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Things You
Should Know Before Hiring Security Guards
Many companies (or in some case, individuals) find it necessary
to hire a security guard agency (SGA) to protect their business, property,
employees or even family. Regardless, consumers should give such a decision
careful thought and thoroughly consider the circumstances before hiring a
security guard agency. Prior to contacting a SGA, the consumer should
specifically identify what they want protected, the level of protection, how
long they want it and how much money they can afford to spend. Additionally,
consumers may want to first check on the SGA using a consumer assistance group
(such as the Better Business Bureau), researching reports on the internet, or
examining other sources of business information. Please note: A SGA is not
necessarily "bad" because it has complaints registered with such sources -
sometimes complaints are not justified. A consumer may also want to check with
the AZ DPS Licensing Unit to determine if the SGA is properly licensed. In
Arizona, any advertisement for a SGA must also contain their license number.
Once a SGA is selected, talk to their representative and discuss
your needs with them, what your expectations are and how much you can afford
(total). Ask to see their SGA license or obtain their license number. The SGA
should readily provide options and inform you if your goals and finances are
realistic. Before hiring a SGA, make sure both you and the SGA are clear about
what is expected by each of you. Thoroughly read and understand all terms of any
contract or agreement and make sure it contains all terms you deem important
(price, service dates, etc).
The following are some highlights of the AZ security guard
licensing statutes:
1. It is against the law for a agency or individual to
provide contract security services if they are not licensed by the AZ DPS
Licensing Unit. Always ask to see the SGA license and record the number and
expiration. If the agency (or individual) does not have a valid license in
possession, they cannot legally perform security work in Arizona. Violation of
any statute related to security guards or SGA's is a class 1 misdemeanor (ARS
32-2608 and 32-2637).
2. Security guards must be employed by a licensed SGA
and they cannot provide "individual" services on their own. If an
agency or
person wants to hire a security guard, they must obtain services through a
licensed SGA (very few exceptions). Security guards who are actual employees of
a non-security business or corporation (proprietary) are currently exempt from
Arizona's licensing requirements, however, they are subject to the
uniform approval process and if armed, firearm training requirements.
3. Security guards must be in possession of a valid
security guard license while working (ARS 32-2636.A.24). Additionally, they must be wearing a
uniform that was approved by the Licensing Unit. Report anyone claiming to be
a security guard who cannot (or will not) produce such licenses or ID to the AZ
DPS Licensing Unit at (602) 223-2361.
4. Neither SGA's nor their clients may specify the
uniform for their security guards unless the Licensing Unit has reviewed and
approved the uniform. Uniform items that resemble any component of known
Arizona law enforcement agency uniforms will not be approved - this includes
certain color combinations of the shirts/trousers, badges, patches, hats and
coats (this does not include gunbelts/holsters). A SGA must contact the
Licensing Unit for approval before security guards can actually wear the uniform
- there is no "grace period." Oftentimes, the SGA will meet with Licensing Unit
staff and bring examples of the desired uniform or submit detailed pictures.
Once a uniform is approved, it may not be modified without approval of the
Licensing Unit.
5. Different businesses and venues have varying needs and
requirements: The Licensing Unit will work with SGA's and their clients to help
find solutions. Unfortunately, some SGA's choose to bypass consultation with
the Licensing Unit and make decisions that result in complaints or violations of
the law. Examples include SGA's employing unlicensed guards (includes guards
pending a license) or attempting to "camouflage" unlicensed guards by placing
them in unauthorized uniforms (or shirts) that say "EVENT STAFF", "SECURITY",
"MANAGEMENT" or simply contain an agency logo. Another common violation is when
SGA's claim that a particular employee is an usher or parking attendant when
they are actually performing security functions (note - an actual parking
attendant is only responsible for parking vehicles and has no security related
duties or responsibilities). These types of violations usually occur when the
SGA cannot hire enough licensed security guards to fulfill the requirements of
the contract with the client, so they employ unlicensed persons to fill in. Responsible parties of SGA's
employing unlicensed security guards or unlicensed persons found working in a
security guard function are subject to arrest, revocation or suspension of their
license or denial of a SGA or security guard license. If the Licensing Unit
finds unlicensed security guards working at a job site they will not be
permitted to continue working.
6. Security guards may not be in possession of a
firearm while on duty at a job site unless they possess a valid armed security
guard license. Security guards may possess other defensive weapons such as
OC spray, batons, stun guns, Tasers, etc, at the discretion of the employing SGA
and the client.
7. Security guards are not peace officers, nor do they
have any law enforcement authority. Any duties performed by a security guard
or armed security guard shall be performed in the capacity of a private citizen.
8. Security vehicles used during the performance of
security guard work are subject to certain limitations related to markings and
lights. Such vehicles may not resemble a law enforcement agency's vehicle,
nor may they display a red or red and blue light to the front of the vehicle.
Auxiliary warning lights on a security vehicle should generally be amber or
white (or both) so there is no confusion as to the vehicles status. Security
vehicles may not be used to attempt to stop other vehicles or persons on a
public road or on public property. Security vehicles can be used to effect
stops on cars or persons during the course of duties while on private
property that they are responsible for, however, any stop by the car or person
is voluntary in nature and they will generally suffer no criminal liability if
they refuse to stop.
9. The State of Arizona requires each security guard to
receive at least eight hours of training prior to receiving their initial
license and another eight hours prior to renewal. Armed security guards are
required to receive the initial eight hours (to obtain the unarmed license) and
an additional sixteen hours of firearms training prior to receiving their armed
security guard license. Renewal of an armed security guard license requires
another eight hours of refresher firearms training (annually). All training is the
responsibility of the security guard and the employing SGA. Additionally, the
curriculum of these training requirements must be approved by the Licensing
Unit.
10. Clients may check
contract security guards to ensure they are properly licensed. Report unlicensed guards (or agencies) to the DPS Licensing Unit at
(602) 223-2361.
11. A SGA may perform executive protection or body guard
work, however, they may not carry concealed weapons unless they have a
valid concealed weapon permit.
Complaints
If you have a complaint against an
agency we regulate, you should first try to resolve it directly by contacting a
supervisor of the agency. If for some reason you are unable to resolve the
problem, you may wish to contact senior management or the agencies consumer
affairs representative for further assistance. Dealing directly with the agency
is usually the fastest, simplest and most effective approach. Most agencies
value their customers and will usually be responsive to their concerns. If you
are unable to resolve your complaint directly with the SGA, you may file a complaint with the
Licensing Unit, which is responsible for ensuring that the agencies we
regulate comply with applicable state laws.
If our investigation of your
complaint finds a violation of law or rule, we will inform you of the violation
and the corrective action to be taken. However, we do not have authority to
resolve contractual disputes or undocumented factual disputes between a customer
and an agency. We also do not have the authority to resolve disagreements
pertaining to the agencies policies and procedures that are a matter of
management discretion and not addressed by the specific laws we enforce. In such
cases, if the agency does not make a voluntary adjustment, we will usually
advise you to consider obtaining legal counsel regarding your rights to resolve
the situation. While the Licensing Unit endeavors to intercede on behalf of
complainants, the transactions at issue are not always within
our authority as regulators. This
Department's regulatory authority is limited to the laws passed in the
legislature that relate to security guards and private investigators.
Download the
Complaint
Form here
AZ DPS Licensing Unit
PO Box 6328 MD 1160
Phoenix, AZ 85005
Phone: (602) 223-2361
Fax: (602) 223-2938 |