Kerberos
International, Inc.?
Good morning.
MR. SMITH: Good morning.
MS. COLE: Good morning.
BOARD CHAIRMAN ZANE: Could you both state your
name for the record.
MR. SMITH: Sammy J. Smith.
MS. COLE: And Myra Cole.
BOARD CHAIRMAN ZANE: Okay. Welcome.
MS. COLE: Thank you.
BOARD CHAIRMAN ZANE: Okay. Can you give us a
little bit of background and what you'd like the company
to do out in Nevada?
MS. COLE: Yes, sir. Kerberos International is
headquartered in Texas. We have two divisions. One
specializes in these customized radio kits for the
military. And the other provides security guard
services mostly for federal facilities. So in Nevada,
we currently operate, or we have -- we're licensed in 11
states. We operate in four. There are a number of
federal facilities here in Nevada that we would like to
be able to provide security services for.
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So we are, we would be honored to be licensed.
BOARD CHAIRMAN ZANE: Is there any public
comment regarding agenda item number 21?
Public comment?
Okay. Any Board comment regarding item number
21?
Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
I'd move that Kerberos International, Incorporated be
granted a new corporate private patrol license, Sammy J.
Smith be granted an individual private patrol license,
and that that license be placed, that individual license
be placed in abeyance so Sammy J. Smith can be the
qualifying agent. Corporate officer to be approved is
Myra D. Cole. This is subject to all statutory and
regulatory requirements.
BOARD CHAIRMAN ZANE: Okay. We have a motion.
Is there a second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Okay. Any Board comment
or question on the motion?
All in favor, say "aye."
(Board members said "aye.")
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BOARD CHAIRMAN ZANE: Didn't hear the vote from
the north.
BOARD MEMBER NADEAU: Sorry. Aye.
BOARD MEMBER COLBERT: Aye.
BOARD CHAIRMAN ZANE: Okay. Any opposed, say
"no."
Carries unanimous. Congratulations. Good luck
to you.
MS. COLE: Thank you, sir. And thank you all.
BOARD CHAIRMAN ZANE: Thanks for coming.
MR. SMITH: Thank you.
BOARD CHAIRMAN ZANE: Item number 22, R & G
Securities LLC. Is there anybody here for R & G
Securities LLC?
Okay. We'll trail item number 22 to the end of
the meeting.
Item number 23, 705 Investigations, LLC?
Good morning.
MR. DUNN: Good morning.
BOARD CHAIRMAN ZANE: Can you introduce
yourself and give us a little bit of background and tell
us what you're hoping to accomplish?
MR. DUNN: Victor L. Dunn, retired Deputy
Chief, North Las Vegas Police Department, did over 25
years as police officer there. Before retirement,
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worked for the North Las Vegas Constable's Office. What
I'm hoping to accomplish now, I have obtained my PI
license, and I'm hoping to garner other licenses in
preparation of, you know, future business, businesses
that are going to be coming to the state of Nevada, you
know, the football team and, you know, other companies
and whatnot. I just want to be prepared to provide the
service for those folks coming to our lovely state.
BOARD CHAIRMAN ZANE: Okay. Any public comment
regarding item number 23?
Any Board comment regarding item number 23?
I'd entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
705 Investigations, LLC be approved a new corporate
private patrolman license, and that Victor Dunn be
approved his individual private patrolman license, and
that his individual license be placed into abeyance so
that he may become the qualifying agent. This is
subject to all statutory and regulatory requirements.
BOARD MEMBER NADEAU: Second.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
BOARD MEMBER NADEAU: Second.
BOARD CHAIRMAN ZANE: Thank you, Mr. Nadeau.
Any Board comment or question on the motion?
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BOARD MEMBER NADEAU: Just a clarification.
Did I understand you have your private investigator's
license now, already?
MR. DUNN: Yes, sir.
BOARD MEMBER NADEAU: Okay. Thank you. That
was it. Thank you, Mr. Chair.
BOARD CHAIRMAN ZANE: Thank you.
Any other questions?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. DUNN: Thank you.
BOARD CHAIRMAN ZANE: Item number 24, Jason
Longdon. Logsdon. Sorry.
MR. LOGSDON: Good morning.
BOARD CHAIRMAN ZANE: Good morning, how are
you?
MR. LOGSDON: Fine.
BOARD CHAIRMAN ZANE: Good. You're Jason?
MR. LOGSDON: I'm Jason.
BOARD CHAIRMAN ZANE: Okay. Could you give us
a little bit of background and tell us what your hopes
and plans are?
MR. LOGSDON: Sure. I've been with Marksman
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for about six years now, with my previous experience
overseeing security in facility, banking and hospitality
management. What I'm looking to do today is to be the
QA for Marksman here in Nevada.
BOARD CHAIRMAN ZANE: Okay. Any public comment
regarding item number 24? Public comment, 24?
Any Board comment on item number 24?
Entertain a motion.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes, ma'am.
BOARD MEMBER NIXON: I move to approve Jason R.
Langston --
MR. LOGSDON: Logsdon.
BOARD MEMBER NIXON: -- Logsdon --
MR. LOGSDON: Thank you.
BOARD MEMBER NIXON: -- for an individual
private patrolman license. If granted, he is requesting
that his individual license be placed in abeyance so
that he may become the qualifying agent for Marksman
Security Corporation, license number 1791B. This is
subject to all statutory and regulatory requirements.
BOARD MEMBER NADEAU: Second.
BOARD CHAIRMAN ZANE: We have a motion. And we
have a second. Any Board comment or questions regarding
the motion?
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All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Thank you.
MR. LOGSDON: Thank you, sir.
BOARD CHAIRMAN ZANE: Just to clarify the
process, we get staff reports based upon the nature of
the background that's conducted by us. So this process
is to allow somebody to bring up something that we're
not aware of, you know, whatever the case might be.
It's not that there's already a foregone conclusion
about licensure. It's just whether or not the
background has caused a Board member to have a question
that they want to air in public. So it's not as if
we've all made up our mind. It's just that we have a
lot of background information about the applicant, and
usually, sometimes we'll have some definitive questions
based upon things that maybe we disagreed with staff on
or maybe that we felt differently than staff did. And
at that point, this is the forum to air that.
So that's why we zip through here reasonably
quick, is because we're already -- everybody's done
their homework, so.
Let's see. The next item is item number 25,
Howard Bias.
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MR. BIAS: Bias, yes.
BOARD CHAIRMAN ZANE: Yeah.
MR. BIAS: Good morning.
BOARD CHAIRMAN ZANE: So can you give us a
little bit of background about yourself and what you're
hoping to do in Nevada?
MR. BIAS: Yes, sir. I've got about 15 years
security law enforcement experience. Navy, seven years
14 days, which I did law enforcement, correction, fort
protection, security. Got out, went to school and got
my bachelor's in management, criminal justice, MBA
security management, and a bachelor's in project
management. I landed a job with Weiser Security
Services. And now I'm trying, just trying to become the
qualified agent.
BOARD CHAIRMAN ZANE: Thank you for your
service.
MR. BIAS: Thank you.
BOARD CHAIRMAN ZANE: Any public comment
regarding item number 25?
Any Board comment regarding item number 25?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Howard Bias III be approved an individual private
patrolman license and that his individual license be
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placed into abeyance so that he may become the
qualifying agent for Weiser Security Services, Inc.,
license number 1400. This is subject to all statutory
and regulatory requirements.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment or question on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous.
MR. BIAS: Thank you.
BOARD CHAIRMAN ZANE: Congratulations.
MR. BIAS: Thank you, sir.
BOARD CHAIRMAN ZANE: Moving to the category of
Canine Handler, item number 26, Veteran Global Security
and Training Services L.L.C.
Good morning. Do you need a chair, or are you
all right?
MR. IMAMURA: No, sir.
BOARD CHAIRMAN ZANE: Okay. Stand near so that
we can pick you up if you have anything to say.
Can each of you introduce yourselves, please?
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MS. LOGAN: Jennifer Logan.
MR. JENNINGS: Wesley Jennings.
MR. IMAMURA: Cary Imamura.
BOARD CHAIRMAN ZANE: Could you spell that last
name?
MR. IMAMURA: Indian, Mike, alpha, Mike, union,
Romeo, alpha.
BOARD CHAIRMAN ZANE: Thank you.
Did you get that?
THE REPORTER: Yes. Thank you.
BOARD CHAIRMAN ZANE: Okay. Can you give us a
little bit of background and tell us what you're hoping
to accomplish?
MR. JENNINGS: Yes, sir. Thank you,
Mr. Chairman. And I want to thank everybody up front
for all the work they've done helping us.
So we're a couple of military veterans. Cary
and I have about 50 years of experience, primarily in
lots of high-consequence management experience in
Afghanistan and Iraq. Jenny, extensive canine training
experience. So our intent is to provide, stand up a new
company here in Las Vegas for security services to
really focus to high-consequence events.
Unfortunately, our belief is there's a new norm
in America -- shootings, bombings, people running over
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folks. That's what we have to defend ourselves against.
And our intent is to try and do that here, start here.
We think Las Vegas is particularly vulnerable in a way.
If you look at Cairo, Istanbul, their tourism business
went just to the rock bottom because of terrorist
events. And, frankly, I think Las Vegas has that same
sort of vulnerability. And we want to try and come in
there and start a new business to work that. Canines in
particular are a great way to defend against that.
So our intent as a business is to come in and
try and really focus on deter, defend and defeat
high-consequence events against the beautiful city of
Las Vegas here in Nevada. This would just be our first
step. We'd do other licensing applications after that.
Thank you, sir.
BOARD CHAIRMAN ZANE: Thank you. Anything
else?
Okay. Any public comment regarding item number
26?
Any Board comment regarding items number 26?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: And actually this is for
the investigators. And they can probably hit all three
of these at the same time. But the question is, the
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canine exam was administered, and was it passed?
MR. SALADINO: Investigator Saladino. The
canine exam was administered, and they did pass, yes.
BOARD MEMBER NADEAU: Thank you.
BOARD CHAIRMAN ZANE: Is there any other staff
comment regarding canine handlers in particular, since
we don't have too many, but it's starting to look like
we're going get some?
Okay. All right. Any other Board question?
Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
I'd move that Veteran Global Security and Training
Services L.L.C. be granted a new corporate canine
handler license, Jennifer A. Logan be granted an
individual canine handler license, and if this is
approved, that her license, individual license be placed
in abeyance so that she may become the qualifying agent.
Members to be approved are Cary Ima -- I hope I don't
mess this up -- Imamura and Wesley J. Jennings. Subject
to all statutory and regulatory requirements.
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: We have a motion. We
have a second. Do we have any Board comment or
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questions regarding the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. JENNINGS: Thank you, sir.
MS. LOGAN: Thank you.
MR. IMAMURA: Thank you.
BOARD CHAIRMAN ZANE: Item number 27, DTA K9
Services, LLC.
MR. INGRAM: We were notified late that Mr. Dan
Taylor would not be available for this meeting. He's
asked that we postpone it till the June Board meeting.
BOARD CHAIRMAN ZANE: Upon the applicant's
request, I have a motion to postpone until the next
regularly scheduled meeting of the Board. Is there a
second?
BOARD MEMBER NADEAU: I'll second.
BOARD CHAIRMAN ZANE: Any Board comment or
question on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, "no."
Carries unanimous.
Item number 28, Reliance Security, Inc.?
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Good morning.
MS. GUTHRIE: Good morning.
BOARD CHAIRMAN ZANE: Have a chair. Can you
introduce yourself, please?
MS. GUTHRIE: I'm Judith Guthrie.
BOARD CHAIRMAN ZANE: Okay. Can you give us a
little bit of background and then also let us know what
you're hoping to do?
MS. GUTHRIE: So I was actually raised with
working dogs, so I've been around dogs since I was
little, police dogs, sight dogs and that sort of thing.
From there, when I started working, I worked all sorts
of dogs, sports dogs, obedience. And then I moved back
into the working dog realm in North Carolina and in Utah
working police dogs and detection dogs for government
agencies, private companies, that sort of thing.
BOARD CHAIRMAN ZANE: Okay. Is there any
public comment regarding item number 28?
Any Board comment regarding item number 28?
BOARD MEMBER NADEAU: Again, Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Did you drive all the way
from Montello to Vegas?
MS. GUTHRIE: No, I did not. I was staying
with a friend.
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BOARD MEMBER NADEAU: Okay. You don't have to
go into everything. I was just curious. Because I know
where Montello is.
MS. GUTHRIE: Yeah, it's a bit of a drive.
BOARD MEMBER NADEAU: The other question is,
obviously, the canine exam was administered and
completed?
MR. MAXWELL: Investigator Maxwell. Yes,
Mrs. Guthrie passed the canine exam.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
BOARD CHAIRMAN ZANE: Thank you, sir.
Any other Board questions?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I'd move that
Reliance Security, Inc. be approved a new corporate
canine handler license, that Judith A. Guthrie be
approved for her individual canine handler license, and
that her individual license be placed into abeyance so
that she may become the qualifying agent. This is
subject to all statutory and regulatory requirements.
BOARD CHAIRMAN ZANE: We have a motion. Is
there a second?
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: Any Board comments or
question on the motion?
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All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations. Thank
you.
Okay. It would be this time on the agenda that
we're going to take about a 15-minute break. And then
we will proceed on to registration appeals.
* * * * *
A break was taken, 10:20 to 10:34 a.m.)
* * * * *
BOARD CHAIRMAN ZANE: All ready in the north?
BOARD MEMBER COLBERT: Yes, ready to go.
BOARD CHAIRMAN ZANE: Thank you.
Everybody here? Okay.
MR. INGRAM: All right. Just for the record,
we have legal counsel Rosalie Bordelove on a speaker
phone, so I've got that close to the mic as well.
BOARD CHAIRMAN ZANE: All right. Now we're
going to move into that portion of the agenda titled
Registration Appeals.
For those of you that have been here throughout
the morning and saw the way the process worked, this is
a little bit different. These are considered to be
adversarial proceedings. So, therefore, the public
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doesn't have any way to participate in any one of these
items. Now, if a person calls a witness or has somebody
that they want to introduce that has information that's
relative to the issue and needs to be heard, that's one
thing. The Board has the ability to call witnesses and
have testimony regarding their position on the
registration process. And the applicant has the
ability. But the public doesn't necessarily have any
input available at this stage, since it's an adversarial
portion of the proceedings. Before, you could jump up
and say I want to talk about this applicant. Here,
that's not the case.
So is there any question about that?
MR. INGRAM: Do we want to have Shannon go
ahead and swear everybody in?
BOARD CHAIRMAN ZANE: Yes, earlier we had
everybody sworn in, so that your testimony is taken
under oath, under the penalty of perjury. So we need to
make sure that everybody here that's going to be talking
or who's on the agenda or any witness that may be
brought along is also, likewise, sworn in.
So if you weren't sworn in this morning, please
stand, raise your right hand. And, hopefully, I can
impose upon the stenographer to issue an oath.
(Potential participants and witnesses in
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Las Vegas and Carson City were sworn in by the
Reporter.)
BOARD CHAIRMAN ZANE: All right. Give me a
second so I can pull up the right one.
Okay. The first item is item number 29.
That'll be Eugene Brown. Is Eugene Brown here?
MR. BROWN: Yeah.
BOARD CHAIRMAN ZANE: Please come forward.
Good morning.
MR. BROWN: Good morning.
BOARD CHAIRMAN ZANE: Have a chair.
We'll ask the staff investigator on these on
how it came to be that we're here. And the staff
investigator will give a presentation. And then the
appellant will have the opportunity to discuss it and
answer questions or give testimony, whatever the case
might be. And then the Board has the ability to
question and answer, all that kind of stuff. So that's
the process.
So at this point in time, we'd say who's the
investigator that handled Mr. Brown, and they'd say?
MS. DONALD: Investigator Donald.
BOARD CHAIRMAN ZANE: And please proceed.
MS. DONALD: At the time when I submitted the
report, we had not received Mr. Brown's fingerprints
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back. We have since received them. And there were no,
there was no new information to add. Mr. Brown did
disclose his arrest. He had been convicted around
the --
(The Reporter indicated it was difficult to
hear Ms. Donald in Las Vegas.)
MS. DONALD: Yes. So he had disclosed all of
his arrests. In 1993, he was convicted of his fourth
DUI. He was sentenced to 10 months in prison. And that
was all that he had on his arrest record. He hasn't had
anything since, and he disclosed it. And it was a
felony. That's why I had to deny him.
BOARD CHAIRMAN ZANE: Okay. Mr. Brown, do you
have anything to say?
MR. BROWN: Yes, I do. First of all, I'd like
to thank the Board for allowing me this appeal.
I haven't had any traffic infractions since
then. And I feel that I've been gainfully employed,
until my retirement, working with -- I was a healthcare
provider, dialysis technician. I worked in a hospital
atmosphere. I'm good with people. And, therefore, I
decided to apply for a guard card, to be gainfully
employed.
BOARD CHAIRMAN ZANE: Are there any Board
questions?
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Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Mr. Chair, I'd move that
Mr. Eugene Brown be granted registration and that the
denial be overturned.
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: We have a motion, and
there is a second. Any Board comment or question
regarding the motion?
BOARD MEMBER NADEAU: Mr. Chair, the time and
distance, no additional violations is all justification
for this motion. Thank you.
BOARD CHAIRMAN ZANE: Thank you, sir.
Any other Board question or comment?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Congratulations, sir.
MR. BROWN: Thank you very much.
BOARD CHAIRMAN ZANE: Thank you.
Item number 30, Timothy Todd Confair.
BOARD MEMBER COLBERT: He's up north.
BOARD CHAIRMAN ZANE: Item number 30. Okay.
Good morning.
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MR. CONFAIR: Good morning.
BOARD CHAIRMAN ZANE: Who's the investigator on
this?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Can you give us a
briefing, please?
MR. MAXWELL: Yes. Mr. Confair was not made
provisional in Nevada. In 2000, he was charged with
felony embezzlement, to which he pled guilty and
received a suspended sentence. The applicant did
disclose the arrest, and it was confirmed with the
fingerprint report.
BOARD CHAIRMAN ZANE: Mr. Confair, is there
anything that you'd like to discuss regarding the
conviction?
MR. CONFAIR: First of all, I'd like to say
thank you for hearing my appeal. I appreciate that. I
know you all have a busy schedule.
In the investigation, when I did make my
mistake in 2000, I cooperated with the police every step
of the way during the investigation. I paid back the
court-ordered restitution, and I completed all the
criteria that they gave me. And I've maintained my -- I
haven't done anything wrong since then, you know. I've
tried, you know, to just be a good citizen, a good
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person. And I've raised two kids. And I haven't, you
know, I haven't done anything wrong.
I feel like I deserve a second chance. I don't
want to act like I'm entitled to it. But, like I said,
I appreciate you all's time on this. And, you know, if
I get my card, guard card, I've got a really good job
lined up with Securitas, and that's kind of what I'm
going for.
BOARD CHAIRMAN ZANE: Thank you.
Is there any Board questions?
When were you completely off paper, when were
you all done with the criminal justice program?
MR. CONFAIR: Well, because the restitution
took me a minute to pay back, it was probably '05. That
would be my best guess. I don't know the exact date.
BOARD CHAIRMAN ZANE: Okay. And what was the
nature of the act itself, what did they charge you with
doing?
MR. CONFAIR: It was embezzlement through
Boomtown. And I don't know all the criteria. It wasn't
my idea. I ended up wearing a wire on the person that
was in charge, and he got caught because of it.
BOARD CHAIRMAN ZANE: Thank you.
MR. CONFAIR: I'm not that smart. I don't know
that much how to, how to hide the money from anything
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like that, you know, I have no idea.
BOARD CHAIRMAN ZANE: Well, that was --
MR. CONFAIR: It was two credit cards, I know
that.
BOARD CHAIRMAN ZANE: Well, how do we make the
public feel comfortable if we're giving you a guard card
to protect something that you previously took off with?
MR. CONFAIR: Because I'm not that kind of
person. I learned my lesson, and I haven't done
anything wrong in almost two decades. I've been living
a clean life. And I don't break the law. I don't want
to end up in jail. I don't want anybody to not trust
me. My word is -- it's got to mean something. And for
the past two decades, it has, or almost two decades, it
has.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NIXON: What have you been doing
for employment since?
MR. CONFAIR: Mainly working in warehouses. I
am certified to operate a forklift. And, you know,
warehouses, they'll do a background check, but it
usually only goes back, you know, seven to 10 years, or
whatever.
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BOARD MEMBER NIXON: Okay.
BOARD CHAIRMAN ZANE: Any other Board
questions, comments?
MR. CONFAIR: I'd like to say I'm sorry for
what I've done. I know that that's not me. And that's
not how I live my life anymore. I don't want to be that
person. That's not me. And I hope I could put you at
ease.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions, comments?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Timothy Todd Confair, his denial be reversed based upon
time and space and no further issues with law
enforcement since this time.
BOARD CHAIRMAN ZANE: There's a motion. Is
there a second?
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board discussion on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. CONFAIR: Thank you very much. I
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appreciate it. That's awesome.
BOARD MEMBER NADEAU: You're done.
BOARD MEMBER COLBERT: You're done. Thank you.
MR. CONFAIR: Thank you very much.
BOARD CHAIRMAN ZANE: Item number 31, Kisha
Cooley?
Good morning.
MS. COOLEY: Good morning.
BOARD CHAIRMAN ZANE: Have a chair, please.
Who's the investigator on this?
MS. DONALD: Investigator Donald.
BOARD CHAIRMAN ZANE: Please.
MS. DONALD: I attached a spreadsheet to the
report. The applicant failed to disclose any arrests.
She stated on her denial letter that because she got
married she didn't know she was supposed to report any
since her name changed. She had 51 undisclosed arrests;
however, none of them appear to be felonies.
BOARD CHAIRMAN ZANE: Okay. Ms. Cooley, was
there something in the process -- well, actually, can
you respond to that?
MS. COOLEY: My arrests?
BOARD CHAIRMAN ZANE: Yes, how come you didn't
list all your arrests?
MS. COOLEY: Because I changed my last name,
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and I didn't know that they had to go there, under a new
last name. So I didn't put it. It wasn't I -- it
wasn't something I was hiding. I just didn't know.
BOARD CHAIRMAN ZANE: Okay.
MS. COOLEY: And if from the past, my past,
that I changed my life. I got married. I just had two
kids, two more kids, twins. So I don't live that life
no more.
BOARD CHAIRMAN ZANE: Okay.
MS. COOLEY: That's the past life that I lived.
And I moved out here to get my life better. And I've
been doing, I've been working at U.S. Security
Associates in California since August. And before that,
I was doing in-home care for an elderly lady. So I
moved here to change my life for me and my four kids.
BOARD CHAIRMAN ZANE: Was there some part of
the application process where it led you to believe that
you didn't need to disclose your criminal history past,
although you've changed your name?
MS. COOLEY: Yeah, but it -- yes. I mean I
didn't know if I was supposed to put it, because my last
name is changed. But it wasn't like I was hiding it,
because I knew it was going to come up when they ran my
name. I just didn't know if I was supposed to state it.
That was the only reason. Like California, I would not
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put it on the application in California. I was under a
last name, my new last name, and I didn't put it there.
BOARD CHAIRMAN ZANE: Okay.
MS. COOLEY: And I have a guard card in
California still, to this day.
BOARD CHAIRMAN ZANE: Okay. Anything else?
MS. COOLEY: Well, I just wanted to be able to
go to work and take care of my family and provide for my
kids.
BOARD CHAIRMAN ZANE: Okay.
MS. COOLEY: And, B, instead of me going back
to California every Sunday to go to work, I want to just
stay at home and be able to go to work from here, doing
security, like I've been doing in California. Like
that's a big gap between. I could be home for two days,
and then I have to go back to California for another
five days. That's inconvenient for my kids, you know.
Like I'm really trying to change my life. I
know I have a past, and I know it's a lot. But I'm
willing to change my life as I've been changing my life.
It doesn't happen overnight, if you guys give me a
second chance to prove it to you that I'm a better
person. I don't live that life that I was living
before.
BOARD CHAIRMAN ZANE: All right. Any other
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Board questions?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Kisha Cooley, her denial be upheld based upon her
failure to disclose and a history of failure to comply
with law enforcement over the years.
BOARD CHAIRMAN ZANE: Okay. Is there a second?
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board comment or question regarding
the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Okay. Unfortunately, the appeal has been
denied. You can reapply for consideration in a year.
At that point, you'd want to make sure to make full
disclosure on the application, no matter what your name
might be.
MS. COOLEY: All right.
BOARD CHAIRMAN ZANE: All right. Thank you.
Darryl Davis, item number 32.
Good morning.
MR. DAVIS: Good morning.
BOARD CHAIRMAN ZANE: How are you?
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Who's the investigator?
MS. SALADINO: Investigator Saladino.
BOARD CHAIRMAN ZANE: Please.
MR. SALADINO: The applicant was denied for a
June 2nd, 2017 misdemeanor CCW in vehicle, where the
applicant received three years of probation and 120 days
suspended sentence from jail. And he's currently on
probation for the misdemeanor CCW charge.
BOARD CHAIRMAN ZANE: Okay. Mr. Davis, can you
tell us a little bit about the circumstances surrounding
your arrest and ultimate conviction?
MR. DAVIS: Well, at the time, I was homeless
in Pasadena, California. And I had just gotten my gun,
my gun license, which I could show you right now. I had
a gun license. So I just purchased a gun license, and I
decided to buy a gun from somebody but didn't check out
the background on the gun, so, and it came back stolen.
So the gun was in my home, in my car with all of my
stuff, because I didn't have nowhere to put it.
Everything I had, it was in my car.
I got stopped at 7:00, 8:00 in the morning for
a taillight. So they took me out of my car and
everything. And I even showed them my gun license, and
I'm like, "Man, you guys can take the gun, like I don't
care, but I have a gun license." It's not like I'm just
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riding around with stolen guns or anything. So they
take me to jail. They said it was concealed. But
everything was just how I did it with the rules and the
gun laws in California. My clip was away from the gun.
It was all separate.
So I don't know what this, I don't know why
they gave me the concealed. What you guys tell me now,
I didn't even know it was that deep. I thought I was on
summary, I always thought I was on summary in the court.
So I didn't know I was on like CCW probation. I
wouldn't even like, I probably wouldn't even have tried
to like come, because that's like kind of serious. And
he already told me about the probation thing. So it's
like, it's crazy.
BOARD CHAIRMAN ZANE: Were you represented by
an attorney in the case?
MR. DAVIS: No, I wasn't represented by an
attorney in the case.
BOARD CHAIRMAN ZANE: Okay.
MR. DAVIS: But, like I said, I mean I got my
gun license. And I've never had a felony. I've never
had a misdemeanor, too. I've been doing security since
2014. This year, they all let me work for about three
months. So I'm thinking everything is okay. I'm
thinking I'm on summary probation. I talked to people,
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and they said, "Okay. It's okay. You're on summary
probation." And then I get the denial letter. And the
next thing you know, I can't do anything at all for
Christmas. I have a one -- I mean I have a six-year-old
son. I couldn't do anything for him for Christmas. I
couldn't do anything.
And this is the first time I ever got in
trouble and with the law. And then, too, I have a gun
license to back up my case. But it just seemed like
they didn't want to take that into consideration in the
court, so.
Basically, that's all I want to say. Besides
that I'm on probation, I'm not a bad person. I've never
gotten in trouble. I have no felonies on my record or
misdemeanors. So that's all I got to say.
(Cell phone ringing.)
MR. DAVIS: Sorry.
BOARD CHAIRMAN ZANE: How long are you on paper
for, when did this thing get resolved?
MR. DAVIS: Well, 120 days, and it's already
up. That's for sure.
BOARD CHAIRMAN ZANE: Well, that was the
suspended sentence. But that comes back into play if
you violate the terms of your probation. So it's never
up until you're done, because if you violate, you go to
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jail for 120 days.
MR. DAVIS: Yeah, and I haven't got in trouble.
I'm not a troublemaker. I don't get in trouble. The
only reason why I got caught up like that, because I was
homeless and living out my car. I had two jobs living
out of my car. I couldn't live with my aunt because she
was on Section 8. And you know how that goes. My mom
is damn near homeless. I can't stay with my mother. So
I'm out there. I've just been trying to get everything
by myself.
BOARD CHAIRMAN ZANE: Right.
MR. DAVIS: And after I went to jail, I came
out here, because I was homeless, to my cousin's house.
And he said I -- he was already doing security. He
said, "I got a security company I can put you. You just
need to get your guard card and everything." And I got
my guard card in California right now. So I came out
here so I wouldn't be sleeping on the streets. Came out
here, went and applied for my guard card. I had a
hundred dollars. Somebody helped me with the other
hundred. I got my guard card. They said I can work
for three months, whatever, the probation period. And
I've been working. I haven't been in trouble. It's
been 10 months now. I haven't gotten into no police
contact.
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BOARD CHAIRMAN ZANE: What California agency?
I mean you said you had a California guard card. But
that was before you got in trouble, right? You got the
guard card before you got in trouble?
MR. DAVIS: Yeah, I got it before I got in
trouble.
BOARD CHAIRMAN ZANE: Okay.
MR. DAVIS: I got my guard card and my gun
license. Before, I didn't have it.
BOARD CHAIRMAN ZANE: Okay.
MR. DAVIS: Like I said, it was just an
unfortunate event that I got caught up in my car, being
homeless, and I had to have all my stuff with me.
BOARD CHAIRMAN ZANE: Okay. Then, it's your
position, you say you have a concealed weapons permit?
MR. DAVIS: I don't have a -- I have a gun
license, a gun registration.
BOARD CHAIRMAN ZANE: A gun registration.
Okay.
MR. DAVIS: But, like I said, I wasn't trying
to conceal nothing.
BOARD CHAIRMAN ZANE: Right.
MR. DAVIS: Everything was how the law was
supposed to be, the gun law supposed to be, because I
had the clip away from the gun and no bullets, and
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everything was just how it was. The clip wasn't in the
gun, and it wasn't loaded, nothing. I just had the gun
in my trunk, because, and I even told the police that
like, "I'm homeless. All of my stuff is there." They
went through my -- I had two, three bags of clothes in
there and everything. Basically, that was my apartment.
BOARD CHAIRMAN ZANE: I'm not able to pull it
up. What does the rap sheet indicate as the actual?
MR. SALADINO: The original charge started off
as grand theft of a firearm, and then it got reduced
down to the misdemeanor CCW.
BOARD CHAIRMAN ZANE: So the gun you bought
ended up being stolen?
MR. DAVIS: Yeah. And, you see, they reduced
it because, I guess, I showed them my gun registration.
I have a gun registration. So they reduced it to being
concealed. But I wasn't concealing when it's in my car.
Like where was I supposed to have it, on me?
BOARD CHAIRMAN ZANE: Okay. So the conviction
is for a misdemeanor?
MR. SALADINO: Yes, sir.
MR. DAVIS: It's crazy.
BOARD CHAIRMAN ZANE: So according to what
information we have, when would he be done with the
system?
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MR. SALADINO: It would be June, June of 2020.
BOARD CHAIRMAN ZANE: June of 2020.
MR. DAVIS: And now I want to say I appreciate
you all giving me the appeal and to speak my piece,
because I just felt like I was just down in a different
way. So I'm glad you all were giving me an appeal and
letting me talk to you guys. I appreciate that.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
MR. DAVIS: No matter the outcome.
BOARD CHAIRMAN ZANE: For me, you kind of
present a quandary. Because as a general rule, we've
hold that if you're in the middle of a criminal justice
incident, that we don't give you a lot of consideration
until that is expired, you know. Not even a compelling
case for the fact that if they had the goods on you,
they would have charged you and you'd be doing time
right now for that particular type of charge.
MR. DAVIS: Yeah.
BOARD CHAIRMAN ZANE: You know, and the fact
that it went all the way down to a misdemeanor
violation. I mean that would be the judge's position
that they could summarily, as you put it, give you a
fine and, you know, somebody who wanted to make sure
that you were on the hook for a little while. So that's
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a quandary that I have is whether or not you should be
given the opportunity to work in a security field or
related field while you're pending a misdemeanor
criminal conviction matter.
MR. DAVIS: And, like I say, I've been doing
security from '14, since 2014, and I have never had an
issue. That's how I supported my son. This is the
first year I've couldn't really, I didn't even see him
for Christmas, and I just...
BOARD CHAIRMAN ZANE: Well, for me, I got to
set aside -- I understand the hardship, but I got to set
it aside, because there's a lot of people that we deal
with, and a lot of them are under some criminal penalty,
and they've had a hard time as well, but.
Any other Board questions?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I'd move that
Daryl Davis' denial be upheld based upon the fact that
he's still currently on probation.
BOARD MEMBER NADEAU: I'll second that motion.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second? Okay. We have a motion and a second.
Any Board comment or questions regarding the motion?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
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BOARD MEMBER NADEAU: Thank you, Mr. Chair.
This Board has consistently tried to give someone an
opportunity. But we have consistently held that if
someone is currently serving probation or some type of
court supervision or something of that nature, that we
will uphold the denial.
BOARD CHAIRMAN ZANE: Any other Board
questions, comment?
All in favor of the motion, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Passes unanimous. Sorry. You're eligible to
reapply in a year.
MR. DAVIS: In a year?
BOARD CHAIRMAN ZANE: Yes.
MR. DAVIS: Thank you. Appreciate it.
BOARD CHAIRMAN ZANE: Number 33, Adam -- help
me out here. Adam.
MR. ELHIFNY: Elhifny.
BOARD CHAIRMAN ZANE: Elhifny?
BOARD MEMBER COLBERT: Yes, sir. He's up
north.
BOARD CHAIRMAN ZANE: Thank you.
Who's the investigator?
MR. SALADINO: Investigator Saladino.
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BOARD CHAIRMAN ZANE: Please.
MR. SALADINO: The applicant was denied for a
two thousand -- let's see. It was a 2007 grand larceny
where he received 12 to 32 months in NSP. And also for
a weapons charge in '05 for possession of nunchucks
where it was a gross misdemeanor, and it was later
reduced to breach of peace.
BOARD CHAIRMAN ZANE: Okay. Can you tell us
about the criminal history?
MR. ELHIFNY: Yes, Mr. Chairman. The
possession of nunchucks got dropped down. It was
actually just a minor pocketknife, one of those ones you
can buy at a 7-Eleven. And I'm not sure why the
arresting officer kind of wrote it up like that.
The following convictions were more serious. I
did have a serious drug problem I developed since a
teenage age that moved into my 20s, and it's gotten me
in into a lot of serious trouble.
Since, since the last conviction, since the
last time I've been to prison, I've been sentenced to
house arrest, rehab, adult drug court, probation,
parole. And I've completed everything. And not only
completed it, I've completed one of the toughest adult
drug court outpatient programs here in Nevada with
honors. And I've actually been offered employment with
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that adult drug court program to help other ex-felons
and recovering drug addicts, in that industry.
Since, since that time, I've maintained gainful
employment, constantly. I'm currently a heavy equipment
operator with the Operating Engineers Union, Local 3,
and I have been for the last year.
I've turned down the employment opportunity to
work with the adult drug court program only because at
time I was already making more money than what they'd
offered me. But I've been volunteering with them since.
And I'm currently a board member on the steering
committee for a violence prevention program called
United Against Violence here locally in Reno, Nevada.
I just moved out here in Carson City. We've,
I've just bought a house out here in Carson City, and
I've moved out here since. I have a list of character
reference letters, everything from my probation officer
that was supervising me, to my case manager through my
adult drug court program, and my drug and alcohol abuse
counselor, all the way to current and previous employers
as well.
And I can honestly say that life is definitely
behind me. Employment isn't the issue for me,
Mr. Chairman. It's I have a passion for this industry.
I was good at being a bad guy, or I thought I was back
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then. But I found out very quickly I make a better good
guy. And I would like to get into security consulting
to help prevent future incidents and to bring the
adversarial mindset to the industry. I have a great
passion for the industry.
I have a list of accomplishments and
certifications that I have accomplished, that I
submitted to the Board. I'm not sure if you guys have
that, but I have another copy of that, along with a list
of character reference letters as well.
BOARD CHAIRMAN ZANE: Okay. Thank you.
Any Board questions?
BOARD MEMBER NADEAU: Mr. Chairman?
BOARD CHAIRMAN ZANE: Please.
BOARD MEMBER NADEAU: Thank you, Mr. Chairman.
So there's a selling there for you, Schedule 1
and 2 controlled substance. What were you -- and that
was -- we don't have a disposition on that. Was that
just tied into the conspiracy to commit grand larceny,
or what?
MR. ELHIFNY: I was in possession of a
controlled substance. And they did try to say that
there was a -- you know, the amount that I had with me,
they said it's not just personal use, you have to be
selling it.
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BOARD MEMBER NADEAU: Okay.
MR. ELHIFNY: And like I did say, I was in a
dark place in my past, and I did have serious issues,
absolutely.
BOARD MEMBER NADEAU: What was the disposition
of that charge?
MR. ELHIFNY: It got dropped down to these
charges. I do have a fingerprint FBI background
printout of my history. What they did was they -- that
final disposition, they said rehab; upon completion of
rehab, to be released into adult drug court program
while on house arrest. No. Sorry. Before the house
arrest, I had to do a halfway house. And upon
completion of the halfway house, I had to do the house
arrest.
The adult drug court program, when I entered
it, had a 97 failure percent ratio when I entered it.
And I'm shocked that I passed it actually. It was just
one of the toughest things I've ever done, between the
counseling, the therapy, the groups, the meetings, check
in, check out, ongoing drug testing. I think that a
sober person would have a hard time completing that
program. But by the grace of God, I was able to get
through it and come out a better man for it.
BOARD MEMBER NADEAU: Thank you.
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BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes, ma'am.
BOARD MEMBER NIXON: On the investigator's
summary, it says that you were issued a cease and desist
letter, that you were advertising on Craigslist to be a
bodyguard?
MR. ELHIFNY: Yes. So I was working just as a
bouncer. And I sought out more and more training. I
got training in executive protection, security
consulting, crisis management, disaster recovery. And
I've traveled for this training, and it's costed me a
lot of money. Unfortunately, and this was due to my
negligence, I did not do my due diligence. And just,
you know, being so pumped up about the industry, I
didn't do the proper research, and I was not aware that
I had to, had to have a PPO license. As soon as the
investigating officer did call me and give me that cease
and desist, I immediately went straight down to the PILB
Board and applied for a work card.
And if granted the opportunity, I would like to
continue to further in my -- in the field the right way.
And that's why I am here today, to do things the right
way, and to not only further my interest in the career,
but to further the Board, you know, to further, to
further the industry, industry as well.
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BOARD CHAIRMAN ZANE: Okay. Anything further,
any other questions?
I'm not able to pull it up on mine. When was
he done with all of his conviction responsibilities and
sentencing and probations?
MR. ELHIFNY: I kind of --
MR. SALADINO: It's 2013.
BOARD CHAIRMAN ZANE: And you said?
MR. SALADINO: It's 2013.
BOARD CHAIRMAN ZANE: 2013. Okay.
Any other Board questions?
Entertain a motion.
Second call for a motion.
BOARD MEMBER COLBERT: Mr. Chair, I'd move that
Adam Elhifny's denial be reversed, and based upon all
the information he's presented here today and that
there's been no further issues since that date and time,
and it was all disclosed to the Board.
BOARD CHAIRMAN ZANE: Is there a second?
BOARD MEMBER NIXON: I'll second based on time.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board discussion on the motion?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I'm going to support the
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motion in this case. I think, the applicant has been
forthright, or at least appears to be forthright, and
disclosed all the information. He's -- it looks like
he's trying to turn things around. And so for that
reason, I'll support the motion.
BOARD CHAIRMAN ZANE: Any other Board comment
or question?
And I would -- I will not support the motion,
based upon a lack of time and the boldness of the
previous criminal history. I fully understand the
motion itself. But with the secondary approach with
regard to the cease and desist, that causes me some
issue. So I won't be supporting it. But I understand
the motion. So.
Any other Board questions, comments?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
No.
Carries three to one. Congratulations.
MR. ELHIFNY: Thank you, Mr. Chairman.
BOARD CHAIRMAN ZANE: You're welcome.
MR. ELHIFNY: Thank you, sir.
BOARD MEMBER COLBERT: Don't let us down.
MR. ELHIFNY: I won't. Thank you.
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BOARD CHAIRMAN ZANE: Item number 34, Nicholas
Giaquinto ("Gee-ah-kwin-toe").
MR. GIAQUINTO: "Jee-ah-kwin-toe."
BOARD CHAIRMAN ZANE: Giaquinto. Good morning.
MR. GIAQUINTO: Good morning.
BOARD CHAIRMAN ZANE: Okay. Who was the
investigator?
MR. SALADINO: Investigator Saladino.
BOARD CHAIRMAN ZANE: Please.
MR. SALADINO: The applicant was denied for a
2005 felony aggravated arson. The applicant did
disclose it. And he received five years of probation
for it.
BOARD CHAIRMAN ZANE: Can you tell us a little
something about that?
MR. GIAQUINTO: Absolutely. So, at the time, I
just got out of high school, 2004. I was already taking
several medications for my ADHD, ADD and depression.
And at the time of me being in high school, my curiosity
of history was at a peak, so I was doing multiple
things, like going into abandoned buildings to
investigate history for myself, by writing down things.
And I became attached to a ShopRite that was around the
corner from my current living in Lakehurst, New Jersey,
where I proceeded to, you know, go in there on a daily
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basis, de-stress, because sometimes my mental would kick
in, you know, to the fullest extent. And I get
depressed, and this would cheer me up, because I would
have memory from the loss of my grandpa.
Come 2005, I found out that they were knocking
the building down. There were several other issues
going on, and which, also, one of them was my
psychiatrist or -- yeah, psychiatrist then kind of went
on vacation, so I could not get any of my meds. And it
was a tough imbalance between just about to start
college back up again for my graphic design degree.
And I, I guess you could say, flipped the
switch. I ended up, you know, talking to a friend who I
was on good terms with, but he was a very disturbed
individual, even when I knew him in high school, and it
kind of gave me the push to, you know, use a little
fire, to like, you know, just set -- let's set
something, you know, on fire, not necessarily burn the
building down, but to, you know, set a pallet or
something by the ShopRite, do something.
So I -- my reasoning wasn't intact at the time.
I was 19. So we went in there with only the intention
to actually only burn, you know, a pallet, you know,
which we did. We were just unaware that it caught, you
know, all the wires and everything that was kind of
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hanging down from the ceiling and ended up burning the
building with it. No one was injured in the process,
but I was caught. Let's see. I committed the act at
like 8:00 or 9:00 o'clock at night, was caught at 2:00
in the morning.
I complied with the police. Because at the
time before this, when I was in high school, I had made
a small group for myself. We were wanting to be,
wanting to be a vigilante group that would want to do
good. You know, we've always heard, you know, people
getting into fights, all kinds of weird noises around
the town that indicated that people were in trouble. So
we wanted to do something like that.
So I wasn't -- I didn't fight with the police.
I knew I was caught. And I was straight up about what
happened. Me and my friend ended up going to jail,
where I was in there for three months before I was
bailed out.
And since then, you know, I learned that I --
I've been -- I was on medication up until I came out
here, in which case I had a gentleman, who I'm living
with, who we were living with, with my girlfriend at the
time, now my wife, showed me what I'm missing in my
life. Outside counseling that I'm doing and the
counseling I was doing during my probation, I feel like
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I had the new control that I didn't have before, when I
was on the medication, in which case now I want to do
some good for the community like I've been doing
without, that I was doing without the private
investigator part.
I've taken time, I take time to help friends
who I've known that were on drugs that are now off them.
I've been there for shoulders to cry on. I just want to
do some good in the community by taking this card, and
show the community that I am a different person.
This has bound me from background checks to
better jobs I could have gotten. And this is the first
time I can actually come forth and prove to you guys
that I can do something more myself than what I've been
doing.
These are papers from public records in
New Jersey. That just gives any information, I think,
that can be possibly get from it. I've done absolutely
nothing except for maybe a couple of traffic violations
and minor things like that, that I was either unaware of
or was being dumb about at the moment.
But I'm a completely different person. This is
something I'm wanting to do, especially since my father
passed two years ago. He was a security guard, and he
was a darn good one. So I kind want to follow in his
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footsteps. And this is something that's entrusted me.
I have a security guard I'm also friends with. We've
been friends for the past eight years, nine.
MAN IN LAS VEGAS: About 10.
MR. GIAQUINTO: About 10. I've talked to him,
and I feel like it's -- he's a straight honest person.
He's never gotten in trouble, except for maybe his
mother. And other than that, we've been really close on
that. And he can vouch for everything I told you.
BOARD CHAIRMAN ZANE: Any Board questions?
BOARD MEMBER NADEAU: No.
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Well, what, when you were
seeing the psychiatrist, what was the diagnosis?
MR. GIAQUINTO: The diagnosis was ADD, ADHD and
depression.
BOARD CHAIRMAN ZANE: And now you're saying at
a certain point you no longer have medication for any of
those?
MR. GIAQUINTO: Correct. I've been through
counseling. I've managed to deeply suppress my
depression. And through, I'm going to call it verbal
counseling through, you know, several people who are of
older age than me and taught me how to control my focus
for my ADD, ADHD. It doesn't have that high effect on
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me like it used to. Where before, I would act without
thinking, and now it's all thinking before acting.
BOARD CHAIRMAN ZANE: Now, what did you have in
mind with this card, what kind of employment were you
hoping to achieve?
MR. GIAQUINTO: To be honest, my friend is part
of a security company called C --
MAN IN LAS VEGAS: Contemporary Services
Corporation.
MR. GIAQUINTO: And he's told me that these
people looking for work, and that are looking for people
to work with them. And I was like, okay, that sounds
good to me. You know, if I was able to get this appeal
and get the license, I'd probably more likely be working
with them and probably with them on several shifts.
BOARD CHAIRMAN ZANE: Okay. Did you have in
mind that you would be working in an environment in an
armed capacity?
MR. GIAQUINTO: I wasn't -- that wasn't my
first initial thought. But I figured, you know,
security guards, you know, have some sort of armament on
them. I would think whatever licenses I needed or
anything else I needed at that point, and I would, you
know, handle it with, you know, extreme care, doing
whatever I had to do to uphold it.
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BOARD CHAIRMAN ZANE: Again, when was he off
his criminal justice?
MR. SALADINO: It should have been about 2011,
according to my note.
BOARD CHAIRMAN ZANE: Okay.
MR. GIAQUINTO: The sentence was made on
January 1st of 2006, and then ended 1-1-11.
BOARD CHAIRMAN ZANE: Okay. And the sentence
was what?
MR. GIAQUINTO: Aggravated arson.
BOARD CHAIRMAN ZANE: No, the sentence.
MR. GIAQUINTO: Oh, it was five years
probation.
BOARD CHAIRMAN ZANE: So the only jail time you
did was up until the time you got bailed out?
MR. GIAQUINTO: Right.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NIXON: What have you been doing
for employment?
MR. GIAQUINTO: Since then, I've executed my
best skill, which is customer service, taught to me by
my father. So I was doing salesman and restaurant work.
There's a lot of things on my resume I don't have, due
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to the fact that I don't put anything on my resume
that's less than six months. But it's a lot of
restaurant work. I was a waiter. I was in warehousing,
you know, boxes and things, a moving company. I was
part of at one point a gas station in New Jersey. A
variety of jobs. I had to give myself the edge in doing
whatever I needed to do and gain more skills. I
enjoyed, I enjoyed every bit of it.
But when I came out here, I've been working for
a watch company. I worked at one point at New York and
Company at the Galleria Mall. Cracker Barrel up on --
by the Silverton.
So that's what I've been doing out here for
work.
BOARD MEMBER NIXON: Thank you.
BOARD CHAIRMAN ZANE: Any other Board
questions?
BOARD MEMBER COLBERT: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER COLBERT: I have one question for
you. How long have you been off all medication?
MR. GIAQUINTO: I've been off medication since
I moved down here. So that would be January 30th, 2012.
BOARD MEMBER COLBERT: Okay. Thank you. No
further.
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BOARD CHAIRMAN ZANE: Any other Board comment
or question?
Entertain a motion.
Second call for a motion.
I'll make a motion that we overturn the denial
and issue the registration to the appellant. Is there a
second?
BOARD MEMBER NADEAU: I'll second.
BOARD CHAIRMAN ZANE: There's a motion and a
second. Any Board comments or questions regarding the
motion?
I have reservations about overturning the
denial, but it's mostly based upon your interpersonal
issues. You know, I don't know you from anybody. You
come in, you have this arson conviction, which it's
clear you predicate it upon the fact that you had issues
dealing with pressure and depression and different
things. And then you're wanting us to give you the
right to work in an industry that has a profound effect
on people and their lives.
So it's difficult. I mean I make the motion so
that we can have it on the floor. But, you know, right
as we sit here at this moment in time, I don't even know
if I'll support my own motion. But I make it, because,
you know, I do have a little bit of concern about what I
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hear, based upon the history. And not so much the
history on the criminal event. Because I understand you
did the right thing. They caught you, they had you, and
you squared it up. But from a mental health
perspective, for me, it would almost be better if you
came in and said "I'm under current care, and I have a
professional here that has said I'm all good." But from
everything I see, you decided to go cold turkey and fix
yourself. Get a support mechanism, and you're doing
what appears to be pretty good.
MR. GIAQUINTO: I have, I have a counselor I am
seeing. I actually have her card in my wallet. Her
name is Jenna. I was seeing her for the past four
years, so two years after I came out here. But you're
right, I did go cold turkey, you know, just completely
off the meds. I was convinced I didn't need them, with
just a little bit of mental focus for myself. And when
I tried to adjust it, I was able to do that.
I figured out, also, a lot of working at
PlayStation, for tech support, that I ended up -- how I
got over my depression, because it was a very
high-stress environment, mind you. You know, it may not
seem like it was, even dealing with just the call
center. I learned how to deal with my depression better
by just doing things, that even if they -- even if they
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didn't sound good to me at the time, something I'd like
to do actually reduced it drastically, to the point
where I didn't feel anything. And I also have my wife
to support me. And I haven't even nothing normal lately
to harm myself in over -- it'll be now 12, 20 years, you
know. So I haven't. There has been no record of it
anywhere, because it's, it was all minor injuries, and I
failed that, and that was when I was even younger than I
was during the conviction.
But it's -- I needed to be up front with you
with this. You know, I wasn't going to hide it.
Because somewhere, some way, you know, I know it'll come
back and bite me if I omit it. So I know that now. I
have that carved into me.
But I would understand from your perspective
why you would be hesitant in your own decision. But I'm
asking. I'm not a big nerd. That's what it comes down
to. I use gaming, I use it as a necessary means to have
fun, and it reduced my depression, actually helps me
with my focus. So I've become almost way better than I
was before in this. And that's why I'm asking for the
appeal.
BOARD CHAIRMAN ZANE: Okay. Any other Board
comments, questions?
BOARD MEMBER NADEAU: Mr. Chair?
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BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I seconded the motion so
that we could have this discussion. It's been over 10
years. Granted, he was on probation. I don't know that
I heard when he got off probation. But he was on
probation for a period of time. It's been 10 years.
So, I guess, that's where I'm at on that as far
as the discussion goes.
BOARD CHAIRMAN ZANE: Anything else?
BOARD MEMBER COLBERT: Mr. Chair, I have
concerns, also, with it being a high-stress environment
and how he'll be able to cope with that environment and
what would happen when the pressure is on.
BOARD MEMBER NIXON: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NIXON: I agree with you. I have
an issue or a concern with him going off the meds.
I'm happy to hear that you are seeing a
counselor formally. But I also have some concern.
BOARD CHAIRMAN ZANE: Okay. We have a motion.
All in favor, say "aye."
BOARD MEMBER NADEAU: Aye.
BOARD CHAIRMAN ZANE: Aye.
BOARD MEMBER NIXON: Aye.
BOARD CHAIRMAN ZANE: Any opposed, say "no."
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BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Okay. Three to one.
Congratulations. Don't make a fool out of us.
MR. GIAQUINTO: I won't. Thank you very much.
Thank you very much for your time.
BOARD CHAIRMAN ZANE: Number 35, Ivan Hamilton?
You're Mr. Hamilton?
MR. HAMILTON: Yes, sir. Good morning.
BOARD CHAIRMAN ZANE: Have a chair. Thank you.
Who's the investigator?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: Mr. Hamilton was made
provisional. When we received his fingerprints, we
found several arrests, all out of Florida. 2003, he had
a trespass. The type was unknown. 2003, petty larceny
theft, type unknown. Also 2003, trespass again, type
unknown. 2006, cocaine purchase attempt, which was a
felony. He was convicted and served 32 days in jail.
2008, larceny petty theft, misdemeanor, which he entered
a plea of nolo contendere and was found guilty.
None of the arrests were disclosed. All were
found on the fingerprint report. The applicant did
state that the drug charge was supposed to have been
expunged on completion of the drug program that he
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attended in Miami, Florida.
BOARD CHAIRMAN ZANE: Okay. Mr. Hamilton, can
you address all of that?
MR. HAMILTON: Yes, sir. Good morning to the
Board. I was accomplishing -- I'm recovered now five
years. I pulled through. I'm moved two years ago with
my significant other.
(The Reporter indicated an inability to clearly
hear this applicant in Las Vegas.)
MR. HAMILTON: Okay. I moved down here two
years ago with my significant other. I have five years
clean time. I go to meetings. I am looking forward to
being a good security -- a guard. I have my pass, and
I'm hoping to.
BOARD CHAIRMAN ZANE: What made you not
disclose all of those different things when you applied,
how come you didn't list them all?
MR. HAMILTON: Okay. I thought I did list them
all. And I listed that I was a -- that I was convicted
of a felony of attempted on some drug charge. I listed.
They said I didn't list them? I thought I did list
them. I'm pretty sure I did.
BOARD CHAIRMAN ZANE: I believe, within --
then, wasn't there an issue about not listing
everything?
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MR. MAXWELL: Correct, sir, nothing.
BOARD CHAIRMAN ZANE: Okay. Thank you.
MR. HAMILTON: Okay. My -- and after 12 years,
you know, after 12 years, you can get it expunged. I
mean I wasn't aware of that, you know. I mean I
wouldn't have had no problem listing. But when I got
that paper, you know, to be a guard, rather than try to
come up with Gower (phonetic), Magnum (phonetic) and the
tri-county, I wasn't aware that I needed to put it in
this county. When it showed, I picked, when you list
the felony, I list it.
BOARD CHAIRMAN ZANE: Okay. Were the felonies
listed and then we missed the misdemeanors, or is it --
MR. MAXWELL: No, sir, I listed everything that
was on the report that was on the application.
BOARD CHAIRMAN ZANE: Okay.
MR. INGRAM: Do you have a copy of the
application?
MR. MAXWELL: Not with me.
BOARD CHAIRMAN ZANE: What have you been doing
for employment?
MR. HAMILTON: I work for Atlas, Atlas, Atlas,
Atlas grocery store.
BOARD CHAIRMAN ZANE: Okay.
MR. HAMILTON: And I work there. Hang on. I
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got this for this right here. It's a paper, CSN, CSN,
just right here for the award.
BOARD CHAIRMAN ZANE: You had some certificate
there from CSN?
MR. HAMILTON: Yes, sir. I want to...
(appellant handed papers to the Board). Thank you.
And this. Thank you. Thank you.
BOARD CHAIRMAN ZANE: Describe those for the
Board members.
MR. INGRAM: Yeah. Okay. So we have a DD-214
that shows an honorable discharge for the military.
There's a certificate of completion signed by one of our
license holders, Vincenzo Esposito, that he successfully
completed 16 hours of security orientation training for
the position of security officer in the state. And we
have a certificate of achievement from the College of
Southern Nevada, successfully completed the Soft Skills
for Workplace Success. Doesn't give a number of hours.
It's signed by Business Services Coordinator of the
Division of Workforce and Economic Development. That
was in 2017.
BOARD CHAIRMAN ZANE: So, as I understand it,
there's a single felony conviction?
MR. MAXWELL: Yes, sir.
BOARD CHAIRMAN ZANE: Okay. And then the rest
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are a mishmash of misdemeanor violations?
MR. MAXWELL: Yes, they are.
BOARD CHAIRMAN ZANE: Okay. And it's your
position that you didn't list the felony conviction
because you thought it would go away after a certain
period of time?
MR. HAMILTON: I was told that when complete
the program, I complete the program, didn't need to put
a felony. Again, that when you complete your
certificate, you get it expunged. I would have had no
problem listing it, because I know they would have
certified in the computer. When I completed -- I did
the program for a whole year. And I went to a ceremony,
and they gave you an achievement, an award. And when I
went to that ceremony, it was supposed to be expunged
off of my record.
I would have had no problem listing it. When
you got an application, that's the only way that I found
out. When you do the application, you can't deny it,
you know. I would have had no problem listing it, you
know.
BOARD CHAIRMAN ZANE: Okay. That conviction
was in what state?
MR. HAMILTON: Um, um, um, uh -- not --
BOARD CHAIRMAN ZANE: Florida?
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MR. HAMILTON: Yeah, Florida.
BOARD CHAIRMAN ZANE: Okay. All right. Is
there anything else you would like to add?
MR. HAMILTON: No. Thank you.
BOARD CHAIRMAN ZANE: How long have you been
here in Nevada?
MR. HAMILTON: Two years and three months.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
Entertain a motion.
(There was a moment off the record.)
MR. INGRAM: And, I guess, I'll say it louder
for the record. He was employed for a short period of
time. He was given provisional status until the
fingerprints came back. That's when he was denied. His
employer, who signed off on one of those certificates,
Mr. Vincenzo, is in the back of the room.
BOARD CHAIRMAN ZANE: Would you like
Mr. Vincenzo to come forward and testify in your behalf?
MR. HAMILTON: Yes.
BOARD CHAIRMAN ZANE: Okay.
MR. HAMILTON: Thank you.
BOARD CHAIRMAN ZANE: Please.
We had to get his permission, because, you
know, he's got to agree to it.
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Could you introduce yourself for the record,
sir.
MR. ESPOSITO: Yeah, my name is Vinny Esposito.
I'm his advocate with the State of Nevada, with DETR.
And I've working with him since June 27th. And all the
training and security and all that, we went through the
whole process.
On one of his papers he has, one of the things
that I looked at from Social Security, they did all the
investigations and found nothing, felony or misdemeanor.
So I said, well, I couldn't tell exactly what happened
in Florida. But it sounded like he no longer had a
case. And that's why, I guess, he figured it wasn't all
that.
And as far as character, I'm retired police and
ATF. And I'm also a security manager. So. And, plus,
he's, you know, he's an Army vet. So that's what I
wrote down. But that's part of character, you know.
So he does have, you know, employment waiting.
In fact, I had three positions open. So if he does get
back on, then we already have a job for him.
And that's it.
BOARD CHAIRMAN ZANE: Any Board questions for
the witness?
BOARD MEMBER COLBERT: No.
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BOARD CHAIRMAN ZANE: Thank you.
MR. ESPOSITO: You're welcome. Thank you.
BOARD CHAIRMAN ZANE: Appreciate it.
Any more questions of the appellant?
Entertain a motion.
Entertain a motion.
I got lost. You are Mr. Hamilton, right?
MR. HAMILTON: Yes.
BOARD CHAIRMAN ZANE: I'm still me, too.
MR. HAMILTON: Thanks.
BOARD CHAIRMAN ZANE: All right. I move that
we overturn the denial of item number 35, Ivan Hamilton,
and issue a work card. Is there a second?
MR. HAMILTON: Thank you, sir.
BOARD MEMBER NIXON: I'll second.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board comment or question regarding
the motion?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I'm still concerned about
the lack of disclosure. And it's not just a lack of
disclosure on a misdemeanor or something that's 20 years
ago. It's pretty recent, and it was a felony. And so
that concerns me, I guess, from my perspective. I
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understand that he has a job waiting for him, you know,
if this is reversed. But I'm still troubled with this
disclosure aspect. It's not like -- it doesn't even
fall under, that I'm aware of, because nothing was said,
it doesn't even fall under that California statute.
It's just lack of disclosure. So, I guess, that's where
I'm struggling.
BOARD CHAIRMAN ZANE: Well, for me, I tend to
give a little bit, a little bit of a benefit of the
doubt for the individual's personal experience in the
criminal justice system and their wherewithal to
understand the consequences and the actions. And it's a
fairly typical response from many people across the
country about the quick resolution of their criminal
case comes with the caveat that 10 years from now you
don't have to care. And I understand that it doesn't
limit them or require anything further of them except
for the disclosure. But for some folks, it seems like
that disclosure period automatically goes by the wayside
after 10 years. And I don't know if you have to be
totally sophisticated to get it or not, but, I think,
sometimes it does tend to fall through the cracks.
So that's one of the reasons I'm supporting the
motion.
MR. HAMILTON: Thank you.
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BOARD MEMBER NIXON: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NIXON: One of the reasons I am
supporting it as well is his work with the State in
trying to get through a program and then doing the
Social Security check and not finding anything. I
think, that would lead him to believe that it had been
expunged after he was done.
MR. HAMILTON: Thank you.
BOARD CHAIRMAN ZANE: Any other Board
questions, comments?
MR. HAMILTON: Thank you.
BOARD CHAIRMAN ZANE: All in favor of the
motion, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
It carries unanimous. Congratulations.
MR. HAMILTON: Thank you. Thank you.
BOARD CHAIRMAN ZANE: Thank you.
BOARD MEMBER NIXON: Good luck.
BOARD CHAIRMAN ZANE: I'm missing a page. Do
you have the agenda handy?
MR. INGRAM: We're on 36.
BOARD CHAIRMAN ZANE: Johnny Hardwick? Johnny
Hardwick, number 36?
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Okay. We'll trail number 36 to the end.
Tracy Holman?
Have a seat.
Who's the investigator?
MR. SALADINO: Investigator Saladino.
BOARD CHAIRMAN ZANE: Please.
MR. SALADINO: The applicant was denied for a
1988 wrongful possession and distribution of cocaine.
And this was a military conviction, but this conviction
carried over into the civilians, civilian world where he
had to register as a felon with the local PD.
BOARD CHAIRMAN ZANE: And the conviction was in
'88?
MR. SALADINO: Right.
BOARD CHAIRMAN ZANE: What was the disposition?
MR. SALADINO: The military, I guess, issued
some sanctions and stuff. But he just had to register
then with the county as an ex-felon.
BOARD CHAIRMAN ZANE: Mr. Holman, can you let
us know what --
MR. HOLMAN: It's only, it's going to be really
simple. Like I say, I was standing off post. And one
of the soldiers -- you know, we were always down to get
together. And one day, he came by the house. This was
so long ago, I can't remember all the circumstances, but
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I'll tell you what I did. He came by, you know, and
asked me if I can go get him some cocaine. And I
happened to know a guy. I went to the guy, came back,
gave him that, took the money back to the guy, and that
was it.
And for that, they waited two years, before
like a week before I was getting ready to go, come back
to the states. They arrested me. I went to my first
sergeant's office, and I was arrested for something I
did. For that, I did like five months when I first got
to jail. And then that was it.
BOARD CHAIRMAN ZANE: Okay.
MR. HOLMAN: And I was -- you know, they
really -- I liked being a soldier. And, you know, I was
kicked out, took my money, you know, took my own
cottage, you know took everything. And that was it.
That's what I did.
BOARD CHAIRMAN ZANE: Right. So did you have
anything once you got out?
MR. HOLMAN: Well, I'm -- you know, I'm
classified as a drug dealer. I wasn't a drug dealer
then. I ain't a drug dealer now. I don't have no drug
possessions. And I ran in the streets for 15 years,
didn't sell no drugs. I'm not a drug dealer. And I
didn't sell drugs then, and I don't sell drugs now.
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BOARD CHAIRMAN ZANE: Okay.
MR. HOLMAN: But I did do that, so.
BOARD CHAIRMAN ZANE: All right. Any other
Board questions?
BOARD MEMBER NADEAU: No.
BOARD MEMBER NIXON: What have you been doing
for employment?
MR. HOLMAN: I'm disabled. I'm a hundred
percent disabled, three bad surgeries on my knee. And
my wife, you know, basically, my wife died in July of
last year. I have two girls to raise, you know. And my
disability check is not doing anything. The little help
I get from Welfare is just not doing it. And I have a
15-year-old girl and a -- and it's not -- you know, I
need money. You know, I got to get a job.
And I have, you know, my brothers. You know, I
have a job waiting for me. This is a six-month process
for me, you know. I was misposted on the last appeal
board. But something happened. You know, things
happen. But, like I say, I got to let these people know
even though I'm not -- I'm still disabled, I'm still
working, I let them know that, you know. I'm well, but
I'm not well, because I have to get a job.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
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Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair.
I'd move that the registration for Tracy Holman be
reinstated and that the denial be overturned.
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment or questions on the motion?
BOARD MEMBER NADEAU: Yes. The reason I can
support or make this motion is there's significant time
between the -- of the arrests and the felony arrest in
particular. And so, therefore, I think it's appropriate
to give this gentleman an opportunity.
BOARD CHAIRMAN ZANE: Any other Board
questions, comments?
All in favor of the motion, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. HOLMAN: Thank you. Thank you.
BOARD CHAIRMAN ZANE: Number 38, Wesley Jones?
Good morning.
MR. JONES: Good morning, gentlemen and staff
and investigators.
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BOARD CHAIRMAN ZANE: Let me find it here.
Okay. Who's the investigator on this one?
MR. SALADINO: Investigator Saladino.
BOARD CHAIRMAN ZANE: Please.
MR. SALADINO: The applicant was denied for a
2000 domestic violence with a weapons charge. It was a
misdemeanor. And he was placed on probation. He was
scheduled to be here December 16 for the appeal, but he
wasn't. And now he's moving forward with his
application again. The applicant did disclose it the
second go-round on his application.
He also has a gaming card and made note to us,
to the Board that, Board staff, that he has had
employment with Circus Circus, and he did receive his
gaming card as well.
BOARD CHAIRMAN ZANE: Well, what would you like
to say, Mr. Jones?
MR. JONES: Well, number one, I appreciate the
time here, of being here. I take full responsibility
for my actions that I did in this situation.
The long and short of it is that -- I'm not
going to go through the whole thing because it's kind
of personal. I had caught my wife cheating. I made a
comment to her. I was in security at the time, and
knowing full well, in Aurora, Colorado, and we just had
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a briefing on domestic violence about a week before.
So when I confronted her, I made sure that -- I
was getting to go out the door to go to work, because I
didn't want her to have the issues of standing there
arguing and getting in this situation. So what happened
was, you know, she saw that she couldn't get me to
engage with her, you know. So she made a comment about
she's going to get her man to kick my ass and all this.
Well, that triggered my, you know, not using good
judgment. I made a mistake, and I told her I had
something, whatever that was, which it was a weapon,
which I had in a closet, which was in a box. Which all
I did was take the box down and showed her, showed it to
her. There was no ammunition, nothing in it or nothing
like that.
And she commenced to get on the phone and call
nine-one-one and went through the whole nine yards.
Which I stood right there, and I didn't even leave.
They came, and I explained to them what happened.
Somebody told me, "Well, you know, she felt like she was
threatened for her life because of, you know, you
showing her the weapon." I said, "Well, I had no
intentions of doing anything. I just wanted to let her
know that, you know, she triggered my thing."
And that's what caused my thing. I'd been in
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security for three years when that happened. I went
through court order, and I did everything the court
requested. I went to drug, drug rehabilitation. You
know, I had to go to anger management courses. I took
the urinalysis every week. I did all that. I was on
probation for a year.
And then I moved from Colorado to Texas. And
it took me five years to get my guard card back in
Texas, but I did do it.
And I think that I have done everything that I
needed to do. And I have a different outlook on staying
out of those type of situations. I'm remarried now.
I'm not even married to her anymore. And I think that
I've done well.
BOARD CHAIRMAN ZANE: Okay. And this, the
offense was listed on the application?
MR. SALADINO: Yes, sir.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
Entertain a motion.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes, ma'am.
BOARD MEMBER NIXON: I move that Mr. Jones'
license be granted, based on time.
BOARD CHAIRMAN ZANE: Okay. We have a motion.
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Do we have a second?
BOARD MEMBER NADEAU: I'll second.
BOARD CHAIRMAN ZANE: Any Board comment or
question on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Unanimous. Congratulations.
MR. JONES: Thank you. Thank you, you all.
BOARD CHAIRMAN ZANE: Steve Larkey? Steve
Larkey, item number 39?
We're going to trail it.
Wade Alonzo Manning?
MR. MANNING: Good morning, everyone.
BOARD CHAIRMAN ZANE: How are you?
MR. MANNING: Good.
BOARD CHAIRMAN ZANE: Good.
Who's the investigator?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: Mr. Manning was made provisional
initially. All these arrests were taken from the
fingerprint report, and they were out of California.
1990, vandalism, convicted, 12 months of probation.
'99, battery of spouse, convicted, three years
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probation, 25 days jail. 2002, domestic violence.
2004, attempted murder, felony, convicted, five years
prison. There's also another one listed for Susanville,
High Desert State Prison, Susanville, California,
another attempted murder. 2009, inflict corporal injury
on a spouse.
No arrests where disclosed. The applicant did
disclose the 2004 assault arrest out of California, with
a disposition as a fine, but this was not reflected on
the fingerprint report.
BOARD CHAIRMAN ZANE: Mr. Manning?
MR. MANNING: Yes.
BOARD CHAIRMAN ZANE: What's your point of view
on this?
MR. MANNING: I plead guilty to those charges.
And I also, since I've been out for almost 11 years, I
haven't been involved in no kind of activity with the
police or nothing, ever since then. And I've been
working since I got out.
BOARD CHAIRMAN ZANE: What have you been doing?
MR. MANNING: I was working with my uncle -- he
was a contractor, cement contractor -- for like six
years. And now I've been doing temp agency services,
for the time that I've been out. I just recently
relocated from California here, in September of '17.
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And I started working immediately as soon as I got here.
So my background had passed because of that reason,
because of the attempted murder.
BOARD CHAIRMAN ZANE: Now, there's two
different counts. Is there two different events?
MR. MANNING: No, I only know about one. That
was in 2004.
MR. INGRAM: One of them was while he was
incarcerated.
BOARD CHAIRMAN ZANE: Was there, was there a
charge while you were incarcerated?
MR. MANNING: No, sir.
BOARD CHAIRMAN ZANE: No? From the fingerprint
report, it's indicated that there was an attempted
murder charge while you were in High Desert at
Susanville.
MR. MANNING: No, sir, that's not true.
BOARD CHAIRMAN ZANE: That's not true?
MR. MANNING: No, I've never been in trouble
since I've been incarcerated.
BOARD CHAIRMAN ZANE: Okay. Is there a
disposition on the fingerprint report?
MR. MAXWELL: One second, sir.
BOARD CHAIRMAN ZANE: Well, working backward,
what, you have a charge of infliction of corporal injury
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on spouse, cohabitation, in 2009.
MR. MANNING: Yes, sir. And I can explain it,
too, because I was with a jealous girlfriend, and I had
went to jail. Because I never was charged with those
charges, because she explained it to them that she lied
to the police because she was mad at me, and they
dropped the charges. I went to jail for them, but they
was reduced, they were dropped. And that's what that
was.
BOARD CHAIRMAN ZANE: Do you recall being on
probation for five years, from 2009 till 2014?
MR. MANNING: Yes, sir, it was close to that.
I was on probation and parole, and I've cleared both of
those.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes, ma'am.
BOARD MEMBER NIXON: Was there a reason that
none of this was disclosed?
MR. MANNING: You mean on the application?
BOARD MEMBER NIXON: Yes.
MR. MANNING: Yes, ma'am. I probably didn't
say nothing about it because I didn't really think it
mattered, because I wasn't charged with it.
BOARD MEMBER NIXON: I just have another
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question. From what I'm understanding, then, you're
saying you weren't charged with them, but you were
convicted?
MR. MANNING: Well, yes, ma'am, because I --
you know, like I say, because when I went to jail for
those, like I said, she called down and she admitted to
them that she just did it because she was mad at me and
that they just needed to let me go. But I still was
convicted for it, like you said, yes.
BOARD MEMBER NIXON: Was there a
misunderstanding on the application when it asked have
you ever been arrested or convicted?
MR. MANNING: No, ma'am.
MR. INGRAM: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes.
MR. INGRAM: I believe, Investigator Saladino
has some additional.
MR. SALADINO: In regards to the second
attempted murder, sometimes the fingerprint reports will
double up a charge, just like there's some kind of
hearing or something going on, so it's here on the
fingerprint report. So it's not necessarily another
attempted murder. It's just reiterating the other one
as to why he was sent to prison.
The spousal abuse one from 2009, that one fell
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under a felony category as well, where he received five
years of probation.
BOARD CHAIRMAN ZANE: Okay. Anything else
you'd like to add?
MR. MANNING: Well, actually, I'm -- actually,
I just want to just to try to get my guard card and go
to work and try to carry on with my life. Because I've
been, like I said, I haven't been in any kind of trouble
since I've been out in 2008. I've been doing volunteer
work for the hospital in the Englewood district in L.A.
I'm just trying to carry on with my life farther, you
know, just trying to make a better life.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions, comments?
Entertain a motion.
BOARD MEMBER NIXON: Mr. Chairman?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NIXON: I move to uphold the
denial of Wade -- I'm sorry, I lost my place here --
Wade Alon Manning --
MR. MANNING: Alonzo.
BOARD MEMBER NIXON: -- Alonzo Manning's denial
of his registration card.
BOARD CHAIRMAN ZANE: We have a motion. Do we
have a second?
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BOARD MEMBER NADEAU: If I'm understanding the
motion -- it was a little bit broken up for me. If I'm
understanding the motion, it's to uphold the denial; is
that correct?
BOARD MEMBER NIXON: (Nodded head
affirmatively.)
BOARD CHAIRMAN ZANE: That's correct.
BOARD MEMBER NADEAU: I'll second that.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board comment or question on the
motion?
I'll make a comment. I'm going to support the
motion because it wasn't listed. And with the time
that's gone by, most likely you probably would have
gotten reasonably decent reception had it been
disclosed. So I'm going to support the motion.
Any other Board comment?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. You're free to reapply in a
year.
MR. MANNING: A year?
BOARD CHAIRMAN ZANE: A year. And make full
disclosure. Otherwise, we'll be back here again.
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MR. MANNING: All right.
BOARD CHAIRMAN ZANE: Thank you.
Bryan Neely?
Hello.
MR. NEELY: Hello.
BOARD CHAIRMAN ZANE: Who was the investigator?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: He was made provisional. And he
has a 2008 charge in Nevada of carrying a concealed
weapon. It was a misdemeanor, reduced from a gross
misdemeanor. The arrest was confirmed on SCOPE. And
the applicant did disclose the arrest. He also provided
court documents and an appeal that was provided at the
time of application. And this is all confirmed with the
fingerprint report.
BOARD CHAIRMAN ZANE: So, ultimately, he was
denied simply because of the nature of the charge?
MR. MAXWELL: Yes.
BOARD CHAIRMAN ZANE: Thank you.
Okay. Mr. Neely, what was your recollection,
what's your recollection?
MR. NEELY: I was pulled over, and I was --
made a, apparently, too quick of a right turn getting
off the 95 onto Eastern. I didn't really come to a full
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stop at the stoplight. I made a turn. The police
officer pulled me over. I immediately pulled over.
They asked me to search the vehicle. I didn't believe
there was anything in there. So I didn't have any
reason to tell them not to. And when he searched the
car, he happened to find a pair of brass knuckles that
were underneath the seat that I, honestly, had no idea
were even in there. I'd lost them five years prior to
that. They were just wedged up in the little -- where
my seat rolls back and forth on the front. And he found
them in there.
And that was about it. That was -- they
arrested me right there on the spot for it. And they
charged me with possession of brass -- or possession of
a dangerous weapon. Went to jail, I believe, two days,
or a day and a half or so I sat in jail. And then they
brought me before video court. They told me, they asked
me how I pleaded on it. I pleaded no contest. They,
you know, they were in there. I took responsibility for
it. And that was it.
And then they released me after the two days of
being in jail. I believe, I got a suspended sentence,
if I'm not mistaken, I believe that's what it was, and
just to stay out of trouble is what they told me. And
that's exactly what I did.
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I mean it was literally 10 years and four days
ago. I mean, yeah, 10 years and four days to the day
since that happened. And between now and then, I've
gotten maybe a couple, a handful of traffic violations.
And outside of that, I've had zero contact with law
enforcement.
BOARD CHAIRMAN ZANE: Okay. Any Board
questions or comments?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I'd move that
Bryan Neely's denial be reversed, based upon time and
distance and the fact that he did disclose this arrest
on his paperwork.
BOARD CHAIRMAN ZANE: Thank you.
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board discussion or questions on the
motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
The motion carries unanimous. So good luck.
MR. NEELY: Thank you very much.
BOARD CHAIRMAN ZANE: Thank you.
Charles Perkins?
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MR. PERKINS: Good day.
BOARD CHAIRMAN ZANE: Have a seat.
MR. PERKINS: Good afternoon, Chairman, and to
your team.
BOARD CHAIRMAN ZANE: Who's the investigator on
this?
MS. DONALD: Investigator Donald. In 2011, out
of Wisconsin, Mr. Perkins was charged with possession of
cocaine. It was a misdemeanor. He received nine months
probation, was fined $254. He disclosed. He provided
documents.
2001, out of California, possession of
narcotics, controlled substance, a misdemeanor. He
received probation, and it was dismissed under
California Penal Code 1203.4. He disclosed.
In 1991, out of Michigan, he had a stolen
property in excess of $100. It was a felony. He
received five years probation and/or a $2,500 fine. He
did disclose.
So he was denied for the felony charge in 1991
out of Michigan for the stolen property. He did
disclose all of this, and he provided the court
documents.
BOARD CHAIRMAN ZANE: Okay. Mr. Perkins, what
do you -- what's your presentation, what would you like
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to say?
MR. PERKINS: Well, I would like to say thank
you to you and your team. I am from Michigan. I've
been residing here in Las Vegas, Nevada for about, maybe
a little over five years now. I'm a new, reformed,
productive, tax-paying citizen.
I had a lot of issues back in the days, back in
the late '80s and early '90s, dysfunctional family,
improper home training. And I went to a project start
where they helped me get back on track with my life. I
got tired of staying in the county jail, and it started
scaring the heck out of me. So I've been walking a
straight line.
And I turned to drugs when my mom died back in
2001. And, you know, it was kind of hard to deal with.
So I went to a Proposition 36 that the judges in
California put together, you know, to help people like
me, help me get back on track so I can walk a straight
line. And since then, I've been walking a straight
line.
Now, with the Wisconsin incident, riding around
with the wrong crowd, coming from a party after work.
You know, went to a party after work. The police pulled
us over for an illegal turn. And drugs were found in
the vehicle. No one manned up to it. We were all
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charged. When they found out that who's drugs it was,
you know, he's the one that did the time. I only got
like six to nine months probation.
And after that, I got, I got out of Wisconsin,
came here. Hey, I've been clean since then. Right now,
I'm currently working at Amazon part-time. I've been
certified and baptized at church, Second Baptist,
resume.
I stood up for my expungement that Ms. Donald
was referring to, as far as the receiving stolen
property. So I'm waiting on the expungement to be in
the mail any day now. I have proof of residence. And I
paid for my own paperwork as far as my expungements and
my criminal background. So.
BOARD CHAIRMAN ZANE: Okay.
MR. PERKINS: As of today, you know, I like to
be trusted. I'm trying to pursue a career in
corrections. I believe, out of all my experience over
the years, I believe and I know that I have what it
takes to help people turn their lives around. I did it
in a negative sense. I know I can do it in a positive
sense, you know. And I'd like to help build that wall.
BOARD CHAIRMAN ZANE: You're not thinking that
anything, a surprise is going to get you in 2021, then,
right?
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MR. PERKINS: Not at all. I'm scared of the
dark side. These days, I'm walking a straight line.
BOARD CHAIRMAN ZANE: Well, but when I look
here, about every 10 years there seems to be a mishap.
MR. PERKINS: Yeah. Yeah. I take full
responsibility to that. I had a dysfunctional family,
for starters. You know, I wasn't was one of those honor
roll students, you know, dysfunctional family that led
me downhill. Picked myself back up. And next thing you
know, getting older, my mom died. And, you know, I
thought that the streets could take me under their wing.
But I'm one of the ones you guys helped by putting
together this program so I can reform myself into a
better self, a better man, you know. I take the
responsibility and take responsibility for my actions.
And this is all I'm trying to do. So now I'm
trying to give back, you know, to the community. I
would like to get inside law enforcement so I can help
protect and serve. You know, I'll probably try to get
back into college to get a degree so I can jump on the
bandwagon with you guys and be on a team so I could help
people understand that narcotics, substance abuse,
slash, alcohol ain't the way. And I know I can do that,
you know, if somebody could give me an opportunity, you
know, because I haven't been in trouble since.
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BOARD CHAIRMAN ZANE: Okay. Any Board comment,
questions?
Entertain a motion.
Second call for a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Charles Perkins' denial be reversed, based upon the time
and distance and the fact that he listed all his crimes,
was forthright with all that.
BOARD CHAIRMAN ZANE: Okay. We have a motion.
Do we have a second?
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: Motion and a second. Any
Board comment or question on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. Congratulations.
MR. PERKINS: Thank you, sir. And thank the
team. Thank you, Chairman. Thank you, sir.
BOARD CHAIRMAN ZANE: Thank you.
Romeo Robinson?
Who's the investigator on this?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: He was issued a provisional. All
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of his arrests were out of California. In 1993,
attempted burglary, type unknown, 24 months probation.
2009, manufacture and sell a weapon without a handle,
type unknown, three days jail. '96, carrying a loaded
firearm in a public place, type unknown, convicted, two
years probation, 30 days suspended jail sentence. And
in 2000, felony theft, type unknown, convicted, three
years probation under 1982.
The applicant did not disclose any arrests.
The history for all the arrests were found on the
fingerprint report.
BOARD CHAIRMAN ZANE: Okay. Mr. Robinson.
MR. ROBINSON: Yes, sir.
BOARD CHAIRMAN ZANE: Is there a particular
reason that you didn't disclose this on the application?
MR. ROBINSON: Well, California, you go back 10
years. Okay. Nevada is different. I didn't know that,
but I should have put it anyway.
The weapon without a handle, that was a little
Chinese tin throwing star, and they said that was a
weapon without a handle.
As far as the gun in a public place, I don't
know why that's on there, because I have my guard card,
I have my gun permit. I had a rental car too long. On
my way taking it back, they said driving without owner's
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consent, when I was taking it back. But I had it too
long. Okay. I had went to go see a guy in Texas, came
back late. I was going to drop it off when I went to
work, because it was right around the corner from my
job.
I've done security from '86 and training, LAPD,
I did all the training and everything.
The rental car, stupid mistake. Okay. I'm 54
now. The only reason that I want to get back into my
career, something at work. Okay. I don't know if we're
permitted to show a video or -- I have a video of an
incident that happened to me. And that's why I decided
I wanted to get back into security, because my training
kicked in, in one situation.
BOARD CHAIRMAN ZANE: But I don't know that we
could admit the video, because we don't have any real
way of recording it and capturing it in video format.
So it wouldn't play well, if the stenographer is trying
to type --
MR. ROBINSON: Right.
BOARD CHAIRMAN ZANE: -- what all took place.
And so I don't think that that would be something we'd
be able to do.
MR. ROBINSON: All right.
BOARD CHAIRMAN ZANE: But the catalyst would be
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that you undertook a serious situation, and it got you
back into thinking that you want to be in security?
MR. ROBINSON: Yes, sir.
BOARD CHAIRMAN ZANE: Okay.
MR. ROBINSON: I haven't been in trouble with
the law. I wasn't doing pretty well in California. I
was homeless for awhile, looked for a job, couldn't find
anything. Came out here in January 2015, started
working at 7-Eleven and Rebel gas station. And it's
pretty much that I'm doing security, because I'm
catching people stealing out of the facility. So the
last incident where I caught somebody stealing, and I
was attacked, and I handled the situation and held them
for the police and everything, that's what just got me
wanting to get back into security.
And as far as disclosing, I was pretty much
scammed when I trusted somebody to try to get everything
expunged for me, and it didn't pan out. Like I said, I
thought it was a 10-year thing. And that was over 10
years. But I take responsibility for it. If I thought
it would hurt me, you know, I would have went back 30
years, you know, putting it on there, you know, if it
would have helped me, but.
BOARD CHAIRMAN ZANE: Okay.
MR. ROBINSON: Since I thought it was just 10
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years, I just didn't do it.
BOARD CHAIRMAN ZANE: Okay. These convictions,
they were all California, correct?
MR. MAXWELL: Yes, sir.
BOARD CHAIRMAN ZANE: Okay. A lot of people
become better people when they leave California and come
over here.
MR. ROBINSON: Yeah. I mean, you know, I found
a job right away, and I kind of liked what I was doing,
you know, customer service and everything. But when it
got into the homeless people coming in and trying to
steal, and all that, and I mean I just jumped back into
security mode. Because I did 15 weeks of training with,
like I said, the LAPD, Los Angeles Sheriff's, a
firefighter, a judge, a lawyer. They trained us on all
type of techniques.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions, comments?
Entertain a motion.
Second call for a motion.
I'll make a motion to uphold the denial, based
upon lack of disclosure. Is there a second?
BOARD MEMBER COLBERT: Second.
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: There's a motion and a
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second to uphold the denial. Any Board question or
comment on the motion?
BOARD MEMBER NIXON: Just a quick comment. You
know, I think, due to time, I would have granted had it
been disclosed. So that's my concern.
BOARD CHAIRMAN ZANE: Any Board comment,
question?
MR. ROBINSON: I have a question, sir.
BOARD CHAIRMAN ZANE: Please.
MR. ROBINSON: Okay. Is it, is it the fact
that it was a weapons charge that wasn't disclosed, or I
mean how far back do I have to go as far as listing
everything on the application?
BOARD CHAIRMAN ZANE: The application said list
everything.
MR. ROBINSON: No matter what year?
BOARD CHAIRMAN ZANE: No matter what year.
That's the problem that I've got.
MR. ROBINSON: Yeah.
BOARD CHAIRMAN ZANE: If you would have listed
all that --
MR. ROBINSON: Yeah.
BOARD CHAIRMAN ZANE: I mean we haven't voted
yet. But I would not have made this motion had you
disclosed all these things.
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MR. ROBINSON: Right. And, like I said, coming
from California, I didn't think I was going to get back
into security until that incident. Okay. I thought
pretty much my security career was over. And once that
happened, I thought I'd try it again. And, like I said,
in California, list 10 years. Okay. Nevada is
different, and you have to list everything. Okay.
Didn't know. Will know next time.
BOARD CHAIRMAN ZANE: Any other questions from
the Board?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
It carries unanimous. You're entitled to
reapply in a year. In the meantime, this doesn't bar
you from seeking employment as a proprietary security
guard. Our only authority is over security companies
that are for hire. You can go to work for anybody on
their property securing their stuff.
MR. ROBINSON: I'd rather do security in the
right way.
BOARD CHAIRMAN ZANE: I mean that's the right
way.
MR. ROBINSON: The right way is a company with
benefits, with 401K, looking to expand. You know, I
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mean you can't so much, you can't too much learn
anything just by protecting other people's stuff when
there's no room for advance. You know, I'd like to
advance, get more knowledge, get more experience and,
therefore, working with my own company.
BOARD CHAIRMAN ZANE: Well, you're welcome to
reapply in a year. And I'm sure, if you put all this
stuff down, you would have had a different response here
today.
MR. ROBINSON: Yes, sir. Thank you.
BOARD CHAIRMAN ZANE: Thank you.
Ronnie Junior Saunders?
Good afternoon.
Who's the investigator?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: Mr. Saunders was made
provisional. 2006, he had a felony theft of property
out of Tennessee, guilty as charged, once year suspended
sentence. He also had three misdemeanor arrests out of
Tennessee, two in 2008 and one in 2010. And a 2016
misdemeanor arrest out of Nevada, possession of drug not
for interstate commerce.
The applicant did not disclose his arrests.
All arrests were found on the fingerprint report.
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BOARD CHAIRMAN ZANE: Mr. Saunders, what's your
reply?
MR. SAUNDERS: The felony that happened in
2006, somebody had an idea, something. I was young.
He, my friend, brought me a stolen DVD player. I was
broke. I took it to the pawnshop. And when I pawned
it, they charge you with everything. So I got charged
with the felony. I paid it. I did the probation. I
thought it was being expunged. I paid the 250 for it to
be expunged, but it never did.
And when I went down there to put the
application in for the guard card, they told me 10 years
that I'd have to put in that statement, it would pop up
in 10 years. So I broke it down and told it. I said,
"On my other application, if you go and ask her, on my
other application I submitted, I put all my charges
down. I put it down." She said, "Well, it ain't going
to pop up because it was 10 years ago." I was like,
"Okay. My misdemeanor is another one." They gave me
guard card. I was happy.
I've got two kids. I'm trying to start fresh.
I've been working at McDonald's and DQ. It can't
support my family. It ain't going to do nothing. But,
see, this security guard is supportive. And, I like
they say, if you like doing what you -- if you like, if
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you like doing what you do, you're going to do it every
day. So that's what I like. I like security. I don't
mind doing it, easy work. I'm living. I take care of
my family and feed the family.
BOARD CHAIRMAN ZANE: And when you say that you
had two separate applications, was one a hard copy
paper?
MR. SAUNDERS: Yes, the paper, yes. Okay. I
had it filled out and everything, brought it in there to
her. She looked at it, she said, "Oh, well." And I
broke it down. She said, "Well, it's passed. This
happened in 2006. It's been over 10 years. Well, it
might not pop up." If you ask her, I resubmitted it. I
redid it over. And guess what, missed out. I redid it
over.
And my misdemeanors, I was riding in the car
with somebody, and they had marijuana in the car, and he
didn't want to take the charge. It just so happened, I
was right by it. Technically, it was his car.
But as far as the job, boy, I really do, I
really do need it. It is beneficial. I came out here
for a fresh start. You guys, help me out, this meeting.
BOARD CHAIRMAN ZANE: Is there any record of
two separate applications in the file, do we know?
MR. MAXWELL: No, sir.
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BOARD CHAIRMAN ZANE: Any other Board
questions, comments?
Entertain a motion.
BOARD MEMBER COLBERT: Mr. Chair, I would move
that Mr. Saunders' denial be upheld.
BOARD MEMBER NADEAU: Second.
BOARD MEMBER COLBERT: I base that on --
BOARD CHAIRMAN ZANE: We have a motion.
BOARD MEMBER COLBERT: Excuse me. I based that
on his failure to disclose and with even the recent
charge of 2016.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board comment or question on the
motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous. The denial has been upheld.
You can come back and reapply in a year, and disclose
all of this stuff.
MR. SAUNDERS: Yes, sir.
BOARD CHAIRMAN ZANE: Thank you.
MR. SAUNDERS: Thank you.
BOARD CHAIRMAN ZANE: Sarah Schayes? Sarah
Schayes?
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Okay. We will trail.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NADEAU: May we take a biological
break?
BOARD CHAIRMAN ZANE: Okay. Ten minutes?
BOARD MEMBER NADEAU: Yeah.
BOARD CHAIRMAN ZANE: Ten minutes, please.
BOARD MEMBER NADEAU: Thank you.
* * * * *
(A break was taken, 12:35 to 12:48 p.m.)
* * * * *
BOARD CHAIRMAN ZANE: Okay. Let's bring it
back to session.
Let's see. We've trailed Sarah Schayes. So
that brings to us to 46, Mitch Stiltner?
Good afternoon.
MR. STILTNER: Good afternoon.
BOARD CHAIRMAN ZANE: Okay. There's two of
you. So can each one of you make an introduction?
MR. STILTNER: My name's Mitch Stiltner.
BOARD CHAIRMAN ZANE: Okay. Sir?
MR. BRAVO: And I'm Dennis Bravo. I'm the
owner of Alpha.
BOARD CHAIRMAN ZANE: Thank you.
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Who's the investigator?
MS. DONALD: Investigator Donald.
BOARD CHAIRMAN ZANE: Please.
MS. DONALD: So I've written as of the report
date that we received that I had not received
fingerprint results back. But I have since. There is
nothing new to add to the report.
In 2005, Mitch was charged with felony burglary
of a motor vehicle. He received probation. And
he did disclose the arrest.
In 2007, Mitch was charged with felony burglary
of a motor vehicle, and he received one year in jail.
And he disclose the arrest.
BOARD CHAIRMAN ZANE: Okay. What can you tell
us about that, those two charges?
MR. STILTNER: Those two charges were at age
17 and 19. It was the same exact thing. I was with
some friends. They called it car-hopping. You
literally just walk around neighborhoods. We'd yank on
people's door handles on their car, take, take some
change out of there. And that's it. It was literally
my first time, my first arrest, I had ever done it. The
cops were right behind us, caught us red-handed getting
in the car.
And since those arrests, which was 11 years ago
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now, I've had zero police contact at all. And I've been
raising a family. I've had a wife for seven years now,
two kids, six and four. So I've done everything right
since that time up until now.
I've been working with Alpha for -- was working
with Alpha for two and a half years. And it was
required to get a guard card. Submitted it, denied for
the felony. So I've been waiting for this day for about
six weeks now, hoping that things would go my way.
BOARD CHAIRMAN ZANE: Okay. What would you
like to add, sir, anything?
MR. BRAVO: Well, yeah. Mitch came to work for
us. We weren't in the guard scenario at the time, so he
was hired, brought in as a -- you know, as a contractor
to learn the business. He didn't know anything about
it. And he's been an exemplary employee for us. And I
consider him very honest. He's straightforward.
And I got to understand that you did something
wrong when you were younger. I didn't walk on water,
either. So.
But he's really been a good employee, and he's
got a great family. And I would, from a character
standpoint, I think it would be detrimental if he got
denied.
BOARD CHAIRMAN ZANE: Okay. All right.
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MS. DONALD: I would also like to add that he
did provide three character reference letters. One is
from Mr. Bravo. One is from Michael Loomis, which is
the qualifying agent. And then another was from a
friend, I think.
MR. STILTNER: He's a sales manager for Alpha
as well.
MS. DONALD: Yeah.
BOARD CHAIRMAN ZANE: Okay. Any Board question
or comment?
Entertain a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I'd move that the -- that
Mitch Stiltner be granted his registration and that the
denial be overturned. And if there is a second, I'll
explain.
BOARD MEMBER COLBERT: Second.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: There's a motion and a
second.
BOARD MEMBER NADEAU: Mr. Chair, I base that on
disclosure, providing character, also on the fact that
his employer, or previous employer is here on his
behalf, and the recency. And, I think, mainly the
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disclosure, and then his explanation on what the
circumstances were.
BOARD CHAIRMAN ZANE: Thank you.
Any other Board question, comments?
Okay. All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
It carries unanimous. Congratulations.
MR. STILTNER: Thank you.
MR. BRAVO: Thank you very, very much.
BOARD CHAIRMAN ZANE: Tyger Summerise? Is that
right?
MR. SUMMERISE: That's me, yes. Let's keep the
overturn momentum going here, all right? You guys are
actually pretty brave. It seems like you guys should
definitely have a bailiff in here. I mean I'm sure
you've had your experiences over the year where somebody
just kind of snapped after getting the denial upheld,
I'm assuming? No?
BOARD CHAIRMAN ZANE: Most of us spend a lot of
time putting people in jail in our previous life. So I
think we can clear the table pretty fast.
MR. SUMMERISE: I was like, no bailiff in here?
BOARD CHAIRMAN ZANE: Who's the investigator?
MR. MAXWELL: Investigator Maxwell.
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BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: Mr. Summerise was initially made
provisional. All these arrests were out of California.
In 1997, he was arrested for carrying a loaded firearm
in a public place, the type unknown, two years
probation, five days, a five-day suspended jail
sentence.
And he was also arrested for four misdemeanor
arrests, the last one being intoxication. He did
disclose this arrest on his application. He put it down
as a battery charge, but it was found to be just
intoxication on the fingerprint report.
All the arrests were found on or confirmed by
the fingerprint report.
BOARD CHAIRMAN ZANE: Okay. What's your
response?
MR. SUMMERISE: Very surprised the
intoxication, but, you know, if it's there. I'm just,
intoxication, I don't do drugs, and I don't even like to
drink.
But as far as the firearm, I did make a
mistake. I was 20 years old at the time. I was working
as a security guard in a very bad area. I never wanted
to take the position. But, however, my father was never
there, and my mom needed help with money. So when I
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applied for this company, I'm thinking, what if they
hired me. They called me several days later. And the
first week of working a security position I was actually
stabbed. And I was really concerned at this point, you
know, considering, you know, I do need the job. I'm not
sure if I want to stay there. However, I did stay
there.
Now, I did make a stupid mistake after about
two or three incidents in working at this bowling alley.
And I did actually have a friend whose father was
actually in the service, and he had a couple of firearms
in his possession. And what I did is got a holster and
put this firearm and walked around with it, and nobody
questioned that I was not supposed to have it. Nobody,
didn't ask for permits. I even talked to law
enforcement officers when I had this weapon, you know,
several times, even at that bowling alley.
Now, however, I was taking my girlfriend to
school at Kelsey Northridge, California, where some law
enforcement officers were driving out of the location,
and they stopped to ask me for my license. And I told
them I don't have it. And they said, you know, "You got
to come with us." They took the firearm immediately,
and they told me to get in the backseat. I wasn't even
sure whether they were going to arrest me, because they
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didn't handcuff me, but I went to the station there, and
they did actually charge me with it.
Now, it was a really dumb mistake. I was doing
this probably for about four months, walking around with
this firearm in the holster, and nobody questioned it.
I just wanted to protect myself. I didn't want to be
murdered as I -- you know, working this job. I really
felt that something probably was going to happen here,
so.
I was given, I think it was a year or two
probation and did some community service. But I was
very fortunate because this could have turned out to be
a lot worse than what it was. I could have got a felony
easy.
And I do recall now. I mean after denial, I
started thinking about it. Because after so many years,
I thought that this wasn't even on my record anymore.
Because when I moved to Nevada, I applied for a CCW. I
was granted. Even before that, I went into a gun store,
and I purchased a firearm legally, and they gave it to
me.
So I wasn't even thinking about that. Even
when I'm applying for the CCW, the reason I put it on
that application and not this is because I remember the
instructor telling me, "Be very careful." Right before
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we're filling out the paperwork, he said, "Be very
careful to put everything on there. If you don't
disclose it, we're going to, it's going to be denied and
you're not going to get your CCW." So it was very fresh
in my mind at the time.
And I did work security at a school about 10
years ago. And I worked at a Van Nuys courthouse in
California. And this arrest didn't prevent these people
from hiring me. I remember the school, they pulled me
aside. And I was thinking to myself, okay, probably to
make sure this is not going to be on my record anymore.
They pulled me aside and said, "You made a dumb mistake.
We're doing think you're a bad guy, but we're going to
hire you anyway," and I got the job.
Now, I am working security right now, which I
planned on working security when I moved to Nevada.
However, the security position I'm working right now is
in California. Because the company, they have a lot of
contracts here in Nevada that they need filled ASAP.
And when I got the denial, I told them, "Well, I guess,
it's going to be a little bit before I actually, you
know, come back out here to work."
So I am working. Because I've got a guard card
in California. So I'm working at the Kaiser Hospital
and working in the solar industry. I have two jobs
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right now. But I don't want to do sales anymore. I
want to get out of the solar industry and move and
eventually work in the corrections, you know, here in
Nevada.
You know, and I do feel that I've become a
better person since I left California. And you're right
about that. But I do want to start fresh. I made a
couple of bad mistakes. They could have turned out a
lot worse than it did. And I hope that you guys can
overturn this and give me a chance to actually start
fresh out here.
You know, I plan on doing security for maybe
another year or two working for the company I'm
currently with right now, and then go on to corrections
after that.
BOARD CHAIRMAN ZANE: Okay. Any Board
comments, questions?
BOARD MEMBER NIXON: Mr. Chairman, I have a
question.
BOARD CHAIRMAN ZANE: Please.
BOARD MEMBER NIXON: You did list the battery
on a person in 2008. And then it seems you did list the
intoxication but then not the other, the other one back
in 2001 and '97. Was there a specific reason why those
weren't listed?
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MR. SUMMERISE: Yeah, like I said, I wasn't
even thinking about it at the time. I didn't even.
Just I got a couple jobs, hired. And when I got the
CCW, I almost forget about that arrest myself, to tell
you the truth.
As far as the intoxication, I'm still not sure
exactly what that is. But the battery was me and my
brother actually got into a fight. It was a family
altercation. He was getting into some trouble. And,
you now, my father's not there, so I felt like I have to
be the father, you know, and kind of talk some sense
into him. We had a couple heated conversations that led
to blows. And it was meant to be, because we were
fighting in the front yard, and an officer was driving
down the street at the time and arrested both of us. So
some good did come out of it, because he did change a
little bit since then. I did get that dismissed. And,
you know, it was something that should have happened.
Some good did come out of it, but it was a little bit
embarrassing and stuff like that.
As far this other misdemeanor, you know, it's
never stopped me from getting a job or even purchasing a
firearm, so I don't even think about it anymore. You
know, and even when I got my guard registration in
California, it wasn't an issue. They did give it to me,
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and I even got a license to buy teargas and a pepper gun
and all that as well. I don't even think about it
anymore.
Now, since I got this denial letter, I went
back to the courthouse where that happened, and I did
apply for, you know, to get this expunged so it doesn't
come up anymore. Because I just don't think about it at
all. And they haven't responded to me yet, but I'm
pretty sure it probably -- you know, they'll grant me
it, because I, you know, haven't been in any trouble or
anything, or anything like that since.
But, you know, I just want to start fresh with
that. I don't want to stay in California anymore. You
know, it's a major exodus taking place in the state of
California. I'm a part of it. I have family here in
Nevada. I just want to start over.
And, you know, fortunately for me, I don't have
to come and apply for a company. I'm already employed
with a security company right now. And, you know, I'm
going to stay with that same company, you know. As soon
as, or if you guys decide to overturn this and grant me
this license, I'll stay with that same company and move
out here for a year or two, and then go on and work
corrections after that.
BOARD CHAIRMAN ZANE: Well, what's the
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circumstances in the 2001 conviction for trespass,
refused to leave property, and it turned into 24 months?
MR. SUMMERISE: Yeah, what that was is when you
have a license -- I was working for a company. We were
going door-to-door. We were asking people if they
wanted to get us some, you know, home remodeling
projects. We didn't have a permit to be in the area.
It was the Lennox Division. They came and started
asking us for permits. Which, you know, I basically
said that, hey, our canvassing manager's around the
corner, and they can talk to him. And they arrested me
and one other person as well. I felt like it wasn't my
fault, you know. I was just trying to do -- you know,
make an honest living. And we didn't have permits to be
in the area. So they arrested me and one other person,
and they let us out the next day.
And it was very embarrassing. Because when I
went to the owner, he apologized. And, you know, I
didn't know that we were supposed to have permits. It's
just something I didn't even ask about. I didn't know.
But that's why they arrested me, because we didn't have
a permit to be in that area.
BOARD CHAIRMAN ZANE: Any other Board
questions?
BOARD MEMBER COLBERT: No.
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BOARD CHAIRMAN ZANE: Entertain a motion.
Second call for a motion.
I'll move to uphold the denial. Is there a
second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board comment or question on the
motion?
My comment is, is that I'm making the motion
based upon a lack of disclosure.
MR. SUMMERISE: You know why I think you should
reconsider this? Here's the thing. We all need favors
from people in life, no matter who you are, what
position you're in. Now, I do realize I made a couple
of mistakes. At the end of the day, you guys have jobs
to do. But I can guarantee that if you actually
overturn this and give me an opportunity, it's actually
a fresh start here, the next time that you need a favor
from somebody in life, no what the favor is, it will be
granted.
You would never see me again. I'm here to make
an honest living. And I just want to leave California,
come here to be closer to my family, and start over. I
would really appreciate if you guys would give me the
opportunity to do this and not hold mistakes that we did
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in the past. Every single person up here on this Board,
all of you, we all made mistakes in the past that we
regret and wish that we could take back. It probably
didn't lead to an arrest, but we all did, or said
something to somebody that we wish we could go back in
time and change. I think that you should grant me this
opportunity, because it would actually mean a lot to me.
I feel like this will be a slight bump, you
know, in life for me that has actually prevented me
from -- I'm not saying -- it's not going to stop me from
making an honest living. But I do have a few family
friends who actually did try to apply for this license.
They were denied. And what they did is turned to a life
of crime. I'm not saying I'm going to do that. But I
do understand how a lot of people in the street, they
tried to walk a straight line, they ended up off the
deep end and started committing crime and never got
back.
Now, I don't plan on doing that. I want to
make an honest living. And I think you should give me
an opportunity and reconsider this. Because I can
promise and guarantee all of you, you'll never see me in
here again or hear about me being in trouble with the
law. I actually want to work on the other side of the
law. That's what I want to do, work corrections. And I
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feel like, you know, this is a great time for me to
start fresh.
I mean it was very surprising to me when I
actually got the denial delivered. Because I was
curious. I'm walking around as an armed citizen, you
know, with a CCW. But I can't be an unarmed security
guard. I was very surprised. I was almost shocked when
I got it. I needed a license to buy teargas, but I
can't be an unarmed security guard. It was surprising
to me. But I understand, you guys have rules. But I
think that you should reconsider in my case, because,
you know, some good will come out of this.
BOARD CHAIRMAN ZANE: Well, I -- from -- at
this point, usually we don't debate it at this point.
But in order for you to understand where I'm coming
from, I am all about giving people a second chance.
Because everybody makes mistakes, as you said. And I
would be thoroughly prepared to give you that card had
you disclosed everything that existed that was going to
come back on your fingerprint report. I mean that's the
issue is the lack of disclosure.
And I can tell you're an intelligent man. So I
can't factor in the fact that you didn't see what was on
the application process, that you have to disclose these
things.
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MR. SUMMERISE: I know. But you're right.
But, you know, like I said, on a day-to-day basis I'll
walk around not looking at myself as a criminal, even
dwelling on the mistakes that I made in the past. I
move forward from things. And it really was just
absentminded at the time, and I wasn't even thinking
about these things, you know.
Two days before I came and applied for this
license, me and my brother, we were actually talking
about that time when we got in the fight. So it's very
fresh in my mind. And, you know, that was like one of
the first things I put on there, you know, because it's
very fresh in my find and we were just talking about it.
As far as the other things, you know, it wasn't
an issue to me or even came into my mind, because I did
have jobs where they actually hired me and did the
background check, even at a school working with
celebrity kids. And, you know, it wasn't an issue.
So it's just, you know, I'm walking around, you
know, on a day-to-day basis, and I didn't even think
about it. I even got traffic citations in the past
where, you know, a couple times they wanted me to step
out of the car, and they started asking me if I had
drugs or weapons in the car. And, you know, go ahead,
search. I'm all for the stop and frisk. And so I let
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them do that. And I remember on two different occasions
the officer saying, "He has no criminal history." This
is in California, and once was here in Nevada.
And so, you know, people ask me have you ever
been arrested before, I say, you know, nil, you know. I
don't walk around looking at myself or thinking of
myself as a criminal. And especially when I was granted
the CCW. I never even thought about anything that I've
ever been arrested for in the past. I'm moving forward
from that point on.
You know, and another reason why I don't want
to stay in California is that the crime is just -- you
know, it's a number of reasons. But I was carjacked at
gunpoint, you know. And I came to Nevada literally two
days later, leaving everything I had there, you know, to
stay there. I just wanted a fresh start. I felt like
I'm going to get hurt out there. And so I moved out
here. I purchased a firearm, and I wanted to protect
myself, because I don't want to be the victim of a
bully.
Now, fortunately for me, you know, my
grandmother, she owns three properties, you know, one
here. My mom lives in one here. And the condo where I
was living in the last several years in California.
Now, I'm willing to actually leave free rent and come
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here and start over and buy a home here, just because I
don't want to stay there. I don't like the politics. I
felt like something's going to happen to me. And when I
was carjacked at gunpoint, I never felt so hopeless in
my life. I just wanted to leave the state immediately,
and 48 hours later I was gone.
You know, and I came here. And I like the
politics here. You know, I like what Governor Sandoval
is doing. You know, Joe Barr is doing a pretty good
job. He'll probably be reelected, you know. And, you
know, I do realize Nevada has its flaws, but I just felt
like I'm supposed to be here. And my mom's been telling
me for years, "Leave California. There's nothing for
you there." You know, in addition to the crime and all,
via the politics. And I always told her, "No, I don't
want to move to Nevada." And then, when it happened, I
felt like maybe it's time for me to get out of there.
You know, but I want to come out here and make
an honest living. And I want to go work at McDonald's.
And the last year and a half, when I first moved out
here, you know, I had a few big months in sales. And so
when I came out here, I didn't apply for a job for
almost a year. I had a lot of savings. I didn't have
any debt. I don't have any kids. And so, recently, I
started thinking, well, maybe it might be time for me to
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get a job. And so I applied for this. I said, okay,
I'll do security for a year, and I'll go, in maybe a
year or two, go do corrections.
And when I was denied, that's when I started
thinking, well, wait a minute. And then I had to go
back to California, because I have a guard license in
California, and I worked some of those companies, and
one of them hired me that I used to work for years ago.
And that's the company I'm employed with right now.
You know, and I just want to start over. You
know, there's no question in my mind that I'll never be
arrested again. Now, I do realize that I can be charged
for something that's not my fault. There's a lot of,
you know, things that happen, you know. I'm not saying
there's bad. I do trust law enforcement. But I don't
plan on ever being arrested for anything ever in my life
again. I'm not a criminal. You know, I actually want
to be on the other side and bring criminals in, you
know.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions, comments?
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Let's see. There's a
motion. All in favor, say "aye."
(Board members said "aye.")
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BOARD CHAIRMAN ZANE: Any opposed, say "no."
It carries unanimous. You're free to come back
in a year.
BOARD CHAIRMAN ZANE: Crystal Sunier?
We'll trail number 48, Crystal Sunier.
Steven Tayrien?
Good afternoon.
MR. TAYRIEN: Good morning, or afternoon.
BOARD CHAIRMAN ZANE: It runs together.
Who's the investigator?
MS. DONALD: Investigator Donald.
BOARD CHAIRMAN ZANE: Please.
MS. DONALD: Mr. Tayrien was convicted of a
felony DUI in 2001 and was sentenced to two years prison
in California. He disclosed the arrest.
BOARD CHAIRMAN ZANE: So the denial was simply
for the felony?
MS. DONALD: Yes, for the felony.
BOARD CHAIRMAN ZANE: Okay. Can you tell us a
little bit about that arrest and the conviction?
MR. TAYRIEN: I had gone out with some friends
that night. And I was coming home on the freeway, and
came around a curve, and somebody had ran out of gas on
the freeway, didn't see them, hit the back of them,
causing them an injury, a broken collar bone. So I
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completed parole and the sentence.
BOARD CHAIRMAN ZANE: Did you take it to trial,
or did you plead?
MR. TAYRIEN: Plead. Yeah, the attorney kept
saying, "Just wait, just wait, just wait." So I waited
for a year, over a year. And I just, you know, I wanted
to tell them guilty from the get-go. Let's just get it
over with. I drank. I drove. I hit her. I caused her
injury. But he just thought he would be able to get a
better deal.
BOARD CHAIRMAN ZANE: Okay. Nothing since
then?
MR. TAYRIEN: No.
BOARD CHAIRMAN ZANE: What have you been doing
with your life?
MR. TAYRIEN: I came here in 2008 from
California to help my mom and dad. My mom had the
beginning stages of Alzheimer's. And when I got here in
2008, I moved into a mobile home park just to be in the
area, soon noticed that I needed -- couldn't go to work.
I had to help them more. Being in the park, it was
mostly a senior park. So I became active in the park,
and I started a neighborhood watch program and held
monthly meetings.
I was able to help her until she died in 2010.
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Due to my dad's failing health, I actually ended up
moving in with him. And he passed in 2017. So I was
his main caregiver. The past year, I've had to close
our their trust. So I've been doing that. So now I
have to be grown up and pay bills again. I'm hoping to
try some new things and something I'd like to do now,
so.
BOARD CHAIRMAN ZANE: Sure. Okay. Any Board
questions, comments?
BOARD MEMBER NADEAU: No.
BOARD MEMBER COLBERT: No.
BOARD CHAIRMAN ZANE: Okay. Entertain a
motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Mr. Tayrien's registration denial be overturned, based
upon time and distance and that he listed it and he's
not had any further contact with law enforcement.
BOARD CHAIRMAN ZANE: There's a motion. Is
there a second?
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board comment on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
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Passes unanimously. And they'll get you a
card.
MR. TAYRIEN: Thank you.
BOARD CHAIRMAN ZANE: Thank you.
Number 50, Julio Chea?
MR. CHEA: Yes, sir.
BOARD CHAIRMAN ZANE: Is that "Julio," or
"Hulio"?
MR. CHEA: Yeah. Appreciate it.
BOARD CHAIRMAN ZANE: Good afternoon.
MR. CHEA: Good afternoon, sir, and the Board.
BOARD CHAIRMAN ZANE: Who's the investigator?
MR. MAXWELL: Investigator Maxwell.
BOARD CHAIRMAN ZANE: Please.
MR. MAXWELL: Mr. Chea was issued a
provisional. Receiving his fingerprints, we found
arrests out of New Hampshire. 1989, felony forgery.
That disposition was unknown. Also, in '89, receiving
firearms while under indictment, which is a misdemeanor.
He got six months probation for that. And in 1991,
buying a firearm while under indictment, which is also a
misdemeanor, convicted, three years probation.
None of the arrests were disclosed, all found
in the fingerprint report. However, once notified, the
applicant obtained and provided court documents. And he
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also provided a character reference from Welcome Home in
Manchester, New Hampshire, where he worked as a manager.
BOARD CHAIRMAN ZANE: Okay. Mr. Chea?
MR. CHEA: Yes?
BOARD CHAIRMAN ZANE: What can you tell us
about these?
MR. CHEA: Oh, first of all, I just want to say
that for the past 30 years, I've dedicated myself to the
homeless, families in transaction, the needy, and also
disabled veterans. I've been involved in security for
30 years.
Back in 1989, during those two, roughly two and
a half years, I was working for a company that, let's
say the owner was a little bit shady. Everything was in
my name for financial reasons and so forth, and the
company had signed it by the State of New Hampshire. At
the time, I was also the competent person in asbestos,
lead and hazardous waste.
To make a long story short, my lawyer and I
went to court. The company went under and so forth.
And I got, I got penalized. I got blamed for
everything.
To make a long story short, my records, okay,
were supposed to be squashed, where I was told that by
my lawyer. I didn't know that I had this existing gun
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charge. And I explained that to Inspector Maxwell. I
tried, I got ahold of my lawyer, and here's what he told
me, basically, he said his records are gone, he's moved
on and so forth. I called up the archives. I finally
got a record of all those documents and to forth. I
never even went to court on these charges. I went to
court with my lawyer on the previous charges with the
existing companies. Okay. I didn't know that I was
charged. I didn't know that I had these charges,
anything like that.
I have had numerous, numerous criminal records
and checks done by me over the course of the year. I've
been, I've worked very closely with the New Hampshire
state police, the Massachusetts state police because of
the human service field that I was in. Nothing ever
came up.
I am currently a security officer. I was the
master sergeant for the Longhorns for over a year. I
have a gun license. My record has been clean. I have
no prior. I didn't have any contact with police or
anything like that since 1991.
And I didn't know, okay, that I had these
existing charges, or whatever you want to call it. And
when I called up the courts in New Hampshire, I finally
got ahold of the lady who was like the clerk of the
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courts of archives, and she had a very hard time finding
the records and so forth. She did finally. It cost me
like almost $200 to get copies of this. Okay. And then
I was reading the indictment, or excuse me, the charges,
okay, and I called her back and so forth. And all she
told me was that it got moved up to Superior Court. And
I explained to her, I said, "I never went to court."
She goes and she looked it up. She says, "Yes, you
know, you never went to court. But somehow, you know,
you got convicted on it." Which I didn't know. If I
had known that, like I said, I'm straightforward and
honest, I would have put it down on my application.
But I had no idea that I had these charges,
number one. Number two, if I had known about it, okay,
I would have put them down. And number three, I just
didn't know. I didn't know that I had these charges on
me. And like I said, I've had criminal checks on me,
you know, I mean lots of them, by lots of police
departments, because, like I said, the field that I was
working in, and none of this ever came up.
She even told me they're so old that they were
sealed in the archives, and they had transferred from
paper to today's technology, computer disk, whatever,
and all that. And I went through, like I told
Mr. Maxwell, I went through like two and a half weeks of
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calling night and day, to try to get a copy of these
records, okay, to find out, you know, why it happened in
my record and so forth.
That's it, sir, in a nutshell.
BOARD CHAIRMAN ZANE: When you, when it says
indictment, in Nevada an indictment only happens at the
felony level. So I'm a little bit confused. Is that
indictment for misdemeanors in New Hampshire?
MR. MAXWELL: It didn't really say, sir. I
didn't see anything on the fingerprint report that said
indictment.
BOARD CHAIRMAN ZANE: Okay. There was a buying
of a firearm or possession of a firearm while under
indictment?
MR. MAXWELL: So, yes, while under indictment,
receiving firearms, which he got six months probation
for, and buying a firearm while under indictment, which
he got three years probation. I think, that's, the
indictment was for the Class B felony case, which was
the first one Mr. Chea explained.
BOARD CHAIRMAN ZANE: Okay.
MR. CHEA: Could I add something to that, sir?
BOARD CHAIRMAN ZANE: Please, yes.
MR. CHEA: I was working at a shelter called
New Horizons, which is shelter in the city of
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Manchester. We had a shooting, and we had a couple of
stabbings. The board came to me and suggested that I
get a firearm, you know, for protection, because some of
their staff had been attacked, you know, at the time.
Anyway, I purchased a gun, yes, I did, and in a
gun shop in southern New Hampshire, okay, while under
indictment. Which I didn't know that you couldn't buy a
gun under indictment. ATF showed up at my office like
two and a half weeks, you know, or two weeks after,
knocked on the office, and asked me, "Did you buy,
purchase a gun?" blah, blah, blah. And I said, "Yes, I
did." I said, "It's right here." And I had it, you
know, in my desk in the holster and so forth.
And what they said to me was, "You're under
indictment. You can't purchase a gun." So I handed
them the gun, and I said, "What's going to happen?" and
so forth. And, basically, the ATF just says, "We'll get
back to you." And that was the last I heard of it.
And, like I said, I never went to court on it, sir.
BOARD CHAIRMAN ZANE: Okay. Out of all of the
documents that he's provided, was there any court
minutes of any type, or was it just dispositional
documents?
MR. MAXWELL: It was the copy of judgment from
the district court in Concord, New Hampshire. And it
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was the judgment.
BOARD CHAIRMAN ZANE: Okay. Any other Board
questions?
Entertain a motion.
Second call for a motion.
BOARD MEMBER COLBERT: Mr. Chair, I move that
Mr. Chea's denial be upheld, and based upon his failure
to disclose.
BOARD CHAIRMAN ZANE: Is there a second?
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: There's a motion and a
second to uphold the denial. Any Board questions or
comments regarding the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Passes unanimous. We've upheld the denial for
failure to disclose the history. You're welcome to come
back in a year. I'm sure if you fully disclosed, you
probably would have seen a different outcome. Thank
you.
MR. CHEA: Thank you.
BOARD CHAIRMAN ZANE: Number 51, Darnell
Morris?
Are you Mr. Morris?
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MR. MORRIS: Yes. How are you dong today?
BOARD CHAIRMAN ZANE: Good. How are you?
MR. MORRIS: I'm fine.
BOARD CHAIRMAN ZANE: Who's the investigator?
MS. DONALD: Investigator Donald.
BOARD CHAIRMAN ZANE: Please.
MS. DONALD: In 2004, out of the California,
Mr. Morris was convicted of a felony for transporting
and selling narcotics. He was found guilty and served
three years in prison. He did disclose.
2000, out of the California, Mr. Morris was
found guilty of a felony transporting and selling
narcotics, found guilty, two and a half years prison.
He did disclose.
1994, out of California, found guilty of a
felony possession and purchase cocaine, guilty, four
years prison. He did disclose.
BOARD CHAIRMAN ZANE: Okay. Mr. Morris, can
you tell us a little bit, something about those, that
criminal activity?
MR. MORRIS: Just was unemployed and just
started selling drugs.
BOARD CHAIRMAN ZANE: Were these trials or
pleas?
MR. MORRIS: No, these were all pleas.
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BOARD CHAIRMAN ZANE: Pleas?
MR. MORRIS: Yes, sir, m-hm (affirmative).
BOARD CHAIRMAN ZANE: What have you been doing
with your life since 2004?
MR. MORRIS: I got my, through the V.A.,
pension. Yeah. When you get -- everybody in the
military, you can file for a pension. So I filed, and
they approved it.
BOARD CHAIRMAN ZANE: What branch of the
military?
MR. MORRIS: United States Navy.
BOARD CHAIRMAN ZANE: Thank you for your
service.
MR. MORRIS: Yes, sir.
BOARD CHAIRMAN ZANE: And, what, you want to
get into the security field?
MR. MORRIS: Yeah, I did it back in '91 for a
couple of months. And I'm getting bored just sitting
around the house. So I said I'm going to try to get me
another job.
BOARD CHAIRMAN ZANE: I see. Okay. When was
the last time you imbibed in narcotics?
MR. MORRIS: 2004.
BOARD CHAIRMAN ZANE: Did use have anything to
do with --
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MR. MORRIS: Oh, no, sir, I never, never, never
use, never drink, never smoke, none of that.
BOARD CHAIRMAN ZANE: So it was just a matter
of economics?
MR. MORRIS: Basically, yes, sir.
BOARD CHAIRMAN ZANE: All right. Any other
Board questions, comments?
Call for a motion.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I move to grant Darnell
Morris a registration work card and overturn the denial.
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: We have a motion. Is
there -- oh. We got a second. Any comment or question
on the motion?
BOARD MEMBER NADEAU: Yes, sir.
Mr. Morris, thank you for being straightforward
and honest.
MR. MORRIS: Yes, sir.
BOARD MEMBER NADEAU: And for disclosing.
MR. MORRIS: Yes, sir.
BOARD CHAIRMAN ZANE: Okay. All in favor of
the motion, say "aye."
(Board members said "aye.")
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BOARD CHAIRMAN ZANE: Any opposed, say "no."
The denial will be overturned, and they'll
issue you a card.
MR. MORRIS: Thank you, sir.
BOARD CHAIRMAN ZANE: Thank you.
MR. MORRIS: Take care.
MR. INGRAM: We have several trailed items.
BOARD CHAIRMAN ZANE: Okay. We'll take them
one at a time, so we have a clear record.
MR. INGRAM: The first trail I have is item
number six, Invictus International Holdings.
BOARD CHAIRMAN ZANE: I had the opportunity to
go back and check the minutes. And it shouldn't be
surprising that I wasn't as clear as I should have been
when I was talking and thinking at the same time. So I
don't have a firm recollection of the issue that I
wanted to raise at the first meeting. I just knew that
I wanted an answer regarding the filing at the Secretary
of State that caused me some issue when I was doing the
homework.
So is there any reason why this person wouldn't
be here again?
MR. INGRAM: They were noticed. They knew the
reason for the postponement was that they did not appear
the first time.
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BOARD CHAIRMAN ZANE: When I make the mistake
of handing you back the thumb drive, I also hand you
back my memory, so.
MR. INGRAM: I resemble that remark.
BOARD CHAIRMAN ZANE: So without somebody here
to answer a question, it seems to me like my issue was
with regard to the Secretary of State. Because I think
that that was my mantra that meeting. It was just one
of those things I just default, chose to default to when
I was doing my homework. So it was just figuring out
what was going on with the Secretary of State, so.
MR. INGRAM: And I know that Gisela Corral did
have contact with them again and notify them of the
meeting. And we fully intend that she intended for them
to be present today.
BOARD CHAIRMAN ZANE: I hate to make a denial
based upon something that I had in my mind at the time
when, I think, I was -- that was the only thing that was
raised as a negative. And I don't know that it was a
negative. I just needed clarification from somebody.
MR. INGRAM: Investigator Maxwell, did you have
any notes, additional notes on the background itself?
MR. MAXWELL: Only what was --
MR. INGRAM: Previously presented?
MR. MAXWELL: Previously presented, sir.
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BOARD CHAIRMAN ZANE: I went back again through
the minutes of the December meeting, and it's finally --
I think, I didn't fully explain it because they weren't
physically present, so I wasn't -- you know, I didn't
make a good enough record. So. But they had notice
that we're here and we're ready to go.
I'd move for denial of item number six,
Invictus International Holdings, LLC.
BOARD MEMBER COLBERT: Second.
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: Okay. We have a motion
and a second. Any Board discussion or question
regarding the motion?
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: I guess, I'm a little
reluctant to vote, or to support the motion, only
because this is a member. It's not a qualifying agent
or anything of that nature. It doesn't rise to the same
level of qualifications as a qualifying agent. So I
don't know that I can support the motion.
BOARD CHAIRMAN ZANE: That's a good point.
Thank you. Now that you've mentioned it, I don't like
that, either.
BOARD MEMBER COLBERT: Mr. Chair?
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BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER COLBERT: This is for Mr. Ingram.
When you contacted them, did they give any indication
why they weren't here the last time, or provide any
information?
MR. INGRAM: Right. It was a travel deal.
They wanted to know if it was absolutely necessary for
them to be present. And Board staff tells them the same
thing every time. It's not a requirement by statute or
regulation. However, we strongly urge them to be
present in the event there's a question for
clarification. And they chose at that time not to, to
show. Board history normally did not require a member
or a corporate officer to always be present. It was
just individuals that were coming before the Board for
licensure.
So, as Mr. Nadeau put on the record, those have
never been held to the same level of them appearing
before the Board, just because they are a member or
corporate officer and not actually the licenseholder for
the company.
BOARD MEMBER COLBERT: Were they notified that
there was an issue that needed clarification?
MR. INGRAM: Yes, sir.
BOARD MEMBER COLBERT: Okay.
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BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Thank you, Mr. Chair. My
recollection was that this item was, then, part of the
block vote, except for the question as far as the
Secretary of State.
BOARD CHAIRMAN ZANE: In looking back, and I
have accessed the Secretary of State's website, and in
looking back, I think I had a question with regard to
MBI Asset Management, LP, because they are listed as a
managing member in the corporate documents, but they're
not, as I recall, included in our files. So that would
be a separate legal entity not being a human being,
being a managing member of an organization that seeks to
have licensure.
So the entity itself is listed as the managing
member, which is self-explanatory; a managing member of
Matthew Koetting; a managing member of Stephen Krueger.
But then the fourth managing member was a separate
entity, MBI Asset Management, LP.
So, I think, that's what caused my question as
to who makes up MBI Asset Management, LP. Because
they're a managing member, they would have -- it would
seem like they should be here, whoever those people are
that represent that company should be here subject to
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licensure. That's my recollection now.
So we had Invictus International Holdings, LLC,
and we're looking to -- they've already got a licensee.
And they were seeking member approval for Mr. Krueger,
who is listed as a managing member. And, I think,
Mr. Koetting ("Kote-ing") or Koetting ("Keet-ing") or
whatever, is the licensee, correct?
MR. INGRAM: Yes.
BOARD CHAIRMAN ZANE: Yes. So we've got the
two principals involved there in Invictus International.
That's a taxation issue. But then, with this separate
entity, MBI Asset Management, LP, why aren't they on our
agenda, and why didn't that entity file an application
to be considered? We don't know who they are. We don't
know. Well, I guess, we can look around, look them up,
right? MBI Asset Management.
Without casting aspersions, it seems like the
type of foundation that you use to hide things, or to be
reasonably crafty anyway.
Now, in MBI, we've got a general partner of
RD Inc. So we've got another company and another layer
of business.
So, I think, my point at the time was I can't
even consider this without somebody showing up and
making it, having them make it make sense to me.
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So, from the perspective that -- oh, I'm sorry.
BOARD MEMBER NADEAU: No. No, go ahead.
BOARD CHAIRMAN ZANE: From the perspective of
the action to deny, I would guess that that would only
be the denial for that application based upon their
wanting Mr. Krueger put into the mix and listed as a
member. I don't think that it would do anything to
revoke the license or its current operation. However,
this might raise enough of an issue that we might have
to take a look at it and see who's actually running this
company.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes, sir.
BOARD MEMBER NADEAU: Would an alternative be
for the Board to inquire as to who -- we know, we know
Krueger is a member of the LLC.
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NADEAU: Would it be maybe an
alternative route to inquire of them as to who the
other, other member or, you know, whatever, the other
managers? In other words, shed some light on that
rather than deny a member that's an individual. Maybe
I'm not being very clear on that, but.
And I'm kind of stuttering around here, but,
you know, he's a real person. So, therefore, to deny
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him would then -- then, we wouldn't have a real person
as far as the LLC. You know, because we have another
entity. What is it called, MBI Asset Management?
BOARD CHAIRMAN ZANE: Right. And then they're
owned by a company called RD Inc.
MR. INGRAM: We always can open an audit.
BOARD MEMBER NADEAU: I'm sorry?
MR. INGRAM: I said we can always, if you were
to approve him as a member, since he is listed on the
Secretary of State, we could always open up an audit
from that company, for Invictus, to go down those couple
of layers to investigate not only MBI, but the other
party, RD Holding, or whatever it was, and audit those
records and then report back to the Board at a later
time.
BOARD CHAIRMAN ZANE: Well, for me, it's kind
of like the cart before the horse, though, because I'm
not so sure. For a licensee to include someone on the
corporate structure, prior to being approved by the
Board, seems to me the wrong way to go. I mean if he's
already put on the corporation as an officer or a
member, before we approve it, that that seems like there
was some forgone conclusion that he was qualified to do
so.
Now, if the company has other holdings, and
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they produce widgets, and he's in charge of the widget
thing, that would cause another question. But if all
they do -- and it may be that there are other avenues
for business to operate, since you have three layers of
business. There's got to be some reason that you have a
corporation that's owned by a limited liability company,
which in turn becomes a managing member of a third
limited liability company. That's either got to be an
accountant's dream or there's some reason for that
insulation.
MR. INGRAM: Well, we always require that the
individuals be added to the Secretary of State, along
with their application to become a member or a corporate
officer. That's part of the requirement that we provide
to the Board for review, is to show that they've gone
through the process of adding them through the Nevada
Secretary of State, for them to then come before you as
an applicant for member or corporate status.
I guess, what we could do is go back to that
initial investigation that was conducted on Invictus and
Mr. Koetting to see if he was added before or after.
BOARD CHAIRMAN ZANE: Well, I don't see any
problem with that when there's no license in existence.
MR. INGRAM: Right.
BOARD CHAIRMAN ZANE: So if you show up with a
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Nevada corporation and say this is how we're going to do
business if we get a license, well, that presupposing.
You're not doing business already as a security in the
state with somebody that hasn't been vetted.
MR. INGRAM: True.
BOARD CHAIRMAN ZANE: Because he's walking into
an existing license.
MR. INGRAM: Right.
BOARD CHAIRMAN ZANE: Rather than we formed a
corporation, and now we want to come through and be
anointed to do the duty. That causes a little bit of
trouble. Because, otherwise, theoretically, they just
throw a couple more officers in. And if it was
contemporaneous, that doesn't cause me as much
heartburn, you know, but.
MR. INGRAM: Right.
BOARD CHAIRMAN ZANE: I just, now that's the
fog, and the memory is coming back a little bit. And it
was just the fact that it caught me as strange that it
would have those levels of corporate involvement without
having included in the application process, so that
there would be a disclosure that maybe you need to
investigate this company and this company and this
company. I doubt that they want to pay all of those
investigative fees.
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BOARD MEMBER NIXON: Devil's advocate, wouldn't
that be the only reason you'd want to be here, to answer
the questions, not go through that process, so.
BOARD CHAIRMAN ZANE: If the second will allow,
I can withdraw my motion.
BOARD MEMBER COLBERT: No problem.
BOARD CHAIRMAN ZANE: Okay. And ready for a
new one if somebody's got one.
BOARD MEMBER NADEAU: Mr. Chair, I'll try.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NADEAU: Thank you. I would just
make a motion that the item for Invictus International
Holdings, LLC be moved to the next regularly scheduled
PILB meeting, and in the interim they be contacted.
And I don't really want to include the audit,
an audit piece in the motion, unless you think it's
absolutely necessary. But I think there should be some
requirement by the Board as to who all is involved. So.
BOARD CHAIRMAN ZANE: We have a motion. Is
there a second?
BOARD MEMBER COLBERT: Second.
BOARD CHAIRMAN ZANE: Okay. Any Board
questions or comments on the motion?
BOARD MEMBER NADEAU: Does Kevin need, does
Kevin need the audit piece in the motion? If not, then
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it will not be included.
MR. INGRAM: No, it's not required. We can do
that at any time.
BOARD MEMBER NADEAU: So that is not, the audit
is not part of the motion, just to be clear.
BOARD CHAIRMAN ZANE: Okay.
BOARD MEMBER NIXON: Can I ask a question?
BOARD CHAIRMAN ZANE: Sure.
BOARD MEMBER NIXON: Does this get postponed
until -- I mean when do we say you haven't showed up,
you know, you're denied?
BOARD CHAIRMAN ZANE: I would assume, if it
gets on the next agenda, I'd have a hard time voting to
let it go past that.
BOARD MEMBER NADEAU: And I'd probably fully
agree with that.
BOARD CHAIRMAN ZANE: In the discussion portion
for the motion, I wanted to make sure that the record is
clear that I wasn't pronouncing my little jaunt through
the Web, to the Secretary of State's office, as evidence
of any nature. That would be up to staff to conclude
the veracity of the -- I was just trying to recollect
my reasoning for not wanting to handle it in a block
vote at the last meeting.
So I'm not saying that this is research. I'm
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not supposed to be the investigator. So I'm just saying
that's what caused me to have that at the last meeting.
So whatever I just said wasn't -- I'm not basing it on
any fact, just what I saw.
So, all in favor?
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimously.
MR. INGRAM: The next trailed item is item
number 22, R & G Securities LLC. Ms. Garnetta Brown was
notified. And Board staff was under the impression that
she would be present today.
BOARD CHAIRMAN ZANE: Can we have a motion to
postpone to the next meeting? Or I make the motion.
BOARD MEMBER NIXON: I second.
BOARD CHAIRMAN ZANE: We have a motion and a
second. Any Board discussion or comment on the motion?
All in favor, say "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous.
MR. INGRAM: And we already put on the record
that item number 27 would be withdrawn.
The next trailed item I have is item number 36,
Johnny Hardwick.
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BOARD CHAIRMAN ZANE: Okay. Item number 36,
Johnny Hardwick. Is he, Hardwick, here?
Which one's next?
MR. INGRAM: The next item is number 39, Steve
Larkey.
BOARD CHAIRMAN ZANE: Steve Larkey, item number
39?
MR. INGRAM: Next item, 45.
BOARD CHAIRMAN ZANE: Sarah Schayes, item
number 45?
MR. INGRAM: Next item is 48, Crystal Sunier.
BOARD CHAIRMAN ZANE: 48, Crystal Sunier.
MR. INGRAM: And that's the last trailed item I
have.
BOARD CHAIRMAN ZANE: I move we deny the
appeals for item number 36, Johnny Hardwick; 39, Steve
Larkey; 45, Sarah Schayes; 48, Crystal Sunier.
BOARD MEMBER NADEAU: Second.
BOARD CHAIRMAN ZANE: Any Board comment or
questions regarding the motion?
All in favor, stay "aye."
(Board members said "aye.")
BOARD CHAIRMAN ZANE: Any opposed, say "no."
Carries unanimous.
That brings us to Board comment and future
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agenda items.
MR. INGRAM: Mr. Chairman, I have a couple of
items. First of all, I'd like to introduce our newest
investigator to the Board. Shawn Mahan, who is up there
in our Carson City office, has been on board for a short
period of time with us. And he come to us from Storey
County Sheriff. He also has a couple of degrees in
mental health counseling. And he's come on board and is
learning very quickly. And we're glad to have him as
our investigator in the north.
MR. MAHAN: Thank you. Thank you very much,
Kevin.
MR. INGRAM: The other thing, a couple other
items. We have had a request by a couple of individuals
now who are asking if they can purchase one of our Board
pins that we've had made. They like them. They collect
them.
And at the original time when the pins were
discussed, there was discussion amongst the Board, but
not a vote. The only vote was that, yes, I could move
forward to use some money to purchase the pins. Okay.
There was discussion of who should have access to the
pins. And in an informal discussion, it was decided
that only Board members and Board staff would have
access to the pins.
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And it has been brought to my attention that
there's others who would like to purchase them. So I
didn't know if that's an item that we need to agendize
for future to actually have a vote on it, or if an
informal decision might be made on that.
BOARD CHAIRMAN ZANE: From my perspective, I
view them and consider them as something similar to a
patch. And, you know, they're not a designation of any
authority. So if somebody covers the cost and they want
to be -- accept FOB, you know, more power to them. But
that's just me.
BOARD MEMBER NADEAU: Mr. Chair, I agree.
BOARD MEMBER COLBERT: I don't have a problem
with that. That would be fine.
BOARD MEMBER NIXON: I have no problem.
MR. INGRAM: Rosalie, do we need to make a
formal, do we need to agendize this and have a formal
vote, or can we do this informally?
MS. BORDELOVE: Well, I would have to look
into, I guess, the extent that you need a vote. But to
the extent that it's happening during a meeting in an
agenda item that's about future agenda items, I don't
think any decision can be made right now, under open
meeting law concerns, because we're under number 52,
which doesn't --
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MR. INGRAM: Right. It also says "Board
Comment."
MS. BORDELOVE: Right. So a little comment can
be done. I wouldn't make any decisions here. Whether
it -- I can discuss with you further whether it's
something that the Board has to officially decide on.
MR. INGRAM: Okay.
MS. BORDELOVE: But I would recommend probably
not making any official or unofficial decisions under
this agenda item.
MR. INGRAM: Okay. Thank you.
One last item, pursuant to Administrative Code
648.280, I'm required to just put on the record of a
quarterly board meeting any, the number of individuals
that I have approved authorization to work on a case in
Nevada that started in another jurisdiction. And for
this quarter, we had three requests. They provided all
the documentation that was required. And three
approvals were granted for short periods of time. And
so, again, just wanted to put that on the record
pursuant to NAC 648.280.
That's all I have.
BOARD CHAIRMAN ZANE: Let's see. I have an
informal issue that doesn't necessarily make a decision,
but it could be something that Kevin might need some
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assistance on. I don't even know if it comes to
fruition. But I've got, in my private business I've got
an issue with a complainant that we're trying to work
on, apparently, not to his satisfaction all along the
process. But the individual's name is Michael Gudgeon,
G-U-D-G-E-O-N. And this is involving a repossession
activity.
Mr. Gudgeon, in his last foray with me
personally had indicated that he expected to -- what
does it say here? He figured out that I'm a Board
member and said that he was going to escalate his
complaints because I won't resolve them within my
company. So, of course, I haven't gone beyond that
little piece of extortion.
But in the event that he does make a complaint,
I wanted to have -- I didn't want to have anything
whatsoever to do with it. So I first anticipated, based
upon the nature of his communications with me, that he
might have showed up here today and wanted to dance a
little bit. But since he didn't -- and I take him at
his word that he's not going to go away. But I also
don't want to deprive him of his opportunity to be
heard.
So I'm hoping that if Mr. Gudgeon makes a
formal complaint to the Board, and to the extent that
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there needs to be any assistance at the Board level,
that I can put a rope around your neck, Mr. Nadeau, to
act as Chairman on the individual complaint for Michael
Gudgeon, if one happens upon us?
BOARD MEMBER NADEAU: Whatever you direct me,
Mr. Chair.
BOARD CHAIRMAN ZANE: Thank you. I don't know
that it would come to that, and I don't know that any
complaint's going to come. I welcome him to take me to
court or anywhere else he'd like to go. But he's --
tends to want to do something. I don't know what.
But I wanted to make sure Kevin could have some
assistance if he shows up on his doorstep and wants to
make a problem. I don't want to be the guy on the phone
with Kevin telling Kevin what he should or shouldn't do,
based upon the nature of whatever his claim might end up
being. So I'd just like to have it as clean as
possible.
MR. INGRAM: Absolutely.
Rosalie, we'll be there together.
MS. BORDELOVE: Say that again.
MR. INGRAM: I said you and I would be dealing
with that together, so.
MS. BORDELOVE: Yes.
MR. INGRAM: I'll wait to see if anything is
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filed.
BOARD CHAIRMAN ZANE: I wouldn't have brought
it up, except for I didn't want it to come as a surprise
and then have you reach out to me, and then with us have
to go behind it. I just put you in front of it and say,
up to Nadeau, or Mr. Nadeau.
MR. INGRAM: Thank you.
BOARD MEMBER NADEAU: Mr. Chair?
BOARD CHAIRMAN ZANE: Yes.
BOARD MEMBER NADEAU: For a couple of maybe
agenda items, if the rest of the Board would be
interested, is it possible that for one of our agenda
items we could get a legal update as far as existing
lawsuits that may be in the process? I don't know if
that's -- if our counsel would allow that. But it would
just seem to me that that might be an idea.
The other thing is, when we were working in the
workshop and we passed the regulation, we were talking
about reciprocality and that type of thing. And I was
just going to ask. Kevin, how -- and not for
deliberation, but are we going to have some kind of a
report at our Board meetings on who is granted
reciprocation and that type of thing?
MR. INGRAM: Yes, absolutely. And, in fact,
based on the last discussion at the Board, we were able
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to finalize -- I received from the Governor the signed
approval of the endorsement. We've now, the next step
is moving that regulation forward through the regular
administrative process. So that will be going forward
to make that permanent.
BOARD MEMBER NADEAU: That'll be going to
the --
MR. INGRAM: And if it --
BOARD MEMBER NADEAU: That'll be going to the
Legislative Commission?
MR. INGRAM: Yes, so it'll go to LCB again,
through the formal process. And as of right now, any
applications that are being received with out-of-state
licensing, we will follow that regulation to the T, that
was passed. And then, at the next Board meeting or at
any Board meeting where we have to make determinations
based on that, a report will be provided to the Board as
a whole.
BOARD MEMBER NADEAU: Is there a plan to post
reciprocal states on our website or anything of that
nature?
MR. INGRAM: That's something we could do, if
the Board so chooses. You know, we're still in the
process of the transition from the old database to the
new.
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BOARD MEMBER NADEAU: Right.
MR. INGRAM: They're on a very tight deadline
to bring everything to fruition, which gives them about
another week to finalize everything. I can tell you
that we've made tremendous progress. We will then be in
control of our website wholly. And updates can be made
there very quickly.
Chief of Operations Lori Irizarry is our
resident website guru, and she'll be training a couple
more on how to make updates to the website. She's done
a phenomenal job. And so anything that we decide we
want to post for public record, we can do that fairly
quickly. And I think it is a good idea, because of the
regulation requiring us to do so, that we do make it
public record.
So in a long way, I'm telling you, yes, I think
that's a good idea and, yes, we will do that.
BOARD MEMBER NADEAU: But I mean we can't
deliberate on issues. It was just a comment.
MR. INGRAM: Correct. It's only if it's -- I
don't think it's a decision that has to be voted upon.
You know, I have to make public records accessible to
the website. So that's something that I'll do in an
informal process.
BOARD MEMBER NADEAU: Okay. Thank you,
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Mr. Chair.
BOARD CHAIRMAN ZANE: Also, I wanted to give a
short update on our appearance before the Sunset
Committee.
MR. INGRAM: Yes.
BOARD CHAIRMAN ZANE: We're probably going to
have to go back before them again this month. I think,
we were able to answer all of their questions except for
the comparison of how much we charge versus what other
states charge and whether or not we were nice to
business. So it came along the lines of, you know, can
we be cheaper than anybody else. But I can ask for some
comparisons that Kevin's trying to put together, but
there's a lot of apples to oranges, because a lot of
state agencies are General Fund funded. They're not
self-funding entities.
So, but that didn't seem to want to hit the
right spot in that meeting with a few of the, you know,
government, less government is best government-type
legislators.
BOARD MEMBER NIXON: Is there any comment on
that as to how long it takes other agencies to get,
issue guard cards?
BOARD CHAIRMAN ZANE: Well, we talked at length
about the level of efficiencies that we're doing, and we
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put a comparison up to what we're doing in comparison to
California. As a matter of fact, in my testimony, I
said, you know, I'm licensed in California and nobody's
ever knocked on the door and said boo. I've been cited
twice by my own agency.
BOARD MEMBER NIXON: Yeah.
BOARD CHAIRMAN ZANE: So that tells you a story
about who's doing what, where.
BOARD MEMBER NIXON: In Arizona, it takes --
and in New Mexico -- anywhere from four to six weeks for
an employee to get a guard card.
MR. INGRAM: Yeah, they were more keyed into
the licensing fees. Our licensing fees are higher than
most other states, in fact, all the other the states.
But, in comparison, when I did the comparison for
licensing, original licensing and renewal licensing
fees, I added in the expenses of what we charge for
branch offices versus other states, significantly lower.
What we charge for guard cards or work cards versus
other states, tremendously lower.
So even if they were to come back and say, yes,
I think we need to bring our licensees, licensing fees
more in line with the other states, we would more than
make up for that in bringing our fees for our work cards
up to the level that's an average of the other states.
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We would still be able to sustain, you know, our budget
the way that we do right now, and actually put more
money into the budget to allow for more staff to be
hired to do a better job of compliance checks.
BOARD MEMBER NIXON: Because that's the only
thing. I mean it takes them so long to get employees
licensed in Arizona that they have, you know, other
costs. So it's not business-friendly, because they're
paying overtime and everything else because they can't
get employees on staff. Whereas here, it is.
MR. INGRAM: And I don't know if during the
Sunset Committee if they allow for additional witnesses
to speak on behalf of the agency. I mean that's
something I could inquire about. You know, I don't know
of any instance where somebody who's trying to get
licensed here said, nope, it cost too much, I'm not
going to move forth with licensure. I've never had
somebody tell me that, and in my, what, five and a half
years now.
BOARD MEMBER NIXON: And there's a lot of
programs that go along with that, too, JobConnect, issue
vouchers if they need help.
MR. INGRAM: And right now, our turnaround,
what's our turnaround time for work cards?
MS. IRIZARRY: Regular work cards is about one
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or two weeks, expedites about one to two days.
MR. INGRAM: Yeah. So one to two weeks versus
one to two days on expedites. You know, even when we
were down, even when the website was down for those two
weeks, we were still turning out work cards. There was
absolutely no delay. It's just that they couldn't apply
online. They had to apply in-house. But we made some
accommodations to make sure that it didn't put a burden
on the licensees having to send their staff into our
office. In fact, in the north, Investigator Mahan would
go to local business offices and pick up applications or
bring them to Carson City with him, to prevent them from
having to drive to Carson City, and that was
well-received.
So we'll see how that goes. Steps have been
provided to the Sunset Committee. I'll be sending you a
copy. And I believe we'll do the best we can to answer
the questions.
BOARD CHAIRMAN ZANE: Yeah. I think, that's
all I have.
That brings us to item number 54. All right.
Motion to adjourn.
MS. BORDELOVE: Don't forget public comment.
BOARD CHAIRMAN ZANE: Hey, good job.
Anybody have public comment?
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MR. INGRAM: No public.
BOARD CHAIRMAN ZANE: No public in the north?
BOARD MEMBER COLBERT: Nothing north.
BOARD CHAIRMAN ZANE: Nothing in the south.
Now I move for adjournment.
MR. INGRAM: But nobody wants to second.
BOARD MEMBER NIXON: Second.
BOARD CHAIRMAN ZANE: All in favor, say "aye."
(Board members said "aye.")
* * * * *
(The meeting adjourned at 2:07 p.m.)
-oOo-
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REPORTER'S CERTIFICATE
I, SHANNON L. TAYLOR, a Nevada Certified Court
Reporter, Nevada CCR #322, do hereby certify:
That I was present at the Office of the Attorney
General, 100 North Carson Street, Mock Court Room,
Carson City, Nevada, on Wednesday, March 7, 2018, for a
matter scheduled for 9:00 a.m., and commencing at
9:13 a.m. took stenotype notes of a meeting of the State
of Nevada Private Investigators Licensing Board;
That I thereafter transcribed the aforementioned
stenotype notes into typewriting as herein appears, and
that the within transcript, consisting of pages 1
through 206, is a full, true, and correct transcription
of said stenotype notes of said meeting;
I further certify that I am not an attorney or
counsel for any of the parties, not a relative or
employee of any attorney or counsel connected with the
actions, nor financially interested in the actions.
DATED: At Carson City, Nevada, this 6th day of
April, 2018.
____________________________
SHANNON L. TAYLOR
Nevada CCR #322, RMR