HomeMy WebLinkAboutAdmin Order 53-90-09
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ADMINISTRATIVE ORDER
of the
CITY MANAGER
ADMINISTRATIVE RULE R-3.285 - DETECTIVE OR SECURITY AGENCY
Pursuant to the authority contained in Section 3.012 of the
Eugene Code, 1971, and based on the findings hereinafter set forth,
the Detective or Security Agency Administrative Rules adopted by
me on December 23, 1985, and subsequent amendments thereto are
repealed as of the effective date of the rules adopted herein, and
I hereby 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. Application 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
Administrative Rule R-3.285 - 1
involvement including criminal history, and history of
denial, suspension or revocation of business licenses in
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 the owner or manager of the agency,
stating that the agency intends to employ the applicant
as soon as the certification card is issued.
5. Special Events.
5.1 An applicant for a special events security
agency license 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
Administrative Rule R-3.285 - 2
whether a security agency is eligible to provide the
services therefore, shall be final.
R-3.285-B.
Application and Certification Fees.
1. Detective or securitv Aoency. 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. Securi tv Aoent certification. Except for
certifications for special events, each person applying
for or renewing a security officer certification as
required under Chapter 3 of the Eugene Code, 1971, shall
accompany such application with:
Application fee - initial and
renewal........................... $ 25.00
certification fee:
Unarmed agent .....................$ 50.00
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
60 days 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
Administrative Rule R-3.285 - 3
licensed by the city) ............$100.00
License fee .........................$ 25.00/day
Individual agent combined
application/certification ........$ 25.00
Certification fee per agent per
additional day ...................$ 5.00
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.
... Detective Certification. 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 ................$ 50.00
Armed with firearms ..............$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 certifica-
tion fee has been paid within
six months preceding application
for armed detective certifica-
tion ........................... $ 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 Reouirements:
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
Administrative Rule R-3.285 - 4
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
in connection with the licensed activity; and be without prejudice
to other existing coverage. 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 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. EmDlovee Records: 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 any 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, addresses for
the previous five years, 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
Administrative Rule R-3.285 - 5
old.
1.6 A frontal picture that is no more than one year
2. Service Recipient Records: 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 date 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 Records: 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;
Administrative Rule R-3.285 - 6
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 information.
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 to 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 certification is currently
certified by the City as an unarmed detective or 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,
the name or duly adopted assumed business name of the
Administrative Rule R-3.285 - 7
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.
Public notice of the proposed repeal of the Detective and
Security Agency Administrative Rules adopted on December 23, 1985,
including subsequent amendments, and the adoption of this Detective
or Security Agency Administrative Rule R-3.285 was given by
publication thereof in the Register Guard, a newspaper of general
circulation within the city on April 5 and April 9, 1990, with an
opportunity for comment thereon provided.
Fourteen written comments were received in response thereto.
Of those comments, one expressed support for the proposed Rules in
their entirety and the other thirteen contained objections to or
comments on: (1) the increase in license and certification fees;
(2) the lack of distinction between investigative agencies and
security agencies; (3) the requirement to name the City as an
additional insured on required insurance policies; and (4) a
request that the City implement stricter requirements for the
criminal background checks now being conducted.
In response to these comments, I specifically find:
1. The fee increases were proposed in an effort to meet the
Council's goal of a 100% cost recovery for business licenses, and
were based on a formula developed during the City's user fee study
in 1988. It presently costs the City $145 per agent to review and
monitor certifications. The proposed application fee of $25 and
certification fee of $75 for an unarmed agent would therefore
recover only 69% of the city's cost. However, given the concerns
expressed that the increased fee for this particular category would
limit the number of individuals willing or able to apply for such
employment, I have reduced the certification fee for an unarmed
agent from $75 to $50, with the application fee remaining the same.
Armed agent application and certification fees will be adopted as
proposed, as will the agency application and license fees,
resulting in an overall program cost recovery of approximately 78%.
In addition, the City Council will be asked to approve amendments
to Chapter 3 of the Code to change the certification terms from the
current five years for unarmed agents and two years for armed
Administrative Rule R-3.285 - 8
agents, to a one year term.
2. Included in the Chapter 3 revisions that the Council will
be asked to adopt later this summer will be a more specific
definition of "investigation", which should respond to the concerns
raised that a clear distinction be made between investigatory
agencies and security agencies. The proposed revision will also
provide other regulatory distinctions. These rules were drafted
with those revisions in mind, and will not be changed at this time.
3. The public comments objecting to the requirement that the
City be named as an additional insured on a licensee's insurance
policy has been reviewed with the City'S Risk Management staff.
Based on that review, Rule R-3.285-C has been amended to delete
that requirement from these rules.
4. The issue of implementation of stricter requirements for
the criminal background investigation conducted as part of the
license and certification review will be addressed during the
Chapter 3 revisions scheduled for later this summer, and no changes
to existing policies will be made at this time.
Therefore, having fully responded to the objections and
comments received, these rules shall become effective August 1,
1990.
Dated this ~ day of June, 1990.
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Kicheal D. Gleason
City Kanaqer
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Administrative Rule R-3.285 - 9