sPotLiGHt - Associated Licensed Detectives of New York State

September 25, 2008, Membership Meeting - Forlini’s
SPOTLIGHT
ALDONYS Spotlight
The ALDONYS Spotlight is published for
members of the Associated Licensed Detectives
of New York State, Inc.
>>
EDITOR
CO-EDITOR
Mistina Picciano
Bruce Hulme, CFE
Market It WriteSpecial Investigations
(212) 757-7572
(212) 962-4054
mistina@marketitwrite.com
>> Charles Eric Gordon, Esq., 1st
Vice President of SPI, presents
membership plaques to Efrat Cohen
(left) and Ruth Boody (center).
>> Dr. Michael Welner, Chairman of The
Forensic Panel, was the featured speaker
at the joint ALDONYS and SPI meeting,
held September 25 at Forlini’s.
>> Gil Alba takes
a break from
his meal to
inquire why
ALDONYS
President
Joe Biondo
is stalking
him with a
camera.
>> issue #3
>> 2008
A s s o c i at e d L i c e n s e d D e t e c t i v e s O f N e w Y o r k S tat e
Members should not rely on the information
contained in this publication without first
consulting with their legal or financial advisors.
Advertising
Acceptance of advertising in this publication
does not constitute ALDONYS approval or
endorsement of products or services. ALDONYS
reserves the right to refuse advertisements.
Rate per Issue
Business card $75 One-quarter page$100
One-half page $200
All advertisements must be prepaid, cameraready for color reproduction.
Have you moved?
Please notify us of any change in your address,
your telephone number, including area code,
and/or your email address.
Visit ALDONYS on the web at
www.aldonys.org.
PG.2
President’s
Message
PG.4
Legislative
News
PG.7
Robert Tucker,
VP of Security
New Committee to Address DMV Audit Concerns
At the September meeting, ALDONYS
board members appointed John Matula to
head a new committee to address issues
related to audits of individuals who access
the Department of Motor Vehicles (DMV)
database.
A federal government mandate requires the
DMV to closely examine database searches
to ensure that any person who accesses
the information does so in compliance with
the Driver’s Privacy Protection Act. Through
audits, the DMV requests documentation
from the individual to show the search was
a legitimate request that meets one of the
permissible uses.
DMV allows for certain information to be
redacted. However, a letter from a client or
other party is not sufficient.
The committee is tasked
with educating members
on complying with the law
and the required business
documents they will need to
According to Altman’s letter to members,
“The bottom line is that the DMV takes the
position that there is no automatic right to
access the database and no right to privacy
protection by the requestor.” His letter,
along with detailed information about the
law and required business documents, can
be found on the members-only section of
the ALDONYS website.
Anyone who is interested in joining the
committee to assist Matula in this important
work should contact Joe Biondo at (718)
793-3600.
provide to the DMV.
The committee is tasked with educating
members on complying with the law and
the required business documents they will
need to provide to the DMV. ALDONYS
has also invited DMV representatives to
the October board meeting in Albany to
educate them on members’ concerns about
maintaining client confidentiality.
On behalf of ALDONYS, Fred Altman
contacted the DMV and discussed the
issue of potential confidentiality violations
by either private investigators and/or
attorneys when providing copies of client
retainer agreements.
Altman was told that, for the purpose
of protecting client confidentiality, the
Top image © Roza Gurevich. Image from BigStockPhoto.com
© Nathalie FRAIZ. Image from BigStockPhoto.com
118-35 Queens Blvd, Ste 1250
Forest Hills, NY 11375
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Waterbury, CT
Permit #500
PRESIDENT’S
MESSAGE
By
Joseph W.
Biondo
As we enter the fourth quarter of 2008, we
are pleased to report that ALDONYS has
been successful in preventing legislation that
would adversely affect the security guard
industry in New York State. Our Security
Guard Committee continues to work very
hard on this front; however, we need the
assistance of all guard firms in New York
State. If you operate a guard company in
New York State and have not yet joined the
Security Guard Committee, please contact
me or Robert Tucker, our Vice President of
Security and Chairman of the Security Guard
Committee of ALDONYS, and get involved.
We need your help, and you need ours.
Of equal importance, ALDONYS has
formed a committee to review the DMV
audits that have concerned many of our
investigative members recently. We have
asked our attorney and lobbyist, Fred
Altman, to prepare an outline of DMV audit
procedures so we can educate members on
audit compliance. Fred’s report currently
appears on the members-only section of our
website.
On September 25, 2008, we held our
ALDONYS general membership meeting
at Forlini’s Restaurant in New York. This
successful event was a joint meeting with the
Society of Professional Investigators (SPI).
Thanks go to SPI President Irving Botwinick
and our own David Zeldin for coordinating
this joint effort.
At our board meeting, held before the
membership meeting, I named Jack
Goldsbrough, former ALDONYS President, as
the Chairman of our Nominating Committee
for the 2009-2010 election of officers and
directors. In the next few weeks, we will mail
a proposed slate of officers and directors to
all members, inviting you to cast your vote.
The Nominating Committee for this
election consists of four past Presidents of
ALDONYS: Jack Goldsborough (Chairman),
Mike Hymanson, Ray Melucci and David
Zeldin.
As always, I thank you for the privilege of
serving as your President.
Best regards,
2008 IASIR Annual Conference:
November 5-7 in Orlando, Florida
The International Association of Security and Investigative Regulators (IASIR) has
provided the investigative industry with valuable resolutions, which NCISS has
presented to Congress during our lobbying efforts.
The 2008 IASIR Annual Conference is scheduled for November 5-7 at the
Doubletree Castle Hotel in Orlando, Fla. Further information is available
at www.iasir.org, or call Laurel Rudd, IASIR Administrator, at (888) 3542747 or email contact@iasir.org. To reserve a room, call (800) 952-2785.
On September 25, the ALDONYS board
of directors appointed Robert Tucker as
interim Vice President of Security at the
September meeting of the ALDONYS board
of directors. Tucker has co-chaired the
Security Guard Committee of ALDONYS
with Tony Constantino and actively led its
growth.
“Robert has led the charge in setting up the
legislative fund and overall management
of the committee,” said Joseph Biondo,
ALDONYS
President.
“When
Tony
Constantino resigned from the board, our
officers unanimously appointed Robert to
complete Tony’s term.”
Mike Lehner IPrincipal
mlehner
@mechanicgroup.com
800-214-0207
Ext.104
Steve Mechanic IPrincipal
smechanic
@mechanicgroup.com
800-214-0207
Ext.111
Marc Katz IPrincipal
mkatz
@mechanicgroup.com
800-214-0207
Ext.105
Matt Disparte IVP
mdisparte
@mechanicgroup.com
800-214-0207
Ext.286
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addendum.
Tucker, who is Chairman and CEO of T&M
Protection Resources, boasts nearly a
decade in law enforcement management,
serving as Special Assistant to the District
Attorney of Queens County, N.Y. His
experience in working with high levels of
the New York City Police Department, the
city administration, and the FBI and Secret
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“We need to move beyond working
individually on industry issues and
gather together,” Tucker said in accepting
the nomination. “The Security Guard
Committee has a critical role in making
ALDONYS an even better and stronger
organization for all of its members.”
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Robert Tucker
Appointed as
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>> 7
Legislative News
2008
Legislative
Session
By Frederick
M. Altman, Esq.
Challenge, success and uncertainty have
marked the 2008 legislative session,
and it’s not over yet. The governor has
already called the legislature back for two
special sessions, and a third is scheduled
for November 18. ALDONYS has mounted
its biggest lobbying effort in Albany since
passage of the Security Guard Act of
1992—this time in defense of that landmark
legislation.
If passed, S 7024 and A 10119 would
amend the Security Guard Act by splitting
the governance of security guards between
the state and the City of New York. This
legislation would create a new, redundant
level of bureaucracy over licensing,
training and regulation of some security
guards within the City of New York under
the authority of the New York City Police
Commissioner. With the marquee name
support of Commissioner Ray Kelly and
popular Mayor Michael Bloomberg, the
opposition was formidable. Add to that the
thinly disguised support of the organized
labor local that has long coveted—and
maintains an active program to organize—
the guard industry, and ALDONYS has faced
a monumental challenge.
ALDONYS has mounted its biggest
lobbying effort in Albany since
passage of the Security Guard Act
of 1992—this time in defense of that
landmark legislation.
The effort so far, through the regular and
two special sessions, has been successful.
The bill was initially held in committee
in both the Senate and Assembly until
an eleventh-hour demand by Assembly
Speaker Sheldon Silver on the last night
of the regular session moved it to the
floor, where it was passed. In the Senate,
ALDONYS Members Voice Concerns
to NYS Senate Majority Leader
however, it remained ‘held.’
This delay allowed ALDONYS to continue
its opposition and to pursue its counterproposal bill, which addresses legitimate
security issues raised by the city, while
avoiding
the
redundancy,
confusion,
expense and conflicts of interest that the
proposed bill would cause.
As the ALDONYS Security Guard Committee
continues to support legislative lobbying
efforts on behalf of the industry, individual
members and companies raised almost
$30,000 in support of Senator Dean G.
Skelos (R), temporary President and
Majority Leader of the New York Senate.
As part of this effort ALDONYS has formed
a special Security Guard Committee composed of an increasing number of influential
security guard companies. The committee is
actively supporting a multi-faceted strategy
to oppose this ill-conceived bill.
The fundraising event, held on September
25 at the New York Hilton, allowed members
to speak directly with Sen. Skelos about
concerns related to additional licensing
requirements within the confines of Article
7, currently being proposed in state and
local legislation. During the breakfast
meeting, the Senator also learned that
our organization represents some 150,000
employees who work within the security
guard industry and how our Security Guard
Committee represents their interests.
Special thanks go to the Mechanic Group,
who sponsored the event.
The uncertainty rests in the forthcoming
general election. The Senate has a slim twoseat Republican majority. If that changes,
then there would be a new majority, a new
majority leader (presently Senator Dean
Skelos, who succeeded Senator Joe Bruno
at the end of the regular session) and
probably a new sponsor as well. In essence,
this situation would create a whole new ball
game as we head into the January 2009
session, when all bills must be re-introduced
for a new two-year cycle.
company.
•C
ontributions for companies with up
to 250 security officers are $1,000,
•$
2,500 for businesses with 251-500
officers, and
•$
5,000 for companies with 501 or
more guards.
Contributions can be mailed directly to the
Security Guard Committee of ALDONYS
at 118-35 Queens Boulevard, Forest Hills,
NY.
Committee Update
Following
the
resignation
of
Tony
Constantino as committee Co-Chairman,
Robert Tucker will serve as Chairman. John
Beck of Winfield Security will sit on the
committee’s governing board to replace
Constantino.
Members Needed
While the legislation has not yet been
seated, the committee is working hard
to have our voices heard and encourage
legislators to amend the proposed law,
which could increase financial burdens on
companies and guards. To continue this
important work, we’re encouraging our
members to support these efforts.
Recommended legislative fund contributions are based on the size of the security
... the committee is working
hard to have our voices
heard and encourage
legislators to amend the
proposed law, which could
increase financial burdens on
companies and guards.
(From left) Robert Tucker, Chairman of the Security Guard Committee of ALDONYS,
stands with Senator Dean Skelos and ALDONYS President Joseph Biondo at the
September 25 fundraiser, held at the New York Hilton.
NEWSBriefs
ALDONYS Donates to Texas PIs
for Hurricane Relief
In response to the damage caused
in southern Texas by Hurricane Ike,
ALDONYS donated $500 to the Texas State
Organization of Private Investigators to
help with disaster relief.
Nominating Committee
Appointed
A Nominating Committee, with two
representatives from security and two
from investigations, has been appointed
to prepare a 2009-2010 slate of
officers. Jack Goldsborough, Security,
will serve as Chairman. Other members
are David Zeldin, Investigations; Mike
Hymanson, Security; and Ray Melucci,
Investigations.
T&M Protection Resources
Acquires Advantage Security
T&M Protection Resources, LLC, has
acquired privately held KCL Protective
Services Inc. dba Advantage Security.
The move, announced October 13, unites
two leading providers of premium security
services in the New York market.
“The acquisition of Advantage brings a
roster of additional clients to T&M as we
continue to increase our market share of
the security guard business in the financial
services and property management
industries,” said Robert Tucker, chairman
and CEO of T&M.
“This acquisition will also provide
Advantage’s clients with the full range
of benefits from T&M’s other solutionsbased service capabilities, including
explosive detection services, integrated
security systems, executive protection,
investigative and security consulting
services.”
For the last 27 years, Advantage has
provided security guard services to
leading organizations in key sectors,
including financial services, commercial
and residential property management,
healthcare
services,
museums,
advertising, publishing and professional
services. The firm employs more than
500 security guards and supervisors, with
annual revenue exceeding $18 million.
Do you have a news item to share?
Please email your announcements to
info@aldonys.org, and we’ll include them
in upcoming issues of the Spotlight.
4 <<
Law book image above © Tom Schmucker. Image from BigStockPhoto.com
>> 5
Legislative News
Membership
Chair:
Legislative REPORT
By Bruce
H. Hulme, CFE
As I write this report, Congress has
adjourned and is not expected to return
until its “lame duck” session beginning
on November 17. None of the federal bills
mentioned in the last issue of the Spotlight,
which would have severely limited our
profession’s access to information, passed
in the 110th Congress. Unless Congress
passes this legislation before the end of the
year, the bills will have to be re-introduced
when the 111th Congress begins in January
2009.
ALDONYS Endorses
Congressional Candidate
Lee Zeldin
Congressman Pete Sessions of Texas
has been a strong supporter of our
legislative efforts on the federal level.
Now we have an opportunity to help
elect a New Yorker as an ALDONYS
“Champion”: Lee Zeldin, who is running
in District 1 on Long Island. As the son
of past President David Zeldin, he is
very familiar with the legislative and
regulatory issues facing our members
at the federal level.
ABA Position on Regulation
of Computer or Digital
Forensic Experts
The American Bar Association’s section of
Science and Technology Law passed Resolution 301 in response to a recent regulatory
trend requiring professionals who provide
digital forensic and network testing
services, as well as expert testimony, to
be state-licensed private investigators. In
the ABA’s judgment, the “traditional role
of private investigators is significantly
different from that of a computer forensic
or network testing professional and many
licensed private investigators have little or
no training in those areas.”
6 <<
Theresa Balfe
THERESAPI@aol.com
The ABA position primarily concerns
the Texas Department of Public Safety’s
Private Security Bureau definition of a
“private security consulting company,”
which includes firms engaged in network
scans and vulnerability testing, as well as
other state laws requiring the licensing of
computer forensic investigators.
The primary issue of the ABA argument
is that private investigator licenses are
not needed to ensure reliable evidence in
litigation. The ABA contends that trial judges
can best determine whether court testimony
is relevant and reliable, which negates the
need for state licensing requirements.
Additionally, ABA representatives say,
“A patchwork of differing state licensing
requirements for computer forensic and
network testing assistance will create
jurisdictional complexities that will hamper
business operations and court proceedings,
disadvantage litigants, and may deprive
courts of hearing the best available
evidence.”
An underlying motive of Resolution 301
is to allow organizations to test the
qualifications of their computer forensic
investigators. The resolution urges state
regulatory agencies to refrain from
requiring private investigator licenses and
supports a professional certification or a set
of competency requirements based on the
current state of technology and science.
Private Investigators Oppose
Acquisition of ChoicePoint by
Lexis-Nexis
As National Council of Investigation and
Security Services (NCISS) Legislative
Director, I recently submitted a letter in
opposition to the Federal Trade Commission’s
consent agreement with Reed Elsevier and
ChoicePoint and requested assurance that
private-sector users of the records sold by
these firms receive the same benefits as
government agency users.
In the past decade, ChoicePoint has acquired many businesses that have provided
critical information to investigators. As
major providers consolidate and become
direct competitors with the private sector
in providing background investigation and
pre-employment screening services, our
profession may find it more and more
difficult to obtain the information we need
to do our work.
Supreme Court Second
Amendment Decision
During the final session of the U.S.
Supreme Court, the NCISS and several
other professional associations filed an
amicus brief on behalf of a security guard.
The NCISS sought to demonstrate the
failures of the District of Columbia to fairly
regulate security officers and protect the
public in the Supreme Court case District of
Columbia et al, Petitioners v. Dick Anthony
Heller, Respondent – No.: 07-290.
Our brief contended that “... the Second
Amendment must be interpreted as an
individual right to keep and bear firearms
for defense of self and others... Even in a
jurisdiction that is effective at providing
police services, the police will never be able
to provide completely thorough protection
from criminal attack...”
The Supreme Court, in a 5-4
decision, agreed with our position
and ruled that the Second
Amendment is an individual right
to bear arms, as opposed to a
collective one.
The industry amicus brief further stated:
“Private security officers and licensed
private investigators are often called upon
to provide protection when police services
are unavailable or unsatisfactory... the
Second Amendment is interpreted to
specifically allow private investigators and
licensed, armed security officers such as
Respondent Dick Anthony Heller broad
firearm rights in their capacity as private
citizens and private employees. Private
security personnel are often plaintiffs in
gun rights cases or defendants in criminal
prosecutions as they clash with the
patchwork of local gun control laws that invariably result in the government gaining
a de facto monopoly over providing armed
security and investigation services to often
defenseless and helpless citizens.”
Dear Members:
We hope you enjoy the latest issue of the
Spotlight. ALDONYS is striving harder in
every way to deliver up-to-date information
on legislative news and organization events.
Our September meeting at Forlini’s in
Manhattan had a great turnout. We held a
joint meeting with the Society of Professional
Investigators (SPI). While many of our
members belong to both, the joint meeting
provided a great opportunity for members to
network with and meet new people.
violating client privacy. We look forward to
developing a close working relationship with
them.
Since the last mailing of the Spotlight we
have gained 12 new members, bringing our
2008 membership total to a 14.4% increase
over last year. We hope this growing trend
continues. Thank you to everyone for
recruiting new members.
Regards, Theresa Balfe
Membership Chairperson
VP of Investigations
We welcome our
newest members:
Steven Broadnax
Joseph Cama
Patrick Conroy
call for
nominations
By
Jack
Goldsborough
Dear ALDONYS Members,
As Chairman of the Nominating
Committee and on behalf of the other
committee members, Mike Hymanson,
Ray Melucci and David Zeldin, I am
pleased to advise you that we are
currently formulating the proposed slate
of Officers and Regional Directors for
the next term of office (2009-2010).
Robert Hopes
At this time, we invite members
to
nominate
qualified
candidates
for Officer and Regional Director
positions. To propose a candidate for
the ballot, please provide the following
information:
Linda Kadluboski
1. Name of the proposed candidate
Jeanna P. LaLuna
2. T
he Officer or Regional Director
position for which the candidate is
being proposed
Donna Dunbar
Joseph Garcia
One hot topic of conversation this year has
been the Department of Motor Vehicle (DMV)
audits. Many members have shared their
experiences with the group via email.
Daniel Greene
ALDONYS attorney Fred Altman has been
communicating with DMV, trying to find a
common ground to learn what they need
from us and how we can comply without
Michael Guadagno
Paul Mannixs
Bruce Sackman
ALDONYS & SPI Hold Joint
Meeting at Forlini’s
ALDONYS President Joseph Biondo (left) and SPI President Irving Botwinick
(right) present a plaque to Dr. Michael Welner of The Forensic Panel, the
guest speaker for the joint membership meeting held on September 25.
3. A
short biography of the candidate’s
professional
background
and
qualifications
4. Why you feel the proposed individual
would be a good candidate
5. C
onfirmation that the candidate
agrees to stand for nomination and
is willing to perform the duties of the
office, if elected
To nominate a candidate, please submit
the above information to me at jack@
tandmprotection.com no later than
close of business on Monday, November
3, 2008.
Jack Goldsborough,
Chairman,
ALDONYS Nominating Committee
The Supreme Court, in a 5-4 decision,
agreed with our position and ruled that the
Second Amendment is an individual right
to bear arms, as opposed to a collective
one.
Law book image above © Tom Schmucker. Image from BigStockPhoto.com
© Karolina Paszkiewicz. Image from BigStockPhoto.com
>> 3