Constitution and Bylaws
Article I: NAME
The name of this association shall be THE COLORADO ASSOCIATION OF POLYGRAPH EXAMINERS (C.A.P.E.).
Article II: OBJECTIVES
- The development of the high standards of proficiency in the polygraph profession through the fostering and encouragement of scientific training by education and research through advanced study and progressive techniques.
- To promote and maintain the high standards of ethics, integrity, honor and conduct in the polygraph profession.
- To provide an opportunity and a forum for the exchange of information and data regarding polygraph experiences, studies and research.
- To cooperate with all organizations in matters of mutual interest. To promote total professionalism.
Code of Ethics
- To maintain the highest standard of moral, ethical and professional conduct to be governed by laws of equity and justice in the performance of functions.
- To respect the inherent dignity of mankind; to deal justly, fairly and impartially with each individual irrespective of social, political, ethnic or religious consideration of economic status or physical characteristics.
- To discharge professional duties and obligations with independence, order and self-respect; to keep all decisions and reports scrupulously free from personal, financial, political fraternal, social or other extraneous influences.
- To refrain from false or misleading advertising; to accept no remuneration for services rendered unless such be fair and reasonable; to decline to conduct an examination for an area at issue except by express permission of those concerned, given after a full disclosure of the facts; to represent with undivided fidelity.
- To refrain from express or implied unjust or slanderous criticism of the C.A.P.E. and/or member of the C.A.P.E., except as may be required by due process or placing the welfare and advancement of the C.A.P.E. and the polygraph profession above personal desires and ambitions.
- To recommend for membership in the C.A.P.E. only those persons who are believed to be fully qualified for the class of membership for which they are applying; who subscribe completely to the moral and ethical standards and Principles of Practice of the C.A.P.E.; and who will strive in every way to be a credit to the polygraph profession.
- To support to the best of their ability the professional goals of C.A.P.E.; to support scientific research in the polygraph field; to contribute to better community relations; through work and deed to elevate the status of the polygraph profession.
Article III: DEFINITIONS
Accredited Polygraph Schools - Those standards as accepted by the American Polygraph Association for approved polygraph schools. Exceptions may be made with the approval of the Board of Directors.
Polygraph - A polygraph is an instrument or computerized system that is capable of recording at least visually, permanently and simultaneously indications of a person's respiration, cardiovascular, and epidural skin responses. Indications of any other forensic psycho-physiological changes may also be recorded to supplement the cardiovascular, respiratory and epidermal skin responses but not independently of the three.
Article IV: OFFICERS AND BOARD OF DIRECTORS
- The officers of the Colorado Association of Polygraph Examiners shall be the President, three Vice-Presidents representing the Federal, Law Enforcement, and Private polygraph examiners. A fourth Vice-President shall oversee professionalism and education within the C.A.P.E. Other officers shall include the Secretary, Treasurer and immediate Past President as the Chairman of the Board. All officers elected or appointed shall be residents of the State of Colorado.
- The officers: their respective offices shall be for a term of two (2) years or until their respective successors in office have been duly elected or appointed, as the case may be. Elections will be held at the Fall semiannual meeting.
- The officers shall be elected by a majority of ballots cast by the Active Members at the Fall meeting except as herein provided. All Active Members shall be eligible for election to any office for which they possess the qualification requirements.
- The elected officers of the Board of Directors shall consist of: the President, four (4) Vice-Presidents representing the Federal Government, Law Enforcement, Private fields, Professionalism/Education, plus Secretary Treasurer. The immediate Past-President shall act as Chairman of the Board and cast his vote in a tie-breaking capacity.
- The Board shall meet at the discretion of the President and/or at the semiannual meeting of the general membership.
- The President, four (4) Vice Presidents, and the Secretary Treasurer shall be elected separately.
- In case of disability, resignation, death or vacated position of any member of the Board of Directors, the President shall select a member to fill the un-expired term of the retired, disabled, deceased or vacated member with Board approval. Any Board member who is absent for three consecutive board of Director meetings may be replaced immediately by the Board. Any extenuating circumstances will be taken into consideration.
- Meetings of the Board may be held at any time and place to be determined by the President, provided that seven (7) days notice of such meeting shall be sent to each member. No form notice shall be necessary if a quorum of Directors are present at the meeting or waive notice. A quorum of the Board of Directors will consist of the members of the Board present.
- The Board of Directors shall be the responsible body for the administration of the Colorado Association of Polygraph Examiners. In the interval between annual meetings of the Colorado Association of Polygraph Examiners, the Board of Directors shall have authority to take such actions as are necessary for the conduct of the Colorado Association of Polygraph Examiner's business and affairs in accordance with this Constitution and Bylaws. The Board of Directors shall make a report of it's transactions at each annual meeting of the Colorado Association of Polygraph Examiners.
- Meetings of the general membership will be held semi-annually Spring and Fall. Every two years the Fall meeting shall be the election meeting.
- Every member of the Board of Directors shall, at all times during his term of office be a member in good standing in the Colorado Association of Polygraph Examiners. Only elected Board of Directors officers may vote at Directors meetings.
- The outgoing C.A.P.E. President shall remain out of office for a period of one (1) term. The outgoing President automatically becomes the Chairman of the Board and serves that term. The four (4) Vice-Presidents and Secretary Treasurer may continue in office at the pleasure of the membership voting.
Article V: MEMBERSHIP
- Membership in the Colorado Association of Polygraph examiners shall be divided into five (5) classes: 1) ACTIVE; 2) HONORARY; 3) ASSOCIATE; AND 4) LIFETIME and 5) INACTIVE.
- Active Membership: To qualify for Active Member standing, the applicant must meet the following requirements:
- Must be a polygraph examiner, graduated and certified by an American Polygraph Association or American Association of Police Polygraphists examiner accredited school.
- Must have demonstrated proficiency in the conducting of polygraph examinations to the satisfaction of the Board of Directors as deemed necessary.
In order to maintain active membership in the Colorado Association of Polygraph Examiners (C.A.P.E.), members must attend at least one (1) C.A.P.E. seminar/business meeting per year. Attendance at an American Polygraph Association (A.P.A.) or American Association of Police Polygraphists (A.A.P.P.) national training seminar can substitute in lieu of a C.A.P.E. meeting. However, a copy of the A.P.A. or A.A.P.P. certificate must be submitted to the C.A.P.E. secretary in order to receive credit and maintain Active status. Members who fail to attend three (3) C.A.P.E. seminar/business meetings in a row will be automatically downgraded to Inactive membership. C.A.P.E. members who reside out of state are exempt from this requirement. Exceptions for non-attendance may be approved by the Board of directors in cases where members can submit reasons outlining extenuating circumstances.
All applicants for membership as an Active member shall submit the following upon application:
- One (1) Deception Indicated- ("D.I.") Exam.
- One (1) No Deception Indicated ("N.D.I.") Exam.
One (1) Inconclusive Exam.
Applicants for the Colorado Association of Polygraph Examiners will be raised to full active membership after one (1) year after successfully passing the Quality Control Process. An exemption may be made by the Board for Federally Certified Polygraph Examiners in lieu of this provision.
- Honorary Membership:
- Any polygraph examiner not being eligible for Active membership in the Colorado Association of Polygraph Examiners, who has rendered distinguished service and support to the polygraph profession as determined by the Board of Directors, may be elected as an Honorary Member. This class of member shall be limited to one (1) nominee per year.
- No annual fee shall be levied upon nor charged to or against Honorary Members.
- Honorary Members shall not be entitled to vote.
- Associate Membership: Applicants for Associate membership shall be active polygraph examiners who do not meet minimum requirements for Active membership. These applicants may be admitted upon approval of the Board of Directors provided they demonstrate their knowledge and proficiency as polygraph examiners.
- Associate Members in good standing shall be eligible to attend and participate in all activities of the Colorado Association of Polygraph Examiners open to the general membership but shall not represent themselves as being other that Associate Members of the Colorado Association of Polygraph Examiners.
- Associate Members shall have no voting rights in matters before the Colorado Association of Polygraph Examiners nor are Associate Members eligible for election to the office within the Colorado Association of Polygraph Examiners.
- Associate Members must satisfy their financial obligation to the Colorado Association of Polygraph Examiners on an annual basis to remain an Associate Member.
- Lifetime Membership: Those Colorado Association of Polygraph Examiners members who have been nominated by a two-thirds majority of the Board of Directors and approved by a majority vote of the members present, may be elected to a lifetime membership.
- A Lifetime Member shall be exempt from all membership dues, but must pay fees for any seminars attended. Lifetime Members shall be entitled to vote in all matters before the Colorado Association of Polygraph Examiners.
- A Lifetime Member shall not be eligible to be elected to office unless that person resumes paying all dues/fees required by the Colorado Association of Polygraph Examiners.
- Inactive Membership:
- A former Active or Associate member who has not attended three (3) C.A.P.E. seminars/business meetings in a row.
- Inactive members must satisfy their financial dues obligations to the Colorado Association of Polygraph Examiners on an annual basis to maintain C.A.P.E. membership.
- Inactive members shall not be entitled to vote or be elected to office or serve on a committee.
- Applicants for Membership:
- Polygraph examiners who submit an application for Active or Associate membership must be in attendance at the C.A.P.E. seminar/business meeting when their application is being acted on. Failure to appear at the meeting/seminar will automatically cause their application to be rejected. The C.A.P.E. Secretary will coordinate this action with the applicant.
- New applicants will normally be acted upon twice a year at the spring and fall meetings.
- The Board of Directors may act upon applications submitted between formal meetings when extenuating circumstances are present.
Article VI: ANNUAL FEES AND RIGHTS
- The annual membership fee for Active and Associate members shall be payable no later than the end of the Spring meeting.
- Any member in default of payment of annual dues shall not be entitled to attend any meeting of the Colorado Association of Polygraph Examiners or the Board of Directors, if the member is a member of the board.
- Any member in arrears in the payment of their annual dues for one year will automatically dropped from the membership rolls.
Article VII: DUTIES OF OFFICERS
- President: The President shall be the executive officer of the Colorado Association of Polygraph Examiners. He shall preside at all regular meetings, enforce the By-laws, decide any questions of order, announce the results of all motions and ballots and appoint all committees and to all things required by the By-Laws regarding his office. He shall be "ex-officio" member of all committees. He shall represent the Colorado Association of Polygraph Examiners at all official functions. With Board approval, he may appoint an Attorney to represent the Colorado Association of Polygraph Examiners.
- Vice-Presidents: The Vice-Presidents shall in all ways possible, assist members of their unique respective category. They shall be responsible for bringing to the attention of the general membership any legislative bills without regard to the Vice-President's field of representation. They shall serve as members of the Board of Directors. They shall perform such additional duties as directed by the President.
- Secretary Treasurer:
- It shall be the duty of the Secretary to cause to be entered into the proper books all resolutions, minutes and proceedings of the Colorado Association of Polygraph Examiners and Board of Directors. Amended records shall be sent as quickly as possible to the President. He shall keep lists of all members in good standing, their current address and a correct record of total membership, with copies and changes being sent to the President, and maintained as Treasurer. He shall read to the membership all communications to the Colorado Association of Polygraph Examiners and reply to the communication as directed by the President. He shall perform all duties deriving from his office as the By-Laws of this C.A.P.E. require, and as part of such duties be responsible for the filing of the annual Corporation papers.
- The Treasurer shall be the custodian of funds. He shall be present and submit a financial report to the membership at all meetings. He shall furnish the President a copy of said report. He shall keep accurate books of accounts and said books shall be open to the general membership for inspection at a reasonable time. He shall pay all bills approved by the President. Thirty (30) days following the election of a new Treasurer, the books shall be audited by a person or persons designated by the President.
- Chairman of the Board: The Chairman of the Board will be the immediate Past President. He shall serve as the overseer, advisor to the Colorado Association of Polygraph Examiners and the Chief Officer of any member brought before the Board of Directors for violating any rules of the Colorado Association of Polygraph Examiners. He shall act in the capacity of the President at all functions of the Colorado Association of Polygraph Examiners should the President be unable to perform or be present himself.
Article VIII: MEMBERSHIP/QUALITY CONTROL COMMITTEE
The President shall appoint the following committee to serve during his term of office as deemed necessary.
Membership/Quaility Control Committee
The Membership/Quality Control committee will be responsible for processing applicants for membership in the Colorado Association of Polygraph Examiners. The work of this committee will be to review the work of new applicants for suitability as members of the Colorado Association of Polygraph Examiners. The quality control committee shall consist of designated members of the Board to include the Civilian and Law Enforcement Vice-Presidents.
New applicants with less than one (1) year of experience will be required to provide three (3) polygraph examinations within nine to twelve months of being accepted into membership. The polygraph exams will consist of one each of the following:
A note of recommendation from the applicant's mentor or supervisor indicating the progress of the examinee will be tendered with the above examinations.
- No deception indicated.
- Deception indicated.
The exams will have been collected within the last month. The applicant will provide the following supporting documentation of the polygraph examination:
The exams will be reviewed by one of the current Board members for the purpose of establishing the proficiency of the applicant. The review will be conducted in such a manner as to provide positive feedback and additional training where applicable.
- The complete question list for each exam.
- Scoring algorithm documentation.
- A brief synopsis of the case.
Applicants with two or more years of experience will be required to submit the following exams. The polygraph charts will consist of one each of the following:
The exams will be reviewed by one of the current board members for the purpose of establishing the proficiency of the applicant. The review will be conducted in such a manner as to provide positive feedback and additional training where applicable.
- No deception indicated.
- Deception indicated.
All new applicants will be required to show proficiency in conducting polygraph examinations consistent with the manner which they were trained by an accredited polygraph school prior to acceptance to full member status within the C.A.P.E. organization.
The goal of the Quality Control Committee is to provide examiners the opportunity to improve themselves as examiners, and ultimately make C.A.P.E. organization the best it can be.
- Ethics and Grievance Committee: It shall be the duty of this committee to investigate and report its findings of complaints of violations of the code of ethics, standards, and testing guidelines to the Board of Directors. All complaints must be tendered in written form, or the complainant must be willing to present testimony before this committee, consisting of three (3) members and not to individual members.
- General Considerations:
- The President will appoint the Chairman and members of above committees, historian, parliamentarian, and sergeant at arms as he may deem necessary.
Article IX: COMPLIANCE WITH CONSTITUTION AND BY-LAWS
- Every member of the Colorado Association of Polygraph Examiners upon admittance to membership shall agree to comply with the Constitution and By-Laws, as hereby established and undertake to uphold and maintain said standards.
- Any member whose alleged conduct is deemed unethical, threatening, disruptive, unlawful, indecorous or unbecoming, may be suspended membership in the C.A.P.E. by the Board of Directors pending the Board's and Ethics and Grievance Committee's investigation of such conduct. If such conduct upon investigation is, in the opinion of Board of Directors, such as to warrant expulsion from membership the Board of Directors may expel such person from membership.
- The Colorado Association of Polygraph Examiners is professional association that carries no force of law or punishment other than censure or expulsion of an offending member. Law or professional violations may be reported to the appropriate authorities as may be required.
Article X: GENERAL PROCEDURES AND PARLIAMENTARY AUTHORITY
- The Parliamentary Authority for the C.A.P.E. shall be Robert's Rules of Order in all instances not covered by the Constitution and By-Laws.
- Any By-Law of the Colorado Association of Polygraph Examiners may be repealed or amended by a majority vote cast by this voting of the Board of Directors and sanctioned by affirmative majority vote of the members of the C.A.P.E. at an annual or special meeting of the C.A.P.E. subject to publication to the membership a minimum of thirty days prior to the vote.
- At all meetings of the Colorado Association of Polygraph Examiners, a question shall be resolved by a majority of votes unless otherwise specifically provided by the Constitution.
- Each meeting of the Colorado Association of Polygraph Examiners shall be held at such time and place as determined by resolution of the membership and/or Board of Directors.
- Not less than thirty (30) days notice in writing of each semiannual meeting of members shall be given to all members of C.A.P.E. by mail.
Article XI: ORDER OF BUSINESS
- Roll Call.
- Reading the minutes of the last meeting.
- Reports of officers.
- Reports of committees.
- Old business.
- New business.
Standards of Practice
- The examiner shall recognize that his primary responsibility is to seek the truth impartially from the person who has agreed to the polygraph examination.
- To provide an examinee with the best possible professional ethical examination and to protect the Rights and confidentiality of examinees.
- No person shall use or attempt to use any instrument or device for the purpose of verifying truthfulness or determine deception, or assisting in the reporting of a diagnostic opinion as to either of these, unless such instrument or device as a minimum, is capable of recording visually, permanently simultaneously indications of a person's cardiovascular pattern and changes therein, and a person's galvanic skin or epidural skin responses and changes therein, and a person's respiration pattern and changes therein. Indications of other forensic psycho-physiological changes or bodily responses or any changes may be recorded.
- No examiner shall conduct an examination on an instrument, to include any computerized instrument unless the manufacturer has supplied information on self-calibration and sensible standards for that instrument. Each instrument shall be calibrated if required by the manufacturer.
- No examiner shall conduct any examination when he has reason to believe the examination is intended to circumvent or defy the law.
- The examiner must obtain a written consent of the prospective examinee prior to giving a polygraph examination indicating that the taking of the examination is a condition of probation, parole, a court order, therapy or voluntary act or employment. The examiner must verbally advise the examinee that the examinee cannot be forced to take or submit to the examination.
- The examinee may terminate the examination at any time.
- The examinee will not be asked questions during any part of the polygraph examination concerning sexual practices, political or religious affiliations, except where questions have been determined relevant to the position or issue under consideration or investigation.
- No un-reviewed test questions shall be asked. The examiner shall review with the examinee each test question prior to the actual polygraph examination and the examinee will be afforded the opportunity to qualify any of his answers prior to the actual polygraph examination. The examinee shall have a reasonable opportunity to explain reactions to pertinent questions.
- A numbered question sheet, listing each question as asked during the examination, shall be made a part of the subject's file; abbreviations are acceptable.
- Each individual's polygram shall contain:
- Appropriate identification including but not limited to the name of the examinee, name of the examiner, and the date and time of each test chart.
- Identification to correspond with the type of test, chart number, question asked, showing the beginning and end of each question, the point of answer given and the answer given.
- The sensitivity setting of the various channels. Any change in sensitivity, or the manufacturer's changes, or movement of the component by the examiner and any physical movement or artifact shall be entered on each chart at the location it occurred on the polygram.
- Examiners who use computerized instruments shall print all polygraph charts conducted during an examination or immediately back-up the same charts after each examination to a separate recording media (zip drive, digital compact disc, magnetic disc or hard drive). Such charts or polygrams will be saved in an appropriate file for the required amount of time for that particular examination.
- The examiner shall allow a minimum of fifteen (15) seconds or three respiration cycles after an answer to a question before the start of the next question to allow the examinee adequate time to respond physiologically.
- The examiner shall not render conclusive verbal or written decisions based on chart analysis, as to the truth or deception of the examinee without having administered two (2) or more polygraph charts asking the relevant questions. This shall not preclude the examiner from terminating the examination in progress at his/her discretion when, in his/her opinion, the examinee has become physically or psychologically unfit or has become uncooperative to the point that it would be useless to continue the examination. If admissions or confessions relevant to the issue under consideration occur prior to the completion of the examination, the examination may be construed to be completed and the admission/confession may be reported as self-evident.
- When an analog instrument is employed, the examinee shall be allowed the opportunity to sign his/her polygraph charts at the end of his examination.
- The examiner shall not knowingly allow or permit an employee to issue a polygraph examination report which is misleading, biased, or falsified in any way. Each report shall be fair, impartial, and an objective account of the pertinent information developed during the examination, and the examiner's professional conclusion be based upon analysis of the polygraph charts.
- The results of any polygraph examination will not be divulged by either the polygraph examiner or polygraph firm to any person or other than that person or firm indicated on the permission or release signed by the examinee. This shall not preclude professional consultation between examiners.
- The examiner shall not, unless professionally qualified to do so, in any written report make any statement purporting to be a medical, legal or psychiatric opinion or which may infringe upon areas under the cognizance of professionals in other fields. This shall not preclude the examiner from describing the appearance or behavior of the examinee, if this is pertinent to the examination, as long as the examiner refrains from offering any diagnosis which he/she is professionally unqualified to make.
- The examiner shall utilize approved numerical hand scoring methods of Specific polygraph examinations and not solely base the results of any examination using computerized scoring algorithms or programs.
- The minimum time standards for a polygraph examination is as follows:
- Pre-employment examinations: One (1) hour and thirty (30) minutes.
- Criminal/Specific examinations: Two (2) hours.
- Personal issues: Two (2) hours.
- PCSOT examinations: One hour and thirty minutes.
- In the event of complaints, all polygraph charts and related papers and documents shall be made available to the Grievance Committee upon request. All disclosure of information to be released to the Grievance Committee shall be authorized by the contracting firm. The Grievance committee findings shall be released only to the Colorado Association of Polygraph Examiners Board of Directors.
- No polygraph examiner, agency, firm, or company shall make any misrepresentation or false promise or cause to be made or printed any false, misleading statement or advertisement for the purpose of directly or indirectly obtaining business or profits. The examiner shall not solicit or accept any irregular fees, gratuities or gifts which may be intended to influence the examiner's opinion or decision. Further, no examiner shall set a fee for professional polygraph services contingent on the findings or results of such service; nor shall any examiner increase initial fees as a direct result of findings during the polygraph examination.
- Any member shall be summarily suspended upon conviction of a felony pending further action by the Board of Directors.
- Any person who is or has been convicted of a felony, shall be ineligible for any class of membership in the Colorado Association of Polygraph Examiners.
- All polygraph charts, question sets, written reports, data sheets, waiver forms, opinions of the examiner from chart analysis, and other pertinent physical or electronic work product shall be kept on file in a safe place from the date of the examination for the following periods:
- Pre-employment Examinations: Three (3) year.
- Criminal Specific Examinations: Three (3) years.
- P.C.S.O.T. Examinations: Three (3) years.
- Personal Issues Examinations: One (1) year. (Amended April 2007)
- Purging and destruction of Polygraph files: Outdated/expired polygraph files to include charts, forms, reports and related papers may be removed and destroyed. The manner of destruction will be by burning or shredding. Computer discs and audio visual tapes will be physically destroyed. Members shall exersize appropriate caution with regard to the destruction of files to protect the confidentiality of examinee records.