Local private investigators push for state licensing

Brian Wilburn of KTI and Associates Inc. and Dwight McNiel of Midwest Intelligence Inc. want to bring some professionalism to the private investigation industry in Missouri. In other words, they'd like to see the Missouri General Assembly pass House Bill 1254 to require more than just a business license to become a private investigator.

Wilburn co-owns KTI with a partner in Kentucky and has 20 years of investigative experience, including work as a police officer in California. McNiel owns Midwest Intelligence and is a former Christian County sheriff. They are concerned about unqualified and unprofessional private investigators in Missouri who may or may not operate within the boundaries of the law.

Wilburn, McNiel and attorney Dick Davis of Whiteaker & Wilson established the Missouri Association of Private Investigators in early 1999, and Wilburn said there are approximately 20 to 25 private investigators in the Springfield area.

"One of our first objectives, after getting the Missouri Association of Private Investigators established, was to try to take some steps to license PIs in the state of Missouri," Wilburn said. As of the week of April 10, legislation "had passed through the House and the second reading in the Senate, and is now ready to be voted on in the Senate," he added.

"When we formed the association to start attempting to pass the legislation, our goal was to bring Missouri, which is one of seven states that doesn't currently license private investigators, into the next century," McNiel said.

"That's based on our knowledge that there are people out there working in our business who have no business doing that. We want to bring their skills and their training up to where they're not putting themselves or clients at risk, both physically and legally," he added.

Wilburn said because Missouri does not license private investigators, some investigators don't know the laws and don't have any training on how to interview witnesses, write reports, collect and preserve evidence, and perform surveillance.

McNiel said his firm and Wilburn's are licensed by the city of Springfield's Finance Department as private investigation businesses, which involves some tests and a background check by the Springfield Police Department.

"The same type of situation exists in Kansas City and St. Louis, but if you're working out here, for example, in Cabool, there are no requirements. You can just go down to the local print shop and print yourself a stack of business cards that say private investigator' on them," McNiel said.

Wilburn said the police background check does not always prevent those with criminal backgrounds from obtaining a private investigator business license.

"We know of instances where the police department has recommended the person not be licensed because of their background, and the city has gone ahead and licensed them. That was one of the things that really motivated us (to push for legislation)," Wilburn said.

Finance Department Licensing Supervisor Marsha Jackson said state law prevents the city from denying business licenses on background alone, and each application is handled on an individual basis.

"Simply because someone has information in their backgruond where they've been convicted of things periodically in their life doesn't mean the individual can automatically be denied a license," Jackson said. "It depends on how long ago the incidents occurred and whether the indivudial served the appropriate sentence. Once the background check is done on the individual and the police department gives its recommendation, we review the case in light of the state licensing statute and make the decision from there."

Wilburn said the legislation will also help disprove the Hollywood stereotype that private investigators are shady characters in trenchcoats creeping around in the shadows. He said KTI and Associates and Midwest Intelligence have worked cases involving workers' compensation claims, performed investigations for public defenders' offices involving death penalty cases and have also done work for the Missouri attorney general's office.

"A lot is riding on cases like these ... people have the right to know when they hire a PI if that PI has the job skills and training necessary to do a good job," he said.

If passed, the Missouri Private Investigators Licensing Act will require licensing of all private investigators; that investigators be at least 21 years old; that investigators complete a course of training and apply for licensing to a board of examiners and meet other qualifications required by the board, such as a written examination about the private investigation business; pass a background check; and show proof of insurance coverage for at least $1 million for liability and workers' compensation.