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HomeMy WebLinkAboutAdmin Order 53-91-09 CI'IX FILE NO. 5~ -~ - oq ADMINISTRATIVE ORDER of the CITY MANAGER INVESTIGATOR ADMINISTRATIVE RULE R-3.205 Pursuant to the authority contained in Section 2.019 of the Eugene Code, 1971, I hereby adopt Investigator Administrative Rule R-3.205 that provides: INVESTIGATOR ADMINISTRATIVE RULE R-3.205 R-3.205-A. A'Polication Information: An applicant shall complete a certification application form provided 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 or certifications in this or any other jurisdiction. In addition, an applicant for an armed investigator certification must provide proof of satisfactory completion of a course of training approved or provided by the City related to the arms used. The course must have been completed within 90 days preceding the date of application, and any certificates thereof must be valid throughout the term of the certification applied for. R-3.205-B. A'Pplication and Certification Fees. All application, certification, renewal, or other fees shall be established by Administrative Order of the City Manager pursuant to the provisions of Section 2.020 of the Eugene Code, 1971. R-3.205-C. Insurance~ Bond~ and Hold Harmless Reauirements: 1. An armed investigator shall submit to the City, upon approval of certification, 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 investigator 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 investigator's activity; and be without prejudice to other existing coverage. Where specifically requested by the City, an investigator also shall submit to the City a copy of the insurance policy. All current licensed detectives 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's license, and no certification will be granted hereunder. 2. An unarmed investigator shall submit to the City, upon approval of certification, proof of insurance as set forth in paragraph 1 above, or proof of a surety Investigator Administrative Rule R-3.205 - 1 bond in the amount of $5,000.00. If an applicant selects a bond in lieu of insurance to satisfy the requirements of this license, the bond shall cover the faithful performance of all conditions of this license and the duties of an unarmed investigator. The bond will not be required to cover any claims or damages covered by an I.S.O. Commercial General Liability insurance policy that includes coverage for bodily injury, property damage and personal injury. 3. All certified investigators shall furnish to the City on a form provided by the City, a signed statement that holds 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 investigator. All current licensed detectives shall comply with this requirement within 90 days of the effective date of these rules. Failure to comply with this section shall be grounds for immediate suspension of the detective's license, and no certification will be granted hereunder. 4. All certified investigators shall submit to the City at least ten business days prior to (a) the expiration of a liability insurance certificate, or bond, or (b) the effective date in a notice of cancellation of the insurance or bond, documentation satisfactory to the City that the insurance or bond has been renewed or extended. Failure to submit such documentation ten business days prior to the expiration or cancellation of the old insurance policy or bond shall be grounds for immediate suspension of the investigator's certificate. R-3.205-D. Records Maintained: 1. Service Recioient Records: The investigator shall maintain a record of all investigative services provided within the city limits of Eugene and those records shall reflect: 1.1 The individual, firm, company, corporation, partnership, or association employing the services of the investigator; 1.2 The inclusive dates when those services were provided; 1.3 The locations at which investigative services were provided; 1.4 The scope and type of services provided. 2. Comolaint Records: The investigator shall maintain a record of all complaints lodged against the investigator and those records shall reflect: 2.1 The complaining party or parties by name, address, and telephone number; 2.2 The incident date of the complaint and a summary of the Investigator Administrative Rule R-3.205 - 2 complaint allegation; 2.3 A summary of the complaint inquiry and the outcome and actions taken as a result of that inquiry. R-3.205-E. Thnure 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. R-3.205-E Certification Cards: 1. The City shall issue to each qualified applicant an armed or unarmed investigator certification card. The certification card is the property of the City and shall be surrendered to the City upon expiration, suspension, or revocation of certification. 3. If an applicant for armed certification is currently certified by the City as an unarmed investigator, that unarmed certification card must be surrendered to the City prior to issuance of an armed certification card. This Investigator Administrative Rule R-3.205 is adopted after making copies of the Proposed Investigator Administrative Rule R-3.205 issued by me on January 15, 1991 available to persons who had requested notice and by giving public notice thereof by publication for five days in the Register Guard, a newspaper of general circulation within the City and providing interested persons an opportunity of not less than 15 days to submit data or comments thereon. The only valid written comments received requested that additional language be added to R-3.205-C.2 to clarify that if an applicant selects a bond in lieu of insurance to satisfy the licensing requirements, the bond would cover the faithful performance of all conditions of the license and the duties of an unarmed investigator, but would not be required to cover any claims or damages for bodily injury, property damage or personal injury. This revision has been incorporated herein, and this Investigator Administrative Rule R-3.205 as set forth herein is hereby adopted. Dated and effective this 14th day of February, 1991. ~~~ c;!,. cJ;~ MicheaI D. Gleason City Manager Investigator Administrative Rule R-3.205 - 3