Licensing of Guards Increasingly a Concern

Security guard William D. Owen arrived for his 1995 job interview in posh Emerald Bay with a sharp suit, a firm handshake and a state license that assured his soon-to-be employers that he was a sentry to be trusted.

But before long, he was leaving his graveyard shift at the exclusive oceanside enclave with his pockets stuffed with new credit cards and checks pulled from the mailboxes of vacationing millionaires. Owen, it turned out, was actually a three-time felon who had found a delicious opportunity.

“For somebody like him, it was like a kid in a candy store,” said Fountain Valley Police Det. Leslie Roberts, who found drawers full of stolen mail at Owen’s home. “Believe me, this was a happy, happy guy.”

Owen was later convicted on mail theft charges, but the incident left Emerald Bay residents with a deep sense of betrayal. Much of their anger was directed at the state agency that somehow missed or ignored Owen’s criminal history while doing a background check.

“The system simply let them down,” Roberts said.

Owen’s case is an extreme example of the state’s ongoing problems regulating the booming security guard industry.

Corruption in the industry is hard to pin down, in part because of a jumbled licensing system that can require some guards to carry as many as three state permits while others can work legally outside government scrutiny altogether.

Although armed guards do not get a permit until the FBI checks their criminal record nationwide, unarmed guards are handed temporary permits with no background checks at all--and later receive full licenses after only their California histories are scanned.

“The way it is now, an ax murderer from Georgia can come to California to be a security guard and we would never know it,” said John A. Nickols, who took over last year as chief of the state’s Bureau of Security and Investigative Services.

The agency regulates only contract guards--those who work for guard companies that hire them out. The guards who are employed directly by a business, be it a corner pub or a million-dollar housing community, are not regulated by the state--although many of those guards do voluntarily get licenses to show their prospective employers.

But even then, as in the case of Owen, the slow-moving system can fail miserably.

Those problems will be central to a meeting Tuesday in Santa Ana that will bring Nickols together with industry leaders and two dozen police officials from Orange and Los Angeles counties at the offices of Assemblyman Jim Morrissey (R-Anaheim).

The state says there are more than 164,000 licensed guards across California. Thousands work without licenses for private businesses, but still wear a uniform and perhaps a badge, making them instant figures of trust for most people.

There are no statistics available for individual counties, but in the last fiscal year (July 1996 to June 1997) there were 1,934 guard licenses statewide revoked, suspended or denied for criminal behavior. That number excludes the guards who need licenses but simply don’t get them, the people whom officials concede are most likely to exploit their positions for criminal gain.

The majority of guards are considered honest and hard-working. But Nickols concedes that a small percentage of the state’s security guards--licensed and unlicensed--are “bad apples.”

Trust has never been more important in the industry, which has seen a 19% increase in the number of guards in the past five years. In Southern California, security guards outnumber police officers about three to one.

The boom can be traced to a resurgence in home and commercial construction--along with a public perception of worsening crime. At a time when business is brisk for security guard firms, the industry is faced with cleaning up its image and trying to improve an admittedly shaky relationship with law enforcement.

Concerns about guards’ reliability come at a time when several studies and pilot projects suggest that these “private police” could be useful in extending the reach of law enforcement by working in tandem with officers.

But there are problems.

Police in Santa Ana arrested a group of guards several years ago who were later convicted of armed robbery charges for shaking down drunk bar patrons and recently arrived immigrants.

“They wore uniforms very similar to Santa Ana [police] uniforms, and that caused a great deal of fear with the people they robbed and directly impacted public trust in law enforcement,” Santa Ana Police Lt. Mike Foote said. “That’s very concerning to us.”

The Bureau of Security and Investigative Services regulates only licensed guards and the companies they work for.

It has no choice but to ignore the portion of the industry that sidesteps state regulation altogether: the unarmed, uniformed guards hired directly by managers of bars, apartment complexes, factories or other businesses.

Los Angeles Police Det. Richard Rudell, who works on the police commission unit that regulates permits for security guards, said abuses are widespread.

“Every time we go out, we can find guard violations,” he said. “A guy in a uniform at a pool hall, wearing a gun, with no [state license]. If all we wanted to do was go after them, then that’s all we would have time to do.”

Dealing with unlicensed guards and guards who use their jobs to violate the law will be just one of the issues scheduled for discussion Tuesday, when police officials from Anaheim, Fullerton, Huntington Park, Santa Monica and other Southland cities will air their concerns.

Other topics expected to be discussed include:

* The state screening system for guards. Critics want to quicken the pace of background checks--which can take 120 days or more. Others question why only California crime records are checked for unarmed guards, allowing out-of-state felons to sidestep detection.

* The quality of training for guards. The minimum standards set by the state are in some instances just a fraction of the training requirements in other states. One example: In California, a person can become a licensed, armed guard after 14 hours of training, compared to the 40 hours required in states such as Florida and Alaska.

* New industry standards for guard uniforms. Many in the industry are pushing for regulations that mandate uniforms markedly different from clothing worn by police. Patches and car markings that clearly name security companies will also bring more accountability for guards and their bosses, reformers say.

* Better enforcement of regulations. A small team of state investigators is responsible for policing the more than 72,000 licensed guards in Orange and Los Angeles counties.

* Stiffer penalties. A guard company that employs unlicensed guards now faces a $12 fine under state law. Nichols wants that hiked to $57--which would match the price that legitimate companies pay for a new guard’s license and state background check.

* A new digital fingerprinting system. Nickols says computerized scanners, which are in use in some California police stations, link up with state Department of Justice records and hold much promise for streamlining background checks and tracking guards.

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

On Guards

Private security has been a growth industry in Southern California as well as statewide. Here are the numbers of licensed guards.

*--*

Los Angeles Orange Year Statewide County County 1993 133,624 51,319 8,798 1994 133,632 52,433 8,854 1995 140,887 55,769 9,564 1996 155,848 59,567 10,906 1997 164,461 60,855 11,539

*--*

****

License Denied

Security guard license denials have decreased by a third since 1994. The denials include rejections--usually after a background check--revocations and suspensions. Denials statewide:

1993: 375*

1994: 2,919

1995: 2,286

1996: 2,029

1997: 1,934

* Enforcement activity decreased due to reduced funding

****

Watching the Watchmen

State officials and local police say there are several simple ways to screen prospective security guards and security guard companies:

Ask for state registration numbers. All contract guards must carry licenses and, if they are armed, separate permits for guns, batons or Mace spray. Companies also are given state licenses and numbers.

Ask guard companies for proof of insurance, then check with the insurer to make sure the policy is active.

Check guard company contracts for specific services to be provided and ask questions about license status of individuals who will perform each service.

Check guards and companies with the state Department of Consumer Affairs. Call (800) 952-5210 to check record and license status of any guard or company, or to file a complaint. The exact name of the company is needed, and a registration number will speed your request.

Source: State of California Department of Consumer Affairs

Researched by GEOFF BOUCHER / Los Angeles Times