By Laws

The following are the By Laws of the North Carolina Polygraph Association. This document is also available via PDF download for convenience.

 

Article 1 – Name

The name of the organization shall be the North Carolina Polygraph Associations.

 

Article II – Objectives and Purpose

1. To establish, maintain, and encourage the professional qualifications and ethical standards for polygraph examiners.
2. To provide polygraph examiners an opportunity to exchange information relative to the polygraph profession and to encourage such exchanges among polygraph examiners.
3. To encourage and support research, education, and training to promote a better understanding of the polygraph and its use.
4. To promote the advancement and improvement of the polygraph profession with in the State of North Carolina.
5. To regulate the conduct of its members by encouraging the utilization of recognized and accepted standards of procedures and techniques to promote total professionalism.

 

Article III – Membership Qualifications and Voting Rights

1. There are five (5) classes of membership: Member, Affiliate, Honarary, Life and Corporate.
   1. MEMBER
      To qualify for full privileges and standing as a MEMBER, the applicant must meet the following requirements:
      1. must be a citizen of the United States
      2. must be at least twenty-one (21) years of age
      3. must possess at a minimum, a high school diploma or GED
      4. must have completed a course of formal instruction in a school approved by the American Polygraph Association or the Private Protective Services Board
      5. must be a licensed polygraph examiner in the State of North Carolina or a police polygraph examiner in the State of North Carolina
      6. must not have been convicted of a felony or a misdemeanor involving moral turpitude
      7. must have his/her application accepted and approved by the Executive Board, along with the submission of first year’s dues. The decision of the Executive Board regarding membership shall be accepted by the applicant and the membership as final.
      8. anyone rejected for membership can not reapply for membership for a minimum of one (1) year.
      9. a member shall abide by all decisions and recommendations officially adopted by the NCPA at any regular scheduled meeting.
      10. a member shall not inquire into the sexual conduct of a person to whom a polygraph examination is being proposed or administered unless pertinent to the alleged crime specifically at issue in the examination.
      11. A member shall not include in an examination questions intended to inquire into or develop information on activities or affiliations of Union activity, or beliefs on religion, politics or race; except where there is specific relevancy to an investigation.
      12. to protect the privacy of each examinee, no member shall release information obtained during a polygraph examination to any unauthorized person. Authorized person shall consist of the following:
          1. the examinee and persons specifically designated in writing by the examinee (or)
          2. the person, firm, corporation, governmental agency which required the examination
          3. the membership or grievance committee of the NCPA (or)
          4. other polygraph examiners in private consultation (or)
          5. other as may be required by due process of law pursuant to the provisions of the Employee Polygraph Protection Act of 1988.
      13. member shall not publish nor cause to be published any false or misleading advertisements relating to the polygraph profession.
      14. A member shall not offer testimony concerning the charts or conclusions presented by another member unless he/she is thoroughly familiar with the techniques and procedures used by the other member. This paragraph shall not prohibit a member from testifying concerning his/her independent examination of the same examinee.
      15. A member shall not knowingly issue or permit his/her employees to issue a polygraph examination report, which is misleading, biased, or falsified in any way. Each report shall be factual, impartial, and an objective account of the pertinent information. The examiner’s professional conclusion shall be based on the analysis of the polygraph charts.
      16. A member shall be guilty of gross negligence if it be proven that he/she expressed verbally or in writing a test conclusion based solely upon subjective opinion of personal assumption.
      17. An active member must attend a minimum of one meeting between January 1 and December 31 of a calendar year. Failure to attend one meeting results in loss of his/her right to vote. To regain the right to vote, the member must attend one meeting and is eligible to vote at the next regular meeting.
      18. A member must accumulate a minimum of six (6) hours of continuing education during each calendar year to remain in the status of ACTIVE MEMBER.
      19. A member shall not aid or abet a person in violation of provision “a through r” nor willingly become an accessory to such a violation before or after the fact.
   2. AFFILIATE
      Persons who possess a sincere interest in the polygraph field shall be eligible for this class of membership in the NCPA. Applications may include representative of polygraph instrument manufacturers, personal involved in research of polygraph instrumentation and other persons determined by the Member Committee as having a valid or professional interest in the polygraph field.
   3. HONORARY
      These are individuals who have made significant and outstanding contributions to the polygraph profession. Any person nominated for this membership must be approved by a majority vote of the Executive Board, and approved by majority vote of the membership of the NCPA. Any member in good standing in the NCPA may suggest a nominee for Honorary membership.
      1. Honorary members shall have no voting rights in matters before the NCPA, nor are they eligible for office in the NCPA.
      2. Honorary members shall be eligible to attend all activities of the NCPA, but shall not represent themselves as being other than Honorary members.
      3. Honorary members shall be exempt from all dues and assessments of the membership.
   4. LIFE
      This class of membership is for members of the NCPA who made significant and outstanding contributions to the NCPA and to the polygraph profession. Any member nominated by the Executive Board and approved by the majority of the membership shall be eligible for this membership status.
      1. A Life member shall be exempt from all dues, fees and assessments, but shall be entitled to vote in all matters before the NCPA.
      2. A Life member shall not be eligible for office in the NCPA.
   5. CORPORATE
      Those corporations, associations, and organizations who wish to support the NCPA in its programs and efforts to defend the polygraph profession and its detractors shall be eligible for this membership status.

 

Article IV – Officers of the NCPA

1. The elected officers of the association shall be:
   1. President
   2. Vice President
   3. Secretary
   4. Treasurer
2. Elections and Tenure of the Officers:
   1. Elections of the officers shall take place every two years at the fourth quarterly meeting of the second year. All officers shall be chosen by the majority of the membership present at the meeting.
   2. Officers shall serve a term of two years from January 1 of the first year through December 31 of the second year.
3. Duties of the officers
   1. President
      The President shall be he executive officer of the Association. He shall preside at all regular meetings and special meetings, shall appoint any and all committees not otherwise provided for, enforce the Constitution and By-Laws, be a member ex officio of all committees, and perform such duties as customarily pertain to the office of President.
   2. Vice President
      The Vice President shall aid and assist the President, and in the absence of the President, shall pro tempore assume and perform the duties of the President.
   3. Secretary
      The Secretary shall keep a record of the proceedings of the Association meeting, maintain a correct record of the total membership, issue notice of meeting and agenda, and conduct the correspondence of the association. Meeting minutes shall be kept by the Secretary but need be published to the membership. The membership shall be informed of the meeting highlights via the Association Newsletter in accordance with Article IX of these By-Laws.
   4. Treasurer
      The Treasurer shall collect all dues, fees and assessments, present in writing and read to the membership a financial report at each meeting of the membership, pay bills of the Association upon presentation of proper voucher, and be custodian of all funds of the Association.
   5. All elections of officers shall be by secret ballot.
4. Any office vacancy shall be filled for the unexpired term by appointment by the President. If the President becomes vacant, it shall be filled by the Vice President.
5. The Executive Board shall consist of the immediate past President, current President, Vice President, Secretary, Treasurer, and two At-Large members. The immediate past President shall serve as Chairman. The two At-Large Members shall be equally divided between law enforcement and private examiners elected from the membership and shall serve staggering terms of two years each, thus requiring the election of one each year.
   1. The immediate past President shall exercise his/her right to vote only in the case of a tie.
   2. The Executive Board will normally meet annually, just prior to the annual Continuing Education Seminar, to conduct the business of the Board. Special Executive Board meetings may be called for by any Board Member.
6. Committees
   The President shall appoint special committees as needed to assist the Executive Board in conducting the Association’s business. Examples of such special committees are:
   1. Membership Committee
      This committee shall review and pass on to the President and the membership, after a thorough character and background investigation, all applicants for membership. All applicants for membership must have completed all aspects of consideration before being submitted to the membership for final consideration.
   2. Grievance Committee
      This committee shall investigate grievance for complaints of any type presented in writing to the committee and to report the results of the investigations to the President who will turn report to the membership.
   3. Judiciary Committee
      This committee shall collect information on all pro and anti polygraph legislation on both state and federal levels, collect information on past, current, and pending court decisions and the uses and admissibility of the polygraph in court.
   4. Audit Committee
      The President may appoint annually an Auditing Committee consisting of three (3) members who do not hold office in the NCPA, for the purpose of auditing the bookkeeping records of the Treasurer. It shall be made known to the Executive Board any discrepancies found in the auditing processing.
   5. Seminar Committee
      At the third quarterly meeting, the President may appoint an annual seminar committee. This committee may be charged with all matters concerning the next annual seminar, including the exact dates, meeting rooms and general seminar programs. The location of the annual seminar will be decided by majority vote of the membership present at the third quarterly meeting.
7. Meeting Coordinator
   For each NCPA meeting, the President may appoint a representative of the hosting agency as the “meeting coordinator.” The meeting coordinator shall be charged with making the local arrangements for the meeting, including scheduling of dates, meeting rooms, refreshment, visual aids, etc.

 

Article V – Meetings

1. Meetings will be scheduled for the membership on a quarterly basis.
2. The annual seminar will usually be held during the first quarterly meeting each year. (March)
3. Special meetings for the membership may be called by the President or upon written demand of ten (10) members when needed.
4. In any meeting of the membership, a quorum shall consist of not less than thirty percent of the membership in good standing.

 

Article VI – Dues, Fees, and Assessments

1. The fiscal period of the Association shall be from January 1st to December 31st.
2. Dues for the Association for each fiscal year shall be designated by the Executive Board. The amount of dues will be dependant upon the state of the Association’s anticipated expenses for the upcoming year. Any changes in annual dues must be announced at the first quarterly meeting and is binding upon membership, only after a two-thirds approval by a quorum present at that meeting.
3. All assessments to the membership shall be binding only after a two-thirds approval by a quorum at a membership meeting.
4. Funds are to be disbursed only upon the signature of the President or the Treasurer.

 

Article VII – Amendments

1. The Constitution and By-Laws may be amended at a scheduled meeting of the membership by a favorable vote of three quarters majority of the members present and voting. Amendments to be voted on shall have been sent to every member of the Association at least thirty (30) days prior to being voted on and/or have been presented for the consideration at a prior meeting.
2. Amendments may be proposed by any member of the Executive Board and shall be submitted to the membership either on order of the Executive Board or on a petition signed by any ten (10) members in good standing in the Association.
3. Amendments shall take effect immediately when approved, unless otherwise stated in the amendment.

 

Article VIII – Use of Association Name, Seal, Etc.

1. The name of the North Carolina Polygraph Association and the use or reproduction of its seal shall be limited to the letterheads of members in good standing only. Any other use must be approved by a majority vote of the Executive Board.
2. Any member in good standing may indicate on letterhead in autobiographies, biographies, or in any oral pronouncement that he/she holds membership in the North Carolina Polygraph Association.

 

Article IX – Newsletter

1. The Association will publish a newsletter and mail it to each member in good standing. The newsletter will be published after each meeting and will contain highlights of all business discussed at the meeting plus any other pertinent information to the Association and its members as well as to the date, time and place of the next meeting.
2. Editor
   The Editor shall be nominated by the newly elected President and approved by the majority of the Executive Board. The Editor shall be responsible for the preparation and distribution of a newsletter and any other publications as the President may direct.

 

Article X – Attorney

The President of the Association may appoint an Attorney to represent the Association with the approval of the Executive Board. The attorney’s duties will include advising, preparing and rendering legal opinions on all legal matters pertaining to the Association and representing the Association as requested by the President.

 

Article XI – Parliamentary Guidelines

Roberts Rules of Order (Revised) shall provide parliamentary guidelines for the conducting of Association meetings. Robert’s Rules shall be used by the Association as a guideline as deemed appropriate by the Executive Board, and/or as clarified by the Association’s By-Laws.