NCAPI Resolution – To establish the NCAPI Scholarship Fund

The following resolution will be voted on by the membership in attendance at the upcoming Annual Meeting to be held on January 14, 2017.  The Annual Meeting will be a luncheon held in Winston Salem, North Carolina at the The Carriage House Restaurant, 1409-G South Stratford Road, Winston-Salem, NC 27103 beginning at 11:00 a.m.

 

Resolution 0001

August 25, 2016

To establish the NCAPI Scholarship Fund

 

Whereas, The North Carolina Association of Private Investigators (NCAPI) is a 501-C6 non-profit organization providing various benefits to the membership of the association.

Whereas, The North Carolina Association of Private Investigators has a firm tradition of providing continuing education to its members to increase the overall professionalism and knowledge of its members in the private investigation profession.

Whereas, The membership of The North Carolina Association of Private Investigators has expressed an interest in further promoting education by establishing a scholastic scholarship fund to assist the children of NCAPI members furthering their education.

Whereas, There is a need to establish a method of funding for the scholarship fund.

Whereas, There is a need to establish the procedure to apply for the scholarship and the need to establish the procedure in awarding a scholarship from the fund.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to establish the North Carolina Association of Private Investigators Scholastic Scholarship Fund.

The North Carolina Association of Private Investigators Board of Directors shall be permitted to transfer $2000.00 each year from the general fund to the scholarship fund when funds are available without affecting the financial affairs of the Association. The scholarship fund shall also be further funded through the use of raffles and private donations.

Any dependent child, grandchild, or adopted children of a member of The North Carolina Association of Private Investigators in good standing shall be eligible to apply to the scholarship fund for each academic year of their degree or technical program. The children of a deceased member who was in good standing at the time of his or her passing shall also be eligible to apply for a scholarship.

For purposes of eligibility, the parent of the applicant must be a current member of the North Carolina Association of Private Investigators and must have been an active member for a minimum of two consecutive years.

The North Carolina Association of Private Investigators Board of Directors shall award One (1) scholarship each year when scholarship funds are available and scholarship applications have been duly submitted. Additional scholarships may be awarded at the board’s discretion when sufficient funds are available.

Awarded scholarship monies must be used to help cover the cost of attending any two (2 or) four (4) year college, university or technical school.

Each year, prior to June 1st, The NCAPI Board of Directors shall appoint five (5) members in good standing to serve on a scholarship review committee.  No NCAPI Board member may sit upon the review committee. No review committee member’s dependent child shall be considered for a scholarship during the time that member serves upon the committee.  The review committee shall review all applications to the scholarship fund and make a recommendation to the NCAPI Board of Directors for the awarding of scholarship funds.

The application process shall include: The completed official application, a copy of the letter of acceptance from the school the student will be attending and a 1000 word essay on a topic to be chosen yearly by the Board of Directors. The topic of the essay shall be the same for each applicant during the scholarship cycle. No essay topic shall be repeated more often that every five (5) years.

The topic of the scholarship essay shall be announced each year at the Fall Conference for the upcoming scholarship cycle that begins in January. Scholarship topic, requirements and application shall be maintained on the NCAPI website.

Once a scholarship has been awarded, the student must maintain at least a 2.7 grade point average {B- GPA} in order to apply for scholarship assistance for additional years of education assistance.

Applications for scholarships shall be submitted by first class mail to the NCAPI Secretary. The submission period for scholarship applications shall run from January 1st thru June 1st of each year with the scholarship being awarded at the board’s regular scheduled meeting in August. Applications must be received by the NCAPI Secretary by June 1st to be considered.

The secretary shall provide a copy of all eligible applications to each member of the review committee by June 10th of each year so that the committee may begin reviewing each application. The secretary shall remove the name, address, and other identifying information of the applicant from the application package and assign each application a number before forwarding the applications out to the committee.

The secretary shall not make the name known of any applicant to any board member or committee member until the applicant has been officially chosen by the number that was assigned to the application by the committee and the NCAPI Board of Directors has voted based upon the committee’s recommendation. Once the scholarship application has been chosen based upon the number assigned to it the secretary at that time shall release to the name of the applicant that corresponds to the application number chosen to the NCAPI Board of Directors so that the scholarship winner can be announced. Once a scholarship has been awarded the secretary shall make available a copy of the chosen application to each officer of the NCAPI Board of Directors. The secretary shall not have a vote in the scholarship process.

The scholarship committee shall submit their recommendation to the NCAPI Board of Directors no later than August 1st of each year.

The Secretary of the Association shall retain all original scholarship applications, essays and any required supporting GPA documentation in the official NCAPI records. The names of each member serving on the committee shall also be maintained in the Association’s official records each year a scholarship is awarded. These records shall be available to any member of the Association for review upon request after the scholarship has been awarded each year.

This resolution shall become effective upon being adopted.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to amend the North Carolina Association of Private Investigators Constitution and By-Laws to reflect said changes.

 

2016 NCAPI Fall Conference Information !!

The 2016 NCAPI FALL Conference will be held November 1-3, 2016 at the Hilton Durham. The cost for NCAPI members who register before October 15th is $50.00 and $100.00 after October 15th. A person must be a member as of August 31st to attend the conference for the $50.00 rate. Non-members are $100.00 before October 15th and $150 after October 15th.

The motel room rates are $105.00 { plus taxes } per night. The deadline for the motel rate is October 2nd. The room rate is good for two day before and after the conference. Remember to book your motel room early !

NCAPI Fall 2016 Schedule

NCAPI Fall 2016 Registration Form

NCAPI Fall 2016 Sponsor info

Gregory A Hatten

2016 NCAPI President

president@ncapi.com

828-280-0180

NC Private Investigators Can Continue Using GPS Trackers

A recent update to a North Carolina GPS tracking bill would allow private investigators to use a tracker under certain circumstances, in the context of a lawful investigation.

North Carolina Senate “Cyberstalking” Bill 238 outlines the regulations governing GPS tracking devices used by private investigators. The initial bill removed licensed private investigators and private detectives from the use of such devices, which would greatly hinder the private investigation business.

GPS tracking has become a critical tool in the private investigation industry. Following a target with just a single investigator has many challenges. Many cases require the use of 2 or more investigators to keep an eye on a single vehicle, which can end up being costly to the client.

The good news to investigators is that the amended bill added private investigators and private detectives back in the bill as an exception to the rule. This bill has since passed both the House and the Senate, has been ratified as of 09/28/2015, and is awaiting signature by the Governor to be put into law. The bill, if signed into law, would go into effect December 1, 2015.

The new wording for this bill includes the following: 14-196.3 (5)(k)

(b) It is unlawful for a person to:

(5) Knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of any person. The provisions of this subdivision do not apply to the installation, placement, or use of an electronic tracking device by any of the following:

  1. A private detective or private investigator licensed under Chapter 74C of the General Statutes, provided that (i) the tracking is pursuant to authority under G.S. 74C-3(a)(8), (ii) the tracking is not otherwise contrary to law, and (iii) the person being tracked is not under the protection of a domestic violence protective order under Chapter 50B of the General Statutes or any other court order that protects against assault, threat, harassment, following, or contact.

 

In case you’re not aware of Chapter 74C of the General Statutes, here it is:

G.S. 74C-3(a)(8)

(8) Private detective or private investigator. – Any person who engages in the profession of or accepts employment to furnish, agrees to make, or makes inquiries or investigations concerning any of the following on a contractual basis: a. Crimes or wrongs done or threatened against the United States or any state or territory of the United States. b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person. c. The location, disposition, or recovery of lost or stolen property. d. The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to properties. e. Securing evidence to be used before any court, board, officer, or investigative committee. f. Protection of individuals from serious bodily harm or death.

This is big news for the private investigator business. The bill is designed to protect investigators who are acting in accordance with their authority by law. This bill, should it become law, will allow a private investigator to use a GPS tracking device to investigate the activity, movement, whereabouts, acts of any person, or for the location or recovery of lost or stolen property when in a contractual basis to furnish such information.

Will this allow private investigators to place a GPS tracker on any vehicle they want as long as they are working a contract agreement with a third party? Based on the current language, that would appear so, as long as it is not otherwise contrary to law and the person being tracked is not protected by a domestic violence protection order or any other court protection order.

Many private investigation companies have company policies regarding the placement of GPS trackers as it is. Some prevent their investigators from placing a tracker on a vehicle unless the person requesting such placement meets one of the following criteria:

1) Is the owner of the vehicle or has equal ownership of the vehicle such as a vehicle that is considered marital property,

2) The vehicle is a fleet vehicle for a business and the person is an agent within the business that is authorized to place a tracker,

3) The person is the parent of the minor wishing to be tracked,

4) The person is the legal guardian of an individual to be tracked who is incapacitated or disabled.

If signed into law, this bill could change the way some investigators use GPS trackers in their investigations. For the most part, this is good news for private investigators and their clients, as it gives PIs more options.

But even though the bill doesn’t seem to explicitly prevent private investigators from placing a tracker on any vehicle they want (as long as they are doing so under contract), I would be wary of freely doing so — you might find yourself as the defendant in a suit or criminal charge, which could cause this bill to be challenged and changed.