Missouri Polygraph Association By-Laws


January 11th, 2005


Article I

Name

The name of this association shall be: the "Missouri Polygraph Association," and may only be changed by three-quarters majority vote of the entire recorded full membership at an open and stated meeting.



Article II

Purpose

Reserved


Article III

Definitions

Reserved


Article IV

Code of Ethics

  1. Violations of the association code of ethics may only be submitted in writing and forwarded to the association president.
    1. Upon receipt, the president will assign an investigative committee of not less than 2 current members, of which the senior member must be an association officer or member of the board of directors. The committee will review and investigate the allegations within the confines of available resources.
    2. The committee will present a written report regarding the findings of their investigation to the president within 3 months.
    3. The results of the committee findings will be made public by the president only at the next open and stated meeting.
      Results
      1. Unfounded: If the results of the investigative committee determines the allegations to be unfounded, the results will be presented with no further action taken by the association.
      2. Substantiated: If the results of the investigative committee determines the allegations to be founded, this information will be presented by the president to the membership in an open and stated meeting. The defendant of the accusations may then present a defense. An open discussion of findings and potential disciplinary actions will then take place by the membership. A motion will then be made by the president regarding the proposed and discussed disciplinary options then voted upon by all present members at the meeting. The motion will pass with 2/3rd majority and the results will be effective immediately.
      3. Unsubstantiated: If an investigation is incomplete, for any reason outside the control of the committee, the defendant, or other circumstance not correctable within the 3 month investigative period, the allegations will be presented at the next open and stated meeting. At that time, the defendant may present a defense to the allegations, if so desired. The floor will be opened for discussion and motions made in consideration of association discipline. At that time, a motion will be made by the president and vote made by present members and the motion will pass by majority, with the results effective immediately.
  2. No member may be accused, investigated or considered for the same incident or allegation more than once.
  3. The results of any substantiated investigation will be reviewed by the board of directors for consideration of notification to any national association the defendant belongs to, for their consideration.

Article V

Membership, Officers and Board of Directors

  1. Membership:
    1. Membership in this association is only considered after submission of a written application to the secretary, consideration by membership, motion, vote and passage, as indicated.
    2. Members:
      1. Full Members:
        1. Eligibility for Full Membership is restricted to Polygraph Examiners, who have attended and successfully graduated from an accredited school and completed an internship, as outlined by their respective training; completed at least sixteen hours of continuing education in any area of formal education associated with the participation and conduct of polygraph examinations, if not a graduate of an accredited polygraph school in the thirty six months preceding their application for membership; and completed a minimum of fifty polygraph examinations.
        2. The association secretary will notify the membership, in writing, of the application and date of membership consideration, present the membership application at the next open and stated meeting for consideration. Upon presentation, attending membership will vote on the application and will be considered passed with a 2/3rds majority.
      2. Associate Members:
        1. Eligibility for Associate Membership is open to any supporter of the polygraph profession. Applicants must apply for Associate Membership and are subjected to the same requirements and privileges as Full Members; however, do not have or carry any vote in any association business. Note: Polygraph Examiners who do not meet the qualifications for Full Membership may apply for this category until all qualifications for Full Membership are met. In this case, upgrading membership may be completed by written petition to the secretary. A re-application fee is not required and the petition for upgrading will be processed in accordance with the procedures outlined in Section V, paragraph A.2.a.ii., above.
        2. The association secretary will present the associate member application at the next open and stated meeting for consideration. Upon presentation, attending membership will vote on the application and will be considered passed with a 2/3rds majority.
      3. Honorary Members:
        1. Eligibility for Honorary Membership is open to anyone who has, by virtue of conduct, years of service, support of the profession and association, research and foundation demonstrated ideal professionalism in the advancement of the polygraph profession.
        2. Application for Honorary Membership must be submitted in writing and supported by 3 Full Members. Upon receipt of the application, the association president will assign a temporary membership committee, not consisting of the original submitting members, for investigation. One of the committee members must be an association officer. The committee will investigate the application through all available means and submit a written report within 3 months to the association president. The association president will present the investigative report to the next open and stated meeting for consideration. Upon presentation, attending membership will vote on the application and report and will be considered passed with a unanimous vote.
      4. Retired Members:
        1. Eligibility for Retired Membership is restricted to Full (Formerly referred to Active Members) Members who have a minimum of five years membership in this association and by virtue of their application for such status certify they no longer conduct any polygraph testing.
        2. If any Full Member ceases their participation in the polygraph profession and desires to modify their membership, they will notify the association secretary in writing and request this change in status. The association secretary will then modify the member's status in the records of the association, to be effective the first day of the month following the requested modification. Dues paid for that year will not be reimbursed.
        3. If a Retired Member re-activates their profession as a polygraph examiner, they will notify the association secretary within one month and request re-activation as a Full Member. In this case, the Retired Member re-activating their Full Membership status must pay appropriate membership fees for that calendar year and will be prohibited from requesting Retired Membership status for 1 calendar year from the date of reactivation to Full Member status. For this purpose, any part of a month is a full month and will be assessed as such.
        4. This is a voluntary modification of membership status and is not required or mandated by any act of this association.
        5. No vote by membership is required for either change in membership status.
        6. Any Retired Member who conducts polygraph testing as a retired member of this association is guilty of an ethics violation and will be sanctioned as the Constitution and By-Laws of this association prescribe.
      5. Lifetime Members:
        1. Life membership is granted to those Active or Retired members of the MPA who, because of exemplary support of the MPA, are nominated and approved by a majority vote of the membership at a Business Meeting.
        2. Life members will not be required to pay annual dues.
        3. Life members have the right of voice, vote and eligibility for election to any office.
        4. No more than one Life membership will be awarded annually.
        5. Life members may only hold the office of President, or Vice President if the qualification for Active Membership is met. Life members shall have the right to hold the other elected offices of the MPA.
    3. Membership Revocation:
      1. The membership in this association may be revoked or suspended for any of the following reasons:
        • Substantiated violations of the association Code of Conduct.
        • Conviction of any felony.
        • Notification from a National Association that a member has been removed from their rolls due to criminal or unethical practices.
        • Failure to pay dues or fees.
        • Any misdeed, misconduct or unethical practice as outlined or identified in the association constitution or this document.
      2. Any findings of disciplinary action resulting in the revokation of membership will be forwarded to national associations for their consideration and information.
  2. Officers:
    1. President: The President is the chief executive officer of the MPA and is responsible for the supervision, business and administration of all association affairs and in the enforcing of the association Constitution and By-Laws. The President shall preside over all meetings, function and has the authority to appoint any other association officer to act in that capacity in case of absence. The President may assign committee chairs, committee members and may call special meetings as needed to accomplish the business of the association. The President is solely responsible in appointing replacements of other association officers in case of temporary absences, when required, or in case of permanent absences, until an election is held in accordance with the election rules of this association.
    2. Vice-President: The Vice President will assume all duties and responsibilities of the President in case of absence. The Vice President shall perform all other duties as provided for by the Constitution and By-Laws of this association and such duties as directed by the President.
    3. Secretary: The Secretary is responsible for all correspondence related to the operations and maintenance of the association. The secretary is responsible to ensure a record of all meetings is recorded, published and maintained in writing as historical documents of the association. The secretary is responsible for collection and maintenance of membership information, recruitment information and correspondence related to members. The secretary is required to maintain a membership list of current and past members with a minimum of name, address, contact method (e-mail or telephone#) and class of membership. The secretary will disseminate a record of meetings to all full members within 45 days of said meeting. The secretary will read the minutes of the last stated meetings at all stated, quarterly meetings, unless waived or at the direction of the President. The Secretary will keep a record to ensure all officers of the association completed their full prescribed term and elections are notified to the full membership at least 3 months prior to said election. The secretary will perform all other duties as required by the president, Constitution or By-Laws.
    4. Treasurer: The Treasurer will receive and distribute association funds as required and necessary for the operations of the association. The Treasurer will maintain a written log and record of all financial transactions of the association and will have them available for review by any member, upon reasonable request. The Treasurer will receive and pay bills as required for the day to day and normal operations of the association or as directed by the membership. No expense, reimbursement, claim or cost may be paid by the association, (with exception of day to day operational expenses), without the approval of the membership through a vote at any special or stated meeting and will be considered passed with a simple majority of members present.
      1. Officers of this association may financially obligate the association for not to exceed $100.00 (one-hundred dollars) for purposes of short notice issues or emergencies, in support of association interests. Any obligation will be presented at the next stated meeting and presented by the officer with an explanation and receipt for the expenditure. The reimbursement or expense will then be voted on by the present membership and considered passed and an appropriate expenditure by simple majority. Reimbursement for the expense will then be made. If failed, no reimbursement may be made.
      2. Funds of the association will be maintained in a Not for Profit (type) checking account. The Treasurer will prepare and present a written record of all financial transactions and activities of the association in the form of a "Treasurer's Report" at all stated quarterly meetings. This report will detail all primary categories of financial activity of the association during the preceding period and since the last report. This report will be provided to the Secretary and filed in the records of the association. The Treasurer will perform all other duties as required by the President, Constitution or By-Laws.
      3. Additional financial activities of the association will be retained and reported separately from general association funds; however, those funds may be collocated with general association funds for convenience.
    5. Only Full Members may hold an office within this association.
    6. Officer Elections: An officer of this association is only elected to their respective position after having been duly submitted for consideration, motioned and seconded, voted upon and be considered pass and elected if by a simple majority of members present.
  3. Board of Directors:
    The association Board of Directors will consist of the immediate past president, who shall be known as the Chairman of the Board, and all current officers of the association. The purpose of the Board of Directors is to act solely as advisors to the current President in any capacity deemed necessary. No member(s) of the Board of Directors may act in any manner contrary to the Constitution or By-Laws of this association.

Article VI

Constitution

  1. Any change or amendment to the Constitution having been submitted for consideration at a stated or special meeting, properly seconded, discussed, and recorded by the association secretary shall be considered passed and approved if done so by a three-fourths majority.
  2. Any change or amendment to the Constitution approved in due process becomes effective immediately unless otherwise provided for in the change or amendment and shall be provided in writing, to all members by the secretary within 45 days.

Article VII

Constitutional By-Laws

  1. Any change or amendment to the Constitutional By-Laws having been submitted for consideration at a stated or special meeting, properly seconded, discussed, and recorded by the association secretary shall be considered passed and approved if done so by a three-fourths majority.
  2. Any change or amendment to the Constitutional By-Laws approved in due process becomes effective immediately unless otherwise provided for in the change or amendment and shall be provided in writing, to all members by the secretary within 45 days.

Article VIII

General Article

  1. Meetings:
    1. Meetings are intended to be open to all interested parties and membership and will be conducted, as such. The president will direct and control the schedule/agenda for all meetings.
    2. Quorum is established at any stated or special meeting when the president (or designate), secretary (or designate) and four additional members are physically present.
  2. Elections:
    Reserved
  3. Voting:
    Reserved
  4. Modifications or Changes to the Association Constitution and Constitutional By-Laws:
    Reserved
  5. Dues/Fees:
    1. Membership: $20.00 (annually)
    2. Application Fee: $10.00 (one-time only)
    3. Other fees, as necessary, may be established in order to ensure the continuity of the supported activity. These fees are subject to approval of the membership at any stated meeting.
    4. General failure to meet financial obligations to the association in a reasonable time, is grounds for revocation or suspension of membership. Specifically, membership dues are to be paid by March 31st of the year due. Membership dues are considered delinquent and unpaid effective the first day of April of the year for which they were owed.
  6. Committees:
    1. Committees routinely appointed by the president may include, but are not limited to: Membership, Disciplinary, Investigative, Education, Seminar, Exploratory, etc.
    2. All committees of this association shall be appointed and operated at the direction and pleasure of the association president or in accordance with the direction of the association Constitution and By-Laws.
    3. Committee members will be appointed in sufficient number to ensure timely completion of appointed responsibility or in accordance with the Constitution and By-Laws of this association.
    4. Upon appointment, the committee chair will prepare a brief written outline which will include, the purpose, scope, duties and responsibilities of the committee. This will be submitted to the association president and recorded, as a matter of record, with the association secretary. All other documentation will be retained by the committee chair until completion of responsibility or re-assignment by the association president.

Article IX

The Professional Education Chair will notify the Board of Directors of any full member who fails to comply with the continuing education requirements and will recommend a change of membership from full member to associate member. Notification of status change will be sent by the secretary of the association to the member at the direction of the association president. The association president will assure the appropriate website membership changes.