Last modified 15/3/11

The Israeli Computerized Polygraph Association – registered association n. 580342934

(I.C.P.A)

 

Article one: Definitions, Purposes, Objectives

 

  1. Definitions:

1.1       “A polygraph machine” – a machine which simultaneously measures and registers various physiological functions on a number of channels.

1.2       “A polygraph test” – a test conducted using a polygraph machine, in order to assess the verity of a subject’s responses and/or to reveal information or the fact of its being known to the subject, based upon his (her) physiological responses during the test, as registered by the device.

1.3       “A polygraph tester” – a person trained in polygraph testing and whose full-time or part-time vocation is currently, or formerly was, polygraph testing as defined above.

1.4       “A subject” – a person undergoing polygraph testing.

  1. Purposes:

2.1       To syndicate all of the polygraph testers who studied in professional, qualified institutions. To create a quality group of polygraph testers in Israel.

2.2       To syndicate a quality group of polygraph testers, whose primary concern is professional ethics and the development of the field of polygraph testing.

2.3       Promoting professional knowledge and specialization in operating computerized polygraph devices.

2.4       Upholding the rights and obligations of association members.

  1. Objectives:

3.1       Promoting the polygraph profession, through its use as a reliable investigatory tool.

3.2       Establishing modern standards for polygraph testing.

3.3       Improving members’ skills while maintaining high standards and professional ethics.

3.4       Creating unity among association members, having them benefit from professional collaborations without derogating from the general good.

3.5       Representing association members before the public and before government, investigatory and other agencies.

Article two: the organs of the association

  1. The managing committee of the association

4.1       The managing committee is the executive branch of the association. It is endowed with the powers not otherwise vested in other organs of the association in these articles.

4.2       Members of the managing committee shall faithfully fulfill their functions and act for the benefit of the association within its purposes and in adherence to these articles and to lawfully made assembly resolutions, as well as to those of the committee itself.

4.3       The committee shall be elected by the general assembly members.

4.4       The committee shall serve as of its election date and until another general assembly elects a new committee.

4.5       A member of the outgoing committee may be elected for the new committee.

4.6       The tenure of a managing committee member is terminated upon delivery of a written resignation notice to the managing committee or, as the case may be, when he (she) retires, is suspended or removed from the association, or in case he (she) is declared incompetent or bankrupt.

4.7       Where a position for a managing committee member is vacated, the remaining members may appoint another member of the association as a managing committee members, until the next general assembly. Until such an appointment is made, the remaining members may keep acting as a managing committee.

4.8       Where a managing committee member is unable to fulfill his (her) functions, the remaining members may appoint an association member as replacement until he (she) resumes his (her) duties. Until such an appointment is made, the remaining members may keep acting as a managing committee.

4.9       The managing committee may make its own arrangements as to scheduling of meetings, summoning members thereto, the quorum required therein and their agendas and procedure.

4.10     The managing committee resolutions shall be reached by a majority of votes. In case of a tie, no resolution would be made.

4.11     A resolution may be unanimously made by all managing committee members, also other than during a committee meeting. In this case, all of the managing committee members would sign the document containing the resolution accepted.

4.12     The managing committee shall keep minutes, covering the course of its meetings as well as resolutions reached. Any association member may study the minutes at any reasonable time.

4.13     Managing committee resolutions may be appealed in an ordinary or extraordinary general assembly, as indicated under section 5 in this article.

4.14     The managing committee of the association shall be composed of five members. Hereinafter – “The Committee”.

4.15     The Committee members will act together in order to achieve the objectives and purposes of the association, as worded in these articles.

4.16     The chairman of the Committee will be directly elected by the general assembly

4.17     The Committee shall appoint the following position holders from among its members:

            4.17.1   A deputy chairman;

            4.17.2   A secretary;

            4.17.3   A treasurer;

            4.17.4   A spokesperson.

4.18     The Committee and the members of the audits committee shall appoint from among themselves and/or the association members the following various committees:

            4.18.1   Briefing committee;

            4.18.2   Committee in charge of foreign relations;

            4.18.3   Constitution and regulations;

            4.18.4   Sorting, screening and acceptance of candidates;

            4.18.5   Taxation;

            4.18.6   Ethics and discipline.

  1. The general assembly

5.1       Once a year, the managing committee will convene an ordinary general assembly of association members.

5.2       The managing committee may convene an extraordinary general assembly at any time. He must convene it when demanded to do so in writing, with a mention of the agenda of the required assembly. A demand as aforementioned may be issued by the audits committee or by at least a third of the association members entitled to vote – who must sign the demand.

5.3       Where the managing committee fails to convene an extraordinary general assembly within 30 days of being demanded to do so as aforementioned, the persons demanding it may convene the assembly.

5.4       A general assembly is deemed legal when:

            5.4.1     A notification of the assembly, indicating time and place, as well as the agenda and the general items to be discussed therein, is sent to the association members entitled to vote at least 14 days before the designated date;

            5.4.2     At least a third of the association members entitled to vote are present at the time set forth for the commencement of the assembly.

            5.4.3     In the absence of a legal quorum as mentioned above at the time set forth for the assembly, the assembly shall be deferred by an hour, after which it would be held and be legal regardless of the number of participants (in the deferred assembly).

5.5       The ordinary general assembly shall receive a report detailing the operations of the managing committee and audits committee. The assembly shall discuss the report, as well as the balance and financial statements presented thereto, and decide whether or not to approve them.

5.6       The ordinary general assembly shall elect the following every two years: a) the managing committee; b) the audits committee and c) the court of discipline. The ordinary general assembly shall discuss all other matters mentioned in the convening notification of the assembly.

5.7                   The assembly shall discuss no item which is not mentioned in the convening notification, except where three quarters of the association members present, who are entitled to vote, agree to discuss it.

5.8                   An extraordinary general assembly convened as prescribed in section 5.2 of this article, shall discuss no item which is not mentioned in the convening notification.

5.9                   In every general assembly, a chairman and a secretary will be elected by simple majority, in order to run the assembly. These will be elected out of the association members present, who are entitled to vote.

5.10                 Subject to the provisions of section 5.14 of this article, each voting member will be entitled to a single vote only.

5.11                 A voting member who does not attend the assembly, may deliver a power of attorney in writing to another voting member, empowering him to represent the absent member in a specific general assembly. In this case, the representative would have an additional vote, apart from his (her) own vote, in the name of the member who would have empowered him.

5.12                 A member who participates in an assembly may vote as a proxy in behalf of only one member who is absent therefrom. This right applies to votes on all matters – except for matters and votes in respect of which it is expressly ruled that actual presence is required.

5.13                 Voting in general assemblies shall be conducted by a show of hands. However, where at least a quarter of the association members present, who are entitled to vote, demand this, a secret ballot will be held.

5.14                 The aforementioned notwithstanding, the managing committee may decide that members who failed to pay their membership dues by the ordinary general assembly date, may not vote therein – so long as this is stated in the convening notification of the assembly. A member may resolve the situation by paying his debt prior to the commencement of the assembly, or by receiving a special exemption from the managing committee.

5.15                 Resolutions of the general assembly shall be made by a majority of votes, in the absence of a provision to the contrary in these articles. Where votes are tied, the chairman of the assembly may decide the vote.

5.16                 The chairman of the general assembly may, where the assembly agrees, suspend the assembly and have it continue on another date – where required to do so by a quarter of the association members present, who are entitled to vote.

5.17                 Minutes will be held in all general assemblies. They will include a mention of resolutions made therein. The minutes shall be signed by the chairman of the assembly and a secretary. Their signature shall constitute prima facie evidence of the contents. A copy, facsimile etc. which is approved by the chairman of the assembly or by the secretary, will be equivalent to an original.

  1. Audits committee

6.1       Each ordinary general assembly shall elect an audits committee, composed of association members. However, an ordinary general assembly may decide, by a majority of two-thirds, that the functions of the audits committee be vested in a CPA, who will be appointed by the managing committee. Where a CPA is appointed in this fashion, he shall serve in that function until the following ordinary general assembly is convened.

6.2       The audits committee shall examine the financial affairs of the association, including its accounting books. It shall recommend to the ordinary general assembly whether or not to approve them.

6.3       A member of the audits committee may study the accounting books of the association, as well as all documents pertaining thereto. He may receive explanations at any time, in respect of these, from the managing committee, in order to fulfill his (her) function as a committee member.

6.4       The provisions of section 4 of this article shall apply, mutatis mutandis, to the audits committee.

6.5       Except during the tenure of Founding Management, no person may simultaneously serve as a member of both the managing committee and the audits committee.

  1. CPA

7.1       The general assembly shall appoint a CPA and fix his (her) remuneration, in order to prepare the financial statements of the association and submit an audited report.

7.2       The CPA shall not be a member of the audits committee.

7.3       The CPA must participate in every provisory assembly in which the report is presented for approval, in order to clarify it.

7.4       Akin to the audits committee, the CPA may study the books and records of the association in fulfilling his (her) function.

  1. President of the association:

8.1       In its essence, this position is representational only, an honorary president, bereft of operational significance.

8.2       The president will be elected by the general assembly at its exclusive discretion.

8.3       The duration of the president’s tenure is also subject to the exclusive discretion of the general assembly.

Article three: Association members – prerequisites, standing and rights

  1. Prerequisites for full members:

9.1       The founders of the association are members therein, as of the registration date of the association.

9.2       A full member is an active polygraph tester who is an Israeli citizen and resident and who meets the following six criteria:

  1. Israeli citizen and resident

10.1      At least 23 years old;

10.2     He/she has a relevant academic degree in the behavioral sciences – Psychology or Criminology, and has completed his/her term of service in the defense forces, in a relevant position.

10.3     Graduated from a school/college of polygraph studies, having studied a standard curriculum (420 tuition hours) and received a certificate to that effect;

10.4     Has actually conducted at least 200 polygraph tests and practiced the profession for a consecutive year.

10.5     Has passed an admittance committee which has approved his professional skills and his fitness to be a member;

10.6      Has paid the annual membership dues to the association;

10.7     A full member will be entitled to vote in the general assembly and may serve a function in any of the association committees.

  1. Prerequisites for a cadet

11.1     Subject to article 10, he/she has graduated from a school/college of polygraph studies, having studied a standard curriculum (420 tuition hours), received a graduation certificate and paid the annual membership dues to the association.

  1. Prerequisites for a candidate

12.1     Studies in a school/college of polygraph studies, with a standard curriculum, Subject to article 10.

  1. Supporter

13.1     A person who is not a polygraph tester and does not practice polygraph testing as a profession – but who is interested in the scientific or legal aspects of the subject.

  1. Foreign member

14.1     Anyone recognized as a full member by a foreign association, who is not a citizen of a state which is hostile towards Israel, will be admitted to the association as a foreign member, as approved by the Committee and the audits committee.

Article four – principles and standards – the tester’s work, ethics, disciplines and modifying these articles

  1. Guiding principles for a member in the association:

15.1     In order to achieve unity of purpose and to protect the public welfare and individual rights, each member of the association agrees to uphold the following basic principles:

15.1.1  Each member shall respect the rights and honor of the association members.

15.1.2  Do not conduct a test while knowing that it would contradict or contravene the law.

15.1.3 A member of the association shall not conduct a polygraph test without the knowledge and consent of the subject.

15.1.4  Do not conduct a test when the tester knows with certainty that the subject it not physically and mentally fit to take it.

15.1.5  A tester is unauthorized to medically diagnose the state of the subject.

15.1.6  A member of the association shall not conduct a polygraph test, except where he (she) uses equipment which separately, permanently and simultaneously registers at least the following bodily functions: breathing, heart and electric activity.

15.1.7  The tester shall conduct a pre-test with the subject, before testing him (her).

15.1.8  The time interval before beginning a question and beginning the following question shall be twenty (20) seconds at least.

15.1.9  The results of a test may only be determined based on two charts at least, where all relevant questions are asked during each cycle.

15.1.10  Testing techniques shall include pertinent questions and control questions (do not conduct a test in which the “hot” questions are compared to neutral questions).

15.1.11  All testing results shall be determined by the objective analysis of the chart and by all independent observations made by the tester during testing.

15.1.12  Do not accept any payments, benefits or gifts where such are offered in order to falsify a result or to influence the decision of the tester.

15.1.13  Do not knowingly make any false or misleading publication regarding the polygraph profession.

15.1.14  A member shall not give forth an opinion concerning a test conducted by another member of the association, except as expressly authorized by that member to do so.

  1. Discipline

16.1     Any member who harms or intends to harm the association or its reputation by his conduct, or who acts contrariwise to the association’s purposes and objectives, shall be handled according to the following procedure:

            16.1.1   shall be invited to sort out matters before the managing committee;

16.1.2  In case claims against him (her) turn out to be founded, escalating steps would be taken against him (her) according to the severity of his acts, as determined by the discipline committee:

            16.1.2.1            Warning;

            16.1.2.2            Suspension until resolution;

16.1.2.3           Sanctions – a fine and/or suspension for a determined period and/or permanent expulsion, at the discretion of the managing committee.

  1. Urgent temporary suspension

17.1     A member or candidate member against whom an investigation is taking place due to a suspected criminal or disciplinary offense, or who is being tried or subjected to a disciplinary hearing in respect of such offenses, may have his membership or candidateship temporarily suspended by the managing committee until the end of the investigation, trial or disciplinary hearing.

17.2     The managing committee shall not suspend a member or candidate member as mentioned above, unless priorly convinced that the offense or offenses attributed to him (her) are so severe as to have his (her) continued membership or candidateship for membership damage the reputation of the profession and/or become a roadblock to the association purposes.

17.3     Where a member or a candidate member is urgently and temporarily suspended as mentioned above, they may not use any title or status granted to him (her) by the association, or present himself (herself) as a member or the owner of any such title, so long as the suspension is in force.

  1. Renewal of membership:

18.1     A member who was suspended for a predetermined period of time, or who cancelled his (her) membership, or whose membership was cancelled due to failure to pay his (her) dues or for any other reason, and who wishes to renew his (her) membership may address the managing committee in writing and explain his request.

18.2     The managing committee shall consider his (her) request according to:

            18.2.1   The circumstances pertaining to the cancellation of membership;

            18.2.2   The time that passed;

            18.2.3   Compliance with the conditions for membership.

  1. Professional ethics

19.1     Association members make a personal and a group commitment to professional ethics, whose fundamentals are:

            19.1.1   To maintain high standards of moral, professional conduct;

            19.1.2   To be guided by the principles of equity and justice in conducting the tests;

19.1.3  To maintain the honor of all persons, to be honest and fair with each individual, regardless of societal, political, racial and religious considerations, economic standing or personal appearance.

19.1.4  To fulfill obligations and conduct professional operations in an independent manner, honestly and with self-respect. To independently reach decisions and report, free from all personal, financial, political, religious, relational, societal or any other negative influences.

19.1.5  To refrain from misleading or nonfactual publications, to refrain from receiving remuneration for services – except for fair, reasonable remuneration.

19.1.6  To refrain from representing conflicting or competing interests, where such representation is or is seen as immoral (this does not preclude a tester from conducting polygraph tests as ordered by opposing entities on the same matter – all according to the circumstances);

19.1.7  To refrain from leveling public criticism, which borders with defamation and slander, against the association or its members; to recognize that promoting the association, its welfare and its professionality are congruent with the members’ goals and wishes.

19.1.8  To comply with the fundamentals of professional ethics as set forth by the American Polygraph Association.

  1. Coaches and instructors

20.1     Internships will be held by an instructor, under his direct supervision and professional liability.

20.2     A polygraph tester may be an instructor / teacher / lecturer / guide where he complies with all of the following conditions:

            20.2.1   A member of the association;

            20.2.2   Having a seniority of at least 7 years as a polygraph tester;

20.2.3  Was not disqualified from serving as such on grounds established by the committee.

            20.3     Revoking an instructor’s authorization:

20.3.1  The managing committee may disqualify a member from serving as an instructor / teacher / lecturer / guide, after granting him (her) an opportunity to present his (her) claims before the committee, where one of the following occurs:

20.3.1.1           The managing committee is convinced that the member, in his work with an intern or with interns, has failed to factually function as an instructor / teacher / lecturer / guide, despite undertaking to do so;

20.3.1.2           The member was convicted by the court of discipline of the association, and in view of his (her) conviction, the managing committee considers that he (she) is unfit to serve as an instructor / teacher / lecturer / guide.

            20.4     An application for registration as an intern:

20.4.1  A person who wishes to undergo an internship as a polygraph tester shall submit an application for registration as an intern to the managing committee. He (she) shall supplement the application with certificates which show that he (she) meets the prerequisites mentioned in section 9 of this article, and with a letter expressing the agreement of an instructor to accept him (her) as an intern.

20.4.2  When submitting the application, the applicant shall pay the applicable fees.

20.4.3  Once the intern’s application is approved, the latest of the following shall be seen as the starting date of his (her) internship: a) the approval date; or – b) the actual start of his (her) internship.

  1. Modifying the articles

21.1     These articles may be modified by a general assembly resolution, subject to the modifications being approved by at least three quarters of the members present, who are entitled to vote therein.

  1. Voluntary liquidation:

22.1     The association shall undergo voluntary liquidation if and when a resolution to that effect is passed by a general assembly in which at least three quarters of the members participate, who are entitled to vote – provided that the resolution is passed by a majority of at least three quarters of those participating in the vote.

22.2     In case the general assembly resolves to liquidate the association as aforementioned, the general assembly shall determine the methods of liquidation, and decide upon the disposition of the association property, other than property needed in order to discharge its obligations.