CALIFORNIA STATE DIVISION INTERNATIONAL ASSOCIATION FOR IDENTIFICATION
ADOPTED AND APPROVED
April 30, 2014, Riverside, California
Catherine Kibbey Cindy Hull
Secretary-Treasurer President 2014-2015
APPLICATION FOR MEMBERSHIP
Section 1 – APPLICATION FOR MEMBERSHIP
A. All applications for Active or Associate Membership shall be made upon the official application form of the Association.
B. The applicant must be recommended and the information provided on the application be verified and endorsed by a member of good standing in the Association.
C. The application shall be forwarded to the Secretary-Treasurer together with payment of the processing fee and dues in the amount set forth in Article II (Dues, Fees, and Assessments), Sections 1-A and 1-B, of these Bylaws.
D. The application shall be processed as prescribed by Policy I-A (Processing of Membership Applications) of this Association.
E. The receipt of an application, signed by a majority of the Membership Committee, by the Secretary-Treasurer will constitute acceptance of the applicant as a member of the Association. The Committee shall certify to the President and Secretary-Treasurer that such applicant is well qualified and entitled to Membership in the Association.
F. Secretary-Treasurer will record the data, and send a membership card, a membership certificate, a copy of the Constitution and Bylaws, and a copy of the Code of Ethics to the new member.
Section 2 – REJECTION OF APPLICATION FOR MEMBERSHIP AND APPEAL
A. If the applicant is rejected by a majority of the Membership Committee, the Secretary-Treasurer shall remove the applicant's name from the Digest mailing list and return the applicant's dues.
B. The applicant may appeal the decision of the Membership Committee to the membership during the Business Meeting at the next annual seminar. The members may, by a two-thirds vote, over- rule the decision of the Membership Committee.
C. A vote of the members to overrule the Membership Committee shall constitute acceptance of the applicant as a member of the Association. The Secretary-Treasurer, upon receipt of the annual dues, will provide the membership documents prescribed in Article I (Application for Membership), Section 1-F of these Bylaws, before the close of the seminar, if possible, but no more than 30 days after the close of the seminar.
FEES, DUES, AND ASSESSMENTS
Section 1 – MEMBERSHIP FEES AND DUES
A. The membership application-processing fee shall be an amount determined by the Executive Committee and is not refundable.
B. The annual dues of Active and Associate members shall be $45.00, and in all cases shall be due and payable on January 1 of each year.
C. No member or applicant for membership shall be exempt from the payment of the membership processing fee or dues except Honorary Members. Life Members shall be exempted from paying all annual dues.
D. Dues paid to the Association between January 1 and September 30 shall be applied to the dues for that calendar year only. Dues paid between September 30 and December 31 shall apply to the following calendar year.
Section 2 – DEMIT OF MEMBERSHIP
Any Member in good standing may at any time request and receive from the Association, a demit of membership, thus being suspended from all activities of the Association and relieved from payments of dues and assessments.
Section 3 – DELINQUENT DUES
A. Any member whose annual dues have not been received before February 1 of each year is delinquent and their name will be removed from the Digest mailing list.
B. Delinquent members forfeit the right to participate in the election of officers or voting for changes to the Constitution and Bylaws in the year they are delinquent. The Secretary-Treasurer shall immediately notify the delinquent members of their status and ineligibility to vote by mail- in ballots. The Secretary-Treasurer shall also notify the Executive Committee.
C. A late fee of $20.00 shall be imposed on dues paid after the date, set in Article II, Section 3-A (Delinquent Dues), that a member becomes delinquent.
D. Members paying their delinquent dues and late fees, set by Article II, Section 3-C (Delinquent Dues), in full, before April 30, in the same year in which they have become delinquent, will be restored to full membership status.
E. Members whose delinquent dues have not been received before April 30, in the same year in which they have become delinquent, will be automatically dropped from membership.
Bylaws – Article II – Section 3
F. The Secretary-Treasurer shall publish in the March April issue of the Digest, the names of the members who will be dropped from the membership on that date.
G. Failure to publish the list in either instance shall not affect the operation of any of the foregoing subsections.
Section 4 – MEMBERSHIP REINSTATEMENT
A. In the event a member is dropped for nonpayment of dues as provided for in Article II, Section 3-E (Delinquent Dues), the member shall be reinstated only by action of the Membership Committee upon written request for reinstatement and/or conditions as may be imposed by the Membership Committee. The member, upon being reinstated, must be assigned a new membership number.
B. When a member in good standing has resigned or has terminated membership, in accordance with Article II, Section 2 (Demit of Membership), and now desires to be reinstated, they shall submit an application for membership to the Treasurer. The application will be forwarded to the Membership Committee as provided for in Article I (Application for Membership). The member, upon being reinstated, must be assigned a new membership number.
Section 5 – ASSESSMENTS
A. The Executive Committee is empowered, by unanimous vote only, to levy assessments upon the membership when, in its judgment, the needs of the Association require such action.
B. No member shall be exempt from the payment of assessments except Honorary Members.
Section 1 – ELECTION OF OFFICERS
A. The election of officers shall be conducted in accordance with Article IV (Voting) of these Bylaws.
B. Plurality is necessary to be elected to all offices.
C. If more than two candidates are nominated, the candidate receiving the greater vote (plurality) shall be elected.
Section 2 – DUTIES OF THE DEANS
A. The Deans shall assist the President and the Executive Committee in conducting the business of the Association.
B. The Dean of the North and the Dean of the South shall share oversight responsibility of the Nominations Committee.
Section 3 – DUTIES OF THE PRESIDENT
A. The President shall preside or be present at all meetings of the Association and shall preserve order and decorum. The President shall carefully supervise the affairs of the Association and labor for its usefulness and efficiency.
B. The President shall appoint all standing and special committees unless otherwise provided for in the Constitution and Bylaws of this Association.
C. The President shall appoint members to fill all vacancies in office caused by death, resignation, or other causes during the recess of the Association. All such appointments are to be made and confirmed in accordance with Article III, Section 5 (Vacancy in Office) of the Constitution of this Association.
D. The President shall receive allowances not to exceed $200.00 for necessary expenses while attending the annual seminar of the Association.
Section 4 – DUTIES OF THE VICE PRESIDENTS
A. The 1st Vice President shall act as the presiding officer of the Association during the temporary absence or disability of the President. The 2nd and 3rd Vice Presidents shall, in their numerical order, act as presiding officers if the 1st Vice President is temporarily unable to act as presiding officer.
B. The 1st Vice President shall automatically succeed to the office of President in the event of death, disability, resignation or removal from office of the President and serve the unexpired term thereof.
Bylaws – Article III – Section 4
C. In like circumstances, should the 1st Vice President be unable to carry out the duties impose by these Bylaws by reason of death, disability, resignation or removal from office, then the other Vice Presidents, in their numerical order, shall succeed to the office of President or Vice Presidents next in line of succession.
D. The 1st Vice President shall be responsible for oversight of the Audit and Finance Committee and the Resolutions Committee; and shall serve as the Chairperson of the Ethics and Investigations Committee, should one be impaneled.
E. The 2nd Vice President shall be responsible for oversight of the Certification and Training Committee, the Science and Practices Committee, and the Scholarship Committee.
F. The 3rd Vice President shall be responsible for oversight of the Laws and Legislation Committee and the Membership Committee.
Section 5 – DUTIES OF THE SERGEANT-AT-ARMS
The Sergeant-at-Arms shall have command of the door at all closed meetings of the Association and will permit no one to enter who is not properly qualified. The Sergeant-at-Arms shall assist the President in preserving order and will perform such other duties as the President may direct. The Sergeant-at-Arms shall also serve as the Chairperson of the Credentials Committee.
Section 6 – DUTIES OF THE EDITOR
A. The Editor shall receive all articles and items of interest to the members, edit such articles and items as necessary, and publish them in the California Identification Digest or other publication designated for that purpose. The Editor shall secure such other beneficial publicity for the Association.
B. The Editor shall publish the Digest and distribute it to all members. At the direction of the President, the Editor may be aided by others designated as Assistant Editor(s) in fulfilling this duty.
C. The Editor shall be responsible for oversight of the Press and Complements Committee.
Section 7 – DUTIES OF THE SECRETARY-TREASURER
A. The Secretary-Treasurer shall receive all monies due the Association and keep an accurate account of all receipts and disbursements.
B. The Secretary-Treasurer shall issue to each member upon payment of dues, a membership card, which will bear the imprint of the year for which issued and the imprint of the Official Seal of the Association.
C. The Secretary-Treasurer shall be responsible for securing a suitable plaque to be presented to the outgoing President at the annual seminar.
Bylaws – Article III – Section 7
D. The Secretary-Treasurer shall draw all warrants, sign the same and cause such warrants to be approved and countersigned by the President. Expenditures of the Association shall be restricted to:
1. Necessary office supplies and equipment.
2. Food and lodging for officers, committee members and members whose presence is required at Executive Committee meetings.
3. Allowances and expense as provided elsewhere in the Bylaws.
4. An allowance not to exceed $50.00 for a Memorial to a charitable or research organization at the death of a member of this Association unless otherwise directed by the Executive Committee.
5. Expenditures not specified in these By-Laws shall require approval of the Executive Committee.
E. The Secretary-Treasurer shall receive an allowance not to exceed $200.00 for any necessary expenses while attending the annual seminar of this Association. The Secretary-Treasurer shall also receive an annual expense account, in an amount to be included in the budget by the Executive Committee, for expenses incident to the duties of the office of Secretary-Treasurer, which shall not be construed as salary and will not require detailed accounting by the Secretary- Treasurer.
F. The Secretary-Treasurer shall submit a financial report at the annual seminar and mid-year Executive Committee meeting. The Secretary-Treasurer shall submit a report regarding the Association's other assets and property at the annual Business Meeting.
G. The Secretary-Treasurer shall serve as a member of the Credentials Committee.
H. The Secretary-Treasurer shall furnish such bonds for the faithful performance of these assigned duties as the Executive Committee may require.
Section 8 – DUTIES OF THE DIRECTORS
A. The Directors shall attend all Executive Committee meetings, assist in the formulating of the business affairs of the Association and assist the President in conducting the annual training seminar, and act as liaison between the membership and Executive Committee.
B. The Directors shall serve as Chairpersons and Vice Chairpersons of committees, in accordance with Article V (Committees) of the Bylaws of this Association. The Senior Directors, those serving the second year of their term in office, shall be appointed as Chairpersons to the designated committees. The Junior Directors, those serving the first year of their term in office, shall be appointed as Vice Chairpersons of the designated committees.
C. The Junior Directors, during their term as a Senior Director, shall be appointed to serve as Chairperson of the committee on which they served as Vice Chairperson.
Bylaws – Article III – Section 8
D. The appointments of the Chairpersons and Vice Chairpersons shall be made in a manner by which the Chairpersons will alternate between the Northern and Southern parts of the State.
Section 9 – DUTIES OF THE PARLIAMENTARIAN
A. The Parliamentarian shall see that the rules contained in "Robert's Rules of Order" govern the Association in all cases to which they are applicable, and where they are not inconsistent with the Constitution or By-Laws of this Association.
B. The Parliamentarian shall assist the President or presiding officer in matters relating to such rules at meetings of the Association or the Executive Committee.
C. The Parliamentarian shall receive, evaluate and submit to the Executive Committee any proposed changes or additions to the Constitution or Bylaws of this Association.
Section 10 – DUTIES OF THE HISTORIAN
The Historian shall search out, collect, and have custody of all items of historical interest to the Association. The Historian shall identify and record each item and acknowledge the donor of each.
At the direction of the President, the Historian shall exhibit such historical items at the annual seminars of the Association.
Section 11 – DUTIES OF THE RECORDING SECRETARY
The Recording Secretary shall keep an account of the proceedings of the seminars and meetings of the Association and submit them in writing to the Editor for publication in the California Identification Digest within 30 days of the close of such seminar or meeting.
Section 12 – DUTIES OF THE CHAIRPERSON OF THE EXECUTIVE COMMITTEE
A. The Chairperson of the Executive Committee shall preside at all the meetings of the Executive Committee.
B. The Chairperson shall serve as a mentor to the President and provide any assistance and counsel to the Association that the Chairperson deems necessary and appropriate.
Section 1. Any measure requiring a vote shall be submitted to the Executive Committee and upon its recommendation put before the general membership for a vote. Any measure may be approved by the vote of at least a majority of the members entitled to vote, unless otherwise indicated by the ballot or the election official.
Section 2. Voting shall be restricted to one vote per member entitled to vote. There shall be no cumulative voting.
Section 3. Any action, which may be taken at any regular or special meeting of the members, may be taken without a meeting by distribution of a paper ballot or online ballot to every member entitled to vote on the matter. Such paper ballot or online ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of any proposal, and may provide a reasonable time within which to return the ballot to the Association or vote online.
Section 4. Voting for elected officers of this Association and all amendments to the Constitution and Bylaws of this Association shall be by paper ballot or online ballot, rather than as part of the Annual Business Meeting; EXCEPT, a vote to fill a vacancy for an elected officer position or to break a tie vote can be made at the Annual Business Meeting.
The paper ballot or online ballot pursuant to this Section shall be valid only when the number of votes cast within the time period specified equals or exceeds the number established as the quorum for a meeting of the members. Paper ballots or online ballots may not be revoked.
Section 5. Voting on all other matters of issue that are raised at any meeting of the members of this Association will be in the manner designated by the presiding officer or recognized chairperson of the meeting.
Section 6. All solicitations of votes by paper ballots or online ballots shall: (1)indicate the number of responses needed to meet the quorum requirement; (2)with respect to ballots other than for election of officers, state the percentage of approvals necessary to pass the measure or measures; and (3) specify the time by which the ballot must be received in order to be counted.
Section 7. The Executive Committee, in connection with any regular or special meeting of members or paper ballot or online ballot, may fix the record date for the purpose of determining the members entitled to receive notice or to vote or exercise any right of membership in respect to any lawful action. The record date shall not be more than sixty (60) nor less than ten (10) days before the date of the meeting or the day on which the paper ballot is to be mailed or access to the online ballot is provided. If no record date is fixed, the record date shall be thirty (30) days in advance of the meeting, or in the case of action by paper ballot without a meeting, the day on which the first paper ballot is mailed, or in the case of action by online ballot, the day on which access to the online ballot is provided.
Section 8. The Association shall maintain a current record containing the names, addresses and voting rights of the members of the Association. Changes in membership shall be recorded, together with the date on which the membership changed. The membership records shall be available for inspection and copying only by the officers, directors and — for a purpose reasonably related to his or her interest as a member — members of the Association and such other persons as the Executive Committee may from time to time authorize, and no other persons. Such inspection and copying may occur at reasonable times, upon five business days prior written demand upon the Association, which demand shall state the purpose for which the inspection rights are requested; or the membership records may be made available as otherwise provided by law or as reasonably determined by the Executive Committee. However, the membership record is a corporate asset and, without the consent of the Executive Committee, may not be used by any person for any purpose unrelated to a member's interest as a member.
Section 9. No member may vote on any issue by proxy. All votes must be cast by the individual member personally.
Section 10. The official ballot of this Association will be sent by paper ballot or online ballot and contain the information set forth in this Section. The words “California State Division, International Association for Identification" will be printed at the top of the ballot. The words “Official Ballot” will be prominently printed at the top of the ballot below the Association’s name. The words “Election of Officers” or “Amendments to the Constitution and Bylaws,” and the year in which the vote is occurring, will be printed immediately below the words “Official Ballot” at the top of the ballot.
Section 11. The Chairperson of the Nominations Committee shall prepare the draft of the ballot of nominees for the officer positions, and the Parliamentarian shall prepare a draft of the ballot of the amendments to the Constitution and Bylaws to be voted upon.
Section 12. The Secretary-Treasurer will provide the Chairperson of the Nominations Committee and the Parliamentarian with a mailing list of the members who are eligible to receive a ballot(s) and vote.
Section 13. For a paper ballot, online ballot, or at a membership meeting, a quorum shall consist of 40 voting members. If there is no quorum at the opening of the Annual Business Meeting, such meeting shall be immediately adjourned without further notice until a quorum is present.
Section 1 – Committee Oversight
Those officers, who have been assigned the duty of Committee Oversight in accordance with Article III (Officers) of the Bylaws of this Association, shall:
1. Maintain contact with the chairpersons of the committee(s) for which they have been assigned oversight.
2. Advise, facilitate, and provide any other appropriate assistance to the committee(s) for which they have been assigned oversight.
3. Ensure that the committee(s) are performing their duties in accordance with the Constitution and Bylaws of this Association; Policies and Procedures approved by the Executive Committee; and/or written instructions from the President, the Executive Committee; or the Membership.
4. Ensure that all manuals and other documents, related to the business of a committee are provided to the chairperson of the respective committee. When appropriate, that documents related to the business of a committee are placed into the business files or historical files of the Association.
Section 2 – AUDIT AND FINANCE
There shall be two Audit and Finance Committees: (1) the Association Audit and Finance Committee; and, (2) the Seminar Audit Committee, each having a specific area of responsibility.
A. The Association Audit and Finance Committee
1. The Association Audit and Finance Committee shall consist of a Senior Director, who shall serve as Chairperson; a Junior Director, who shall serve as Vice Chairperson; and three members. The Committee shall audit all financial accounts of the Association semi- annually, or at the order of the Executive Committee, and shall report to the membership assembled or to the Executive Committee. In addition to conducting an audit of all financial accounts of the Association, the Audit and Finance Committee members shall develop and review the investment strategies of the Association and make recommendations to the Executive Committee.
2. The members of the Audit and Finance Committee shall be appointed for three years, with a member representing each of the three geographical areas as defined in Article VI, Section 4 (Geographical Representation - Northern, Mid-state, and Southern Areas) of the Constitution of this Association.
Bylaws – Article V – Section 2
B. The Seminar Audit Committee
The Seminar Audit Committee, consisting of two or more Past Presidents, shall audit the financial records of each Annual Seminar and report to the Executive Committee at the Midyear meeting following the Seminar.
C. Seminar Fiscal Committee
1. The Seminar Fiscal Committee shall consist of the Chairperson of the Executive Committee, who shall serve as the Chairperson, and three members. The members will be Past Presidents or other persons familiar with the financial aspects of this Association's training seminars. The members shall be appointed to a term of three years and in accordance with Article VI, Section 4 (Geographical Representation), of the Constitution of this Association, unless a qualified member from the given area is unavailable.
2. The Seminar Fiscal Committee shall assist the Vice Presidents in the financial planning of their respective seminars, including all contracts with hotels and suppliers. The Chairperson of the Executive Committee, as the representative of the Executive Committee, and the respective seminar Vice President, shall sign the contract with the site hotel.
Section 3 – CERTIFICATION AND TRAINING
A. The Certification Committees
1. There shall be three Certification Committees. One shall be designated the Latent Print Examiner Certification Committee. One shall be designated the Crime Scene Investigator Certification Committee, and the third shall be the Ten Print Fingerprint Certification Committee.
2. The committees shall have three members each of who shall represent one of the three geographical areas as defined in Article VI, Section 4 (Geographical Representation - Northern, Mid-state, and Southern Areas) of the Constitution of this Association.
3. The President shall appoint to the committees members who are active in the California State Division of the International Association for Identification; who have been certified; and whose employment has actively engaged them in the respective vocation addressed by the committee to which they are to be appointed within a one year period prior to their appointment. Confirmation of the appointments shall be by a two-thirds vote of the Executive Committee.
4. Members of the Certification Committee shall be appointed for three years. The member who is serving their last year on the Committee shall serve as Chairperson.
B. Duties of the Committees
Each committee will execute their responsibilities in accordance with the provisions set down by the appropriate International Association Certification Board.
Bylaws – Article V – Section 3
C. Duties of the Committee Chairpersons
1. The Chairpersons shall receive the approved applications from the appropriate International Certification Board and notify the proper Certification Committee member.
2. The Chairpersons will keep a record of the applications received and submit a written report of same received during their term as Chair and at completion of their term, forward the report to the Secretary-Treasurer for retention in the Association files.
3. The Chairpersons will prepare the billing for the Association's share of the applicable certification fees and submit the billing to the Secretary-Treasurer of the International parent body, directing that the amount due be remitted to this Association. A copy of the billing of the International will be sent to the Division Secretary-Treasurer.
D. Duties of the Committee Members
Each committee member shall perform the following duties within the geographical area they represent.
1. Provide information and assistance to the applicants or those interested in applying for certification.
2. Schedule and proctor all practical, oral or written tests which may be required.
3. Make all notifications as required.
4. Perform all other duties as required by the policy and procedures of their respective Certification Committee and Board.
E. Duties of the Secretary-Treasurer
1 The Secretary-Treasurer will receive, annually, the written report from the Committee Chairpersons and will retain the report in the Association files.
2. The Secretary-Treasurer shall document all Certification Committee revenues and expenditures separate from all other Association business.
F. Duties of the Editor
1. The Editor shall publish the name and employer of all certification applicants in the Digest. Publication shall take place at least one month prior to final approval of the applicant for certification.
2. The Editor shall publish a yearly list of all Latent Print Examiners and Crime Scene Analysts or Technicians who were certified through the California State Division.
Bylaws – Article V – Section 3
Travel, lodging and subsistence expenses incurred by Certification Committee Members for certification purposes shall be paid by the California State Division, upon approval of the President. Lodging and subsistence will be calculated at the current allowable IRS travel allowance, but only if the committee member uses their own private vehicle.
Section 4 – CREDENTIALS
The Credentials Committee shall consist of the Sergeant-at-Arms, who shall serve as the Chairperson, and the Secretary-Treasurer, and such other members in good standing whom the President may appoint. The Committee shall determine the eligibility of members, who are present at the Business Meeting at the annual training seminar and at Executive Committee meetings.
Section 5 – LAWS AND LEGISLATION
The Laws and Legislation Committee shall consist of three or more members. The Committee shall obtain copies of and consider any and all laws passed by or pending before Federal, State or Local legislative bodies which relate to law enforcement. The Committee will report to the Executive Committee during the recess of the Association if required to do so by the urgency of the legislation possibilities or by order of the Executive Committee. This report shall be accompanied by recommendations and submitted at the annual training seminar.
Section 6 – MEMBERSHIP
The Membership Committee shall consist of three or more Active or Associate Members. This committee shall process all applications for membership in this Association as outlined in Policy and Procedure I-A of this Association.
Section 7 – NOMINATING
A. The Nominating Committee shall be consist of a Senior Director, who shall serve as Chairperson; a Junior Director, who shall serve as Vice Chairperson; and two or more other members, as the President may designate.
B. The committee shall nominate at least one eligible member for each of the elective offices of the Association in accordance with Article III (Officers), Section 1 (Titles), Section 2 (Selection To and Term of Office), Section 3 (Division - North and South), Section 4 (Succession of Officers), and Section 8 (Eligibility) of the Constitution of this Association.
C. Any Life, Active or Associate Member, in good standing, may nominate candidates for any office. Such nominations shall be in compliance Article III, Section 3 (Division - North and South) and Section 9 (Eligibility)
D. All nominations must be receive by the Nominations Committee and the nominees must provide the Nomination Committee with resume and a photograph on or before February 14 of the year the voting will be conducted.
Bylaws – Article V – Section 7
E. The Nominations Committee will validate the candidates, in accordance with Article VI, Section 7-B (Nominating Committee) of these Bylaws, and submit the Committee's report, and the nominees’ resumes and photographs to the Editor on or before March 1.
F. The Editor will publish the list of nominees, their resumes, photographs, and any other statements prepared by the nominees in the March and April issues of the Digest.
Section 8 – PRESS AND COMPLIMENTS
The Press and Compliments Committee shall consist of three or more members who shall take care of the publicity of the Association during the annual seminar and recess by contacting radio, television and newspapers.
Section 9 – RESOLUTIONS
A. The Resolutions Committee will consist of a Senior Director, who shall serve as Chairperson; a Junior Director, who shall serve as Vice Chairperson; and two or more other members to draw up and pass upon resolutions or Certificates of Appreciation submitted by members for consideration and vote of the members during the Business Meeting at the annual seminar.
B. The Committee shall administer the George T. Pletts Meritorious Service Award.
C. The Committee shall prepare and administer policies and procedure, in accordance with Article VIII (Policies and Procedure) of these Bylaws, for the purpose of establishing the following:
1. Criteria for selecting nominees for the award.
2. Procedures for selecting nominees.
3. The method of selecting the recipient by the Executive Committee.
4. The type and design of any awards, plaques, or certificates to be given.
5. Designate the person or persons responsible for preparing or having the awards, plaques and certificates prepared.
Section 10 – SCHOLARSHIP
A. The Scholarship Committee shall administer the William A. Snare Scholarship Fund.
B. The Committee shall consist of six members, which will include a Senior Director, who shall serve as the Chairperson; a Junior Director, who shall serve as Vice Chairperson; three members appointed by the President; and a Past President.
C. Appointments made by the President will be for three years. Confirmation of the members appointed by the President shall be by a two-thirds majority of the Executive Committee.
Bylaws – Article V – Section 10
D. Each member appointed by the President shall represent one of the areas of the States of California and Nevada as defined in Article VI, Section 4 (Geographical Representation - Northern, Midstate, and Southern Areas) of the Constitution of this Association.
E. The Past President shall be elected for a one-year term by the Past Presidents in attendance at the annual training seminar.
F. The duties of the Committee shall be the preparation and administration of policies and procedures, in accordance with Article VIII (Policies and Procedures) of these Bylaws, for the purpose of establishing the following:
1. Methods of generating income for the Fund.
2. Categories for which awards may be made.
3. Minimum qualifications for applicants.
4. Criteria for the selection of recipients and the amount of each award.
G. The Secretary-Treasurer shall document all Scholarship Fund revenue separate from other Association business.
Section 11 – SCIENCE AND PRACTICES
A. The Sciences and Practices Committee shall consist of three or more members. The Committee shall be empowered to add to its membership any suitable person.
B. The Committee may be called upon at any time to consider various products, procedures or problems which may be directed to the President, Chairman of the Sciences and Practices Committee or Secretary-Treasurer by members, in writing, of the Association. The following outlines the procedures to be followed by the committee:
1. If the matter pertains to a product, and is deemed to come within the scope of this committee, the committee will examine the product and announce the existence of the same in the Digest.
2. If the matter pertains to a procedure, the committee will consider the subject and may request the author to prepare an article describing the procedure for publication in the Digest.
3. If the matter pertains to a problem, the committee will study the particular problem in its entirety, and subsequently report on the matter to the author and the Association. The category of the problem may include inquiries for information, questionable articles appearing in the news media, and all other questions, which are of interest to the Association.
Bylaws – Article V – Section 11
4. In the case of a difference of opinion among members of the committee, the matter shall be submitted to the Executive Committee along with the comments and judgments of the members of the Science and Practices Committee. The Executive Committee will rule on what, if any, position the Association will take on the matter. The decision of the Executive Committee may be appealed to the membership during the Business Meeting at the next annual training seminar.
C. Subject material under consideration and review may be submitted to the Editor, in writing, for inclusion in the Digest so that all members may be aware of the product, procedure, or problem.
Section 1 – PROCEDURES FOR HANDLING DISPUTES
A. When a dispute is brought to the attention of the President, the President shall, within 15 days, determine what, if any, action is warranted by the Association and notify the Executive Committee and the parties to the dispute of the nature of the dispute and the action to be taken.
B. The President may, depending on the nature of the dispute:
1. assign a Vice President to act as an Arbitrator.
2. assign an Arbitration Board which will consist of a Vice President and two other elected officers.
3. request the Chairperson of the Executive Committee to convene a special session of the Executive Committee.
C. When the President's decision is to provide arbitration, the person or persons assigned shall contact the disputing parties within five days of being assigned as Arbitrator. The parties shall have 30 days from the date contacted to submit written information or to meet with the arbitrator(s) and provide testimony. The Arbitrator(s) will render a decision and inform the President, the Executive Committee and the parties involved of the decision within 35 days of contacting the disputing parties.
Section 2 – RIGHTS OF APPEAL
A. Any party to the dispute may appeal either the President's decision not to arbitrate the dispute or an Arbitrator's decision to the Chairperson of the Executive Committee. The Chairperson shall render a decision to sustain or over-rule the decision, which is being appealed.
B. If the Chairperson over-rules the decision a special session of the Executive Committee must be convened between 30 to 45 days of mailing the notifications of the over-ruling.
C. The Executive Committee may review the existing information, receive a verbal report from the arbitrator and receive further written or oral testimonies from the parties involved and render their decision before adjourning. Written notification of the Committee's ruling will be mailed within five days.
D. The decision of the Executive Committee maybe appealed to the membership at the next annual Business Meeting. A majority vote is required to over-rule the Executive Committee's decision.
INVESTIGATIONS OF ALLEGED MISCONDUCT
Section 1 – SUBMISSION OF ALLEGATIONS, INVESTIGATION, AND REVIEW
The following process shall apply to any allegations of unethical or wrongful conduct in violation of Article VIII (Standards of Conduct) of the Constitution of this Association against any Member of the Association.
A. Any Life, Active or Associate Member of the Association wishing to make an allegation of misconduct against any other Life, Active or Associate Member shall submit a written complaint to the President of the Association.
B. The Science and Practices Committee, upon receipt of a complaint from any other source concerning the professional conduct of a member shall, through it's Chairperson, refer the complaint in writing to the President.
C. The complaint must include the following: the name and contact information of both the Complainant and the individual accused of misconduct; specify the act(s) in violation of the rules of the Association or Code of Conduct; provide a factual base for the allegation(s) along with any necessary documentation or other supporting materials or information.
D. Within fifteen (15) business days of receipt of the Complaint, the President shall review, in consultation with any member(s) of the Executive Committee the President deems appropriate, the Complaint to determine if it includes the necessary elements required by Subsection 1-C, Article VII of the Bylaws. If the President determines that the Complaint is not in compliance with Subsection 1-C, then, citing the specific deficiency(ies), the President shall notify the Complainant that the Complaint will not be considered as submitted, and that the Complaint may be resubmitted in fifteen (15) business days.
E. Once a Complaint is determined to comply with Subsection 1-C, Article VII of the Bylaws, the President, in consultation with any member(s) of the Executive Committee the President deems appropriate, shall have fifteen (15) business days to appoint an Investigation Committee, in accordance with Article IX (Investigations of Alleged Misconduct) of the Constitution of this Association and submit the allegation for investigation.
F. Concurrent with the appointment of an Investigation Committee shall inform the individual named in the Complaint that a Compliant against the individual has been submitted and will be investigated. The individual being investigated shall be provided with a copy of the Complaint, all supporting documentation, and the Association Code of Conduct and/or the specific section of the Constitution and Bylaws, which are alleged to have been violated.
G. The Investigation Committee shall strive to issue a report of its findings to the Chairperson of the Executive Committee within ninety (90) business days of being appointed.
Bylaws – Article VII – Section 1
H. The Chairperson of the Executive Committee shall present the allegation and findings to the Executive Committee within ten (10) business days of receipt. The Chairperson of the Executive Committee shall notify the Complainant and the individual named in the Complaint that findings of the Investigative Committee has been submitted for review by the Executive Committee and that both parties will be notified within thirty (30) business days of the Executive Committee’s decision.
I. The Executive Committee shall review the allegation and findings submitted by the Investigation Committee. If the Executive Committee determines by majority vote that the allegation is unfounded, it shall be dismissed and the accuser so notified.
J. An allegation, which has been determined to be unfounded, may not be resubmitted unless additional evidence, which was not reasonably available upon the first submission, is presented. It shall be within the sole discretion of the President to determine if the additional evidence is sufficient to warrant additional investigation.
K. If the Executive Committee determines that the allegation is sustained, it shall give the accused the opportunity to be heard and confront the accuser as set forth in Article VII, Section 2 of these Bylaws
Section 2 – DUTIES OF THE EXECUTIVE COMMITTEE; RIGHTS OF THE ACCUSED; AND THE CONDUCT OF THE HEARING
A. The Executive Committee shall have the power and responsibility to conduct a hearing concerning any matter submitted pursuant to Article VII, Section 1 (Submission of Allegations, Investigation, and Review) of these Bylaws.
B. Upon a determination that an allegation of misconduct is sustained, the Chairperson of the Executive Committee shall send a copy of the allegation and Investigation Committee report to the accused by Certified Mail, Return Receipt Requested.
C. The accused shall have thirty (30) business days from the date the allegation and findings are received to submit a written response to the allegation and findings.
D. Upon receipt of the written response of the accused, the Executive Committee may reconsider whether the allegations are unfounded.
E. The accused, in the written response, may request a hearing to confront his or her accuser or the accused may waive this right. Failure to respond within the thirty (30) day time period will constitute a waiver of the right.
F. If the accused so requests, a hearing will be held at the next regularly scheduled Executive Committee meeting
G. By agreement of the accused, and with the concurrence of the Executive Committee and the accuser, a special meeting time and place may be set for the hearing.
Bylaws – Article VII – Section 2
H. The hearing shall be a closed hearing. Except by agreement of the accused those present shall be the Executive Committee, Legal Counsel, the accused, the accuser, and, if desired, the accused=s legal representative. Witnesses may be heard at the direction of the Chairperson or by request of the accused or accuser. The deliberations of the Executive Committee will be held in closed session with all others excluded except for Legal Counsel who may be present to advise the Executive Committee.
I. If either accused or accuser is a member of the Executive Committee, he or she shall not sit as a member of the Executive Committee for the purpose of the hearing. Temporary appointments to the Executive Committee may be made by the Chairperson if necessary to achieve a quorum.
J. After hearing all evidence presented, the Executive Committee will issue a decision within sixty
(60) business days. The decision will be in writing and shall be mailed or otherwise delivered to the accused and the accuser. If the Member is found to be in violation of Article VIII (Standards of Conduct) of the Constitution of this Association, the Executive Committee shall have the authority to expel, suspend, censure or admonish the member.
K. Any decision of the Executive Committee to expel, suspend, censure or admonish a Member under Article VI of these Bylaws must be by a two-thirds majority vote.
L. The decision of the Executive Committee shall become final at the close of the General Business Meeting at the next annual seminar unless there is an appeal from its decision pursuant to Article VI, Section 3 (Right of Appeal) of these Bylaws.
M. When the decision of the Executive Committee has become final, in accordance with Article VII, Section 2-L, and when the disciplined member is also a member of the Parent Body of the International Association for Identification, the Secretary-Treasurer shall prepare a letter, for signature of the sitting Chairperson of the Executive Committee and the sitting President, advising the President of the International Association for Identification of the disciplinary action taken for an ethics violation or other misconduct and the cause for that action. This reporting requirement shall apply even if the member resigns from the California State Division, International Association for Identification or their membership lapses during or upon completion of any investigation.
Section 3 – RIGHT OF APPEAL
A. The accused shall have the right to appeal an Executive Committee decision for expulsion, suspension, censure or admonishment, to the Membership at the next annual seminar.
B. If the accused chooses to appeal, he or she must so notify the Chairperson of the Executive Committee in writing within ten (10) business days of receiving the decision but in no case less than two (2) business days prior to the General Business Meeting.
C. The Membership, upon being appraised of the facts and all parties having an opportunity to be heard, shall be empowered by majority vote to overrule the decision of the Executive Committee and may determine that the allegations are unfounded, or impose a lesser sanction than that decided upon by the Executive Committee. However, in no case may the sanction be made more severe than that decided upon by the Executive Committee.
POLICIES AND PROCEDURES
Section 1 – PURPOSE OF POLICIES AND PROCEDURES
The Association may establish Policies and Procedures for the purpose of providing written guidelines for the manner in which this Association will conduct its business. These Policies and Procedures may be used to supplement the Articles and Sections of the Constitution or Bylaws of this Association.
Section 2 – ESTABLISHING POLICIES AND PROCEDURES
A. A written set of Policies and Procedures will be established for the manner in which this Association shall conduct its business when required by the Constitution or Bylaws of this Association.
B. When not provided for by either the Constitution or Bylaws of this Association, a written set of Policies and Procedures will be established for the manner in which this Association shall conduct its business when the Executive Committee determines that such Policies and Procedures are appropriate.
C. All Policies and Procedures will be approved by a majority vote of the Executive Committee.
Section 3 – CHANGES TO POLICIES AND PROCEDURES
A. A Policy and Procedure may be changed by a majority vote of the Executive Committee.
B. Any Life, Active, or Associate member, in good standing, may propose a change to a Policy or Procedure.
1. All proposed changes will be submitted in writing to the Parliamentarian who will review proposed changes for proper format. The Parliamentarian will then submit the proposed change(s) to the Chairperson of the Executive Committee, either directly or via the Secretary-Treasurer.
2. The Chairperson will direct the Secretary-Treasurer to provide a copy of the proposal to the members of the Executive Committee.
C. Any proposed change will be moved into the business of the Executive Committee at any meeting of the Executive Committee other than a meeting, which has been convened to address a specific item of business.
D. All changes to the Policies and Procedures will become effective immediately upon the approval of the Executive Committee unless otherwise specified in the motion to approve and adopt the change.
AMENDING THE BYLAWS
Section 1 – METHOD OF AMENDING
The Bylaws may be amended, altered or changed by at least a majority of the members voting for the proposed amendments in accordance with Article IV (Voting) of these Bylaws, provided that the proposed amendments, alterations or changes have been submitted and processed in accordance with Article IX, Section 2 (Procedure for Amending) of these Bylaws.
Section 2 – PROCEDURE FOR AMENDING
A. Any Life, Active, or Associate member, in good standing, may submit a proposed amendment, alteration, or change to the Bylaws, in writing, to the Parliamentarian.
B. The Parliamentarian will review the proposal. The Parliamentarian may edit the proposal to make the format consistent with the Bylaws.
C. If the proposal is inconsistent with the Bylaws of this Association and/or Robert's Rules of Order
— or the proposal requires amending of other Articles or Sections of the Bylaws — the Parliamentarian will return the proposal to the submitting member with the recommended changes for bringing the proposal into compliance or for making the corresponding amendments that might be required.
D. The Parliamentarian, at any Executive Committee meeting, shall give a report on all proposals to the Executive Committee, which may vote whether to recommend to the membership that the proposal be accepted or rejected.
E. The Parliamentarian, with the advice and consent of the Executive Committee, shall present resolutions proposing amendments to these Bylaws at the Annual Business Meeting. No other resolutions relating to amendments to the Constitution or Bylaws will be permitted to be introduced at the Annual Business Meeting without the express permission of the Executive Committee.
F. A proposal will be moved into the business of the Association at the Annual Business Meeting. The motion(s) and any amendments to the motion(s) will be debated and the final version of the amendment to the Bylaws approved as to FORM only. Then it will be submitted to the full membership for a vote in accordance with Paragraph G below.
G. Final action on any amendment to the Bylaws, which is approved by the membership, will be postponed until the amendment is adopted by vote of the membership in accordance with Article IV (Voting) of these Bylaws.
H. All amendments to the Bylaws which are adopted by a majority vote of the membership will become effective immediately upon the approval of the Board of Directors of the Parent Body of the International Association for Identification, in accordance with the Bylaws of the Parent Body, unless otherwise specified in the motion to approve and adopt the amendment.
Section 3 – EDITING OF THE BYLAWS
The Parliamentarian may edit the Bylaws for the purpose of: (1) making them grammatically correct; (2) creating consistency in format, organization, and structure as to the arrangement of Articles, Sections, Subsections, etc.; (3) making them more readable; and (4) correcting typographical and other similar errors. Editing of the Bylaws shall never alter the meaning or effect of the Bylaws.
Section 4 – POSTING PROPOSED AMENDMENTS
By at least 5:00 pm two (2) days prior to the Annual Business Meeting at which any Amendment or Amendments to these Bylaws will be voted on, the chairperson of the CSDIAI’s Resolutions Committee shall post each proposed Amendment to these Bylaws in the form of a written resolution at the site of the
Annual Business Meeting.