Colorado Private Investigator Regulators Finally Speak: Public Comment Meeting Set

By Ryan Ross and Susanna Speier

Denver Private Investigator Blogger

DENVER – More than three months behind schedule and after months of silence, officials with the Office of Private Investigator Licensure (OPIU) of the Division of Professions and Occupations (DPO) and the state’s Department of Regulatory Affairs (DORA) said they have set the first “stakeholder” meeting for 1:00 pm November 12 in room 1250 (12^th floor) at 1560 Broadway in Denver.

The stated purpose is to “gather input” on rules for the state’s brand new law requiring that all private investigator get licenses. “The division invites you to share your thoughts and recommendations as we develop a preliminary draft of the proposed rules to regulate private investigators,” the regulators said in their announcement.

Enforcement Unit Supervisor Dennis Larson also said in the announcement that regulators “will consider” comments only on requirements for the license for experienced investigators, the surety bond requirement, the exam, the standards of practice, the rules of professional conduct. Other matters – such as the cost of the licenses – will be considered only after comment on these items has been received, and then only if time permits.

All private investigators will have to pass the test adopted by regulators, and there is already a California offering to sell study guides and warning that the failure rate will be high, forcing a lot of unprepared investigators out of business.

It’s still not clear how many investigators are worried. Leading licensing opponent Rick Johnson isn’t. “A test is a test,’ he says. “ How difficult can this test be?” Johnson also acknowledges that not all Colorado investigators share his ennui. “People who work for me aren’t worried about it but people new to the industry might be worried and I can understand why they would be worried about an exam. It’s the unknown. They don’t know what’s going to be on this test. Thirty five years versus months — this is going to give the person with more experience the upper hand.”

Chief licensing proponent Chris Bray was not concerned by the schedule delays. ‘We have every confidence that DORA will meet the requirements set forth under law and will announce meetings, timetables and rules as soon as they are ready to be announced,” he said before the announcement of the meeting for public comment.

The delays, however, create a time crunch. State law requires the regulators issue their proposed rules, and then hold a hearing to solicit comment. That hearing, they said in July, was going to be held in November, with the rules becoming effective by January. Now that timetable is in jeopardy. The tighter the schedule, the less time the regulator have to do their homework, and consider comments from investigators and others.

How close to the wire is DORA actually going to go? “Lets have a New Years Eve party at DORA” Johnson says, “with beer in our hands, party hats, and blowers and lets sit down and see if we can get this hammered out.”

The agenda for the public-comment meeting is here.

The web site for the licensing program is here.

Although information remains unavailable on the web site DORA created for the private investigator licensure program. It is, however, available through a mailing list that you sign up for by sending a subscription request to: dennis.larson@state.co.us

Colorado Private Investigations Industry Regulator Has Major Military Background

By Susanna Speier

Denver Private Investigator Blogger

DENVER – The regulator in charge of Colorado’s private investigators has a small background in investigations and a major background with the military, his resume indicates.

Mark Browne – named earlier this year to implement the legislation requiring that all Colorado private investigators get licenses from the state by July 1, 2015 – has been an intern with a big city police department and the consumer protection division of a state Attorney General’s department, but those stints are so far in his background he doesn’t even list them on his resume.

Instead, the resume focuses on his military experience, which began a decade ago when he was a troop fire support officer with the US Army, stationed at Fort Carson in Colorado Springs.  He writes in his cover letter to state officials that his job was to advise the troop commander on all technical and tactical aspects of lethal fires and non-lethal effects and to supervise the training, welfare, combat readiness, safety and morale of a three-member fire support team.

The Denver Private Investigator Blogger submitted a records request for Browne’s resume after a department spokeswoman refused to respond to a question about Browne’s professional background.

— More—

Fiscal Problems Threaten Colorado Private Investigator Licensing Program

By Denver Private Investigator Blog

DENVER – The fee to obtain a private investigator’s license in Colorado will have to double again next year based on the current number of licenses that have been issued and the cost of operating the licensing program, the latest indication that the program will likely be abandoned unless obtaining a license becomes a requirement instead of an option.

State regulators say that of the 90 private investigators who had obtained a license last year, only 43 renewed this year. Another six private investigators obtained their first license this year.

That generated about $32,000 in revenues. With a project budget of about $80,000 for the fiscal year that began July 1, state regulators say the program is facing a $48,000 deficit.  The program is not supported by state revenues; licensing fees are its sole source of revenue.

The licensing program is voluntary; private investigators in Colorado can continue to operate in the state without obtaining one. That makes Colorado one of less than handful of states that don’t require private investigators to obtain licenses.

Colorado’s program began in 2012, but ran into financial trouble almost immediately. Backers had projected that about 250 private investigators would obtain licenses, and when only 90 did state regulators boosted the annual fee for a license from $320 to $644. That provided enough revenues to meet the program’s expenses during the last fiscal year, but less than half of the private investigators who had obtained their licenses in 2012 renewed them, putting the program in a deep financial hole this fiscal year.

— More—

Workplace Investigators Group Sets First-Ever Denver Reception

By Rachel Sapin

Denver Private Investigator Blogger

DENVER – A Denver-based leader of the country’s largest association of workplace investigators is hosting a reception August 27 to highlight the association’s work and introduce it to Denver-area investigators.

The reception by the The Association of Workplace Investigators (AWI) features a presentation by AWI founder and immediate past President Amy Oppenheimer of Berkeley, California, who will discuss the association and its recently published “Guiding Principles for Investigators Conducting Impartial Workplace Investigations.”

The reception is set for 4:30 – 6 pm at the offices of Wheeler, Trigg, O’Donnell, LLP at 370 Seventeenth Street, Suite 4500, in Denver.  Space is limited and RSVP is requested by emailing the reception host Elizabeth Rita at erita@gmail.com

Rita is a sustaining AWI member and an employment lawyer. She has conducted hundreds of workplace investigations across the country since 1994. She is also the founder of Workplace Intelligence (WPi) and a partner at Kelly, Stacy & Rita LLC.

Rita spoke with the Denver Private Investigator Blog about the upcoming reception and the challenges workplace investigators face.

Denver Private Investigator Blog: The Association of Workplace Investigators (AWI) has been around since 2009. What’s the purpose of the reception on Aug. 27?

Rita: AWI isn’t well known here in Denver, and we have only a few members in this area.  Colorado doesn’t have an organization like this that specializes in workplace investigations, and in fact I don’t think there is another organization like this anywhere in the country.  AWI provides a great resource for people here who do our work.  I am hoping that the reception will introduce AWI to the community of workplace investigations here, so we can get more people involved on the local level.

 —More—

Pueblo-based Private Investigator Connects Newcomers To Seasoned Professionals Through Online Mentoring

By the Denver Private Investigator Blog

Pueblo private investigator Dave Pettinari says there are few resources for those looking to transition to a career in private investigation. So in 2009, he started a LinkedIn Mentoring Group called Mentoring Program for Private Investigators  to lend a hand to newcomers. It recently surpassed 800 members from throughout the U.S. and several other countries, and growth has been strong.

Pettinari himself transitioned to being a private investigator after 20 years of working for the Pueblo County Sheriff’s Office, where he specialized in computer forensics. There he served as a commander of a high-tech crimes unit, and participated in the Colorado Internet Crimes Against Children Task Force. He and fellow officers arrested 36 online predators.

Today he operates his own business – Tac Forensics  – specializing in data recovery.

Pettinari answered some questions for The Denver Private Investigator Blog about the private investigation field, as well as the challenges facing those new to the profession.

Denver Private Investigator Blog: What prompted you to create an online forum to mentor new private investigators? What’s in it for you?

Pettinari: Nothing in it for me, really, other than to give back to the profession. When I started as a PI, our state private investigation association had a list of investigators willing to work with others. But I wanted a more formal way for newbies and even the experienced to meet others in their specialty, ask questions, and learn from one another. I have noticed some real heavyweights in this profession signing up as members of the online forum, and some conversations show the inexperienced are taking advantage of the opportunity to get some tough, and some easy, questions answered very quickly.

 —More—

Backers Say Critical Vote Lacking on Mandatory Licensing for Private Investigators

By the Denver Private Investigator Blog

DENVER – Leaders of the campaign for legislation requiring private investigators to get a license from the state in Colorado said earlier this week that the effort is threatened by likely opposition from a key state senator.

“There is strong support – but we learned today that the chair of the Senate Judiciary Committee, and possibly others are opposed,” former Professional Private Investigators Association Chairman Dean Beers wrote in an email to PPIAC leaders earlier this week. “There (sic) sole purpose of leaning to oppose is consumer protection. They don’t see it.”

—More—

Bill Allowing Licensing for Colorado Private Investigators Almost Law

By the Denver Private Investigator Blog 

DENVER – Legislation allowing private investigators to obtain a license cleared the state Senate Monday, putting Colorado one step closer to ending its status as one of a handful of states that does not license private investigators.

The Bill passed with a 21-13 margin. Assuming the House agrees to amendments added to the bill in the Senate, the bill is headed for Gov. John Hickenlooper’s desk. He has not publicly indicated whether he’ll sign the bill.

Colorado Senators Irene Aguilar, Lucia Guzman, Bob Bacon, Gail Schwartz, Betty Boyd, Mary Hodge, Shawn Mitchell, Pat Steadman, Rollie Heath, Evie Hudak, John Morse, Lois Tochtrop, Morgan Carroll, Cheri Jahn, Linda Newell, Mike Johnston, Jeanne Nicholson, Suzanne Williams, Angela Giron, Steve King, and Senate President Brandon C. Shaffer voted for the bill.

Colorado Senators who voted against the bill consisted of: Senators Mike Kopp, Mark Scheffel, Ted Harvey, Kent Lambert, Kevin Lundberg, Nancy Spence, Greg Brophy, Bill Cadman, Al White, Keith King, Scott Renfroe, Kevin Grantham, and Ellen Roberts.

Under the licensing system created by the bill, licenses could be issued to PIs who have no felony convictions or class one misdemeanor convictions for the past 10 years, and who have 4,000 hours of work experience or 2,000 hours plus some form of as-yet unspecified post-secondary education.

—More—

Colorado Private Investigator Wins National Publicity Cyber-Sleuthing for Celebrities

By the Denver Private Investigator Blog

Ed Opperman of EmailRevealer.com

COLORADO SPRINGS — A Colorado private investigator is attracting boatloads of national press by identifying emailers and conducting other cyber-stalking investigations for a wide range of clients,  including celebrities.

Ed Opperman of EmailRevealer.com recently  investigated  the origin of an e-mail complaining about one of the producers of shock-jock radio talker Howard Stern. The case made national headlines, and it’s far from the only time Opperman has worked for celebrities.

Opperman offered some insights into his cyber-sleuthing in a  recent e-interview with  the Denver Private Investigator Blog.

—More—

Bill Allowing Licensing for Colorado Private Investigators Advances

By the Denver Private Investigator Blog

DENVER – Legislation allowing Colorado private investigators to obtain licenses from the state cleared another hurdle Monday with approval by a Senate committee.

The 6-3 vote in favor of the bill by members of the Senate Judiciary committee puts Colorado one step closer to ending its status as one of only a handful of states that does not license private investigators.

Under the licensing system created by the bill, licenses could be issued to PIs who have no felony convictions or class one misdemeanor convictions for the past 10 years, and who have 4,000 hours of work experience or 2,000 hours plus some form of as-yet unspecified post-secondary education.

Senators Kevin Lundberg of Berthoud, Colo., Ellen Roberts of Durango, Colo., and Mark Scheffel of Parker, Colo., voted against the bill. The senators who voted for the bill are: Angela Giron of Pueblo, Colo., Steve King of Grand Junction, Colo., Linda Newell of Littleton, Colo., Jeanne Nicholson of Gilpin County, Colo., Lucia Guzman of Denver, and Morgan Carroll of Aurora, Colo.

—MORE—

Colorado Private Investigator Licensing Bill Clears 2nd Hurdle in Legislature

DENVER, CO – Legislation to give Colorado private investigators the option of getting a license from the state was approved by members of a House committee Wednesday, moving it one step closer to becoming law.

The 8-5 vote in favor of HB1195 by the House Finance Committee means that the bill has now been approved by two House committees. Up next is the House Appropriations Committee, and then the Senate.

Voting in favor of the bill were committee chair Brian DelGrosso, vice-chair
Keith Swerdfeger, and members  Cindy Acree,  Dickie Lee Hullinghorst,  Janak Joshi,  Kathleen Conti, Daniel Kagan and Crisanta Duran. Voting no were Jeanne Labuda,
Don Beezley, Dan Pabon, Spencer Swalm and John Kefalas.

Bill sponsor and House Judiciary Committee chair Bob Gardner of Colorado Springs told finance committee members earlier this month that he is not a fan of mandatory licensing for private investigators. His bill would give PIs the option of getting a license, something he suggested would raise the level of professionalism n the field and give the public a greater degree of assurance about the work of private investigators.

Private Investigator Chris Bray, a member of the Professional Private Investigators of Colorado, testified that the bill would weed out the bad actors, protect the public and begin the process of protecting private investigator’s access to public records. (Bray has long spoken about the benefits of PI licensing.).

Brian Pritchard, director of the business and technical section of the Department of Regulatory Agencies, spoke against the bill. Among other objections, he noted that the bill doesn’t include a provision empowering the state to act against anyone falsely claiming to have a license. Read DORA’s sunrise review of HB 1195.

—More—