March 31st, 2007

Federal government portal to professional license and certification lookups

CareerOneStop, sponsored by the U.S. Department of Labor, is an occupation and industry database for job searchers, but it also provides links to all 50 states’ occupational licensing Web sites. Search by occupation, industry or keyword to find professional license and certification descriptions and links to the regulating agency.

Organizations that issue certifications, even for occupations that may not be licensed by a particular state, are also included. The certifying organizations maintain online name databases of their members, another option to verify field of employment. Note: not all certifying associations are listed for any one occupation, so be sure to check other sources that might perform the same function and also list their members.

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March 31st, 2007

State Roundup: Iowa State and County Web sites

The Iowa County Recorders Association operates a unique statewide database of Recorded documents. Real property and all other documents filed with the Recorder offices in Iowa counties can be searched from one portal. Select the county and documents you want to retrieve and then search by last or first name. Perform a single search for many or all 99 counties, and search for multiple document types; obtain index details and document images. Free registration is required. Full access requires Internet Explorer browser. The site also has links to individual county Web pages.

The State of Iowa Web site is well organized and has an extensive collection of links to state agencies, searchable by agency name and type of information. An array of Iowa state government documents are available online and can be located through the site’s search engine. Review the list of online services to link to databases of campaign finance reports, court records, corporations, unclaimed property, unidentified persons, state highway accident reports and much more.

Bookmark this link to a list of all agencies for each county. There’s quite a variance in the extensiveness of the online information that each county provides. The Cerro Gordo County Web site is technologically current, providing RSS for Public Notices (with documents) and News. Be sure to check each county Web site regularly for additions to their online records.

City guides, city government sites and Iowa services can be accessed from this commercial directory.

The Iowa Freedom of Information Council has an Open Records Handbook and other resources related to the public records law and access.

The Iowa State University has state and local government links to directories sorted by topic.

Some Web sites are valuable to private investigators for purposes other than their intended use. Craigslist is one of those, sometimes revealing background and activity on your subject. Small town newspapers often carry obituaries, police blotters and public notices not otherwise easily accessible.

Do any of you Iowans have favorite personal information Web sites?

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March 23rd, 2007

A taste of state legislation affecting private investigators

The abundance of state legislation restricting access to public records is depressing for open government advocates. But the head in the sand approach won’t preserve access, so here are some of the Bills under consideration by state legislatures.


New Hampshire

HB 269, An act prohibiting “pretexting” as a means of obtaining personally identifiable information, would invoke civil penalties for any use of pretexting to obtain any personally identifying information.

HB 686 would prohibit anyone from electronically tracking another person without that person’s consent.

HB 729 includes a prohibition on retaining or storing personal information on drivers’ licenses in an electronic form.


Arizona

Legislation introduced in Arizona aims to remove all victim information from police reports before they’re released to journalists, attorneys, private investigators or the public in general. SB 1286 states: “A victim’s contact and identifying information that is obtained, compiled or reported by a law enforcement agency shall be redacted by the originating agency in publicly accessible records pertaining to the criminal case involving the victim. “

SB1286 has other flaws as well. By requiring law enforcement to keep victim information out of public records (instead of redacting or blacking out the information when appropriate), the bill could force police agencies to spend millions of dollars to install new computer software and to redesign reports in order to create two sets of documents — one for public release and one for the criminal justice system to operate fairly.

California

California State Sen. Ron Calderon has introduced SB 690, legislation that was expected to allow District Attorneys to release personal information on arrestees and parolees, which an Attorney General Opinion had said violated the right to privacy. Unfortunately the bill appears to have become restrictive to the point that private investigators and the public might have more difficulty obtaining police reports under the California Public Records Act.

Notwithstanding any other law, a local agency may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if the person making the request declares under penalty of perjury that the request is made for a scholarly or journalistic purpose and the release of the information would enhance public safety, the interest of justices, or the public’s understanding of the justice system.

California Assemblymember Dave Jones has submitted AB 1168, a bill regulating public records which contain social security numbers.

The California Public Records Act requires state and local agencies to make their records available for public inspection unless a record is exempt from disclosure. The act exempts from disclosure, among others, any record that is a personnel, medical, or similar file the disclosure of which would constitute an unwarranted invasion of personal privacy.
This bill would provide that, notwithstanding these provisions, a local agency shall not disclose to the public any record that is required to be open to the public by any provision of law if that record displays more than the last four digits of any social security number.

SB 216 would allow only the last 4 digits of a judgment debtor’s social security number to appear on public records. SB 644 is similar.

A vague bill, AB 703 requires that records containing social security numbers be destroyed.

Last year’s failed bill, SB 1666, has returned in the form of SB 328, Personal Information: Prohibited Practices.

The bill would also prohibit any person, as defined, from, among other things, obtaining or attempting to obtain, or causing or attempting to cause the disclosure of, personal information about a customer or employee contained in the records of a business through specified methods, such as by making false, fictitious, or fraudulent statements or representations, with specified exceptions.

New Mexico

Two bills at the state legislature would make private records that are currently public. New Mexico publicly-owned utilities must provide copies of all its records, under current law, but the presumption of openness that has characterized the release of government records shifting toward closure.

One proposed law, HB 279, from Rep. Jeff Steinborn, D-Las Cruces, would prohibit the disclosure of consumers’ nonpublic personal information.

Another bill, House Bill 1027 from Rep. Patty Lundstrom, D-Gallup, would exempt from the right to inspect public records any law enforcement record of “individuals accused but not charged with a crime,” discharge papers of a veteran and “the residential addresses of customers of municipal or county utilities.”

Is your state government proposing similar legislation?

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March 21st, 2007

California UCC filings Web site shut down

A few weeks ago I wrote that the California State Controller ordered the removal of social security numbers from state tax liens. Now, Debra Bowen, the new California Secretary of State, has shut down the online UCC filings database in order to remove social security numbers from the UCC filings index.

We have temporarily disabled the capability to perform online searches and orders. In order to prevent identity theft and protect the personal privacy of people whose information appears in documents filed with the Secretary of State, we are in the process of removing social security numbers from all copies and electronic images of UCC filings made available to the public.

Records researchers and private investigators (and anyone else) who requests the paper copies, will receive them with the social security numbers removed. Bowen is not explicit on whether she will redact the complete SSN, but based on the bruising fight private investigators had with her last year over the business records pretexting bill, SB 1666, I expect she’ll remove as much personal information as the law will allow.

What effect might this restriction of public records have on private investigators, businesses and attorneys conducting due diligence, background screening or judgment collection?

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March 20th, 2007

This week in public records - New Jersey - Florida

The New Jersey Courier-Post has added statewide New Jersey Superior Court Criminal Conviction Records to its collection of public records databases, called DataUniverse. The collection of DataUniverse databases include some private investigators frequently use: New Jersey Death Index, Department of Corrections inmates, real property ownership, state employees and disciplinary records of doctors. As always, check the source material, don’t assume these records are inclusive or accurate.

Media organizations have charged ahead developing databases of public records, often of indexes and documents the government has not released or developed. The Florida Herald Tribune Teacher Misconduct Database is built from court records and administrative complaints filed with the Education Practices Commission against teachers for various types of misconduct. Searchable by name or location, the site returns a summary of the matter and copies of documents. The data covers 1997 - 2005. The state is scrambling to develop its own online database, a good outcome of the Herald Tribune project. The Florida government site may be available sometime in 2007.

Reported in Lucas Grindley.

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March 18th, 2007

State Roundup: California County and State databases

The Contra Costa County California civil court has a redesigned online docket search. It’s not an improvement. The question and answer, multi-step system is tailored to the general public, not the professional researcher. It’s not only annoying but now the required search fields are last name AND first initial. Anybody have a tool to defeat the first initial requirement?

A chart of all the courts shows the inclusive dates for each index.

The Calaveras County Sheriff site lists jail bookings and some arrests for February and March 2007.

California Business and Professions Code 22440 regulates Immigration Consultants who are not attorneys. Immigration consultants assist with non legal matters, such as completing and filing government forms. They are required to post a bond; their address and photograph are displayed at the Secretary of State Web site. Search the database by full or partial name or business name.

Go to the California Department of Corporations Web site, bookmark the Securities Regulation Division page to search companies offering securities and franchises for sale. Some companies have listed salespeople, with resumes of past employment.

Verify a current or inactive license of companies authorized to operate online escrow services.

Search by last name, with or without a first name, to verify a California teacher credential and the authorized subject area. Records cover certifications issued after 1989.

California Department of Alcoholic Beverage Control maintains a License Query System of bars, restaurants and markets authorized to sell alcohol. Search by licensee or business name or address. A search returns type of business, operator of the business, date the license was transferred, former licensee and any current or former disciplinary actions.

What is one of your favorite California county or state Web sites?

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March 15th, 2007

This week in public records - Florida - Oregon - Kansas - Georgia

Add Florida to the list of states that are concocting ill conceived “identity theft” legislation. Before long it’ll be a crime to know another person’s name. HB 1117 seeks to make possession of personal identifying information on a person without their prior approval a felony. The legislative staff analysis provides a summary.

HB 1117 also creates a new section of statute which provides that any person who willfully possesses “sensitive personal information” concerning an individual without first obtaining that individual’s consent commits a third degree felony. The term “sensitive personal information” is defined to mean any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual
including any:
• Alien registration number
• Government passport number
• Employer or taxpayer identification number
• Medicaid or food stamp account number
• Bank account number
• Credit or debit card number
• Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation

Unlike the identity theft statute, this section will not require proof that the person possessed the sensitive personal information with intent to fraudulently use it – only that the person willfully possessed it without first
obtaining permission of the individual.

Florida Bill HB 1211 would make distributing personal information without that person’s permission a misdemeanor. Are legislators being lazy in crafting laws that are so broad, or are they trying to bring legitimate business and the functions of the courts to a complete standstill?

HB 1213 bars the release of personal identifying information in public records. Other proposed legislation would remove certain information from court files and restrict the release of motor vehicle records.

I’d like to hear from private investigators, attorneys and journalists in Florida about the prospects of these measures. I sure hope they’re all working together.
AP story: Scores of legislative bills seek to limit public’s access to Florida records

On a more upbeat note, an Oregon government site has created a directory and search engine for locating databases of city, county, state and federal licenses, certifications, permits, and registrations. Quickly locate the Web site to lookup professional licenses and business permits. This is an ongoing project and most of the current links are state agencies.

A Kansas newspaper editorial elucidates just one of the many reasons why the Kansas Supreme Court’s mandate that government agencies redact personal information before releasing records to the public is harmful. The case is Data Tree, LLC v. Bill Meek, Sedgwick County Register of Deeds.

Unsolved criminal case files may be public records, not necessarily “open investigation” cases, according to the Georgia Court of Appeals. The court sided with the newspaper in, Athens Newspapers, L.L.C. v. Unified Government of Athens-Clarke County, which asserted that a 1992 unsolved murder case was dormant and the police were defeating the purpose of the Open Records Act by claiming the case was still pending.

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March 15th, 2007

Georgia Governor Makes Executive Appointment of Private Investigator

Governor Purdue has appointed Patricia Barrow Mincey, 45, to the Georgia Board of Private Detective and Security Agencies.

Patricia is a Savannah, Private Detective/ Security Agency Member – owner and lead investigator of Executive Strategies and a contract investigator with US Investigations.

She served as a corporate fraud manager for Food Lion Stores, a division of Delhaize Corporation, and a loss prevention manager for Kmart Corporation. She is a member of the National Council of Investigation and Security Services, the International Graphoanalysis Society, the Association of Certified Fraud Examiners and the Georgia Association of Professional Private Investigators Board of Directors.

Patricia Mincey attended the University of Georgia, Georgia Southern University, and Armstrong Atlantic State University. She and her husband, Ron, have one grown daughter.

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March 14th, 2007

Private Investigators Involved in H-P Scandal to Avoid Jail.

According to numerous wire releases, it appears that the private investigators implicated in the Hewlett-Packard Co. scandal, will avoid jail time in a no contest plea deal to misdemeanor charges on fraudulent wire communications in California.

In a statement issued by the Attorney General’s Office, the court did not accept the plea from investigators, Ronald DeLia, with the private investigation firm of Security Outsourcing Solutions Inc. and Matthew DePante, a third-party consultant working with Action Research Group. Rather, the judge offered to officially dismiss the case against them in September if they complete 96 hours of community service and pay restitution to victims.

Another defendant, private investigator Bryan Wagner, who previously worked at Action Research Group, also was charged in October. The state’s case against him was dropped after Wagner pleaded guilty to the same charges in federal court and agreed to testify for the prosecution.

The investigators were initially charged in October with four felony counts: use of false or fraudulent pretenses to obtain confidential information from a public utility; unauthorized access to computer data; identity theft; and conspiracy to commit each of those crimes. Each of those charges carried a fine of up to $10,000 and three years in prison.

While the deal with state prosecutors allows all the defendants to escape jail time, federal prosecutors have said their investigation of the HP leaks probe is ongoing. The saga continues…what do you think?

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March 13th, 2007

Federal Contractors - approved and debarred

The Excluded Parties List System is a federal General Services Administration database of private contractors which are banned from receiving federal contracts. Search by individual or company name. Results return address, DUNS, action date and agency.

The Project On Government Oversight maintains the Federal Contractors Misconduct Database, a partial index to some misconduct by the largest government contractors. The authors explain their methodology:”This compilation is, by necessity, incomplete, as there is no official central repository of information about violations committed by contractors. Therefore, for this investigation a myriad of public records were searched for primary source data.”

The Laborers’ Union links to lists of debarred contractors maintained by state governments. Most of the sites are the state agencies that oversee the enforcement of the prevailing wage laws for public works construction contracts. More government contract research sources are compiled by the Center for Corporate Policy.

Register at the Federal Procurement Data System Web site to search by name for companies that have secured contracts with the federal government. Search for federal grants and contracts that are currently available.

The federal Central Contractor Registration database can be searched by company name and returns details on the companies state of incorporation, types of services performed, the principals of the company and the status of their registration.

Some companies that have registered as a Small or Disadvantaged Business may be found in the Small Business Administration database.

OMB Watch, a project of the Sunlight Foundation, provides a more usable database for searching federal contracts and grants in their Fedspending.org database. The data is drawn from the Federal Procurement Data System and the Federal Assistance Award Data System and is only as complete as the data the government releases.

The data are often missing parts or sections and at times are significantly limited in its usefulness. This is solely because of the way the government collects and manages the information. OMB Watch is not responsible for the quality of the data and hopes the use of this website will prompt the government to improve the quality of the information it collects and provides to the public.

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