In this issue:
- Association News
New Hampshire Rejoins NBFAA as Chartered State Association
NBFAA Contracts with Veteran Washington Lobbyist
Security Networking Class Scheduled for January 25-26 in Baltimore
NBFAA Issues Request for Tsunami Aid - and a Challenge
The New Hampshire Alarm Association (NHAA) has voted to reunite with NBFAA as a Chartered State Association (CSA) after three years.
The news of New Hampshire's decision could be the first of many, as NBFAA Executive Director Merlin Guilbeau is currently speaking with several other state associations that have expressed an interest in becoming CSAs.
"The Chartered State Associations are very important to NBFAA because they bring to the table a real grass-roots effort, which is a unique advantage to fighting issues that affect our members on a national level," Guilbeau said. "CSAs are also a valuable vehicle to deliver professional development opportunities from our National Training School to our members."
Guilbeau said one of the reasons that states have been eager to become CSAs lately may be because they see the positive turn-around in the financial, operational, and strategic management of the association. In the most recent quarter, the NBFAA did not operate under a deficit for the first time since 1999, and Guilbeau has submitted a balanced budget for 2005 - another first for NBFAA in many years.
"Because 2004 was a very positive year for NBFAA, we believe that
the momentum will mean an even better 2005 for our members," Guilbeau
said. "We will continue to provide the high level of services that
our members expect and have stepped up the delivery of new professional
development opportunities and a more proactive, concerted Government Affairs
approach."
NBFAA members can expect a ramped-up effort from the association's Government Affairs division, thanks to a partnership with veteran lobbyist John Chwat, President of Chwat & Company, Inc., Alexandria, Va.
Chwat begins his 34th year in government affairs experience in Washington and has served both Democrats and Republicans, including Chief of Staff to the late Rep. John Breckinridge (D-Ky.) and Rep. Bill Boner (D-Tenn.), Legislative Assistant to the late Rep. Seymour Halpern (R-N.Y.). He also has extensive experience in state and federal government affairs issues representing the security industry through his work with the Associated Locksmiths of America (12 years) and the Security Industry Association (six years).
"John's experience on Capitol Hill, combined with his security industry knowledge, brings to NBFAA an increased combination of influence, vision and strategic planning in influencing state legislatures and the U.S. Congress that is difficult to match anywhere," said NBFAA Executive Director Merlin Guilbeau. "With John and his lobbying and research staff joining the NBFAA team, our members can rest assured that they have a formidable presence keeping watch and representing their interests in our nation's capitol and on the state level".
"The ability to contract with Chwat, who has a long and successful record as a Washington lobbyist and a long record of service to trade and professional association and corporate clients, will also be more cost-effective than staffing the Government Affairs department internally." Guilbeau explained. "This is a plus for any non-profit association." Chwat has been active in many national organizations including the American Society of Association Executives and the U.S.
In representing NBFAA, Chwat will review, report, monitor and recommend strategies to influence state and federal legislation that impacts NBFAA and its members; recommend proactive approaches for NBFAA to take in these areas; communicate with NBFAA and its members about these activities; and develop access to key Congressional leaders and their staff. Chwat will also monitor activity that could affect NBFAA members in all 50 state legislatures and provide written materials and assistance to NBFAA members and state chapters.
"I'm looking forward to representing NBFAA in Washington and creating legislation in the 109th Congress," Chwat said. "We will have a very active year in Washington and throughout the country in pursuing a positive legislative agenda for the members in coordination with the leadership of NBFAA."
Chwat has earned a reputation as a legislative expert among his colleagues, delivering lectures on the legislative process throughout the country. He has also taught courses on lobbying at George Mason University, Trinity College, Northern Virginia Community College and the Washington Center. He holds a bachelor's degree in political science from Long Island University, a master's degree in American government from Georgetown University, and a juris doctor degree from American University's Washington College of Law.
For information on NBFAA's Government Affairs, contact John Chwat, at
Chwat & Company, Inc., 625 Slaters Lane, Suite 103, Alexandria, VA
22314. He may be reached by phone at (703) 684-7703. or by e-mail at john.chwat@chwatco.com.
Security Networking Class Scheduled for January 25-26 in Baltimore
Are you in the Baltimore area, and interested in a complete and practical training course in all aspects of network security devices that's been receiving rave reviews from students who already took the class? Then the Security Networking Institute is for you!
Presented by NBFAA's National Training School, the Security Networking Institute offers students the experience of using live, networked devices, connections, cables and other accessories. Students will gain complete and practical training in all aspects of network security devices including network cameras, access control, video servers, fiber optic networking and Wi-Fi communications.
The class is scheduled for January 25-26 in Baltimore. Seating is limited
so register today at 866-636-1687 or visit our website at www.alarm.org.
Not around the Baltimore area? Keep reading Member Update for upcoming
locations and dates.
We are all saddened and horrified by the impact the recent tsunami has had on the hundreds of thousands of people in Southeast Asia.
As announced by President Bush, former Presidents Bush and Clinton have been asked to lead a nationwide effort to help those affected by the tsunami disaster. If you are looking for a way to help, we encourage you to support the co-presidents' fundraising effort by visiting the USA Freedom Corps Web site at http://www.usafreedomcorps.gov and donating to one of the many worthy charities listed.
These charities are helping to get food, water and other assistance to the tsunami victims. Our donations will play an important role in supporting the rebuilding efforts abroad just as we helped in our own backyard this year after the wildfires in California, tornadoes in the Midwest and Florida hurricanes devastated those areas. Any and all help is appreciated.
Please share with us your efforts by sending an e-mail to webmaster@alarm.org - we would like to acknowledge all generous acts in the hopes of encouraging others to do what they can as well.
Both NBFAA President Scot Colby and NBFAA Executive Director Merlin Guilbeau personally donated $100 to assist the victims. In the spirit of friendly competition, they would like to challenge every one of our members - as well as the industry as a whole - to give whatever you can.
Whether you are able to make a personal contribution or start an employee-matching program, please visit http://www.usafreedomcorps.gov to see what you can do to help the tsunami victims.
Thank you in advance for your efforts and please be sure to share your
efforts with us.
Honeywell Sends $1 Million to Aid Tsunami
Victims
Honeywell, the parent company of NBFAA Associate Member Honeywell Security, will provide $1 million to help relief efforts for areas devastated by the recent earthquake and tsunamis in Asia. Through its Honeywell Hometown Solutions initiative, Honeywell will target programs to rebuild destroyed communities and provide necessities for those most affected by the disaster.
The death toll from the Dec. 26 earthquake-spawned tsunamis has risen to more than 150,000 and the United Nations says 5 million people have been left homeless and at least 1.8 million people need food aid.
"A tragedy of this scale requires corporate leadership on a global basis," said Dave Cote, Honeywell Chairman and Chief Executive Officer. "Honeywell will work with local organizations to leverage our expertise in housing and shelter to help rebuild communities in South Asia. Many of our employees have already undertaken projects to support this rebuilding effort and we are helping to facilitate voluntary payroll deductions."
A Honeywell team of employee volunteers from Bangalore, India, is supporting
a 90-day construction effort to rebuild 50 houses in one of the most
severely affected villages. Separately, each of Honeywell's 1,500 employees
in Pune, India, has agreed to donate a day's salary in relief efforts.
Teams of employees have also delivered clothes, utensils and other basic
amenities to the affected village of Kulachol, India.
In a technical bulletin distributed to contractors, NBFAA Associate Member NAPCO Security Systems said it has upgraded its software to allow easy use of its control panels through voice over Internet protocol (VoIP) phone lines. The latest version of NAPCO PCD-Windows Quickloader (4.4 or greater) is designed to optimize to use of VoIP through the NAPCO Gemini series of control panels.
NAPCO said that even without the upgrade, the Gemini panels can properly report signals to the central station through VoIP. The company said the panel must be configured to report to the central station using the contact ID reporting format.
The increasing use of VoIP among residential customers is raising compatibility concerns among alarm companies, monitoring centers and manufacturers. NBFAA has addressed issues related to VoIP, and is working to ensure that its members are aware of these issues. A sample letter to customers regarding VoIP is available on the NBFAA website at www.alarm.org in the 'Information Center'.
While NAPCO said it hasn't tested its panels with all U.S. broadband
providers, it has conducted testing in its lab and in the field that confirms
its panels' compatibility. However, NAPCO still warns contractors test
panels on VoIP lines to be sure they are communicating with the central
station. The manufacturer also recommends a back-up method of communication
and to be sure the plain old telephone system (POTS) lines have been disconnected
from the telephone wiring after the customer converts to VoIP.
In addition to paying annual dues, NBFAA Associate Members support the association in many ways, including advertising dollars and sponsorships.
So, each time you make a purchasing decision, consider doing business
with one of our many fine Associate Members. When you buy goods or services
from an Associate Member, you can be assured that you're also supporting
NBFAA.
Question:
I signed a non-compete agreement disallowing me to work in the security
industry for one year if terminated or resigning my position. I'm
now sorry I signed it, as the company has changed corporate structure
dramatically and I don't like the changes. Are these agreements common
in the industry and more importantly, are they iron-clad? I've been
in sales in the security industry for 17 years and I'm pretty sure
I can't make the kind of money I do now (and must have) in an unrelated
industry.
Answer:
Non-compete provisions are enforceable, but only to the extent that
the provision is reasonable and necessary for the protection of the
employer. If the restriction is designed to trap the employee, would
make it difficult for the employee to work in the only field he knows,
or if the employer doesn't really benefit by the provision, then the
provision will not be enforced. The non-compete provision will only
be enforced for a limited time and a limited territory.
There are many elements to the issue that this question has not addressed, so that a more specific answer is not possible. If an alarm salesman has worked in the industry, in a particular territory, for many years, has developed a following, is fully trained, gained little new information or expertise on his new job, then it is unlikely that a non-compete can be enforced, especially if it is overly broad. A New York City alarm company cannot restrict a salesman from working in the U.S., or even in all of New York state.
The burden of proving that the restriction is reasonable and necessary will usually be on the employer. The restrictive non-compete is useful for the employer because most employees will feel bound by the provision and will be afraid to breach it. Also, prospective employers may be reluctant to hire the employee knowing about the non-compete because it could subject the new employer to suit as well.
My standard employment contract does contain a non-compete provision.
Ken Kirschenbaum, Esq
Kirschenbaum & Kirschenbaum PC
Ken@KirschenbaumEsq.com
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