New Mexico Security Blog by Robb Hamic

There is always more to be found..

January 18, 2009.  This is a supplement of cases against the people listed below... And there is more to come.

Description	Summary		Select All / None
Lien 2009004961	Rec Date: 01/16/2009 01:10:18 PM  BookPage:   Related:   Number of Pages: 1 Grantor: JACOBS MICHAEL J, HANDLER JACOBS RUBY, RIO GRANDE STUDIOS LLC Grantee: STRAUGHAN A LEE Notes: CV 2912-08 $2,249.70  Legal:

Description	Summary		Select All / None
Lien 2008116383	Rec Date: 10/24/2008 12:39:09 PM  BookPage:   Related:   Number of Pages: 1 Grantor: JACOBS MICHAEL, HANDLER RUBY Grantee: VISTA DEL NORTE HOMEOWNERS ASSN INC Notes:   Legal: Subdivision: LA JOYA DEL NORTE Lot: 1P1 Block: 21		Purchase
Lien 2007010787	Rec Date: 01/22/2007 01:53:00 PM  BookPage: B: A131 P: 768   Related:   Number of Pages: 3 Grantor: JACOBS MICHAEL, HANDLER RUBY Grantee: PARKWAY CENTER OWNERS ASSOC Notes:   Legal: Subdivision: INTERSTATE IND TRACT 2 Tract: A Tract: A		Purchase

Description	Summary		Select All / None
Lien 2009122609	Rec Date: 11/05/2009 11:02:39 AM  BookPage:   Related:   Number of Pages: 1 Grantor: NO STONE UNTURNED SEC Grantee: NM DEPT WORKFORCE SOLUTIONS, NM DEPT LABOR Notes: WARRANT LEVY $3732.34  Legal:		Purchase
Lien 2009077430	Rec Date: 07/10/2009 08:37:30 AM  BookPage:   Related:   Number of Pages: 1 Grantor: NO STONE UNTURNED SEC Grantee: NM DEPT WORKFORCE SOLUTIONS, NM DEPT LABOR Notes: WARRANT LEVY $2328.00  Legal:

CV675406	JACOBS MICHAEL	Debts	06/12/2006	DISQUALIFICATION	06/27/2006
CV996109	JACOBS MICHAEL &	Debts	08/07/2009	DEFAULT JUDGMENT (TRIAL)	10/08/2009
CV291208	JACOBS MICHAEL J &	Debts	03/03/2008	DEFAULT JUDGMENT (TRIAL)	01/13/2009
CV1124805	JACOBS MICHAEL J.	Debts	09/19/2005	DISMISSAL	05/24/2006

D-202-CV-200912366	JACOBS RUBY		DEFENDANT	3	GITLEN H VS RIO GRANDE ET AL	BEATRICE BRICKHOUSE	ALBUQUERQUE DISTRICT	10/22/2009
D-101-CV-200801946	JACOBS RUBY H		DEFENDANT	2	SANTA FE CANYON RANCH V JACOBS	DANIEL A SANCHEZ	SANTA FE DISTRICT	07/16/2008
D-202-CV-200504906	JACOBS RUBY HANDLER		DEFENDANT	3	BANK OF ALBQ VS RIO GRANDE ET	VALERIE MACKIE HULING	ALBUQUERQUE DISTRICT	06/27/2005
D-202-CV-200504906	JACOBS RUBY HANDLER		COUNTER PL	3	BANK OF ALBQ VS RIO GRANDE ET	VALERIE MACKIE HULING	ALBUQUERQUE DISTRICT	06/27/2005
D-202-CV-200504906	JACOBS RUBY HANDLER		3RD PARTY PL	3	BANK OF ALBQ VS RIO GRANDE ET	VALERIE MACKIE HULING	ALBUQUERQUE DISTRICT	06/27/2005
D-202-CV-200909187	JACOBS RUBY HANDLER		DEFENDANT	3	NM LAW GROUP VS RIO GRANDE ET	VALERIE MACKIE HULING	ALBUQUERQUE DISTRICT	08/06/2009
D-202-CV-200912639	JACOBS RUBY HANDLER		DEFENDANT	1	US VS JACOBS R ET AL	THEODORE C BACA	ALBUQUERQUE DISTRICT	10/29/2009

A funny complaint response to No Stone Unturned Security and Ruby Handler- Jacobs

January 16, 2010-  I received a comical complaint from Ruby Handler-Jacobs of No Stone Unturned Security, accusing me of slander.  This is a company that hasn't been featured very much on the Blog because I thought they were going out of business.  Certainly, I have received many e-mails from former or then current employees about unpaid wages, unpaid reimbursement, unlicensed activity, etc.  Read my response to her complaint below.  I thought it was important for me to bring up a few issues that plague the company right now, including a Federal Court lawsuit for wages and discrimination.. 

 

New Mexico Private Investigator and Polygraph Board

Mr. Steve Herrera

2550 Cerillos Rd.

Santa Fe, NM 87505

 

Re: complaint 2010-03

Dear Mr. Herrera:

I have received a complaint filed by Ms. Ruby Handler Jacobs dba No Stone Unturned Security dated January 5, 2010.  I will respond to her complaint and provide additional information below that the Board should be aware of concerning his person/ company.

·      I publish the NM Security Blog.  There are several authors who contribute information and blog posts.  The public and news agencies have overwhelmingly supported this blog and its efforts.

·      I did publish a story on July 27, 2009 concerning No Stone Unturned.  I did a license check with the PI Board Website and it stated that the PPO license #2020 was “Expired.  I provided a link and a copy of the printout.

·      I had information concerning a number of their employees not being paid, which was, in fact the case.  I have listed several lawsuits filed in 2009 by various persons against No Stone Unturned Security.  Please see list below.

·      The blog post was short and true at the time I wrote it based on the information and evidence that I researched.

·      No Stone Unturned Security has no claim to any bond that I have posted as I spoken the truth and they have alleged no damages.

Please find relevant information about No Stone Unturned Security filed in Bernalillo County District Court:

 

 

D-202-CV-200909187	NO STONE UNTURNED		DEFENDANT	6	NM LAW GROUP VS RIO GRANDE ET	VALERIE MACKIE HULING	ALBUQUERQUE DISTRICT	08/06/2009
D-101-CV-200901394	NO STONE UNTURNED SECURITY		DEFENDANT	3	DOYON VS NM DEPT OF LABOR	DANIEL A SANCHEZ	SANTA FE DISTRICT	05/04/2009
D-101-CV-200902968	NO STONE UNTURNED SECURITY AND INVESTIGATIVE SERVICES		DEFENDANT	3	ROBERT DOYON V MICHAEL JACOBS	DANIEL A SANCHEZ	SANTA FE DISTRICT	09/10/2009

 

*9187- case is regarding a default judgment against No Stone Unturned Security for breah of contract.  Case Pending

*1394- case is regarding unpaid wage issues from NM Workforce Solutions.  Case pending.

*2968- case is regarding unpaid wage and labor issues.  The case is now pending in Federal District Court.

In addition, I see that No Stone Unturned Security has no worker’s compensation insurance as listed on the NM WC website as of today: https://www.ewccv.com/cvs/ (this is a secured website- you need to cut and past to verify).

No Stone Unturned Security has no private investigation license.  Their website advertises private investigation services in violation of the law: http://www.nostoneunturned.com/priv.html (excerpt below)

PRIVATE INVESTIGATION

No Stone Unturned has on-staff licensed private investigators who conduct both criminal and civil services. This includes providing surveillance, missing person location, intellectual property violations, employee background checks, fraud investigation, identity theft, computer forensics, de-bugging, accident investigation, aviation and maritime incidents. 

This complaint is baseless and there have been no violations for the board Rules, PI Board Act, statute, etc.  It should be immediately dismissed and the Board should look into the operations and compliance of No Stone Unturned and Ruby Handler- Jacobs as there are obvious violations of rules and law.

New Mexico is the wild west.. The security industry gets no oversight by RLD, as usual..

December 15, 2009- Albuquerque, NM- I started this blog over 20 months ago.  I comprises well over one million words and I don't know how many posts I have done about illegal activity.  This industry is regulated by the New Mexico Regulation and Licensing Division, Private Investigation Board.  We all know that by now but who and where are they?  Does anyone else think it is a disgrace that openly illegal companies can advertise on Internet Directories, the Yellowpages and flaunt the fact that they are unlicensed (many of their guards are criminals) and after 20 months of having complaints and constructive notice- RLD continues to do nothing substantial to protect New Mexico?  I will list the standard Directory links for people to see the trash that is advertising as licensed security services.. (take a look at Dragon Security Services.. LOL) It is a waste of time to make individual complaints against these firms as the PI board never does anything.  It usually takes law enforcement getting involved to solve anything.  

I found these comments about RLD in a news story that was done about the New Mexico Security industry. It is obvious what the public sentiment is..

Kelly O’Donnell states that only one person is complaining? Hello! Every licensed PPO operator in this state is mad as hell at her absolute and complete refusal to DO HER JOB. As PPO operators, we jump through every single regulatory hoop they can dream up. We pay out thousands in insurance - both workers comp and liability. We remit our GRT to the state every month, often before our customers pay us.

All we ask is that Kelly do her job... the job we as taxpayers fund so that we are not competing with unlicensed and unregulated companies that are not paying their workers comp, 941's and GRT. Is that too much to ask? How many millions of dollars in state revenue is Kelly willing to piss away on unlicensed companies so she can pretend she's working?posted by Sanddog on 5/24/09 @ 11:31 p.m

What has changed regarding New mexico security and the industry?

Albuquerque, NM- October 9, 2009-  I have been looking around at any information present, e-mails received, the PI Board website and the news so that I could get a feel for the state of the New Mexico security industry.  Unfortunately, I haven't found much new to report.  

The Superintended of RLD stated that the Attorney General was investigating several security companies in previous interviews.  There is no information about any of the conclusions of the investigations and it seems that all of the 'same old' companies are still around.  Many of them are unlicensed together with their employees.

In reviewing the PI Board's Meeting Minutes, I see that a few Notices of Contemplated Action (NCA) were sent out but there is no information about what or who it addressed.  This might be good for the public to know.

The news media has aired several reports on unlicensed or illegal companies in the last few weeks.  I assume there will be more to come as soon as a Grand Jury or two finally releases its findings.  There still seems to be a lot of fishy things going on in the industry.

One question I have to the PI Board is how can you issue licenses to companies who lie on their applications?  It seems like a simple disqualifier.  I have seen a couple approved where there were obvious misrepresentations and licenses were still issued.  In addition, I am aware of at least one investigation conducted by the Board that verified some of these issues and the PPO license was still issued.  

Why have rules, regulations and laws together with a Board that doesn't enforce anything?  Seriously.

New Mexico RLD gets a new PI Board Administrator

September 29, 2009- Santa Fe, NM- The New Private Investigator's Board that also regulates the security industry is getting a new Board Director- Anita Villegas.

What in the hell is going on at RLD? Part 10.

May 21, 2009- Santa Fe--     RLD Superintended Kelly O' Donnell gave another interview to the news media.  This interview was her third that I know about in reference to the unlicensed, illegal security epidemic.  Her two previous interviews were about a year ago.  I think it is time for everyone to do some fact checking...

July 8, 2008- Jeremy Jojola, investigative Reporter for Channel 4 KOB investigates and interviews Kelly O" Donnell, then a new RLD Superintendent.  Watch her interview and the news story.  Jeremy does 2-3 other follow up news stories about the same types of problems in the weeks that follow.. CLICK HERE FOR VIDEO.  This was her comment almost a year ago to Jeremy..

“In the last several months, it’s become apparent that we need to up our compliance efforts, and we’re doing that,” said Kelly O’Donnel, the head of the state agency responsible for licensing security guards.”

O’Donnel said that, currently, she can’t assure that the next security guard you encounter is licensed “because there’s unlicensed activity. What I can do is assure New Mexicans we are working very diligently to identify that unlicensed activity.”

Unlicensed security companies face a $1,000 fine if they’re caught, but Eyewitness News 4 was only able to find one company that had ever faced that fine.  State officials now say they will add resources to go after illegitimate companies.

Check out Jeremy's BLOG for more information on this problem: CLICK HERE.

Kelly O" Donnell also gave Investigative reporter Peter St. Cyr, 770 KKOB, an long interview on the subject about a year ago and said many of the same things that she said to Jeremy.  Listen to her interview,then: CLICK HERE.

O’Donnell says they’ll start an aggressive outreach program to businesses and hopes to educate them on the critical need to confirm security companies license status. She says firms who contract security services must insist their providers be licensed by her department. If you have your provider’s security license number you may check ithere.
The Superintendent also says it’s of upmost importance that armed security guards not appear to look like a law enforcement official. She tells us local police chiefs and sheriffs always have to approve private operator’s uniforms, badges and vehicles before they are issued a private patrol operator’s license.

Check out Peter's BLOG for more information on this problem: CLICK HERE.

I applaud these three journalists as they have gotten involved and helped to expose the problem.  I am told that Ms. O' Donnell's comments are a classic "spin."  In reporter language that means to put a good light on a bad problems without really addressing the real problem.  She did a good job recently with Dave Maass but I think that it might be time for some follow up interviews for an update.  Has the state really done what it said it would do last year?  I wouldn't still be blogging if it had...

Santa Fe Reporter Dave Maass's blog can be viewed HERE.

More about the NM PI Board, where 2/5 of the Board members are out of complianceone doesn't even have an appointment (Khalsa's appointment expired June 2008).?!?%!  A third Board member and the Chairman, Board Chair Jochem, is a full-time Attorney General employee and criminal investigator.  Is that a conflict of interest?  If the Attorney General knows about all of this crazy stuff through its own investigator why is this still going on?  I reported these problems with the Board on my Blog a year ago so don't let them tell you they don't know.  I also sent a letter to Kelly O 'Donnell herself..(copy on file)

I guess she just forgot about a few hundred people, industry employees or licensee's or victims that vent on my blog all the time.  What about these official complaints made to the PI Board with no action? 

“It actually strikes me as evidence of the really high degree of transparency of this board,” O’Donnell says. “Mr. Khalsa, who is powerful, if his employees have to come talk to the board about their problems in a public meeting, that suggests to me that he isn’t showing them any preference at all.”
According to RLD’s records, Khalsa’s term on the board expired June 30, 2008. RLD staff says this was an oversight and they are currently in the process of renewing his appointment. SFR was unable to reach Khalsa for comment.

This isn’t the only issue in which the board itself may be out of compliance with the law. 

According to statute, the board must include two private investigators, one private patrol operator, a polygraph examiner and one member of the public. 

Initially, RLD staff told SFR that Khalsa represents the private patrol operator. However, he currently does not hold a PPO license. Staff also say Board Member Mark Smith is one of the board’s private investigators, though he does not have a PI license on record. 

After SFR pointed this out, RLD stated that Khalsa would apply for his PPO license this week. 

In the meantime, the board in charge of licensing is itself operating without the proper licenses. 
RLD Superintendent Kelly O’Donnell acknowledges unlicensed companies are a problem in New Mexico. But she’s willing to trade punches with Hamic when it comes to his accusations that the Private Investigations Advisory Board, the RLD division that oversees security companies, is asleep on the job. 

“I think this board has enhanced the overall professionalism of the industry, which sometimes attracts a sort of individual who might otherwise eschew formal guidelines for conduct and behavior,” O’Donnell says. “But, I’d like to make the point that the 

criticism of this agency’s administration of the board has come almost solely from one individual.”

I guess Superintendent O'Donenell forgot about the hundreds of victims, employees of state licensees who vent on my blog comments weekly.  What about these complaints that the Board has received from others but failed to act upon.  Some of them are very criminal..

The PI Board and RLD received a complaint from John D. Michael (CLICK HERE TO SEE IT) about against United Security about an unlicensed guard beating up a man.  The guard turned out to be a CONVICTED FELON who was carrying a gun for crying out loud.  What did the state do?  NOTHING.  

This person made a complaint against United Security because he was beat up by a massive security guard, wearing a gun, with an ARREST Warrant at the time of the incident.  he is now missing several teeth and has a severely broken jaw.  CLICK HERE for complaint.  What did the state do on this one?  NOTHING.

More RLD Complaints.. CLICK HERE

These people made complaints, all be it in Bernalillo County Metro Court, but I am told they spoke to Steve Herrera and followed up with written complaints.  CLICK HERE.  What happened to these complaints?

What about these people?  One man had 8 years worth of taxes stolen from him from his FELON security company employer and can't qualify for Social Security.  He made a complaint and the state did nothing.  Trust me, he is a serious critic of RLD.  CLICK HERE. 

These are Board Meeting Minutes where discussion was had about a "backlog of complaints."  What happened to them?  Aren't these people critics?  CLICK HERE.

What about this critic of the PI Board?  They reported George Davis many months before he was ultimately arrested for unlicensed security in Albuquerque.  RLD knew he had no license but dismissed the complaint.  See it HERE!

Another critic of RLD submits a complaint because his employer stole his taxes and violated the law.  The employer was later indicted for Felony Charges (not having anything to do with any RLD Investigation).  The PI Board dismisses the complaint HERE.

I can go on for years with this evidence as I have already demonstrated.  I document the truth and don't "spin" anyone.  I hope New Mexicans don't allow themselves to be "spun" anymore and demand real action from RLD- not just promises or excuses.  I am not the only person to think there is a real problem here but I am one of the people continuing to stand on my "soapbox" and tell everyone how it doesn't make any sense.

I remember that 770 KKOB invited me for a follow up interview about six months ago and RLD Superintendent Kelly O' Donnell initially agreed to do the show also- until she heard I was going to be on it.  She immediately canceled when she learned that I would be debating the security problem with her.  So much for "transparency."

The Private Investigator's Board is out of compliance. RLD can't even regulate its own Board, much less the security industry.

May 15, 2009-  Santa Fe, NM-     The New Mexico Private Investigator's Board is not in compliance with the law.  

How can a former Board Member with an expired appointment be allowed to sit on a Board, make a quorum, establish policy, rule on complaints, vote, get reimbursed for expenses or conduct other business?  Does this former Board Member excuse himself from official Board business involving his own company?  No.  How could this happen?  Ask (Expired- term) Board Member Khalsa or RLD Superintendent O'Donnell.

State law says that the PI Board will have one PPO member yet the board doesn't have one.  

Do you think that it is a conflict for Chairman of the Board Jochem to be a full-time employee investigator for the Attorney General's Office and also be a Board member?  This certainly makes me wonder why the Attorney General isn't investigating more of these serious unlicensed or illegal security company cases.  The AG is the highest law enforcement official in the state after all.

How are Board Members compensated?10-8-8. Other reimbursements.

	61-27B-6. Private investigations advisory board; created; members.  (Repealed effective July 1, 2012.)

		A.     The "private investigations advisory board" is created.    B.     The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to assist the department in other manners as requested by the superintendent or provided for in rules of the department.

		D.     Members of the advisory board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.

Board Members

	Term Expires
Donald C. Jochem, Chairman (PI)	06/30/2010
Jim Wilson (Polygrapher)	06/30/2009
Al Stotts (public)	06/30/2010
Gurutej Khalsa (PI)	06/30/2008
Mark Smith (public- Non PPO)	06/30/2010

 

Board Member Terms

The Board consists of five members: two private investigator members, one private patrol operator member, one polygraph examiner member, and one member who represents the public.

Board Responsibility

By law, the Regulation and Licensing Department is responsible for enforcing and administering the provisions of the Private Investigations Act. The Board is appointed to assist the Department in the conduct of examinations for licensure and in any other manner to aid in the administration of the Act. The duties of the Board include review and recommendation on the development of rules, and processing applications and complaints

Will the playing field ever be leveled in New Mexico?

May 15, 2009- Santa Fe, NM-     I feel like I am the bearer of bad news or at least the teller of bad news about New Mexico Security, Regulation and Licensing Division (RLD) and the Private Investigator's Board.  Is it fair to allow illegal and unlicensed security companies to compete with those companies who take all of the necessary (and costly) steps to stay in compliance?  

Regulation and Licensing Division (RLD) is responsible for enforcing license, compliance and regulation.  They levy the industry with fees and have a staff.  The Superintendent appoints and advisory Board (Private Investigator Board).  

It seems like RLD is making me out to be the bad guy for reporting all of this stuff but it is obvious to me by the response to this blog and all of the conversations that I have had with like-minded people; I am not the only person mad about the current state of affairs.  Do I make complaints?  Yes.  Why doesn't the state do anything about them or the complaints that others make?  Real people, employees and security consumers are getting hurt financially.  Why does RLD exist if not to enforce their own rules?  Shouldn't RLD be on the side of legal, compliant businesses? Should they look the other way and act like there is no problem other than my complaints?

Some people don't understand how competing with an unlicensed or illegal company hurts licensed, complaint security businesses and their employees.  See below:

Illegal and or unlicensed security companies have less to worry about...

- Not pay but collect sales tax- 7% (gross sales)

- Not pay but collect FICA, Medicare, State and Federal Withholding from employees- 10% or more (wages)

- Security company not match most of the above taxes- 7% (wages)

- Not have WC insurance- 8-13% (wages)

- Not license guards, company, have CGL insurance, vehicle insurance, bonds or other things required to do legal business (large $$ savings!)

- minimum of 32% (probably a lot more) savings, thus ability to lower bids to ridiculous levels

As an example, in 2002 when we first started doing security our minimum bid for a unarmed standing guard was $16.50 per hour.  In 2009, many illegal or unlicensed companies that we bid against are bidding $12-13 hr.  How could a company do that while paying their guards $9-10 hr. and paying all taxes, etc?   

Has New Mexico RLD met it's objectives in the security industry?

May 14, 2009- Santa Fe, NM--     I don't think that the New Mexico Regulation and Licensing Division (RLD) has met its objectives in the security industry.  Let's look at their published mission statement that applies to the NM Security Industry below.  

Who is responsible for the state of the security industry.  Who is responsible for allowing these illegal security companies to operate and steal their employees and client's pay?  Could this have been prevented?  Who is responsible for allowing criminals to work as security guards in New Mexico?  I think we should look to Superintendent of RLD for answers.  She is the boss.

My opinion is listed in red.  What do you think?

Summary of Core Functions

The Regulation and Licensing Department licenses and regulates approximately 211,000 individuals and businesses in thirty-five separate industries and professions. The statutory mandates of the department are as diverse and far-reaching as the licensed industries and professions it regulates. Through its divisions, RLD is responsible for performing the following core functions:

• Examining and licensing qualified applicants in several categories of professional and industry occupations in thirty-five different industries and professions; FAIL
• Processing and resolving complaints from the public and industry members regarding the acts or omissions of individual licensees; FAIL
• Promulgating regulations, uniform codes, standards of practice and other policy directives as required or permitted by statute;  FAIL
• Ensuring compliance with statutory and regulatory standards in thirty-five industries and professions through training and education, investigation, dispute resolution and administrative prosecution of code infractions, standard of practice violations and citations;  FAIL
• Training and education of the public through programs designed to promote investor education, financial literacy and the avoidance of fraud and investment scams;  FAIL
• Providing centralized administrative services and support through our Administrative Services Division for each of RLD’s operating divisions, the office of Superintendent and the 27 boards and commissions administratively attached to RLD. This function includes a wide spectrum of financial and property management, human resources and information systems services and support.  FAIL 

What is going on at New Mexico Regulation and Licensing (RLD)-... revisited...

RLD, Private Investigator Board, says that it has received a security company application from ICU Security and its owner, Ron Haley.  I wonder if it will get approved?  I know that it isn't the Board's past policy to get involved in compliance and oversight but maybe this can be a fresh start for them?  I know that they are dealing with far more pressing issues such as AKAL Security's request for expedited guard card applications and requests by AKAL to have the guard cards sent to the company... This was most of the discussion at the Board meeting last week and there was no mention about the epidemic of unlicensed security in New Mexico or the almost one hundred employees who were not paid by Legit Security as it imploded.  When will the Board conduct real business that can help guards and the security industry?

I saw PI Board Director, Steve Herrera, in the Court room yesterday as he was observing.  I know that someone in Santa Fe must know something about all of the problems if they read the newspaper, watch TV, listen to 770 KKOB or read my blog.  

My simple question is: why isn't RLD doing its job?  Why hasn't the PI Board ever taken decisive action.  Why hasn't the Attorney General gotten involved?  How can Don Jochem act as a PI Board Member while he is a full time employee of the Attorney General (since 2004)?  Isn't that a conflict of interest and a little bit of "double dipping" as Board business is conducted 9-5 when the AG's business is conducted.  How did Mark Smith, with no PPO experience or license get appointed to the Board?  The RLD website shows Mr. Khalsa's Board appointment term expiring in 2008- why is he still at the meetings and sitting on the board.  Why doesn't any of this make any common sense?

Ok.  I will stop.  One question turned into too many...

Regulation and Licensing Division (RLD) is supposed to monitor compliance with rules and the law...

May 4, 2009- Santa Fe, NM (USA)--     What is going on at RLD or at the Private Investigator's regulatory board?  Seriously, this is getting bad even for New Mexico.  The New Mexico Security Blog has been reporting about a lot of crazy stuff for around a year.  We provide all evidence, photos, documents, public record and not just baseless accusations or irrelevant notes to our wives..

The last Board meeting minutes are posted on the state website.  I noticed Mark Smith isn't there.  Two Board Members were absent so they couldn't even establish a quorum.  What is the point anyway?

I found the below excerpt taken out of the meeting minutes particularly amusing.  This thing that they are talking about "the jurisprudence exam" doesn't exist.  It is the state exam to get your license.  Almost two years after the new law has been passed there is no state entrance exam for licensing.  

Another amusing point is that Board Member Khalsa is "preparing" the PPO (security company) exam.  He does not hold a PPO, only a PI license...  How did that happen?  Mark Smith took the prior PPO's place (Butch Cassidy) but he is just a civilian with no security experience.  I guess that is why the state law says that the Board will have one PPO?  Hmmm.. 

Jurisprudence Exam progress – Mr. Steve Herrera

Mr. Herrera asked the board for their progress on the Jurisprudence exam. Chair

Jochem stated that he had not had enough time to do it and that he had some issues

with content. Mr. Herrera stated that he would go ahead and compose the exams.

Private Investigators Advisory Board

MINUTES - REGULAR BOARD MEETING - MARCH 18, 2009

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSION DIVISION

Mr. Khalsa stated that he would in fact proceed with the PPO exam. Mr. Herrera

went on to clarify that the reason for the jurisprudence exam was to encourage the

licensees to familiarize themselves with the rules.

PI Board meeting in Albuquerque... Tomorrow- May 5, 2009!

Will someone please ask these guys what is going on- if they bother to show up?

The New Mexico Private Investigations Advisory Board will hold a Regular Board Meeting on May 5, 2009 and will convene at 10:00 am. The meeting will be held at the Regulation and Licensing Department, Main Conference Room 5200 Oakland Ave. NE, Albuquerque, NM 87113. 

This might be a good time for all of those unpaid Legit Security employees to show up and ask the Board why Legit still has a license... Not paying employees is grounds for immediate revocation of license... Not to mention the other stuff..

Is the New Mexico Private Investigator and Polygraph Board breaking the law?

April 16, 2009- Santa Fe, NM    The New Mexico Private Investigator Board is breaking the law.  New Mexico State Statute requires that that the five person board consist of people who have industry related licenses and one member of the public.  In May of 2008, Butch Cassidy resigned from the Board leaving a vacancy for a PPO (security company owner).  

This position was replaced by an appointment from the Governor of Mark Smith who has no PPO license or security industry experience.  In conflict, he is rumored to have helped another security company owner start his company.  The state received many resumes and letters of interest for the Board vacancy but chose to go with an unqualified person in violation of state law.  Al Stotts is the citizen who currently fills the Board position and doesn't have to have industry experience.

I reported this violation to Kelly O' Donnell, Superintendent of RLD, in June of 2008 and the Attorney General in June of 2008 but Mr. Smith still sits on this Board almost a year after his inappropriate appointment.  I spoke to the PI Board Administrator Steve Herrera in July of 2008 and he was aware that Mr. Smith had no qualification to sit on the Board and seemed perplexed by the Governor's appointment.    

Board Members

	Term Expires
Donald C. Jochem, Chairman	06/30/2010
Jim Wilson	06/30/2009
Al Stotts	06/30/2010
Gurutej Khalsa	06/30/2008
Mark Smith	06/30/2010

 

Board Member Terms

The Board consists of five members: two private investigator members, one private patrol operator member, one polygraph examiner member, and one member who represents the public.

Board Responsibility

By law, the Regulation and Licensing Department is responsible for enforcing and administering the provisions of the Private Investigations Act. The Board is appointed to assist the Department in the conduct of examinations for licensure and in any other manner to aid in the administration of the Act. The duties of the Board include review and recommendation on the development of rules, and processing applications and complaints.

61-27B-6. Private investigations advisory board; created; members.  (Repealed effective July 1, 2012.) A.     The "private investigations advisory board" is created.

		B.     The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to assist the department in other manners as requested by the superintendent or provided for in rules of the department.   C.     The advisory board members shall consist of at least the following:

		(1)     two private investigators;

		(2)     one private patrol operator;

		(3)     one polygraph examiner; and

		(4)     one member of the public.

		D.     Members of the advisory board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.  E.     The public member of the advisory board or the public member's spouse shall not:

		(1)     have been licensed pursuant to the Private Investigations Act [61-27B-1 NMSA 1978], the Private Investigators and Polygraphers Act or any prior similar statutory provisions; or  (2)     have a direct or indirect financial interest in a private investigation company, private patrol company, polygraph business or a related business. Wilson, James L. 140 Private Invstgrs & Polygraph Polygrapher Active ALBUQUERQUE, NM 87102

Jochem, Donald C.

1523

Private Invstgrs & Polygraph

Private Investigator

Active

Santa Fe NM 87505

Khalsa, Gurutej S.

1268

Private Invstgrs & Polygraph

Private Investigator

Active

Espanola NM 87532

The New Mexico Private Investigator Board.. ineffective at best.

The NM PI Board met March 18, 2008 to discuss industry business and discuss the many pending complaints about unlicensed, illegal or other improper behavior by many New Mexico Security and or investigation companies.  This is an excerpt taken from the last meeting:

MEMBERS ABSENT:

Mark Smith

Jim Wilson

Deliberation/Action on adjudications, complaints and licensing matters.

NO QUORUM FOR EXECUTIVE SESSION

I guess we will have to wait another couple of months for the board to not take action on the many pending complaints and unlicensed companies.  They don't seem to be that worried about it...

I republished a number of this blog's most shocking investigations or reports.

Albuquerque, NM- March 12, 2009-- I republished a number of the New Mexico Security Blog's most shocking reports and investigations.  This blog has hundreds of stories and more than 500,000 words.  It is hard and time consuming to scroll through all of the pages.  We have a search feature on the left and some index pages on the left margin that categorize many of the stories on one page for ease of use.

It is important for readers to understand that despite all of this scrutiny, investigation and over 100 complaints made by me and others to the New Mexico Regulation and Licensing Division- nothing has changed in Albuquerque's security industry.  The state has done almost nothing to enforce illegally operating companies and companies owned by felons or worse.  There are still many unlicensed, illegal companies operating in Albuquerque and advertising in the Yellowpages or on the Internet without any sanctions from the state.  

I have recently learned that despite New Mexico's almost complete disregard for illegal activity- the RLD budget is being cut and enforcement will diminish further.  I can't imagine what that will look like but I do know that the state has collected many hundreds of thousands of dollars in licensing fees for the legal companies and employees.  I wonder where that money is being spent if it is not to regulate the New Mexico Security industry?