HomeMy WebLinkAboutAdmin Order 53-90-01
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CIJ_Y fILE NO. ?~-9~-oL__
ADMINISTRATIVE ORDER
of the
CITY MANAGER
PROPOSED ADMINISTRATIVE RULE R-3.285-DETECTIVE OR SECURITY AGENCY
Pursuant to the authority contained in Section 3.012 of the
Eugene Code, 1971, I intend to repeal the Detective or Security
Agency Administrative Rules adopted by me on December 23, 19~5, and
subsequently amended, and to adopt Rule R-3. 285 Detective or
Security Agency Administrative Rules that provide:
RULE R-3.285 - DETECTIVE OR SECURITY AGENCY
R-3.285-A. AP~lioation Information: An applicant shall
complete a business license or certification application form
provided by the City.
1. If the applicant for an agency license is a
firm, i.e., business, company, corporation, partnership,
or association, each individual officer, partner, owner
and manager of the firm shall complete a business license
application, unless a written exemption is granted by the
City. For purposes of this rule, a manager includes any
person in charge of the operation or management of the
firm, any person who can direct or control the activities
and scheduling of the firm's employees, and any person
who can hire or fire the firm's employees.
2. The business license application form shall
generally require information relating to the name,
address, business type, business agent, and business
intent. Additionally, each owner, partner, officer and
manager of the applicant firm may be required to provide
information relevant to their complete name or names,
past and current addresses, employment, jUdicial
involvement including criminal history, and history of
denial, suspension or revocation of business licenses in
this or any other jurisdiction.
3. If the applicant is a firm of foreign origin,
additional information with regard to the place and date
of incorporation, home office, right to do business
within the state, and information about firm officers
and/or its duly authorized local agent may be required.
4. An applicant for an armed or unarmed detective
or security agent certification shall complete an
application form supplied by the city. The form may
require information relating to the applicant's current
and past names, addresses, employment history, judicial
involvement including criminal history, and history of
denial, suspension or revocation of business licenses in
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this or any other jurisdiction. In addition, either at
the time of application or any time prior to the issuance
of a certification card, the applicant must furnish to
the city a letter from a licensed detective or security
agency, signed by an owner or manager of the agency,
stating that the agency intends to employ the applicant
as soon as the certification card is issued.
5. Speoial Events.
5.1 An applicant for a special events security
agency licence shall comply with paragraphs 1, 2 and 3
of this section. In addition, the applicant shall
provide the name, date of birth, social security number,
current residence address, driver's license number, and
photocopy of the license or certification of each
security agent for whom a special events certification
is being requested.
5.2 If an applicant for a special event security
agency license is not currently licensed by the City, the
applicant shall provide written proof of a current
license or certification by another jurisdiction within
the state of Oregon valid at the time of the proposed
services within the city. If any of the security agents
who will be working at the special event are not
certified by the City, written proof must be provided for
each such security agent of a current security agent
license or certification by another jurisdiction within
the state of Oregon valid at the time of the proposed
services within the city. For both the security agency
and security agents, the written proof must be
accompanied by a copy of the other jurisdiction's
requirements for obtaining that license or certification.
The city Manager or designee may reject a license or
certification from another jurisdiction as a basis for
issuance of a special events license and certification
if the City Manager or designee determines that the
requirements of the other jurisdiction are less stringent
than the requirements of the City of Eugene.
5.3 The City Manager or designee may establish
reasonable requirements with respect to the time within
which an application must be submitted, taking into
consideration the nature of the event and the number of
applicants to be considered for temporary certification
(which may be determined by the City). The application
shall be reviewed and a determination made thereon in
accordance with an agreement to be entered into between
the applicant and the City. The determination of the
City Manager or designee as to what ~',constitutes a
"special event" for purposes of this provision and
whether a security agency is eligible to provide the
services therefore, shall be final.
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R-3.285-B.
Applioation and certifioation Fees.
1. Deteotive or Seouritv Aqenov. An application
for a new license or renewal of a detective or security
agency license required under Chapter 3 of the Eugene
Code, 1971, shall be accompanied by:
Initial application fee ..............$100.00
Renewal application fee:
1 - 2 principals ..................$ 50.00
3 or more principals ..............$100.00
License fee (term of up to one year)..$400.00
The application and license fees are not refundable.
2. Seouritv Aqent certifioation. Except for
certifications for special events, each person applying
for or renewing a security agent certification as
required under Chapter 3 of the Eugene Code, 1971, shall
accompany such application with:
Application fee - initial or
renewal ........................... $ 25. 00
certification fee:
Unarmed agent ..................... $ 75. 00
Agent armed with firearms .........$150.00
Agent armed with firearms, when
applicant elects not to take
the shoot test at the regularly
scheduled time and pays for the
cost of a separate test to be
administered by the City ........$120.00
Agent armed with firearms, if
at the time of application or
renewal proof is submitted of
satisfactory completion of
approved course ................. $ 75. 00
Agent armed with firearms, if
the unarmed agent certifica-
tion fee has been paid within
six months preceding application
for armed agent certification ...$ 75.00
Changes in material information - no charge
The application and certification fees are not
refundable.
3. Special Events. An application for a special
events license shall be accompanied by:
Agency application fee (if not
licensed by the city) ............$100.00
License fee .........................$ 25.00jday
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certification fee - per. agent .......$ 5.00 each
Individual agent combined
application/certification ........$ 25.00
The license and certifications shall be effective only
for the limited period or periods of the special
event(s), and shall so state thereon. The application
and certification fees provided for herein are not
refundable.
4. Deteotive certifioation. Each person applying
for or renewing a detective certification as required
under Chapter 3 of the Eugene Code, 1971, shall accompany
such application with:
Application fee - initial or
renewal ........................... $ 25. 00
certification fee:
Unarmed detective..................$ 75.00
Armed with Iirearms ...............$150.00
Armed with firearms, when
applicant elects not to take
the shoot test at the regularly
scheduled time and pays for the
cost of a separate test to be
administered by the City ........$120.00
Armed with firearms, if at the
time of application or renewal
proof is submitted of satisfac-
tory completion of approved
course .......................... $ 75. 00
Armed with firearms, if the unarmed
detective certification fee has
been paid within six months
preceding application for armed
detective certification .........$ 75.00
Changes in material information - no charge
The application and certification fees are not
refundable.
5. A request for a duplicate of a previously
issued certification card shall be accompanied by a fee
of $25.00, and a completed application form.
R-3.285-C.
Insurance and Hold Harmless Requirements:
1. A detective or security agency shall submit to the City,
upon approval of a license application, a certificate of liability
insurance with a combined single policy limit of $500,000.00, with
a written 30-day notice of cancellation to the City, unless waived
by the City in writing. The insurance shall protect the licensee
and the City from all claims for damage to property or for bodily
injury, including death, which may arise from operations under or
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in connection. with the licensed activity; be without prejudice to
other existing coverage; and name as additional insureds the City,
its officers, agents and employees. Where specifically requested
by the city, a detective or security agency also shall submit to
the City a copy of the insurance policy. All current licensees
shall be required to provide to the City proof of compliance with
this provision within 90 days from the effective date of these
rules. Failure to comply with this section shall be grounds for
immediate suspension of the detective or security agency's license.
2. All licensees shall furnish to the City on a form provided
by the City, a signed statement that the licensee shall hold
harmless the City, its officials, agents, and employees, and shall
indemnify the City, its officials, agents and employees for all
claims of injury to property or persons that may arise as a result
of any activity carried on by the licensee. All current licensees
shall comply with this requirement within 90 days of the effective
date of these rules.
3. All licensees" shall submit to the City at least ten
business days prior to (a) the expiration of a liability insurance
certificate, or (b) the effective date in a notice of cancellation
of the insurance, documentation satisfactory to the City that the
insurance has been renewed or extended. Failure to submit such
documentation ten business days prior to the expiration or
cancellation of the old insurance policy shall be grounds for
immediate suspension of the detective or security agency's license.
R-3.285-D.
Records Maintained:
1. Emplovee Reoords: A detective or security agency shall
keep a personal history record of each employee and those records
shall contain:
1.1 The complete legal name and all other names by
which the employee is or has been previously known;
1.2 The employee's date of birth, height, weight,
hair and eye color, driver's license number and issuing
state, place of birth, social security number, and
citizenship status;
1.3 The employee's current address, his/her
previous three addresses, including the dates of
residence at those addresses;
1.4 The employee's last three places of employment
including the dates employed, and the name and address
of the employer;
1.5 The date on which the City issued the employee
an armed or unarmed certification; and
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1.6 A frontal picture that is no more than one year
old.
2. Servioe Recipient Reoords: The detective or security
agency shall maintain a record of all detective or security
services provided within the city limits of Eugene and those
records shall reflect:
2.1 The individual, firm, company, corporation,
partnership, or association employing the services of the
agency;
2.2 The inclusive dates when those services were
provided;
2.3 The locations at which security services were
provided;
2.4 The personnel assigned by name, date, type of
certification (armed or unarmed), for the specific
location where service was provided; and,
2.5 The scope and type of services provided.
3. Complaint Reoords: The detective or security agency
shall maintain a record of all complaints lodged against the agency
and/or its personnel and those records shall reflect:
3.1 The complaining party or parties by name,
address, and telephone number;
3.2 The incident date of the complaint and a
summary of the complaint allegation;
3.3 The name (s) of agency personnel complained
against; and,
3.4 A summary of the complaint inquiry and the
outcome and agency actions as a result of that inquiry.
R-3.285-E. Tenure of Record Maintenance: Service
recipient and complaint records shall be kept for a period of three
years after the last date of service or complaint. Employee
records shall be kept throughout the period of active employment
and for a period of six months after termination of employment.
R-3.285-F. Identification Card: Agencies shall provide
each detective or security agent with an identification card which
shall:
1. contain the name, address and telephone number
of the agency employing the card holder;
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2. . Contain the name, date of birth, and physical
description of the card holder;
3. state the issuance date and signature of the
current owner, officer, or authorized agent issuing the
identification card, and the expiration date thereof;
4. Contain the signature and recent picture of the
card holder;
5. Be comprised of a material that does not
smudge, smear, wear off, or otherwise render the required
information unreadable;
6. utilize both sides of the card if necessary to
provide the required information;
7. Be of such size 'as to make it convenient to
carry upon the card holder's person; and
8. Be revised by the agency within 30 days of any
change of informati~n.
R-3.285-G.
certification Cards:
1. The City shall issue to each qualified applicant an armed
or unarmed detective or security agent certification card. The
certification card is the property of the City and shall be
surrendered to the City upon termination of employment, change of
employer, or suspension or revocation of certification.
2. Prior the City's issuance of a new certification card to
a detective or security agent who is changing employers, the
detective or security agent shall submit to the City a letter from
the new detective or security agency, signed by the owner or
manager of the agency, which states that the agency intends to
employ the detective or security agent as soon as the certification
card is issued.
3. If an applicant for armed certif ication is currently
certified by the City as an unarmed security agent, that unarmed
certification card must be surrendered to the City prior to
issuance of an armed certification card.
4. The certification card shall be carried in addition to the
agency identification card as provided in Paragraph F. above.
R-3.285-H. Vehicles: Any detective or security agency
which uses a vehicle equipped with either a spotlight or a lightbar
must be properly identified according to the following
specifications: ~
1. The detective or security agency must have
painted, or display by attached decal, placard or sign,
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the name. or duly adopted assumed business name of the
agency as listed on the license, on each side of the
vehicle and on the trunk or rear of the vehicle.
2. The display of the name prescribed in this rule
shall be in letters and figures in sharp contrast to the
background, and be of'such size, shape and color as to
be readily legible during both daylight and night time
hours from a distance of 50 feet while the vehicle is not
in motion, and such display shall be kept and maintained
in such a manner as to remain so legible.
3. within 30 days after the effective date of this
rule, all existing detective or security agencies which
use vehicles equipped with either a spotlight or lightbar
shall identify the vehicles as required by this rule.
The Detective and Security Agency Administrative Rules adopted
by me on December 23, 19-85, and all amendments thereto, are hereby
repealed.
Public notice of the proposed repeal ~f the Detective and
Security Agency Administrative Rules adopted on December 23, 1985
and the adoption of this Detective or Security Agency
Administrative Rule R-3.285 shall be given by publication thereof
in the Register Guard, a newspaper of general circulation within
the City, providing an opportunity for comment thereon. If no
valid comments or objections are received within the time and in
the manner prescribed in the notice, the prior Detective and
Security Agency Administrative Rules will be repealed, and the
Detective or Security Agency Administrative Rule R-3.285 contained
herein will be adopted and become effective immediately thereafter.
AfJ(~~
Dated this ~ day of Ma~cft, 1990.
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David Whitlow for Micheal D. Gleason 1/1
fYq:
city Manager
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