State lacks security guard regulations

BOISE – In Idaho, the state leaves it to cities and towns to decide whether to ensure security guards aren’t on terrorism watch lists or haven’t been convicted of crimes.

Idaho is one of about 10 states that don’t regulate the private security industry, which in recent years has found itself increasingly called upon to guard against terrorist attacks.

Since Sept. 11, 2001, Idaho State Police has not submitted a single applicant for a security guard position to the FBI for background or fingerprint checks, according to Dawn Peck, manager of the Idaho State Police Bureau of Criminal Identification.

“I’m sure there’s a perception that those people are completely backgrounded, but that’s just not the case. At least in Idaho,” Peck said.

Increasingly, local communities are recognizing the lack of state regulations and filling the void.

At least eight Idaho communities either require a criminal background check and/or submission of applicants’ fingerprints to the FBI, according to a survey conducted by the Association of Idaho Cities for the Associated Press. Among them: Coeur d’Alene, Pocatello, Idaho Falls and Garden City, which just passed an ordinance requiring both last September.

In Chubbuck, a 15,000-strong suburb of Pocatello, city officials decided in the 1990s to require a criminal background check going back 10 years and a fingerprint check with the FBI.

“They should have a background check and, you would hope, some kind of training,” said Patty Unruh, administrative assistant to Police Chief Randy Severe. “It’s important that the community knows a little something about these people.”

The state of Idaho contracts with a private company for security guards at the Capitol and other sensitive sites. That contract only requires a police records check statewide for the last seven years, credit check, confirmation of previous employment and reference checks.

However, the contract also requires that guards have an updated city license, and the city of Boise requires federal background checks, including fingerprints, for all private security guards and alarm installers who work in the city.

“Background checks are a big public safety issue when you’re dealing with positions of safety and trust,” said Bob Barros-Bailey, Boise’s deputy city clerk.

Since August 2003, the city has denied 15 license applications, out of an estimated 350 applicants.

But when asked whether the state should begin regulating the industry, Barros-Bailey said, “With Idaho being such a rural state, I’m not sure it’s a huge issue. But certainly there are more populated areas in the state that probably should be looking into it.”

Rep. Raul Labrador, R-Eagle, only partly disagreed.

“If you are going to provide security, you should know who is providing it. If it’s about government facilities, they should require it,” he said.

That said, Labrador thinks private companies that employ security guards should be allowed to decide whether to require background checks.

But companies that don’t do such background checks – regardless of whether they are required by law – might expose themselves to lawsuits for a guard’s bad behavior, said Sen. John Goedde, R-Coeur d’Alene.

“If a sex offender were to be put into a position where he can reoffend, I can certainly see where the company he worked for would be responsible,” Goedde said.

Overall, though, few in state government have found light regulation of the industry to be a problem.

Jon Hanian, press secretary for Republican Gov. Butch Otter, said no one is clamoring for a government remedy.

“If there are individuals that believe it’s a pressing concern, we’d be open to look at it,” Hanian said. “But no one has come to us and said, ‘This is broke, fix it.” ‘