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most importantly it doesn't provide the security companies fair notice of the conduct that's being
regulated there.
There are something like 550 to 560 different police agencies in the state of Michigan. They all
have their own badges. They pride themselves on having different badges just as security guard
companies do, and whether or not we quote-unquote “resemble a law enforcement personnel
badge” is going to be very problematic.
In essence, agents or officers for LARA would be making a sort of a subjective arbitrary decision
as to whether the shape, the coloration, internal graphics, the wording, any other accoutrements
of the badge or the patch of a private security companies resembles that of a police badge.
Secondly, looking to rule 4. Rule 4 has certain words that cannot be used by security guard
agencies. The one that we have a problem with is the word officer. If you look at the definition of
peace officer in the state of Michigan at MCL 750.215(5), it lists officers and it specifically says
an officer of the state police, an officer of a police department, a security employee by the state
police or the state, a conservation officer, a motor carrier officer, a park and recreation officer, a
state forest officer, a federal law enforcement officer.
There are, in all of those cases there's a modifier in front of the word officer for clarity as to the
type of officer, which is being uh, which is considered law enforcement within the state. The
word “officer” by itself is way too broad. Without any modification to the word officer, there's no
intention to the rule. An officer is generally considered one with some responsibility, with uh,
functions and duties of an officer in a position of trust. and so it could refer, if there's no
modifier, it's unknown to the reader whether you intend to refer to a military officer, or peace
officer, or corporate officer, a publicly elected officer or others. We ask that you delete the word
officer as the intent of the rule is very clear by using the words police, sheriff, deputy peace
officer, and marshal, which are certainly all mentioned within the statute that I just cited for the
definition of law enforcement officers.
Finally, one that needs clarification. Rule 6 refers to an employee - excuse me - an employer
shall conduct an annual multi-jurisdictional criminal background check of employees to meet the
requirements of section 10. Section 10 of the act refers to any of the officers, directors, partners,
or manager. And then in essence requires a background check because you have to assure that
they have not been convicted of a felony or misdemeanor. So, the clarification needed under uh
proposed rule 6(2) is that employees as used in the rule - and it refers to section 10 - is to be
limited to the officers directed part directors, partners, or managers of a security agency and not
every single employee.
Doing a uh, an annual multi-jurisdictional criminal background check on every employee
employed by a security company would be an incredibly onerous business given the nature of the
business, the number of employees that large security companies have and the fact that some
individuals are there for 6 months and then they leave.