KANSAS ASSOCIATION OF PRIVATE INVESTIGATORS
P.O. Box 2111
Overland Park, KS 66201-1111
KAPI: A Decade of Determination
[Prepared January 1, 2003]
On December 15, 2002, the Kansas Association of Private Investigators completed its first decade of service on behalf of
Kansas Private Detectives. In recognition of the occasion, it is fitting to examine the accomplishments and focus of the
association to gain the perspective necessary to envision the second decade. This introspection is more heart-felt than
usual due to the events of 2002 affecting its officers and members.
In July, Mickey Gitlin, a founding member, frequent officer, and very active supporter of the association died of natural
causes. The impact on the association was quite strong; he will be missed. KAPI is also being affected by the serious
illness of other KAPI officers and active members or their family members at various times throughout the year. In
addition, the KAPI Secretary was called to active duty with the US Army in support of Operation Noble Eagle part of the
Global War on Terrorism. The overall result was a serious drop in the available time devoted to KAPI by its active
officers and members. In such circumstances, determination, in both of its meanings, becomes decisive. To better
understand this, let us review a decade of KAPI action and its focus.
KAPI was founded on December 16, 1992 by the filing of incorporation papers with the State of Kansas by five Kansas
Private Detectives. The purpose of the organization, as stated in the ByLaws, was: "To establish and perpetuate high
ethical and professional standards and excellence of professional service in the private investigative industry in accordance
with the association's Code of Ethics." At the time of its formation, many private detectives around the state were reporting
what they perceived as arbitrary and unfair treatment by the state regulating agency. According to some sources, the
regulating agency was motivated, in part, by the belief that its actions were necessary to insure minimum professional
standards among the Private Detectives. Consequently, the dual motivation of the private detectives involved in forming
KAPI was to represent Kansas Private Detectives with the regulatory agency, and, simultaneously, to address the basic
premise behind their actions, the regulation of professional, ethical conduct. Initial contact with the regulating agency by
KAPI did not satisfactorily resolve the situation; a civil action was then filed against the regulating agency to enforce the
provisions of state law pertaining to its conduct. This civil action was resolved with a consent decree signed by KAPI and
then Attorney General Robert Stephan. This led to talks about the existing private detective statute and administrative
rules and regulations pertaining to private detectives. Over the next five years, both the Kansas Private Detective
Licensing Act and the administrative rules were amended. KAPI was strongly involved in these talks and subsequent
amendments.
At about the time that the Kansas Private Detective Licensing Act was in the final stages of amendment, KAPI was again
confronted with arbitrary action by a regulating agency leading to complaints from a number of private detectives. In this
instance, the regulating agency was the Kansas City, MO Board of Police Commissioners. Again, KAPI stepped to the
forefront on behalf of its members and other private detectives. Again, attempts to talk to the regulating agency produced
no result and a civil suit was filed. The necessity for filing this action was not clear to many Kansas Private Detectives,
and many began to describe KAPI as 'confrontational', 'anti-police', 'domineering', etc. Comments about dictatorial
KAPI officers frequently surfaced in conversations with private detectives throughout Kansas. It may be significant that
most of these comments came from people who were not directly affected by the arbitrary actions of either the Kansas or
Kansas City regulatory agencies. The validity of the KAPI position concerning the conduct of the Kansas City regulatory
agency was upheld in the Missouri State Supreme Court. KAPI had asserted that the Kansas City Board of Police
Commissioners acted outside of the existing state law and the court agreed. What KAPI had done was simply use the
courts to enforce the state law (Isn't that the exact duty of law enforcement agencies and officers?). Those who had
asserted that KAPI was 'confrontational' and 'anti-police' were proven wrong; all KAPI did was require a law
enforcement agency to follow the law. What better demonstration could there be that KAPI believed its statement of basic
purpose found in the ByLaws ("To establish and perpetuate high ethical and professional standards...")? In evaluating
KAPI and its actions, many had failed to see that its founders and strongest supporters simply determined the truth and
used that truth to obtain equitable, fair treatment (Isn't that what investigators are supposed to do?). The truth was that
both regulating agencies had legal obligations, and had failed to meet them. KAPI simply required them to meet their
legal obligations as detailed by the legislative bodies in each state and enforced in the courts of each state. Both of these
actions individually required 5-6 years of support by KAPI to reach completion. Such a long term approach takes a strong
commitment, another definition of determination. KAPI makes a determination of the truth, and then displays
determination to make the truth advance a professional purpose. The first ten years of the Kansas Association of Private
Investigators has been, overwhelming, 'A Decade of Determination". It is fair for KAPI to take pride in this; the
organization actually lives its purpose and Code of Ethics. What, then, can we forecast for the next decade?
To forecast the performance of KAPIU for the next decade, you must ask what are the strengths of KAPI?
- KAPI has an established reputation as an effective and credible representative of the Private Detectives in Kansas and
Kansas City before the legislative bodies, the regulating agencies and the courts.
- KAPI has a recognizable registered servicemark, the WheatStalker. It typically leaves most people smiling or gently
laughing. What a positive response!
- KAPI has an established Internet Web Site recognized for its educational value to the public and for its consistently
high number of Internet referrals for its members. It repeatedly outperforms other area Web Sites for investigators.
- KAPI has a vision for the future and the determination to see its vision through to completion.
What is that vision?
- KAPI will continue to monitor Kansas and national legislative and regulatory actions, providing representation for its members.
- KAPI will support the Missouri Association of Private Investigators, Inc. in its presentation and support of statewide
licensing for private investigators in Missouri.
- KAPI will continue to monitor the refund of the fees illegally collected by the Kansas City Board of Police
Commissioners, and solicit memberships and donations from the affected private detectives.
- KAPI will develop the WheatStalker Foundation to provide service to private detectives and the general public.
- KAPI will continue to develop and recommend private detective curriculums to community colleges and technical
schools to overcome the current lack of available courses in the state. In addition, KAPI will develop an on-line,
self-accreditation course for Kansas private detectives.
- KAPI will continue to work with all responsible organizations for the betterment of the profession and the community.
The old quote goes: "Know the truth and the truth shall set you free". The Kansas Association of Private Investigators says
to you, 'Determine the truth, and the truth shall determine the course of action. Follow the course of action with
determination, and the determination shall impart the truth of your profession.' A Decade of Determination shall be
followed by A Decade of Dedication.
The determined and the dedicated are welcome in the Kansas Association of Private Investigators!
A short historical record of the accomplishments of the Kansas Association of Private Investigators.
- 1992-1994.
- Arbitrary administrative rule and regulations by the Attorney General's Office were contested; civil action filed
[Stephenson et al vs Jack et al Shawnee County 93-CV-792]. After reviewing the complaint, Attorney General
Stephan agreed that some actions by his office were improper, and settled the civil action by consent decree. AG
Stephan then initiated contact with private detectives statewide to address the problems and amend the licensing
act.
- Worked with Kansas private detectives and the Attorney General's Office to amend the licensing act (Senate Bill
723). KAPI provided input to the legislature.
- Provided input to Attorney General on administrative rules and regulations for private detectives.
- 1995-1996.
- KAPI provided input on Senate Bills 78, 330, 341 and 795 both directly to the Attorney General in a series of
meetings and letters and directly to the legislature by letters and presentations.
- KAPI provided input to the Attorney General on proposed major revisions to the administrative rules and
regulations for private detectives.
- KAPI outlined the problem of several inappropriate private detective license suspensions to the Attorney
General's Office; the revocations were determined to be invalid. The insurance carriers involved had simply
failed to forward new insurance certificates.
- KAPI initiated the first group insurance proposal for private detectives in Kansas.
- KAPI held meetings in Emporia, Topeka, and Wichita and explored the possibility of establishing a chapter in Wichita.
- KAPI created the WheatStalker Servicemark, registered it for use in both Kansas and Missouri, and made it
available to members for use. It also registered as a foreign corporation in the State of Missouri to represent its
members there due to the undependableness of existing associations in that state at that time.
- 1997-1998.
- KAPI provided input to the legislature on Senate Bill 322 and House Bill 2267; both sought to amend the
licensing act. KAPI drafted House Bill 2487 to amend the private detective licensing act; it was introduced
specifically to break the deadlock with the Attorney General on certain issues. HB 2487 received a House
committee endorsement and was sent to the House floor. The Senate then passed SB 322 and forwarded it to the
House; This lead to a substitute SB 322 which incorporated sections of HB 2487. This compromise substitute
eventually passed as the result of conference committee work. KAPI had major input into this action. KAPI also
followed and/or provided input on: HB2647 (Locksmith Licensing); HB 2946 (Alarm Company Licensing); HB
2821 (Bail Bondsman Licensing); HB 2739 (Identity Theft); HB 2058 (Computer Crime); SB 551 (Records
Access by Civil Subpoena); HB 2010 (Driver Records Access); SB 488 (Driver Records Access) .
- KAPI made a second attempt to establish a state-wide group insurance policy.
- KAPI notified state private detectives of scams related to the security industry that were operating in Kansas
[The National Bodyguard Network and Intercontinental Security Forces].
- In late 1996, the Kansas City Board of Police Commissioners instituted a very large fee increase without
notification to the private security industry at large. KAPI stepped forward to represent the large number of its
members affected by this action. KAPI made presentations to the Kansas City Board of Police Commissioners
concerning the unannounced 1100% licensing fee increase. However, public appearances at the board were met
with only arrogant public statements by the officials involved and contacts through the board attorney for
negotiations produced a complete refusal to consider the impact of the fees or to even discuss the matter. KAPI
initiated administrative action to halt the implementation to allow better discussion. Administrative action with
the State of Missouri was declined by a state agency due to a last minute, emergency change in state law made by
the Missouri legislature affecting its authority to make the administrative review. When this administrative
approach failed, KAPI took the lead in initiating a successful class action civil suit against the Kansas City Board
of Police Commissioners [K.A.P.I. et al vs Mulvihill, et al filed in the Circuit Court of Cole County
CV198-203CC; transferred to federal Western District of Missouri 98-4056-CV-C-BA] to contest the illegal
imposition of very high fees and related issues.
- KAPI established its own Internet Web Site [www.kapi.org] which has a lot of private detective information and
links to many other state or national associations and government sites. An open bulletin board was established
on the web site, but was later discontinued due to its very limited use.
- KAPI assisted a non-member who sought private detective licensing and was initially denied a license. The
individual received assistance in preparing responses for administrative action and received KAPI representation
at an administrative hearing.
- KAPI assisted a former member who was experiencing harassment from local police officers while working as a
bail recovery agent; the individual was properly licensed as an armed private detective.
- KAPI provided input on a proposed change to the administrative rules and regulations for private detectives.
- KAPI sent a representative to a legislative briefing on the Kansas government Virtual Net.
- KAPI initiated contact with the Missouri Association of Private Investigators, Inc. to assist them in establishing
state-wide licensing.
- 1999-2000.
- KAPI provided input to the legislature on Senate Bill 584 and House Bill 2654 to amend the private detective
licensing act. KAPI also followed and/or provided input on the following bills: HB2614 and HB 2019 (Amend
the Eavesdropping and Breach of Privacy statutes); HB2623 (locked containers for firearms); HB3016 (firearm
safety locks); HB2725 (Prohibit use of polygraph tests in private sector); HB2905, SB483, and 2 others (method
of service of process); SB581 (exemption for window tinting); SB595 (amend stalking statute); SB468, HB2722,
HB2729, & HB2864 (amend the open records act - a substitute passed); HB2685 (amend the existing Kansas Fair
Credit Act); HB2596 (Created the crime of counterfeiting a trademark, logo, etc.); HB 2683 (Collection of 'racial
profiling' statistics); HB2805 ('theft detection shielding devices'); HB2019 (amend Eavesdropping and Breach of
Privacy statutes); HB 2435 (establish a state protected witness program); and SR 1603 (opposes requiring use of
the social security number on state-issued identification).
- KAPI continued contact with the Missouri Association of Private Investigators, Inc. to establish statewide
licensing of private investigators. Input was provided directly to the association and their legislative action was
supported.
- KAPI provided input on proposed changes to the administrative rules and regulations for private detectives.
- KAPI continued its successful civil action against the Kansas City Board of Police Commissioners into the
appellate court for Western Missouri and then into the State Supreme Court.
- KAPI successfully initiated a low cost insurance policy available to Kansas private detectives.
- KAPI examined a complete benefits package for its members including disability coverage, health insurance and
a retirement package. The package was too costly for a small group.
- KAPI examined the possibility of association advertising or listings in key publications and directories around
the state; the cost factor was too high for the association.
- KAPI examined the establishment of a member services structure with joint purchasing for discounts, insurance, etc.
- KAPI successfully listed its association Web Site on the Information Network of Kansas and added a referral
section to its existing Web Site.
- KAPI drafted a community college associates degree in private investigations and drafted a state-wide
accreditation program for private detectives.
- KAPI participated in a Law Enforcement Career Day at Cloud County Community College.
- KAPI provided limited assistance to a licensed private detective who experienced harassment from a local
deputy sheriff.
- KAPI contacted national organizations protecting our business at the federal level, and sent a representative to a
regional conference. That KAPI officer is now a member of the State Associations Advisory Board of the
National Association.
- KAPI attended an exploratory meeting to consolidate existing Kansas private detective organizations of various
structure, purpose and size into one organization. KAPI also assisted in formative meetings intended to resolve
differences and form a viable organization. During these meetings, however, it became clear that there was a
substantial 'anti-KAPI' focus. The stated goal of unity was not being applied equally to all organizations and the
necessary steps to form a valid association were not being taken. Appropriate questions were repeatedly left
unanswered or met with accusations of the questioners' motives. KAPI chose to withdraw as the group appeared
to be destined to fail, and was obviously hostile to KAPI officers.
- 2001-2002.
- KAPI monitored bills affecting private detectives in the Kansas legislature, Missouri legislature, and federal
legislature keeping our members advised. KAPI provided input to national and Missouri organizations to assist
in supporting appropriate bills affecting private detectives. KAPI provided specific input to the Kansas
Legislature on bills affecting Private Detectives.
- KAPI contacted Private Security officers licensed by the Kansas City Board of Police Commissioners notifying
them of the successful conclusion of the civil action in the Missouri Supreme Court. KAPI monitored and
assisted in setting up the refunds ordered by the court. By the end of 2001, over $300,000.00 had been refunded
to Kansas City area private security officers due to the efforts of KAPI. KAPI received legal fees and returned
over $47,000.00 to supporters who had made legal fund donations over a four year time period to support the
civil action. The refund is ongoing and may reach as much as $2,000,000.00; all of it is licensing fees illegally
collected by the Kansas City Board of Police Commissioners.
- KAPI proposed a curriculum for an associate's degree to a third Kansas City area community college. One
Kansas Community College rejected it and one Missouri community college accepted it for use when the
Missouri legislature passes state-wide licensing. This third college is considering it.
- KAPI explored joining the FBI's Kansas City Infragard Chapter to help provide members information on
computer and other infrastructure threats.
- KAPI supported the establishment of a Western Superconference for Private Investigators proposed by the
California Association of Licensed Investigators. A KAPI officer attended the event in Reno, NV.
- KAPI announced the establishment of the WheatStalker Foundation to assist private detectives and provide
selected services to the public.