Constable minutes - Delaware
MINUTES
BOARD OF EXAMINERS
OF CONSTABLES
ANNUAL MEETING
THURSDAY
DECEMBER 10, 2015
10:00 A.M.
TATNALL BUILDING
150 MARTIN L. KING, JR. BOULEVARD SOUTH
ROOM 112
DOVER, DE
I. Call to Order
Lt. Colonel Hudson called the meeting to order at 1003 hours. The meeting was recorded and the Professional Licensing Section will maintain the records.
Ms. Anderson introduced Captain Laura O’Sullivan as the NCCPD Representative and Lt. Kerry B. Reinbold as the newest Director of Professional Licensing. Everyone introduced themselves.
The following members of the Board of Examiners were in attendance:
Lt. Colonel Monroe B. Hudson, Jr.
Ralph K, Durstein, III, Esquire
Capt. Laura O’Sullivan
Chief William E. Bryson
Mr. John F. Tharan
The following members of the Board of Examiners were absent:
All were present
The following staff members were in attendance:
Rae Mims, Esquire – Deputy Attorney General
Lt. Kerry B. Reinbold – Professional Licensing Section
Sgt. Matthew M. Zolper – Professional Licensing Section
Ms. Peggy L. Anderson – Professional Licensing Section
Ms. Courtney F. Rutkowski – Professional Licensing Section
Mr. Michael Terranova – DTCC Representative
The following staff members were absent:
Captain John J. Laird, Jr. – State Bureau of Identification
The following guests were in attendance:
Mr. Frank Taormina
Mr. Radford Garrison
Mr. Bruce T. Blackburn
Mr. Alan Ellingsworth
Mr. Tim Winstead
Mr. James Pinto
Mr. Filippe Pate
Mr. Matthew G. Harmon
II. Review and Acceptance of Minutes
A. September 24, 2015
Chief Bryson, with a second by Mr. Tharan, made a motion to approve the minutes from 09/24/15 as presented. The motion was carried.
III. New Commissions
Ms. Anderson presented the following new commissions for approval. They have all met the requirements or provided the proper documents to the Professional Licensing Section.
A. A.I. DuPont Hospital for Children
1. Alan D. Ellingsworth
2. Kenneth J. Suchocki, Sr.
3. Brian L. Tibbits
Chief Bryson, with a second by Lt. Col. Hudson, made a motion to approve A.1.-3 for constable commission renewals as presented. The motion was carried.
B. Christiana Care Health System
1. William M. Anderson, Jr.
2. Jeffrey D. Bannon
3. Leroy E. Bryant, II
4. Michael P. Capodanno, Jr.
5. Christopher Crespo
6. John C. Dale
7. George R. Deem, Jr.
8. Bernard R. Donovan
9. Alfred Filippone, Jr.
10. Patrick N. Kinney
11. Randy J. Melnick
12. David C. Polk
13. Francis E. Szczerba
14. Kenneth W. Taylor
15. James R. Willauer
16. Nicholas A. Yacabell
Chief Bryson, with a second by Mr. Tharan, made a motion to approve B.1.-16 for constable commission renewals as presented. The motion was carried.
C. Delaware Technical and Community College
1. Joseph E. Berg, Jr.
2. Richard E. Dennis
3. Joseph T. Fitzgerald, III
4. Terry E. Henderson
5. Daniel H. Horsey
6. J. Lawrence Mitchell, Jr.
7. Keith D. Rowe
8. John A. Schaible, III
9. Timothy J. Sullivan
10. Willard C. Wood
Chief Bryson, with a second by Lt. Col. Hudson, made a motion to approve C.1.-10 for constable commission renewals as presented. The motion was carried.
D. Recovery Innovations
1. Michael T. Murray
Lt. Col. Hudson, with a second by Chief Bryson, made a motion to approve D.1 for constable commission renewal as presented. The motion was carried.
E. Red Clay Consolidated School District
Department of Public Safety
1. Brian N. Moore
Chief Bryson, with a second by Mr. Tharan, made a motion to approve E.1 for constable commission renewal as presented. The motion was carried.
F. University of Delaware Police
Department of Public Safety
1. Donna M. Simpson
Lt. Col. Hudson, with a second by Mr. Tharan, made a motion to approve F.1 for constable commission renewal as presented. The motion was carried.
G. Wilmington University Safety
1. Dennis L. Craighton
2. Edward A. DiSabatino
3. Christopher D. Foraker
Chief Bryson, with a second by Lt. Col. Hudson, made a motion to approve G.1.-3 for constable commission renewals as presented. The motion was carried.
IV. New Commissions – 2017 Expiration Date
Ms. Anderson asked that the following new commissions be taken either in smaller groups or individually as some of them have issues that need to be discussed. All below commissions will have a December 31, 2017 expiration date.
A. Animal Enforcement Constable
Office of Animal Welfare
Division of Public Health
1. Matthew Z. Barba
2. Phillip A. Cane
3. Katharine E. Griffith
Ms. Anderson presented A.1.-3 as needing a letter of intent to hire from the agency, five letters of reference and a favorable MMPI, with A.2.&3 having traffic charges.
Mr. Durstein, with a second by Mr. Tharan, made a motion to approve A.1.-3 for new constable commissions once the missing documents have been provided. The motion was carried.
4. MaryBeth Hutchins
Ms. Anderson presented A.4 as needing a letter of intent to hire from the agency, five letters of reference, MMPI, proof of training/experience and pass the test.
Mr. Tharan, with a second by Lt. Col. Hudson, made a motion to deny A.4 for new constable commission. The motion was carried.
5. Andrea L. Scurti
Ms. Anderson presented A.5 as needing a letter of intent to hire from the agency, five letters of reference and a favorable MMPI.
Mr. Durstein, with a second by Chief Bryson, made a motion to approve A.5 for new constable commissions once the missing documents have been provided. The motion was carried.
6. John E. Shultz
Ms. Anderson presented A.6 as needing a letter of intent to hire from the agency, one letter of reference and a favorable MMPI, and having traffic charges.
Mr. Durstein, with a second by Mr. Tharan, made a motion to approve A.6 for new constable commissions once the missing documents have been provided. The motion was carried.
7. Rebecca L. Stratten
Ms. Anderson presented A.7 as needing a letter of intent to hire from the agency, five letters of reference and a favorable MMPI, and having traffic charges.
Mr. Tharan, with a second by Chief Bryson, made a motion to approve A.7 for new constable commissions once the missing documents have been provided. The motion was carried.
8. Devon L. Streett
9. Jessica L. Vitela
Ms. Anderson presented A.8.-9 as needing a letter of intent to hire from the agency, five letters of reference and a favorable MMPI, and having traffic charges.
Mr. Tharan, with a second by Chief Bryson, made a motion to approve A.8.-9 for new constable commissions once the missing documents have been provided. The motion was carried.
B. Bayhealth Public Safety
1. Ernest C. Clinkscales
2. Isaac W. Henry, Jr.
3. Cyrus G. Kahn
Ms. Anderson presented B.1.-3 as needing a letter of intent to hire from the agency, five letters of reference and a favorable MMPI, and having traffic charges.
Mr. Tharan, with a second by Chief Bryson, made a motion to approve B.1.-3 for new constable commissions once the missing documents have been provided. The motion was carried.
4. Sean M. McHale
Ms. Anderson presented B.4 as needing a letter of intent to hire from the agency, five letters of reference, and having traffic charges. Mr. McHale left CCHS in 2013.
Chief Bryson, with a second by Capt. O’Sullivan, made a motion to approve B.4 for new constable commissions once the missing documents have been provided. The motion was carried.
Discussion regarding the traffic charges and if the agencies are aware of them. Lt. Col. Hudson asked that an FYI be sent to the agencies regarding individuals that have traffic charges, since most of the agencies use vehicles.
C. Indian River School District
1. Mark S. Givens
Ms. Anderson presented C.1 as needing his application, fingerprints/background, five letters of reference, a favorable MMPI, and test. Mr. Givens is retired from DSP but over the five year limit.
Mr. Tharan, with a second by Mr. Durstein, made a motion to approve C.1 for new constable commissions once the missing documents have been provided. The motion was carried.
D. Recovery Innovations
1. Keita W. Bowles
Ms. Anderson presented D.1 as needing the MMPI, proof of training/experience, and the pass the test. He also has been found of guilty of retail theft on 10/29/93 from SP Avondale, PA.
Mr. Bowles is a former University of Delaware Police Officer and confirmed serving at least approximately 2005 – 2008. This is over ten years ago. Resume stated 2001 – July 2013. Since this is two years out, no need for MMPI or test.
The theft charge was when he was 18 years old. This was not a major concern since it was so long ago and he has been in law enforcement since then.
Chief Bryson, with a second by Mr. Durstein, made a motion to approve D.1 for constable commission pending the proof of experience from U of D PD. The motion was carried.
2. Julio E. Cardenas
Ms. Anderson presented D.2 as needing the application, fingerprints/background, five letters of reference, a favorable MMPI, training/experience and pass the test. Mr. Cardenas left Christiana Care in 2014 after being there over 20 years.
Mr. Durstein, with a second by Lt. Col. Hudson, made a motion to approve D.2 for constable commission pending the five letters of reference. The motion was carried.
3. Matthew G. Harmon
Ms. Anderson informed the Board that Mr. Harmon is here to discuss his situation.
Mr. Harmon stated that the agency wishes to hire him on an as needed basis in the Ellendale facility to become full-time when their facility is completed in New Castle County, possibly February or March 2016. He is currently a DSP employee with access to DELJIS and was with Dover PD leaving in 2011, which is within the five year time frame for the test & MMPI.
After discussion, it was determined that Mr. Harmon cannot be commissioned as a constable while still working for law enforcement.
This situation is deferred to legal counsel to research and make a determination on this matter.
Mr. Harmon may take the training at Recovery Innovations but cannot make any patient transfers until the meeting in early 2016.
4. James A. Pinto, III
Ms. Anderson informed the Board that Mr. Pinto is currently working for Lincoln University PD, PA.
This is deferred to legal counsel also. Mr. Pinto may do the same as Mr. Harmon with the training until he is approved as a constable at the early 2016 meeting.
5. Stefan P. Talabisco
Ms. Anderson informed the Board that Mr. Talabisco has 20 years with the U.S. Military – DE Army National Guard retiring on December 31, 2015, with 10 years in the Military Police Unit.
It was determined that Mr. Talabisco will need to attend the academy.
Lt. Col. Hudson, with a second by Capt. Sullivan, made a motion that D.5 must attend the constable academy, pass the test and have a favorable MMPI and will be approved once all has been completed. The motion was carried.
V. Resignations/Terminations/Issues/Updates
A. Resignations/Terminations
1. A.I. DuPont Hospital for Children
a. Ryan D. Hastings
2. Delaware Technical and Community College
a. David F. MacDonald
3. Wilmington University
a. Thomas S. Williams
This is for informational purposes only. No vote necessary.
B. Issues
There were no issues to discuss that are no already on the agenda.
C. Updates
1. Christiana Care Health System
a. William M. Anderson, Jr.
Ms. Anderson informed the Board that Mr. Anderson’s charges have been Nolle Prossequi. This is for informational purposes only. No vote necessary.
2. Delaware Animal Services Constable
Office of Animal Welfare
Division of Public Health
a. Mari P. Grehofsky
b. Reed R. Jones, Jr.
c. Jeffrey C. Phillips
d. Bonnie L. Shriner
e. Ervin J. Smith, Jr.
Ms. Anderson informed the Board that the following still need to provide items: Ms. Grehofsky the proof of retirement from DNREC; Mr. Phillips five letters of reference and proof of retirement from Laurel PD; and Ms. Shriner five letters of reference and proof of retirement from NCCPD. All others have provided the requested documentation. Those still needing to provide information will not receive their commissions until such time that the Professional Licensing Section receives same. This is for informational purposes only. No vote necessary.
3. Delaware Technical and Community College
a. David Wishowsky
All documentation has been provided. This is for informational purposes only. No vote necessary.
4. Recovery Innovations
a. Brian C. Bolen
b. Gerald L. Gary, II
Mr. Bolen attended and passed the constable academy and all other documentation has been provided. This is for informational purposes only. No vote necessary.
5. Red Clay Consolidated School District
Department of Public Safety
a. C. Wayne Leonard, II
b. Alex J. Nowell, Jr.
Ms. Anderson informed the Board that the five letters of reference have not been provided for both of these individuals. This is for informational purposes only. No vote necessary.
6. Sussex County Council
Ms. Mims determined that the Sussex County Council constables do not need a resolution, but the Sussex County Sheriff constables do need the resolution.
7. Sussex County Sheriff’s Office
Ms. Anderson stated that the minutes were provided, but no resolution. They can provide one if the Board still requires an actual one.
Ms. Mims stated that the law requires an actual resolution so they will need to provide one.
VI. Old Business
A. Professional Licensing
1. October 2015 Academy
Mr. Terranova spoke that there were 14 individuals that attended and graduated from the constable academy. It was one of DTCC’s better academies.
2. 2015 In-Service
Ms. Anderson informed the Board that three, out of five individuals that missed the in-service, attend the make-up in-service earlier this month; Patricia Allegro-Smith, Jared Turner, and Lauren Ramone. The video was shown from the taped session. There were several comments and some of her own views about the video that was discussed with Mr. Terranova only to improve the training for 2017.
3. 2016 In-Service
There was a meeting with the several individuals last Friday to discuss the 2016 on-line in-service.
Mr. Terranova spoke that the agency heads would like to have a four hour on-line training for 2016. The modules were passed out. There will probably be at least 2 – 3 sessions. The individuals can go into any of these modules at any time and stop at any time. However, once the test is started it must be completed in one setting.
The modules are:
• Module #1 – Legal updates
o Delaware Criminal Law update
o U.S. Supreme Court update
• Module #2 – Professional Communications
o Fundamentals of report writing
o Verbal judo and technology
• Module #3 – Mental Health Issues
o Veteran post-traumatic stress disorder signs and symptoms
o Delaware commitment laws
▪ Title 16 – Chapter 50. Involuntary commitment of persons with mental conditions; discharge; procedure
• Module #4 – Delaware Constable Rule and Regulations
o Rules and Regulations update
• Module #5 – Final Examination
Mr. Durstein, with a second by Mr. Tharan, made a motion to approve the 2016 on-line in-service agenda as presented. The motion was carried.
There was a recommendation that first aid be incorporated in the classroom in-service in 2017.
4. Rules & Regulations Discussion/Vote
a. Rule 4.0
Mr. Anderson stated that there was a public comment from Mr. Blackburn on this rule. His e-mail was passed out. His concern was under 4.5.3 with the sirens and lights. His concern was that these items cannot be used on private property and since his campus is quite large where the constables need to go from one end to the other when a situation occurs, the lights and siren would help them get through the traffic.
The issue regarding the use of blue lights, not red lights, was discussed.
Ms. Anderson passed out 21 Del. C. Ch. 43 specifically §4353 for review regarding lights on vehicles.
Lt. Col. Hudson made the recommendation that the Board take Mr. Blackburn’s concerns and have legal counsel review to make a decision at the next meeting.
Mr. Durstein, with a second by Mr. Tharan, made a motion to defer the final publication, specifically the use of sirens, for further research. The motion was carried.
b. Rule 9.0
Ms. Anderson passed out this rule and there were no public comments. This will be signed for final publication.
Mr. Durstein, with a second by Mr. Tharan, made a motion to approve Rule 9.0 as presented for final publication. The motion was carried.
5. Liability Insurance
Ms. Anderson reminded the Board of those agencies that have liability insurance and if it was specifically for constables or not. Mr. Durstein spoke that this is a form of protection for the public from injury by a constable and also the concerns for the individual constables themselves.
Ms. Mims suggested that this may need to be done via a legislation change. She will do more research on this issue.
B. Board Members
The Board Members did not have any old business to discuss at this time.
C. Lieutenant Colonel
Lt. Colonel Hudson did not have any old business at this time.
VII. New Business
A. Professional Licensing
1. Badges
a. Dover Downs Hotel & Casino
Ms. Anderson presented the replacement badge for Dover Downs Hotel & Casino for approval.
Chief Bryson, with a second by Mr. Tharan, made a motion to approve the replacement badge for Dover Downs Hotel & Casino as presented. The motion was carried.
2. Returning of Commissions
Mr. Winstead had inquired about individuals keeping their commissions after they leave/retire from an agency. Ms. Anderson provided the e-mails from him and a copy of the minutes from 05/31/07 where the Board directed her to collect all commissions when an individual leaves before their commission expires.
Mr. Durstein, with a second by Mr. Tharan, made a motion to allow individuals to keep their commissions if they left in good standing, they must be returned otherwise and their identification cards must be returned no matter what. The motion was carried.
Mr. Terranova informed the Board that he feels there will be a need for another constable academy and would need a minimum of 12 individuals to make it happen.
B. Board Members
The Board members did not have any new business at this time.
C. Lt. Colonel
Happy Holidays to everyone! He thanked Mr. Terranova for a nice graduation ceremony for the last constable academy.
VIII. Adjournment
A. Schedule Annual Meeting
1. December 2016 @ 10:00am.
Mr. Tharan, with a second by Lt. Col. Hudson, made a motion to adjourn the meeting at 1116 hours. The motion was carried.
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