Constitution

A listing of the Constitution of the Michigan Association of Polygraph Examiners.

Preamble

1.The technique of polygraph examination for the detection of deception has become established as a valuable investigative aid for the exoneration of the truthful and for the detection of the deceptive. However, as with any diagnostic device or technique, the accuracy and validity of the polygraph results depend to a very great degree on the competency and integrity of the examiner.

2. For the purpose of advancing the polygraph technique, and with the further objective of safeguarding the public interest, which is necessarily involved in the use of the technique, there is hereby constituted the MICHIGAN ASSOCIATION OF POLYGRAPH EXAMINERS, INC., a non-profit, non-partisan corporation whose specific aims and purposes are as follows:

•To formulate and publicize standards with respect to instrumentation, technique, examiner qualifications and ethical practices.
•To encourage and promote research of scientific quality and practical value.
•To provide an opportunity and a forum for exchange of information and data regarding case experiences, studies, and research.

Article 1: Membership

1.The membership of the Association shall be the following classes:

a) Active Members. Those persons who have had training which meets with minimal requirements of the Association in polygraph examination and who meet the following additional qualifications.

(Amended 2-1-86). Who is at least eighteen (18) years of age; and (Deleted 2-1-86) Who has not been convicted of any felony, or a misdemeanor involving moral turpitude, or who has not been released or discharged under other than honorable conditions from any branch, department, or agency of the Federal, State, County, or Municipal government, including, but not limited to the various armed services of the United States and their Reserve or State National Guard affiliates; and Who has either one of the following: An academic degree, at least at the baccalaureate level, from an accredited college or university with such academic degree to include specialized study in

one (1) ademic major, or

two (2) academic minor areas which the membership committee determines to be suitable for and related to specialization as an Examiner, or

A high school diploma from an accredited high school and at least five (5) years of continuous investigative experience with a recognized governmental law enforcement or investigative agency. Provided, however, that after December 31, 1975, all applicants shall have received at least sixty (60) semester hours of academic credit at the college level, or its equivalent, from an accredited college or university and further provided, however, that after December 31, 1979, all applicants shall have received an academic degree, at least at the baccalaureate level, from a college or university accredited by the North Central Association of Schools and Colleges.

AMENDMENT: "An applicant who has been granted a valid Michigan polygraph license by the Board of Forensic Polygraph prior to December 31, 1979 that the Board of Directors may consider this in lieu of the requirements set forth in paragraph 4(c) of the Constitution." (Passed May 2,1981). And
Who has either one of the following:

Who has satisfactorily completed an internship training program approved by the Membership Committee, or

Who satisfies the Membership Committee that he has training and/or experience equivalent to such an internship training program; and

Who furnishes the Membership Committee with satisfactory proof that he has suitable experience in the personal administration of polygraph examinations during his internship or its equivalent; and

Who shall furnish the Membership Committee with completed fingerprint cards in duplicate, bearing the applicant's fingerprints and such other identUying information and/or certification as to the authenticity thereof as the Membership Committee may reasonably require; and

Who has not previously had an examiner's license or association membership, or its equivalent, refused, revoked, suspended, or otherwise invalidated for cause duly shown, other than cancellation due to voluntary non-payment of renewal fee; and

Where reasonable investigation satisfies the Membership Committee no substantial derogatory information exists regarding applicants' loyalty, honesty or integrity as would reasonably and prudently justify denying him membership; and

(Deleted 2-1-86) Who holds and maintains in force a valid examiner's license issued under the authority and then existing Laws of the State of Michigan.

Intern Members:
Those persons who substantially meet the requirements for active membership in the Association so tar as their personal qualifications as an Examiner, but who do not yet met the professional qualifications, may be approved for Intern Membership at the discretion of the M~mbership Committee, providing the applicant holds and maintains a valid "Intern" license issued under the authority and then existing laws of the State of Michigan.

Affiliate Members:
Those persons who are generally recognized, experienced, and qualified in the polygraph, or some other related field may be approved for Affiliate Membership at the discretion of the Membership Committee.

Honorary Members.
Those persons who have made outstanding contributions to the field, may, by unanimous recommendation of the Membership Committee and election by the majority of the members present and voting at an Annual Meeting of the Association, be invited to become Honorary Members of the Association. However, nothing in this subsection shall apply to or change the status of any existing Honorary Member at the time of its adoption by vote of the membership.
Life Member (Adopted 2-1-86). Those M.A.P.E. members who shall have been nominated by a two-thirds majority vote of the Board of Directors and approved by a majority vote of the membership of the Association may be elected to Life Membership. A Life Member shall be exempt from all dues, fees, and assessments.

Associate Member
(Adopted 2-1-86): Those persons who meet all the qualifications and requirements for Active Membership but are not currently conducting any polygraph examinations on a full or part- time basis in the State of Michigan.

Retired Member
(Adopted 2-1-86). Those members who meet all of the qualifications and requirements for Active Membership, but are not currently conducting any polygraph examinations on a full or part-time basis in the State of Michigan.

Retired Members shall be at least sixty-two (62) years of age. Prior to making application to this membership classification, a member shall be a member of the Association a minimum of five (5) years.

Application Procedure.
Those persons desiring to become members of the Association, except persons invited by the Association, to become Honorary Members, shall make formal application for membership, provide the necessary information and complete the required forms, and transmit such application and information together with the membership fee specified for the class membership for which they are applying, to the Secretary of the Association. The Secretary of the Association shall then transmit copies of the application and information submitted in support thereof to all members of the Membership Committee. The Membership Committee shall upon receipt of applications for membership, approve or disapprove said applications for publication in the Newsletter of the Association, except Charter Member Applicants, who shall be considered by the Membership Committee without publication. Applications approved for announcement by publication in the Newsletter of the Association shall be so published at the earliest time practical. The Membership Committee shall act upon such applications to approve or disapprove after a period of at least sixty (60) days shall have elapsed since date of publication. Approval or disapproval of an application shall require a majority vote of the full Membership Committee, except in the case of Honorary membership, and shall be deemed the unanimous approval of said Membership Committee when published. Disapproval of an application for publication, or disapproval of an application subsequent to publication by the committee, shall constitute rejection of the application for membership. The decision of the Membership Committee shall be final and acceptance or rejection for membership automatic either sixty (60) days after publication, or at the time of majority vote not to approve, respectively, except:

Where a notarized petition for reconsidereation bearing the signatures of at least five (5) Active Members in good standing is filed with the Secretary and one other member of the Board as specified below: Within the sixty (60) day period following publication in cases of Committee approval; or At least thirty (30) days prior to any regular or Annual Meeting of the Association in cases of Committee failure to approve the application.

The Secretary will promptly notify the President and other members of the Board upon receipt of said notarized petition for reconsideration, and will acknowledge in writing such notification to the Active Members affixing their signatures thereon without undue delay, informing them on the date and location of the rehearing as set forth in (3) below.

The President shall schedule a meeting of the Membership Committee on the same date and at the same location as the annual or regular meeting next occurring after receipt of the petition by the Secretary, and shall invite testimony before the Committee by any interested party whose signature appears on the petition, as well as the applicant under consideration and any other party whose testimony would have relevance and materiality.

The Membership Committee shall have discretion in resovling material and relevant issues bearing on the approval of the applicant through reasonable investigation, including but not limited to the offer of stipulated polygraph examination(s). Where necessary, the rehearing and final decision of the Membership Committee can be continued for cause to a new date and location upon proper and timely notice to all interested parties.

Based on the rehearing and any additional investigation related thereto, the majority vote of the Membership Committee shall be promptly communicated in writing to the applicant and all petitioners for reconsideration. Such communication shall be by personal service, or by certified mail with return receipt requested as proof of delivery.

The decision of the Membership Committee following the rehearing and any related investigation shall be final, except as provided in Article V.
Rights and Privileges.

(Amended 2-1-86). Active Members, Life Members, and Retired Members shall have the right of voice, vote and of accepting a committee appointment. Only Active Members shall be eligible for elected office.
(Amended 2-1-86). Intern Members, Affiliate Members, Honorary Members, and Associate Members shall have the right of voice only. No member shall have the right of more than one vote. (Adopted 2-1-86). The Membership Certificate, Membership Card, and Membership Name Badge is the property of M.A.P.E. and shall be returned to the Association at the time a person's membership ceases.

Suspension of Members.
Members shall be suspended from membership in the Association:
(Amended 2-1-86). Automatically upon non-payment of current dues following the commencement of the Annual Membership Meeting for that year. By affirmative vote of at least five members of the Board of Directors based upon good cause duly shown, including but not necessarily limited to the following:

A written report and majority vote of a duly constituted Investigative Committee indicating probable cause and prima facie proof of misconduct arising out of their investigation of a written complaint or grievance; or

A written report and majority vote of a duly constituted Investigative Committee affirming failure or refusal by a member to provide requested information in response to any written complaint or grievance; or

Receipt by the Board of a certified copy of a court record or administrative hearing affirming that a member has been convicted of a misdemeanor involving moral turpitude, or has had his license revoked or suspended for cause by the State Board of Forensic Polygraph Examiners. However, voluntary non-renewal of license and revocation for non-payment of fee shall only affect the class of membership, and he shall be automatically transferred to that class of membership for which he now qualifies.

The Membership shall be notified of any suspension by the Secretary at least thirty (30) days prior to any subsequent meetings of the Association, or within ten (10) days after such suspension, depending on which of these two options is more practical from a financial and time limitation standpoint.

Notice of, and reason for suspension, together with notice of a right to hearing, shall be served on the suspended member by the Secretary within ten (10) days after such action. Service may be made either personally, or by registered or certified letter with return receipt requested, directed to the member's last address of record in the Association files.

Termination of Membership.
Membership in the Association shall be terminated:
(Amended 2-1-86). Automatically upon non-payment of dues, effective March 1st, following the commencement of the Annual Membership Meeting for that year.
By formal resignation submitted by the member to the Secretary of the Association. By the Board of Directors in accordance with procedures set forth in Article II, Section 3.

Reinstatement of Membership.
(Amended2-1-86). Memberships under suspension for non-payment of dues are automatically reinstated upon receipt of the delinquent dues by the Treasurer on or before March Members under suspension because of information or charges filed by the Grievance Committee shall be automatically reinstated by the withdrawal or the dismissal of the information or charges by the Grievance Committee.

The Membership Committee shall order reinstatement of members when formal consideration of information or charges filed by the Grievance Committee are found to be unfounded in fact or are disproved.

Memberships terminated by non-payment of dues, or by resignation, or by action of the Board, may be reinstated only upon their re-application for membership in the same manner as prescribed for original membership.

(Adopted 2-1-86). Those persons who are re-applying for membership following their termination for non-payment of dues shall be required to pay the Association the delinquent dues owed at the time of termination.

(Adopted 2-1-86). Those members who for any reason are unable to comply with the March 1st date for the payment of membership dues, may request up to a sixty (60) day extension. This request must be submitted to the Chairman of the Board of Directors in writing prior to March 1st. Upon a majority vote of the Board, a maximum extension of sixty (60) days may be granted for the member to comply with his/her annual dues requirement.

Refund of Dues.
Members under suspension, or those whose membership has been terminated in any other manner, shall not be entitled to refund of dues paid for the current year or any prior year.

Article II: Officers and Board of Directors

The Officers and Directors of the Association shall be:
The President
The Vice-President
The Secretary
The Treasurer
The Three Directors, one of whom shall be the Immediate Past President

The Officers shall be Active Members of good standing and whose duties are as follows:
President: It shall be the duty of the President to preside at all meetings and to enforce all rules and regulations of the Association. He shall call meetings of the Board of Directors. He shall have the authority to appoint all committees. He shall be Chairman of the Membership and Grievance Committees.

Vice-President: It shall be the duty of the Vice-President to preside at all meetings in the absence of the President, and to assist the President in the enforcement of all rules and regulations regarding the administration of the Association. He shall succeed to the office of President in the event of death, resignation, or suspension from membership of the President. He shall be Vice-Chairman of the Membership and Grievance Committees.

Secretary: It shall be the duty of the Secretary to keep records of all resolutions and proceedings of the Association and its Board of Directors. He shall conduct correspondence relating to the Association and issue notice of all meetings of the Association and Board of Directors.

Treasurer:It shall be the duty of the Treasurer to receive all monies, to make all disbursements and to keep records of all financial transactions on the part of the Association. He shall make a report to the membership at each regular meeting of the Association as to the state of the treasury.

Board of Directors: The Board of Directors of the Association shall consist of the Immediate Past President and the other two (2) Directors, plus the four (4) elected officers of the Association. The Board of Directors shall determine the policies of the Association, and shall be responsible for the property and managment of the Association. The Board of Directors shall be empowered to remove from office for cause, or at its discretion for inactivity, any of the officers of the Association.

The Board of Directors shall be empowered to expel any member whose conduct is unbecoming a member of the Association, subject to the provisions of Article II, Section 3, below, and Article V. The immediate past President shall be Chairman of the Board and shall preside at all meetings of the Board. He shall also be Second Vice-Chairman of the Membership and Grievance Committees. The Board members shall serve as the Membership Committee and the Grievance Commmittee under the chairmanship of the President. Four members of the Board shall constitute a quorum to transact business of the Association in their various capacities as the Board of Directors; the Membership Committee; or the Grievance Committee. A majority vote of the full Board (unanimous vote of a four-member quorum) shall be neessary to sustain any official action of the Board, the Membership Committee, or the Grievance Committee.

Disciplinary Proceedings.
A member whose conduct injures or tends to injure the M.A.P.E., affects adversely its reputation, or is contrary to or destructive of its purpose or objectives shall be subject to disciplinary proceedings as follows:

All charges or allegations of misconduct by a member shall be submitted to the Board of Directors in writing. This shall not constrain the Board on its own motion, through the submission in writing by one of its members, from filing charges or allegations.

The Board Chairman shall appoint an impartial Investigative Committee consisting of three (3) Active Members in good standing who are not members of the Board, designating one to serve as Chairman of the Investigative Committee.

The Investigative Committee chairman shall:

Promptly inform the member against whom charges or allegations of misconduct have been made, as to the nature thereof and request response thereto from said member; and
Conduct whatever preliminary investigation deemed necessary to refute or fail to refute said charges or allegations, including interview(s) of the complaining party(ies).

Failure or refusal to provide material and relevant information requested by the Chairman or his designated representative on the Investigative Committee within twenty (20) working days shall be grounds for suspension of membership upon vote of the Board under the provisions of Article I, 4, a, (2), (b), irrespective of class of membership. Such failure or refusal shall be immediately reported to the Board in writing signed by at least two (2) members of the Investigative Committee for adjudication by the Board.

Upon completing such preliminary investigation the Chairman of the Investigative Committee shall prepare a written report summarizing the charges or allegations, the response of the member thereto, and the results of any preliminary investigation for presentation to the full Investigative Committee.

By majority vote, the Investigative Committee shall recommend further investigation and/or report a recommendation to the Board Chairman as to dismissal or continuation of the disciplinary proceedings. A copy of this report shall be delivered personally, or by certified mail by the Board Chairman to the member against whom charges or allegations have been made, and also the complainant(s).

By majority vote, the Board of Directors shall act on the Investigative Committee recommendation within twenty (20) days after receipt by the Chairman as follows:
Dismissal of charges and allegations as unfounded and/or unsupported, with reports in writing to the defendant and complainants(s).

Direction that the charges and allegations be further iunvestigated by the same or a different Investigative Committee, with a report to the Board as specified in (6) above.

Direction that a hearing on the charges and allegations be held before the Grievance Committee at a convenient date and location, with the affected member and the complainant(s) afforded at least twenty (20) days notice of said hearing by personal service in writing or by certified mail with return receipt requested.

A majority decision by the Board to dismiss as unfounded or unsupported charges or allegations of misconduct shall be final, except where a proper and timely petition for reconsideration is filed as specified for decisions of the Membership Committee in Article I, 2, g, (1), in which case the same procedures shall prevail for the Grievance Committee as though set forth in full in this Article and subsections.

The decision of the Grievance Committee following any rehearing shall be final, except as provided in Article V.

In the event that a majority of the Board votes to hold a hearing before the Grievance Committee, the member against whom the charges or allegations are pending; the complainant(s); and other interested parties possessing information material and relevant to such hearing, shall be notified in writing by personal service, or by certified mail return receipt requested, at least twenty (20) days prior to such hearing, and invited to appear. Upon good cause duly shown, a hearing may be rescheduled, adjourned, or continued by majority vote of the Grievance Committee and timely notice to the interested parties.

In the event the member against whom allegations or charges of misconduct have been made fails to appear, or in writing waives the hearing, the Grievance Committee by majority vote may summarily suspend or terminate his membership upon a prima facie showing of misconduct which is not contested by the facts or any witness appearing in his behalf.

At the hearing, the Chairman of the Investigative Committee shall present the case against the member charged, including testimony, documents, and other evidence bearing on the charges or allegations. The member against whom the charges or allegations have been made, either personally or through a designated representative, may present testimony, documents, and other evidence to refute or defend against the charges or allegations.

Following the hearing, the Grievance Committee by majority vote shall decide whether the charges or allegations of midsconduct have been sustained by a preponderance of the evidence, or whether they must be dismissed as unfounded or unsupported by preponderance of the evidence.

If by majority vote the Grievance Committee finds the charges unfounded or unsupported by a preponderance of the evidence, they will dismiss the charges with notification in writing by personal service or certified mail with return receipt requested, within ten (10) days thereafter by the Secretary to the member charged, the complainant(s), and the members of the Investigative Committee.

If by majority vote the Grievance Coinmitttee finds charges or allegations of misconduct sustained by a preponderance of the evidence, they shall then by majority vote determine whether the charged member should be suspended, terminated, or subjected to some other disciplinary procedure. The Chairman of the Grievance Committee, through the Secretary, shall notify the member; the complainant(s); and the members of the Investigative Committee of the Committee's decision. The Secretary shall also notify the membership of any suspension or termination as provided for suspensions in Article I, 4, b.

The decision of the Grievance Committee shall be final, except where notarized petition(s) for reconsideration bearing the signatures of five (5) Active Members in good standing is filed with the Secretary and one other board member as provided for membership reconsideration in Article I, 2, g, (1), in which case the same procedures set forth for reconsideration of membership shall prevail with respect to the Grievance Committee as though set forth in full in this Article and subsections.

Following any reconsideration and rehearing, the decision of the Grievance Committee shall be final, except as provided in Article V.

Article III: Elections

Regular business meetings of the Association will be held every three (3) months, and one (1) of these meetings will be the Annual Meeting for the purpose of electing officers of the Association.

There shall not be more than two (2) members from any one (1) organization holding office either on the Board or elected, in any one (1) term of office.

All Officers and Directors, either elected or appointed, must be Active Members.

There must be at least one (1) elected member on the Board or holding office from an organization other than a law enforcement organization.

Terms of office for all officials except Directors, shall be for one (1) calendar year, or until a qualified successor shall have been elected by the Association. Terms of office for the Elected Directors and Immediate Past Presidents succeeding to a Directorship, shall be for three (3) calendar years, except terms of office for the first three (3) elected Directors shall be three (3) calendar years for the one receiving the greatest number of votes; two (2) calendar years for the one receiving the second greatest number of votes; and one (1) calendar year for the one receiving the third greatest number of votes among the candidates nominated. Each year thereafter, the Directorship falling vacant shall be filled for a full three (3) year term by the retiring President or election of the membership as provided in Article III.

Vacancies in office for any reason shall be filled by appointment by the Board of Directors. Such appointee shall serve until the next Annual Meeting or until his successor shall have been elected by the Association.

Article IV: Amendments

The Constitution may be amended by a two-thirds vote of the members present and voting at the Annual Meeting or any Regular Meeting of the Association.

Proposed Amendments to the Constitution shall be forwarded to the Secretary at least forty-five (45) days prior to any meeting at which they are to be introduced and the Secretary shall inform the membership of any such proposed amendments at least thirty (30) days prior to such meeting.

Article V: Appeals to the General Membership

A decision of the Board of Directors, the Membership Committee, or the Grievance Committee may be appealed to the general membership of the Association for final adjudication if all other avenues of appeal provided in this Constitution have been exhausted and if within thirty (30) days after publication or written notice of such decision at least ten (10) Active Members in good standing petition the Secretary in writing for an appeal of the decision to the membership at large. Such petitions shall be notarized and shall be delivered either personally or by certified mail with return receipt requested.

Upon receiving proper and timely petition(s) for appeal the Secretary shall cause notice of such appeal to be published and mailed to the membership at large within twenty (20) days after receipt of the tenth (10th) such petition and/or signature.

Said notice shall include the names of at least the first ten (10) petitioners; the date and location of the annual, regular, or special meeting next occurring which is not less than thirty (30) nor more than 110 calendar days after publication of said appeal notice, which next occurring annual, regular, or special meeting shall be designated for hearing and voting on the appeal. Such notice shall also specify the decision which is being appealed.

Prior to consideration of the appeal, the aggrieved party or parties shall execute a legal and binding waiver authorizing full and complete disclosure of any and all relevant and material information concerning the matter being appealed.

One member of the Board, Grievance, or Membership Committee (as appropriate) shall be selected by majority vote of such body to present the case for said body before the members in attendance.

One of the petitioners for appeal shall be selected by a majority vote of the petitioners to present the case for said petitioners and aggrieved parties before the members in attendance.

A Hearing Referee and Chairman of the Committee of the Whole shall be selected by agreement between the member representing the Board or Committee and the member representing the Petitioners.

If agreement cannot be reached on such a referee within thirty (30) minutes clock time after the scheduled time of the meeting, the representatives shall so report to one of the following in the order of precedence set forth, not to include said representatives: (1) The President; (2) The Vice President; (3) The Board Chairman.

The appropriate official from among those above receiving the report will call the meeting to order as a Committee of the Whole and will preside as Temporary Chairman, opening the meeting for nominations from the floor for the position of Permanent Chairman and Hearing Referee. Upon the closing of nominations, the Temporary Chairman shall appoint as tellers the two representatives mentioned above, who shall distribute, collect, and count the ballots. Simple majority vote shall elect. In the event no nominee gets a majority of the votes cast on the first ballot, a second secret ballot will be taken for the purpose of choosing between the top two vote getters (and ties) on the previous ballot. This will Continue until one nominee attains a majority, whereupon he shall be declared Permanent Chairman of the Committee of the Whole and Hearing Referee.

The Permanent Chairman and Hearing Referee shall preside at the appeal hearing before the Committee of the Whole. He shall rule on all matters of procedure and all disputes. He shall establish time limits; order of appearance; rebuttal guidelines; entertainment of, limitations on, and response to questions from members in attendance. He shall limit and close off debate, and shall act on a properly supported call for the question.

Upon majority support of a call for the question, all members present and in good standing shall vote on the question of affirming or reversing the decision appealed. The vote shall be by secret ballot with the previously mentioned representatives serving as tellers, supervised by the Hearing Referee.

The Hearing Referee shall have final authority to rule on all questions and disputes concerning this vote. He shall announce the result of the vote of the members in attendance, and the same shall be published in the next mailing or notice sent by the Secretary to the general membership. The Hearing Referee and Permanent Chairman shall then discharge the Committee of the Whole and reconvene the meeting under the appropriate presiding officer of the Association.

 

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