By-Laws

Updated October 15, 2022

ARTICLE I

The By-laws are the rules of the day to day operation of the Association that are approved by the Board of Directors and utilized until they are changed. The By-laws do not have to be voted upon by the membership.

ARTICLE II: Operational Committees

1. Purpose: To administer the goals of the Association.
2. Shall be established by the President as needed.
3. Chairperson to be appointed by the President of the Association. Chairperson shall appoint such members as necessary to perform the function of the Committee.
4. In addition to the duties as set forth below, Committees may be assigned other responsibilities by the Board of Directors.
   The Operational Committees shall be:
   1. Membership
   2. Standards, Research and Instrumentation
   3. Training and Seminar Planning
   4. Legislative
   5. Publications
   6. Welfare
   7. Certification
   8. PCSOT
   9. Elections
   10. Any other Committee necessary for the operation of the Association
5. Purpose and Duties
   1. MEMBERSHIP COMMITTEE
      1. Purpose: shall examine the qualifications of all applicants for all categories of membership. Shall verify that the applicant meets the requirements as set forth by the Constitution for the specific class of membership.
      2. Duties
         1. As required by the Constitution, shall verify graduation from school accredited by the APA for Intern and Full Membership.
         2. Shall verify information submitted by the Applicant.
         3. May require review of work product of Applicants for Intern and Full Membership, pursuant to Article V of the By-Laws of this Association.
         4. CAPE Board approved recommendations shall be presented to the membership for a vote during the CAPE Business Meeting.
         5. Applicants' name(s) will be published in the CAPE Newsletter and will be posted on the Members' side of the CAPE Web page for the membership's benefit as soon as practical.
         6. All documentation and findings shall be forwarded to the Secretary/Treasurer for retention in the member's file.
         7. CAPE applicants must be present at the CAPE Business Meeting.
   2. STANDARDS, RESEARCH AND INSTRUMENTATION COMMITTEE
      1. Purpose: To investigate those areas of science, technology and practice, which impact the validity, and reliability of the polygraph technique.
      2. Duties: Shall report the findings of said investigations to the Board and the general membership as appropriate.
   3. TRAINING AND SEMINAR PLANNING COMMITTEE
      1. Purpose: Is responsible for the internal and external training presentation given this Association.
      2. Duties:
         1. Shall recommend training and meeting sites.
         2. Shall recommend topics and speakers to the Board for their selection. Each seminar shall contain a minimum of six hours of polygraph related instruction.
         3. Shall present to the Board estimated costs and seminar fees.
         4. Handle any Certification requirements and conditions.
   4. LEGISLATIVE COMMITTEE
      1. Purpose: To establish and maintain liaison as it deems necessary to protect and promote the best interests of the Association before the State Legislature.
      2. Duties: Report activities to the Board and Membership as deemed appropriate.
   5. PUBLICATION COMMITTEE
      1. Purpose: To publish and disseminate information necessary to the membership.
      2. Duties: Shall publish a newsletter not less than every four months and not less than sixty days prior to scheduled seminar meetings. This shall include seminar information, Presidents message, seminar registration forms, names of applicants for membership and other information of interests to the membership. Shall publish an annual membership directory of current members in good standing.
   6. WELFARE COMMITTEE
      1. Purpose: To promote and maintain the general welfare of the Association.
      2. Duties:
         1. Shall be the contact person regarding the ill health of the Association members.
         2. Shall notify the membership of said contacts and provide appropriate support, with the approval of the President.
         3. Shall provide fund raising activities.
   7. MANDATORY CONTINUING EDUCATION COMMITTEE
      1. Purpose: To identify those practicing polygraph examiners who strive to meet the established professional standards and continue to improve their professionalism through continuing education.
      2. Definitions:
         1. CODE OF CONDUCT: All references in this certification program refer to the Code of Conduct adopted by CAPE.
         2. CONTINUING EDUCATION: Continuing education is that education that is intended to enhance the proficiency of the attending examiner. Course curriculum developed by the training presenters must have the prior approval of the Board of Directors of CAPE. Credit hours shall be recognized for the actual period of polygraph related training.
         3. CAPE TRAINING SEMINAR: The reference to "CAPE Training Seminar" makes reference to the training conferences presented annually.
         4. MEMBERSHIP STATUS: In order to maintain active status in the certification program, the polygraph examiner must maintain membership status. The certification status and the membership status must coincide
         5. ADMINISTRATION: The Board of Directors of CAPE will be responsible for the administration of the certification program.
   8. POST-CONVICTION SEX OFFENDER TESTING (PCSOT) COMMITTEE:
      1. Purpose: To establish standards of conduct for CAPE members conducting sex offender polygraph testing in California.
      2. Duties:
         1. Establish and maintain performance standards for CAPE members conducting sex offender polygraph testing in California.
         2. Maintain a listing of CAPE members who have demonstrated sustained proficiency in sex offender polygraph testing.
         3. Represent CAPE in meetings involving California state legislative and regulatory bodies with regard to sex offender testing.
         4. Include continuing education training topics for CAPE members at the Association's regularly scheduled training conferences.
         5. Provide input to the President and other Operational Committees of the Association as appropriate.
   9. ELECTIONS COMMITTEE:
      1. Purpose-Ensure elections are in accordance with Article X of the Constitution
      2. Duties:
         1. The Past President having served the earliest term will serve as Chair.
         2. The Elections Committee will vet the candidates in accordance with the requirements of Article X of the Constitution.
   10. ANY OTHER COMMITTEE NECESSARY FOR THE OPERATION OF THE ASSOCIATION.

ARTICLE III: Grievances

1. Any person may bring allegations of misconduct by any member of this Association before the Ethics Committee.
2. All allegations of misconduct shall be submitted, in writing to the Secretary/Treasurer.
3. Upon receipt of an allegation of misconduct against any member of this Association, the Secretary/Treasurer shall maintain the original document and, within ten (10) days, forward a copy to the Ethics Committee Chairperson. Thereafter, the chairman of the Ethics Committee shall act in accordance with requirements of Article XI, Section B, 1. of the Constitution.

ARTICLE IV: Financial Matters

1. No single expenditure in excess of $5,000.00 shall be authorized or made without the express consent of the general membership.
2. The total expenditures authorized by the Board between regularly scheduled meetings of the general membership shall not exceed the sum of $5,000.00.
3. The President or the President's designee shall be authorized expenditures up to $1,000.00 without the consent of the Board.
4. Expenditures over $1,000.00 and up to $5,000.00 shall be made with either the consent of the Board or the general membership in accordance with the above.
5. Standing Operational Committees shall be authorized expenditures by the President.
6. Any travel of the Board for CAPE business shall be reimbursed based on the following guidelines
   1. Travel must be approved by the President.
   2. CAPE will cover economy fares for traveling and follow Per Diem rates for meals. CAPE will not cover entertainment expenses such as alcohol.
   3. The Individual representing CAPE must submit itemized receipts.

ARTICLE V: Membership Requirements

1. Associate Member:
   1. Proof of graduation from an American Polygraph Association accredited school.
   2. Successfully complete a background investigation conducted by the Membership Committee.
   3. Be present and accepted into CAPE membership by a majority vote of the voting CAPE members present during a CAPE general membership meeting.
2. Full Member:
   1. Proof of graduation from an American Polygraph Association accredited school.
   2. Successfully complete a background investigation conducted by the Membership Committee.
   3. Pass a written examination administered by the Membership Committee.
   4. Provide documentation of a minimum of one hundred (100) polygraph examinations.
   5. Be accepted into Full CAPE membership by a majority vote of the voting CAPE members present during a CAPE general membership meeting.
3. Certified Examiner
   1. Full or Life member in good standing of CAPE.
   2. Graduation from a formal polygraph training school recognized and approved by the American Polygraph Association (APA).
   3. Completion of thirty (30) hours of continuing professional education in polygraph technique and instrumentation during the past two (2) years that is approved by American Polygraph Association (APA) and the Board of Directors of the California Association of Polygraph Examiners (CAPE).
   4. Certification must be renewed after two years.