Resolutions to be voted on at 2020 NCAPI Fall Conference
 
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Date of vote: November 04, 2020
Time: 4:30 P.M. at NCAPI Business Meeting
Location:  Harrah's Cherokee Casino and Resort, 777 Casino Drive, Cherokee, NC 28719
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Resolution 01

(02/05/2020)

Changes to the Ethics and By-Laws Committee

 

Whereas, The North Carolina Association of Private Investigators (NCAPI) is a 501-C6 non-profit organization with members.

Whereas, the current Constitution and By-Laws of The North Carolina Association of Private Investigators also refers to the Ethics and By-Laws Committee as the Constitution and By-Laws committee in several places.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to combine the Ethics and By-Laws Committee and the Constitution and By-Laws Committee and that the committee officially named the Ethics and Bylaws Committee in all places within the Constitution and Bylaws.

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.

 

Resolution 02 has 3 versions below based upon NCAPI members input to allow members to discuss and choose from if found appropriate .

 

Resolution 02 (A)

(02/08/2020)

Changes to the Ethics and Bylaws Committee

Whereas, The North Carolina Association of Private Investigators (NCAPI) is a 501-C6 non-profit organization with members.

Whereas, the current Constitution and Bylaws of The North Carolina Association of Private Investigators calls for an Ethics and Bylaws but fails to provide a uniformed set of standards for the committee to operate by.

Whereas, any member of North Carolina Association of Private Investigators being investigated by any person or committee representing the North Carolina Association of Private Investigators has the high potential for significant liability to the association and the membership with a clear potential for conflict of interest associated with the practice of conducting investigations and generating documentation subject to the public disclosure laws.

Whereas, there is a need to provide uniformed rules for all association standing committees to operate by to reduce liability and maintain uniformity from year to year.

Whereas, The Private Protective Services Board (PPSB) retains the sole legal authority to regulate licensed private investigators, conduct investigations, and take any necessary actions affecting the person or agency under investigation, regardless of membership status in the NCAPI.

Whereas, the current Constitution and Bylaws clearly sets forth standards and reasons for removal of a member in Article VII in the Constitution.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to replace Article II Section 4 of the Bylaws to state:

“The Ethics and Bylaws Committee shall serve as a review committee in the event of any dispute over membership eligibility; or in the event of an allegation against any member for a violation of the Code of Ethics. Only principal members in the association shall serve upon the Ethics and Bylaws Committee.

Any member in good standing may level a charge(s) against another member by filing with the President a written complaint signed by the member and stating the nature of the offense.

The Committee shall:

1)      Notify a member under investigation, upon the commencement of said investigation.  The notification shall be made by mail to the address of record and an email sent to the email address of record.  The notifications shall contain a letter from the committee chair and a copy of the complaint.

2)      Make documentation pertaining to the investigation available to a member under investigation, prior to the conclusion of any defense/rebuttal by said member.

3)      Not review complaints between a non-licensed individual against a member.

4)      Not review complaints between a non-member licensee against a member.

5)      Not review complaints filed anonymously or where the person filing the complaint wishes to stay anonymous and in which no evidence and/or a basis in fact is provided with the complaint.

6)      Not review complaints that have been heard before the Private Protective Service Board not resulting in the suspension or revocation of a member’s license.

7)      Not review complaints involving any civil or criminal court proceeding in which a final judgement has not been formally entered into record.

The Ethics and Bylaws Committee shall be responsible for a continuing study of the Constitution and Bylaws of the association and shall formulate and recommend changes as needed to the board of directors. The committee shall maintain a complete detailed written record of all committee meetings and actions brought before it to be placed with the association’s permanent records.”

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 Bylaws to reflect said changes.

 

Resolution 02 (B)

(02/08/2020)

Changes to the Ethics and Bylaws Committee

Whereas, The North Carolina Association of Private Investigators (NCAPI) is a 501-C6 non-profit organization with members.

Whereas, the current Constitution and Bylaws of The North Carolina Association of Private Investigators calls for an Ethics and Bylaws but fails to provide a uniformed set of standards for the committee to operate by.

Whereas, any member of North Carolina Association of Private Investigators being investigated by any person or committee representing the North Carolina Association of Private Investigators has the high potential for significant liability to the association and the membership with a clear potential for conflict of interest associated with the practice of conducting investigations and generating documentation subject to the public disclosure laws.

Whereas, there is a need to provide uniformed rules for all association standing committees to operate by to reduce liability and maintain uniformity from year to year.

Whereas, The Private Protective Services Board (PPSB) retains the sole legal authority to regulate licensed private investigators, conduct investigations, and take any necessary actions affecting the person or agency under investigation, regardless of membership status in the NCAPI.

Whereas, the current Constitution and Bylaws clearly sets forth standards and reasons for removal of a member in Article VII in the Constitution.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to replace Article II Section 4 of the Bylaws to state.

“The Ethics and Bylaws Committee shall serve as a review committee in the event of any dispute over membership eligibility; or in the event of an allegation against any member for a violation of the Code of Ethics. Only principal members in the association shall serve upon the Ethics and Bylaws Committee.

Any member in good standing may level a charge(s) against another member by filing with the President a written complaint signed by the member and stating the nature of the offense.

The Committee shall:

1)      Notify a member under investigation, upon the commencement of said investigation.  The notification shall be made by mail to the address of record and an email sent to the email address of record.  The notifications shall contain a letter from the committee chair and a copy of the complaint.

2)      Make documentation pertaining to the investigation available to a member under investigation, prior to the conclusion of any defense/rebuttal by said member.

3)      Not review complaints between a non-licensed individual against a member.

4)      Not review complaints between a non-member licensee against a member.

5)      Not review complaints filed anonymously or where the person filing the complaint wishes to stay anonymous; in which no evidence is provided and/or a basis in fact cannot be substantiated through preliminary inquiries or preliminary investigation.

6)      Not review complaints that have been heard before the Private Protective Service Board not resulting in the suspension or revocation of a member’s license.

7)      Not review complaints involving any civil or criminal court proceeding in which a final judgement has not been formally entered into record.

The Ethics and Bylaws Committee shall be responsible for a continuing study of the Constitution and Bylaws of the association and shall formulate and recommend changes as needed to the board of directors. The committee shall maintain a complete detailed written record of all committee meetings and actions brought before it to be placed with the association’s permanent records.”

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 Bylaws to reflect said changes.

 

Resolution 02 (C)

(02/08/2020)

Changes to the Ethics and Bylaws Committee

Whereas, The North Carolina Association of Private Investigators (NCAPI) is a 501-C6 non-profit organization with members.

Whereas, the current Constitution and Bylaws of The North Carolina Association of Private Investigators calls for an Ethics and Bylaws but fails to provide a uniformed set of standards for the committee to operate by.

Whereas, any member of North Carolina Association of Private Investigators being investigated by any person or committee representing the North Carolina Association of Private Investigators has the high potential for significant liability to the association and the membership with a clear potential for conflict of interest associated with the practice of conducting investigations and generating documentation subject to the public disclosure laws.

Whereas, there is a need to provide uniformed rules for all association standing committees to operate by to reduce liability and maintain uniformity from year to year.

Whereas, The Private Protective Services Board (PPSB) retains the sole legal authority to regulate licensed private investigators, conduct investigations, and take any necessary actions affecting the person or agency under investigation, regardless of membership status in the NCAPI.

Whereas, the current Constitution and Bylaws clearly sets forth standards and reasons for removal of a member in Article VII in the Constitution.

Now therefore be it resolved to approve, adopt, and authorize the North Carolina Association of Private Investigators Board of Directors to replace Article II Section 4 of the Bylaws to state:

“The Ethics and Bylaws Committee shall serve as a review committee in the event of any dispute over membership eligibility; or in the event of an allegation against any member for a violation of the Code of Ethics. Only principal members in the association shall serve upon the Ethics and Bylaws Committee.

Any member in good standing may level a charge(s) against another member by filing with the President a written complaint signed by the member and stating the nature of the offense.

The Committee shall:

1)      Notify a member under investigation, upon the commencement of said investigation.  The notification shall be made by mail to the address of record and an email sent to the email address of record.  The notifications shall contain a letter from the committee chair and a copy of the complaint.

2)      Make documentation pertaining to the investigation available to a member under investigation, prior to the conclusion of any defense/rebuttal by said member.

3)      Not review complaints between a non-licensed individual against a member.

4)      Not review complaints between a non-member licensee against a member.

5)      Not review complaints that have been heard before the Private Protective Service Board not resulting in the suspension or revocation of a member’s license.

6)      Not review complaints involving any civil or criminal court proceeding in which a final judgement has not been formally entered into record.

The Ethics and Bylaws Committee shall be responsible for a continuing study of the Constitution and Bylaws of the association and shall formulate and recommend changes as needed to the board of directors. The committee shall maintain a complete detailed written record of all committee meetings and actions brought before it to be placed with the association’s permanent records.”

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 Bylaws to reflect said changes.