Ohio Association of Polygraph Examiners Constitution


ARTICLE I

The name of the organization shall be the “Ohio Association of Polygraph Examiners, Inc., also known as OAPE.


ARTICLE II

Goals and Objectives

The goals and objectives of the OAPE will be:

  1. To promote and maintain the highest standards of ethics, integrity, honor and conduct in the polygraph profession.
  2. To encourage and develop cooperation and the interchange of ideas among polygraphists in Ohio in the application and utilization of accepted polygraph techniques.
  3. To develop the highest standards of proficiency in the polygraph profession by fostering and encouraging scientific training and research through advanced study and Progressive techniques.
  4. To provide an opportunity and forum for the exchange of information regarding polygraph experiences, studies and research.
  5. To cooperate with other state, national and regional polygraph associations and other professional organizations in matters of mutual interest and of benefit to the polygraph profession.

ARTICLE III

Definitions

  1. ACCREDITED POLYGRAPH SCHOOL: This shall mean any polygraph school that is recognized by the American Association of Police Polygraphist, National Polygraph Association or the American Polygraph Association.
  2. POLYGRAPH: An instrument capable of the simultaneous, visual and permanent recording of changes in a person’s respiration, galvanic skin response and cardiovascular systems. Other psychophysiological responses may also be recorded, but only in addition to and never in replacement of the aforementioned.
  3. BY-LAWS: By-Laws shall mean any set of rules or other writing established for the purpose of the administration of the affairs of the Association. The By-Laws shall include, but are not limited to, a Code of Ethics and a set of Standards and Principles of Practice.
  4. VOTING MEMBER: Voting member shall mean any member of the OAPE as defined or limited by the By-Laws.
  5. ASSOCIATION: Association shall mean the Ohio Association of Polygraph Examiners, Inc. or any successor thereto.
  6. ELECTIVE YEAR: Elective Year shall mean the period between meetings of the General Membership held for the purpose of electing Officers of this Association.

ARTICLE IV

Membership

  1. There shall be seven (7) classes of membership:
    1. Full Member
    2. Intern Member
    3. Associate Member
    4. Life Member
    5. Affiliate Member
    6. Honorary Member
    7. Retired
  2. Changes or additions to classes of membership or qualifications, rights, and privileges of each class of membership shall be recommended only by a two-thirds (2/3) majority vote of the Board of Directors as set forth in the By-Laws of the Association. These changes must be approved by a majority vote of all voting members present at any meeting of the General Membership.
  3. Subject to the terms and conditions of this Article, membership in the OAPE may be suspended or terminated by the Board of Directors for:
    1. Any act contrary to the provision of the Code of Ethics and/or the standards and Principles of Practice.
    2. Conduct which· brings, or may tend to bring, discredit to the OAPE or the polygraph profession.
    3. Failure of any member to meet his, her or its financial obligations to the Association when due and payable.
  4. In lieu of suspension or termination of membership, the Board of Directors may censure any member, publicly or privately, for any violation of Section C of this Article.
  5. The Board shall act upon the findings and recommendations of the Grievance Committee at the next scheduled meeting of the Board of Directors.

ARTICLE V

Directors and Officers

  1. Only voting Members authorized by the By-Laws shall hold office as a Director or as an Officer.
  2. Directors: Directors shall perform the duties and fulfill the obligations of their office as defined in the By-Laws of the OAPE.
  3. Officers: Officers shall perform the duties and fulfill the obligations of their office as defined in the By-Laws of the OAPE. The Officers shall be four (4) in number and shall be the:
    1. President: The President shall be elected to a term of one (1) elective year and may be re-elected to consecutive terms.
    2. Vice President: The Vice President shall be elected to a term of one (1) elective year and may be re-elected to consecutive terms.
    3. Secretary: The Secretary shall be elected to and serve a term of two (2) elective years and may be re-elected to consecutive terms.
    4. Treasurer: The Treasurer shall be elected to and serve a term of two (2) elective years and may be re-elected to consecutive terms.

ARTICLE VI

Board of Directors

  1. The Board of Directors (BOD) shall consist of:
    1. Three (3) most recent past Presidents
    2. President
    3. Vice President
    4. Secretary
    5. Treasurer
  2. The Immediate Past President shall be the Chairperson of the Board of Directors and shall call and preside over all meetings of the Board subject to the terms and conditions of the By-Laws. The Chairperson shall exercise his or her vote only in case of a tie vote of the Board of Directors.
  3. The Board of Directors shall convene prior to every meeting of the General Membership of the Association and, at such other times and places as may be necessary. A special meeting may be called at any time by the Chairperson of the Board of Directors or through petition of the majority of the Board members. Four members of the Board present at these meetings will constitute a quorum to transact any and all business brought before the Board.
  4. The Board of Directors is responsible for the administration of the affairs of the Association and is authorized to take any action necessary to protect the best interests of the Association.

ARTICLE VII

Meetings, Elections, Voting and Dues

  1. The General Membership of the OAPE shall meet twice each year to be held during the second and fourth quarters of the calendar year unless otherwise recommended by the Board of Directors. The General Membership will act upon any business brought before it during these meetings. The Board of Directors shall establish the exact date, time and place of the semi-annual seminars and General Membership Meetings.
  2. Voting Members as defined by the By-Laws, present at any meeting of the General Membership, shall constitute a quorum to transact any and all business brought before the membership by proper motion.
  3. The nomination and election of Officers shall be held during the General Membership Meeting conducted in the fourth quarter of the calendar year. The election of Officers shall be held by secret ballot; the election of any unopposed candidate may be by voice vote. If there is more than one candidate for a specific office, the candidate receiving the largest number of votes will be elected. All newly elected Officers will take office at the beginning of the calendar year which will run from January 1st through December 31st. The Board of Directors may recommend nominees for any elected office. Any member seeking Board recommendation must provide written notification to the Board at least 48 hours before the election. This in no way limits any eligible member from being nominate from the floor.
  4. In the event of death, resignation or the inability to act of the Secretary, Treasurer, or any Member of the Board, the Board of Directors shall immediately appoint any Voting Member to serve the unexpired term of the deceased, resigned or disabled Officer or Director. The Vice President shall fill any unexpired term of the President unless he/she is unable to perform these duties, then the immediate Past President shall fill the unexpired term of the President.
  5. Impeachment of Officer/Director: Any member may call for the impeachment of a Board Member by submitting in writing a letter to the Board of Directors. This letter should outline the Board Members alleged misconduct and/or failure to meet the responsibility of the office. The Board is required to act on the letter of impeachment at the next scheduled Board meeting. The President, at his/her discretion, may call for a special meeting of the Board. To impeach a Board Member a two-thirds majority vote of the Board is required. The impeached member may appeal the decision to the membership at the next General Membership Meeting and must notify the President in writing within 30 days of the intent to appeal the impeachment decision. It will take a majority vote of the Membership voting at the General Membership Meeting to reverse the Board's impeachment decision. Any vacancy as a result of impeachment shall be filed pursuant to this Article.
  6. Any Member shall be entitled to speak on the floor at any meeting of the General Membership. Only Voting Members as defined in the By-Laws shall have the right to vote upon motions, elections or any other business brought before the General Membership.
  7. Dues, and the amount thereof, shall be established by two-thirds (2/3) majority vote of the General Membership. Dues shall be levied against all members in equal amount provided no dues shall be levied against LIFE members, HONORARY members or RETIRED members. Dues will become payable between January 1st and the last day of the second quarter meeting each year. Any member who has not paid their dues by the last day of the second Quarter meeting shall be assessed a $25.00 late fee to be paid in addition to the regular dues for that calendar year. The Board of Directors, by a unanimous vote, may waive the dues of a member if it is I the best interest of the OAPE. The Board of Directors, by a unanimous vote, may also recommend an increase or decrease in the amount of the dues to the membership without going through the necessary protocol of changing the constitution according to Article X(B) so long as this recommendation is presented to the General Membership at a regularly scheduled meeting and is accepted by no less than two-thirds (2/3) majority vote of the General Membership Pursuant to this Article, if a Member fails to meet their financial obligation to this Association, the Member will be automatically terminated on the day following the close of the meeting during the fourth quarter. However, Members who have been terminated for failure to meet their financial obligations to this Association may reapply for Membership, but shall not be entitled to any refund of dues paid for the current or any prior year.
  8. All persons who were Members of this Association on October 3, 1962, shall be known as Charter Members.
  9. Any current officer(s) will continue in their capacity for the unexpired term upon the effective date of this Constitution.

ARTICLE VIII

Committees and Appointments

  1. The President shall establish the following standing committees and shall appoint a general chairperson from the membership for each committee:
    1. Ethics and Grievance Committee
    2. Membership Committee
    3. Seminar Committee
    4. Certification Committee
    5. Awards Committee
  2. The President may establish Ad-Hoc committees for the purpose of administering the goals and objectives of the Association and may appoint any Voting Member to act as Chairperson of any such committee. Ad-Hoc committees shall dissolve upon the completion of their stated purpose, dissolution by the President, or upon the expiration of the office of the appointing President.
  3. The President shall have the sole authority to appoint any Voting Member to the below listed positions:
    1. Parliamentarian, who will be the ruling authority in all parliamentary proceedings or questions pursuant to Robert's Rules of Order
    2. Sergeant-at-Arms, who will remove persons disrupting or otherwise being disorderly at OAPE meetings at the direction of the President. The Sergeant-at-Arms will also restrict access of non-members to meetings.
    3. OAPE Quality Control, who will conduct chart review and quality control for any OAPE Member desiring this service.

ARTICLE IX

By-Laws

By-Laws to this Constitution shall be established and maintained by the Board of Directors for the purpose of promoting the mission of the Association and administering the goals and objectives thereof.


ARTICLE X

Parliamentary Authority

  1. In all instances not covered by this Constitution, the parliamentary authority for the Association shall by Robert's Rules of Order, as amended.
  2. All meetings of the General Membership shall be conducted in accordance with Robert's Rules of Order, as amended.
  3. All meetings of the Board of Directors shall be conducted in accordance with Robert's Rules of Order, as amended.

ARTICLE XI

Amendments

  1. This Constitution and By-Laws may be adopted, amended, or repealed.
  2. Any change or amendments to the Constitution and/or By-Laws must be presented in writing to the Voting Membership at least thirty (30) days prior to the meeting at which the amendment is to be voted upon. The motion for a constitution amendment or change shall only carry when it has been seconded by a Voting Member and carried by two-thirds (2/3) majority of the Voting Members present. Upon passage, the amendment or change shall take effect immediately unless otherwise specified in the change or amendment.
  3. An emergency amendment may be brought before the membership at one of the semi- annual meetings requiring three-quarters (3/4) vote of the Voting Members present to declare the emergency and acted upon by the membership. Said amendment shall take effect upon passage.
  4. In the event this Constitution and/or By-Laws, or any part thereof, or any additions or amendments made subsequently thereto, or the application thereof, to any person or circumstance, be found in conflict with any law, federal, state, or city, such conflict shall be resolved in favor of the law.

ARTICLE XII

Ratification

This Constitution shall take effect and supersede all other previous Constitutions of the Association upon approval of the Voting Members.


The effective date of this Constitution is November 3, 2017.


Ohio Association of Polygraph Examiners By Laws


DIVISION I

Name

This document shall be known as the By-Laws of the Ohio Association of Polygraph Examiners, Inc. (OAPE)


DIVISION II

General Provision

No action or proceeding commenced before these By-Laws take effect, and no right accrued, is affected by the provisions of these By-Laws, but all provisions thereafter taken herein shall conform to the provisions of these By-Laws.


DIVISION III

Code of Ethics

All members of the Ohio Association of Polygraph Examiners, Inc. shall:

  1. Support the purposes and objectives of the Ohio Association of Polygraph Examiners, Inc.
  2. Maintain the highest standards of professional, moral and ethical conduct by assuming responsibility for conduct and behavior designed to serve the cause of truth and justice.
  3. Respect the dignity of all person and be just, fair and impartial with each individual in discharging professional duties and objectives.
  4. Hold themselves apart from influence intended to benefit their political, personal or financial well-being while exercising their professional responsibilities.
  5. Upon a member’s adjudication of any crime, the member shall immediately notify the OAPE Board of Directors in writing as to the status of such adjudication, whether such is that of conviction, diversion, deferred for appeal or otherwise.
  6. Abide by all provisions of the Ohio Association of Polygraph Examiners, Inc. constitution, by- laws, and standards and principles of practice.

DIVISION IV

Standards and Principles of Practice

  1. A member shall respect the rights and dignity of all persons who are administered a polygraph examination.
  2. A member shall not conduct a polygraph examination without the examinee's knowledge and consent.
  3. A member shall not initiate a polygraph examination of any person unless using an instrument which records separate, permanent and simultaneous recordings of at least respiratory, cardiovascular, and electro dermal activity. This shall not preclude the simultaneous recording of additional physiological phenomenon. A member shall not knowingly conduct an examination using any instrument which at the time of the examination is not functioning properly as designed.
  4. A member shall not conduct an examination of any person who the member believes to be physically or emotionally unsuitable for testing.
  5. A member shall only use those test techniques and questions formats which are considered generally acceptable within the profession. This shall not preclude a member from conducting additional bona fide scientific testing and/or research utilizing other techniques.
  6. Members shall not render a conclusive diagnosis on physiological records of insufficient quality or clarity. This could include, but not be limited to, excessively distorted data recordings believed to be manipulated by the subject or recordings with insufficient diagnostic reactivity or amplitude as generally considered acceptable within the profession.
  7. A member shall afford each person undergoing a polygraph examination a reasonable opportunity to explain physiological reactions to relevant questions evident on the polygraph charts.
    Exceptions Include:
    1. When the examinee is represented by an attorney who requests no post-examination interview be conducted and the opinion only be furnished to the attorney.
    2. When the examination is being conducted by a court order which stipulates that no post-test interview is to be conducted.
  8. A member shall not provide any report or opinion regarding the medical or physiological condition of the examinee for which the member is not qualified to make. This shall not preclude an examiner from describing the appearance or behavior of the examinee.
  9. A member shall not conduct an examination when there is reason to believe the examination is intended to circumvent or defy the law.
  10. No member shall solicit or accept fees, gratuities, or gifts which are intended to influence his or her opinion, decision or report. No member shall set any fee for polygraph services contingent upon the findings or results of such services; nor shall any member increase his or her initially agreed-upon fees as a direct result of his or her opinion or decision subsequent to a polygraph examination.
  11. A member shall not knowingly submit or permit their employees to submit a misleading or false polygraph examination report. Each polygraph report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on analysis of the collected polygraph data.
  12. No member shall make, publish, or cause to be published any false or misleading statements or advertisements relating to this Association or the polygraph profession. No member shall make any false representation, of whatever nature, as to his or her membership status.
  13. Any person who has been convicted of a felony or any crime of moral turpitude shall be ineligible for membership in the Ohio Association of Polygraph Examiners, Inc.
  14. A member shall abide by the directions and recommendations adopted by the Ohio Association of Polygraph Examiners.
  15. To protect the privacy of each examinee, no member shall release information obtained during a polygraph examination to any unauthorized person. This shall not preclude the release of polygraph data for the purpose of quality control review.
  16. No member shall disclose to any person, except their supervising officer or person requesting the test, irrelevant information gained during the course of a polygraph examination which has no connection with the relevant issue and which may embarrass or tend to embarrass the examinee, except where the disclosure is required by law.
  17. A member shall not include in any polygraph examination questions intended to inquire into or develop information on activities, affiliation or beliefs on religion, politics or race except where there is relevancy to a specific investigation, or the investigation involves terrorism or subversion or is demonstrably related to job performance qualifications.
  18. A member shall adhere to the procedures, requests, and directives of the Ohio Association of Polygraph Examiners, Inc. This implied consent binds the member to abide by the final decision and judgment of the Board of Directors, or other appropriate bodies, as may be constitutionally established in all matters when appeals have been exhausted.
  19. Members shall acknowledge that these standards and principles of practice establish minimal guidelines for the performance of professional activities. Therefore, conduct and practices not specifically stated here, but are detrimental to or discrediting of the Ohio Association of Polygraph Examiners, Inc., or its members, shall not be condoned.
  20. A member who administers or attempts to administer any polygraph examination in violation of these standards and principles of practice or who violated any section of these standards and principles of practice shall be subject to investigation, censure, suspension, or expulsion from the Ohio Association of Polygraph Examiners, Inc.

DIVISION V

Membership

  1. Full Member
    1. Full Members of this Association are those persons who have:
      1. graduated from an AAPP, NPA or APA Accredited Polygraph School;
      2. completed not less than seventy-five (75) actual examinations using a standardized polygraph technique as taught at an AAPP, NPA or APA Accredited School;
      3. must be a high school graduate or accredited equivalent;
      4. a minimum of five (5) years of law enforcement experience in the field of criminal investigations or the equivalent thereof to be determined by the Board of Directors.
    2. Full Members shall:
      1. have the right to vote in all matters before the General Membership;
      2. be eligible to hold any elective office in the Association;
      3. be eligible to hold any appointed position in the Association or serve as the Chair of any Committee;
      4. be eligible to serve on any Committee;
      5. meet all financial obligations to the Association.
  2. Intern Member
    1. Intern Members are those persons who:
      1. are in attendance at an AAPP, NPA or APA accredited polygraph school or who are completing requirements of such training shall be eligible for membership as an INTERN provided that they meet all requirements for membership as a Full Member except for the experience requirements as set forth in I A (1) and (2);
      2. persons admitted under this provision shall, upon completion of the polygraph experience requirement for a Full Member, be upgraded to Full Member, upon petition to the Board certifying satisfactory fulfillment of the experience requirement with 30 months following the date of completion of the polygraph training school. Intern Members who fail to complete the experience requirement with 30 months, shall be required to petition the Board for an extension of their Intern Member status. The Board, at its discretion, may prescribe further experience, and time period requirements;
      3. shall have the right to serve on OAPE committees, but not as a Chairperson;
      4. shall be eligible to vote, but not hold elective office in the Association;
      5. shall not represent themselves as other than INTERN Member of the OAPE;
      6. meet all financial obligations to the Association.
  3. Associate Member
    1. Associate Members of this Association are:
      1. Persons who are practicing polygraph examiners and who are graduates of an AAPP, NPA or APA Accredited Polygraph School, but who do not meet the requirements of membership as a Full or Intern Member shall be eligible for membership in the OAPE as an ASSOCIATE member.
    2. Associate Members shall be eligible to be upgraded to a Full Member status provided that the following conditions have been satisfied:
      1. They submit proof of having completed the experience requirement as set forth in I A (1) (2) (3) and (4);
      2. They have satisfactorily completed a qualifying oral examination assessing both academic and practical knowledge of polygraph detection of deception procedures which shall be administered by the OAPE Membership Committee. This will include the submission of five (5) polygraph cases conducted within the past 12 months.
      3. Within 18 months preceding upgrading, they have successfully completed at least 40 hours of continuing education in topics directly related to polygraph testing;
      4. They are in attendance at an OAPE seminar-annual seminar at the time of consideration of their request for upgrading to Full Member;
      5. They have satisfied all financial obligations to the OAPE.
    3. Associate Members shall:
      1. Have the right to vote in all matters before the General Membership, but not hold any elective office in the Association;
      2. Have the right to serve on OAPE Committees, but not as the Chairperson;
      3. Shall not represent themselves as other than ASSOCIATE Member of the OAPE;
      4. Meet all financial obligations to the Association.
  4. Life Member
    1. Life Members are any members of the Association who:
      1. has been nominated by another Member for Life Membership, and;
      2. whose nomination has been approved by a two-thirds (2/3) majority vote of the Board, and;
      3. whose nomination has been confirmed by a majority vote of all Voting Members present at a meeting of the General Membership.
    2. Life Members shall:
      1. have the right to vote in all matters before the General Membership;
      2. be eligible to hold any elective office in the Association;
      3. be eligible to hold any appointed position in the Association and Chair any Standing or Ad-Hoc Committee;
      4. be eligible to serve on any Standing or Ad-Hoc Committee;
      5. be exempt from annual membership dues to the Association.
    3. No more than one life membership will be awarded annually.
  5. Affiliate Member
    1. Affiliate Members are those person who:
      1. have demonstrated a genuine interest in the polygraph profession;
      2. are involved in the sale and or manufacture of polygraph instruments;
      3. are involved in the research of polygraph instrumentation and techniques;
      4. are acceptable to the Board of Directors as having a valid and professional interest in the polygraph field.
    2. Affiliate Members shall:
      1. not have the right to vote in matters before the General Membership;
      2. have the right to speak on any issue before the General Membership or Board of Directors;
      3. not be eligible to hold any elective office in the Association;
      4. not be eligible to Chair any Standing or Ad-Hoc Committee;
      5. be exempt from annual membership dues to the Association.
  6. Honorary Member
    1. Honorary Members are those persons:
      1. who have rendered distinguished service and support to the polygraph profession;
      2. who have been nominated by any Member for Honorary Membership, and;
      3. whose nomination has been approved by a two-thirds (2/3) majority vote of the Board, and;
      4. whose nomination has been confirmed by a majority vote of all Voting Members present at a meeting of the General Membership.
    2. Honorary Members shall:
      1. not have the right to vote in matters before the General Membership;
      2. have the right to speak on any issue before the General Membership or the Board of Directors;
      3. not be eligible to hold any elective office in the Association;
      4. not be eligible to Chair any Standing or Ad-Hoc Committee;
      5. be exempt from annual membership dues to the Association.
  7. Retired Member
    1. Retired members are those persons who:
      1. are no longer engaged in income-producing polygraph employment;
      2. have been in the Full Membership status for a minimum of ten (10) consecutive years;
      3. have attended a minimum of five (5) OAPE Semi-Annual Seminars;
      4. whose nomination has been approved by a two-thirds (2/3) majority vote of the Board, and;
      5. whose nomination has been confirmed by a majority vote of all Voting Members present at a meeting of the General Membership;
      6. are eligible for reinstatement to Full Membership status upon application.
    2. Retired Members shall:
      1. have the right to vote in all matters before the General Membership;
      2. be eligible to hold any elective office in the Association;
      3. be eligible to hold any appointed position in the Association and Chair any Standing or Ad-Hoc Committee;
      4. be eligible to serve on any Standing or Ad-Hoc Committee;
      5. be exempt from annual membership dues to the Association;
      6. receive all mailings from the OAPE.
  8. General Provisions
    1. Subject to the terms and conditions of this Article, membership in the Association shall be terminated upon the conviction of any member of felony crime or any crime of moral turpitude. Conviction, for the purpose of this section, shall mean the judgment of any court of competent jurisdiction, local, state or federal and shall include a plea of "no contest" to a crime amounting to a felony or when included as a lesser offense or when included as a condition of probation. Such termination of membership shall be automatic and without action by the Grievance Committee of the Board.
    2. Any Member who has been formally charged in any court of competent jurisdiction on a charge amounting to a felony crime or any crime of moral turpitude shall, with thirty (30) days of such arraignment, notify any member of the Board of Directors of such arraignment. Notification shall be in writing and shall include the nature of the charge, the name and address of the court where the member was arraigned, the date of the arraignment and the case or docket number assigned by the court. The membership of any member who fails to comply with the provision of this sub-section shall be suspended without action by the Grievance Committee or Board. Said suspension shall be effective on the thirty-first (31st) day after being formally charged and shall continue until the member complies with the requirements of this sub-section.
    3. The membership of any member who resigns from this Association shall be reinstated upon the recommendation of the Membership Committee and the approval of the Board; provided the member:
      1. qualifies for the class of membership to which he or she qualified at the time of resignation;
      2. meets all financial obligations to the Association for the year in which the reinstatement is sought;
      3. was not the subject of investigation by the Grievance Committee or failed to meet his or her obligations to the Association at the time of his or her resignation.
    4. Any applicant pending Board approval of membership or Intern Member who is in the process of upgrading to Full Member will not be eligible for further membership processing unless their current grievance investigation is deemed unfounded and closed.

DIVISION VI

Directors

Directors of the Association shall perform such duties as assigned by the President of Board of Directors.


DIVISION VII

Officers

  1. The President shall:
    1. preside over all meeting of the General Membership;
    2. in the absence of the Chairperson of the Board, preside over all meetings of the Board of Directors;
    3. enforce the Constitution and By-Laws of the Association and have general supervision over the affairs and administration of the Association and of the duties of those appointed to office;
    4. perform such duties as the Board may assign and represent these Association at all official functions;
    5. perform other duties as assigned by the Board;
    6. the nominee for President shall be a Full Member for a minimum of five (5) years.
  2. The Vice-President shall:
    1. perform all duties and responsibilities of the President in case of his/her absence;
    2. perform all other duties provided by the Constitution and By-Laws and such duties as directed by the President;
    3. perform other duties as assigned by the President or Board;
    4. the nominee for Vice-President shall be a Full Member for a minimum of five (5) years.
  3. The Secretary shall:
    1. be responsible for recording and retaining the official minutes, resolution, and proceedings of the Association derived from business meetings of the General Membership; the Board of Directors, or other meetings as may be required for the effective and orderly transaction of the Association's business;
    2. distribute official notices, correspondence and other materials and record policy and procedures established during Board of Directors meetings;
    3. keep a current record book of the membership and make this available at every semi- annual meeting of the Association;
    4. perform other duties as assigned by the President or the Board;
    5. the nominee for Secretary shall be a full member for a minimum of three (3) years.
  4. The Treasurer shall:
    1. be the primary custodian of all funds and securities, of whatever nature, which are the property of the Association;
    2. maintain complete and accurate records of all financial transactions related to the Association;
    3. be authorized, and by virtue of these By-Laws, is authorized to act in all financial matters wherein an authorized signature is required on behalf of this Association; in the absence of the Treasurer, the President may act for him;
    4. select an independent Public Accountant, approved by the Board of Directors, to perform a certified annual audit of the Association's records and financial transactions; the treasurer will report the results of this audit along with any recommendations of the audit to the membership at the second quarter's semiannual meeting;
    5. present a complete financial report, including any recommendations to the membership at each semi-annual meeting; additionally, these books and records shall at all reasonable times be open to inspection by any and all members of the OAPE;
    6. deposit all monies received by the OAPE into an account at a bank approved by the Board of Directors;
    7. pay all bills and debts promptly;
    8. collect all dues authorized by the General Membership. Dues are to be paid pursuant to Article VI, Paragraph G of the Constitution; the Treasurer will notify the Secretary of any member who fails to meet their financial obligations to the Association;
    9. notify in writing any member found to be in arrears of dues or fines of automatic expulsion pursuant to Article VI, Paragraph G of the Constitution and By-Laws;
    10. provide a bond in an amount deemed appropriate by the Board of Directors; the bond shall be payable to the OAPE; the premium shall be paid by the Association; perform other duties as assigned by the President or the Board;
    11. the nominee for Treasurer shall be a full member for a minimum of three (3) years.

DIVISION VIII

Standing Committees

The Standing Committees shall consist of a Chairperson appointed by the President and not less than three nor more than five members. The Standing Committees are:

  1. Ethics and Grievance Committee
    1. Receives and expeditiously, fairly and impartially investigates all allegation of misconduct against members of the Association. All allegations shall be in writing, signed by the accuser and sent to the Chairperson of the Committee. The Committee shall not consider, investigate nor act upon any allegation which does not meet the criteria.
    2. The accused member shall have thirty (30) days from receipt of the allegation/charges to respond to the Chairperson. Failure to provide required information to the Grievance Committee shall be grounds for probation, suspension or termination of membership. Upon receipt of the response, the chairperson will determine if the allegations/charges are without merit and should be dismissed or whether disciplinary proceedings should be initiated.
    3. If disciplinary proceedings are initiated, the accused members shall have thirty (30) days from the date of notification by the Chairperson to request a hearing. Such request shall be in writing and addressed to the Chairperson. The Chairperson shall, within sixty (60) days, appoint a representative(s) of the Committee to conduct the hearing. The accused shall have the right to legal counsel or other advocate and may call witnesses to provide evidence on his or her behalf.
    4. Upon consideration of the evidence and testimony, within ten )10) days, the hearing representative(s) will submit their findings and recommendations to the Chairperson for submission to the full Committee for review and comment. The Chairperson shall be governed by a majority vote of the Committee and will notify the accused member of its findings and recommendations.
    5. If disciplinary action is recommended, the Chairperson will present the evidence and recommendations to members of the Board of Directors who will, by majority vote, determine disciplinary action to the taken against the member, and may censure, suspend or terminate membership in the Association.
    6. If the accused fails to request a hearing or fails to appear at a hearing subsequent to a request for such, the Committee may proceed with its investigation as deemed necessary to make a fair and impartial decision. The findings and recommendations will be provided to the accused and if disciplinary action if required, forwarded to the Board of Directors.
    7. Information obtained by the Grievance Committee is considered privileged and must not be released outside the Committee or Board of Directors.
    8. Performs other duties as assigned by the President of the Board of Directors.
  2. Membership Committee
    1. conducts background and character investigations on all applicants to determine if the applicant meets the standards outlined in the Constitution and By-Laws of this Association;
    2. examines the qualification of applicants for membership, and submits to the Board of Directors for approval, the names of all applicants whom the Committee finds meets the qualifications for the class of membership requested;
    3. performs other duties as assigned by the President and the Board of Directors.
  3. Seminar Committee
    1. The Chairperson may appoint other members to the Committee as necessary not to exceed the amount pursuant to Division VIII of the Constitution and By-Laws;
    2. is responsible for the training and education component of that meeting of the General Membership designated as the Semi-Annual Meeting/Seminar;
    3. performs other duties as assigned by the President and Board of Directors.
  4. Certification Committee
    1. shall administer the rules pursuant to the OAPE Certification Program;
    2. performs other duties as assigned by the President and Board of Directors.
  5. Awards Committee
    1. Identifies those persons who, through their unselfish and extraordinary efforts, promote and advance the best interest of the polygraph profession.
    2. The following are the current Award(s) offered by the Ohio Association of Polygraph Examiners, Inc.:
      1. John Carroll Memorial Award: for the unselfish efforts, devoted dedication to advance the ideals and goals of the OAPE.
      2. Richard O. Arther Award: for members who have consistently demonstrated strict adherence to the OAPE Code of Ethics, Standards and Principles and where the use of the polygraph was instrumental in solving a high profile criminal case or where the polygraphist was able to obtain a confession in a high profile criminal case when little or no evidence was available.

DIVISION IX

Ratification

These By-Laws shall take effect at the time the Constitution of the Ohio Association of Polygraph Examiners, Inc. (OAPE) is ratified and shall supersede all other By-Laws then in effect.