KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* Free system as employee benefit / Permit fees and fines – TN / comment on audio June 15, 2019 ************************ WEBINAR NOTICE: Topic: New Dealer Program - Intruder Spray System - Providing Revenue Generating Security System For Alarm Dealers. Check out at www.CSIprotect.com When: June 19, 2019 12 PM to 1 PM New York time Hosted By: Ken Kirschenbaum, Esq. Presented by: Joe Maltese, VP Marketing and Sales (jmaltese@CSIprotect.com); Nigel Hart, Engineer and System Designer (nigel.hart@selectamark.co.uk); Henrik Olsen, CEO (holsen@CSIprotect.com) Who should attend: Alarm company owners and general managers Register here: https://attendee.gotowebinar.com/register/6354722410070442241
Additional information: The Intruder Spray System integrates with all security technologies and harnesses the power of forensic science to considerably reduce robbery, burglary and theft. The system provides dealers with welcome new revenue sources, including installation, maintenance, monitoring and upgrades. ******************** Free system as employee benefit ******************** Ken, We are planning to provide a free intrusion system to all our employees as a benefit. I plan to have them sign all the required agreements but is it OK to do a $0.0 dollar agreement or should I charge them a $1.00 per month for monitoring to have some sort of an exchange between the company and its employees? Thanks and look forward to your input Moe ******************** Response ******************** It’s not necessary to charge anything because the consideration is their employment with the company. If you want the equipment back or you want to stop providing the monitoring and service in the event the employment terminates, which I assume you will want to do, then you have to make that clear in the contract. I have had matters where ex-employees demand continued monitoring service because of the way the contract was written. ******************** Permit fees and fines - TN ********************** Ken With regards to the Uniform Construction Code in New Jersey the owner in fee is who is responsible for installation permit fees. If alarm companies who file permits pay close attention to the F100 Jacket they will notice that by signing the jacket they are acting as the owner’s agent. In effect the property owner always remains responsible for permit fees. Most if not all alarm companies quote prices expressly stating that permit fees are in addition to the quoted price and merely pass them through, smart. With regards to ITM there are a group of contractors who are pushing to require the contractor and not the owner be responsible for submitting reports to the AHJ. While it’s expected that deficiencies will be brought to the AHJ sooner it’s a double edge sword, those contractors would then be directly responsible and subject to penalties for failing to submit within the five day submission requirement. Maybe not as smart. John Drucker ************************ Ken I am thrilled to see this legislation in support of business and hope it may one day extend to my state and others. Putting the onus on the alarm company to collect what is effectively another tax to the consumer is a huge burden. We absolutely refuse to pay any levy for false alarms that we didn’t cause or operating permits until we’ve been paid by the alarm system owner, and this sometimes strains our relationship with the taxing authority. We also mark up these pass-through expenses on average 15%. I’d be curious what other companies are doing in this regard. Tom in Washington ************************* Ken AMAZING, just days ago someone was complaining about membership in his states alarm association. I would like to hear from him today; who does he think created and lobbied for this self- serving legislation? Kudos to the Tennessee State ESA. The other 49 states should follow their lead and do the same thing. Bart Didden ********************* comment on audio question from May 30, 2019 article ********************* Ken; I agree with your findings, but I base it on a different premise. In single-party consent states, the person making the recording must be a part of the conversation. Otherwise, it is tantamount to an illegal wire-tap. People go to jail for such violations. In two-party consent states, all persons that get recorded must give consent PRIOR to the recording. If you inadvertently record someone, you would be wise to pretend it never happened. Or, listen to it, and find a different way to corroborate what was said. It would NEVER be allowed as evidence in court. Lastly, and this pertains to the example given by Stephanie. Where the recording is being made is what counts. If it was on the street or in some other public place, there would be no reasonable expectation of privacy. But if the recording was made in a private room, or even say a public restaurant, but it appeared that no one was in ear-shot; that would be considered a private conversation. In the movie "the Prince of the City", based on the book by Robert Daley. The NYPD narcotics officers used to make illegal wire-taps. They knew that they could never use what was said as evidence, but instead, they would glean information about where a drug transaction of delivery would take place. Then they would burst in like super cops and state that they got an anonymous tip. This is precisely why county and state prosecutor's offices take these Fourth Amendment violations so seriously. As always, John from NJ ******************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
