HomeMy WebLinkAboutAdmin Order 53-91-12
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ADMINISTRATIVE ORDER
of the
CITY MANAGER
SECURITY AGENCY ADMINISTRATIVE RULE R-3.285
Pursuant to the authority contained in Section 2.019 of the Eugene Code, 1971, I
hereby adopt Security Agency Administrative Rule R-3.285 that provides:
SECURITY AGENCY
ADMINISTRATIVE RULE R-3.285
R-3.285-A. Auulication 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, Le., 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. Security A2ent Certification.
4.1 An applicant for an armed or unarmed 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
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names, addresses, employment history, judicial 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 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.
4.2 In addition to the requirements of 4.1 above, an applicant for
an armed security agent 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 valid
throughout the term of the certification applied for.
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 sp~cial 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
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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.
6. Governmental Entity Exemption. A governmental entity that
hires an unlicensed security agency to operate within the city limits may be
granted an exemption hereunder for a period not to exceed one year,
provided the services are performed only on the governmental entity's
property; the governmental entity demonstrates that it has a program that
insures any security agency hired by it will safeguard the public welfare; and
the governmental entity executes an indemnity agreement provided by the
City Manager which protects the City from all liability arising out of the
activities of the unlicensed security agency.
R-3.285-B. Application and Certification Fees:
All application, certification, special events, renewal, or 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-3.285-C. Insurance and Hold Harmless Requirements:
1. A 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 in connection with the licensed activity; and be without prejudice to other existing
coverage. Where specifically requested by the City, a 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 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)
Security Agency Administrative Rule R-3.285 - 3
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 security agency's license.
R-3.285-D. Records Maintained:
1. Employee Records: A 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
1.6 A frontal picture that is no more than one year old.
2. Service Recipient Records: The security agency shall maintain a record of
all 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,
Security Agency Administrative Rule R-3.285 - 4
2.5 The scope and type of services provided.
3. Complaint Records: The 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-E Identification Card: Agencies shall provide each security agent with
an identification card which shall:
1. Contain the name, address and telephone number of the agency
emploYing the card holder;
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
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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 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 security agent who
is changing employers, the security agent shall submit to the City a letter from the new
security agency, signed by the owner or manager of the agency, which states that the
agency intends to employ the 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 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 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 security agency must have painted, or display by attached
decal, placard or sign, 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
security agencies which use vehicles equipped with either a spotlight or
lightbar shall identify the vehicles as required by this rule.
R-3.285-I
Uniforms: A security agency that provides or requires its security
Security Agency Administrative Rule R-3.285 - 6
agents to wear uniforms shall, within 60 days from the effective date of this rule, submit
the uniform to the City Manager for approval. If approved, no changes may thereafter be
made to the uniform without the prior written approval of the City Manager. A uniform
that is not approved by the City Manager shall be phased out by the security agency within
one year from the date the agency is notified the uniform is not approved.
The Detective and Security Agency Administrative Rules adopted by me on June
26, 1990 are hereby repealed.
This Rule is adopted after making copies of the Proposed Security Agency
Administrative Rule R-3.285 issued by me on January 15, 1991 available to persons who
had requested notice and those holding current Security Agency licenses 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 an opportunity of not less than 15 days
to submit data or written comments thereon. No valid comments or objections were
received within the time and in the manner prescribed in the notice, and the Security
Agency Administrative Rule R-3.285 contained herein is hereby adopted.
Dated and effective this 14th day of February, 1991.
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~~: Micheal D. Gleason
CA Ci~ Manager
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