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American Academy of Forensic Sciences Bylaws
PREAMBLE SECTION 1 - NAME: The name of this organization is the AMERICAN ACADEMY OF FORENSIC SCIENCES, herein also referred to as the "Academy" or as "AAFS." It is incorporated as a nonprofit corporation in the State of Illinois. SECTION 2 - LOCATION AND AUTHORITY TO LOCATE: The corporate office of AAFS shall be located in Colorado Springs, Colorado, and/or such other locations as determined by the governing body of AAFS. SECTION 3 - OBJECTIVES: The objectives of this Academy shall be to promote education for and research in the forensic sciences; to encourage the study, improve the practice, elevate the standards and advance the cause of the forensic sciences; to promote interdisciplinary communications; and to plan, organize and administer meetings, reports and other projects for the stimulation and advancement of these and related purposes.
Article I. MEMBERS AND AFFILIATES a.
ELIGIBILITY FOR MEMBERSHIP: Academy membership, in the various classes
prescribed in Section 1, shall be available only to those persons of
professional competence, integrity, and good moral character: b. QUALIFICATIONS FOR
MEMBERSHIP: The applicant must be endorsed
by the section to which the applicant is applying and shall be judged by the
Board of Directors on the basis of the qualifications prescribed below. SECTION
2 – CLASSES OF AFFIILIATES: There
shall be two classes of Affiliates in the Academy:
TRAINEE AFFILIATE and STUDENT
AFFILIATE. a. ELIGIBILITY FOR AFFILIATION: Academy affiliation in the classifications prescribed in Section 2b shall be available only to those persons of professional competence, integrity, and good moral character who are pursuing a career that has as its purpose the attainment of the same requirements as for membership, but who do not meet qualifications for membership as prescribed in Section 1. b. QUALIFICATIONS FOR AFFILIATION: The applicant for any class of affiliate must be endorsed by the section to which the applicant is applying and shall be judged by the Board of Directors on the basis of the qualifications prescribed below. 1. TRAINEE AFFILIATE: Trainee Affiliate status is limited to persons who have completed the educational requirements, but not the experience requirements for Associate Member in the section to which application is being made. Both at the time of application and at the time the application is being considered for approval, applicants for Trainee Affiliate status must be actively working toward completion of the experience requirements by participating in a training program or employment that supports a forensic science career accepted by the section. Each Trainee Affiliate must certify eligibility annually. 2. STUDENT AFFILIATE: Both at the time of application and at the time the application is being considered for approval, an applicant for Student Affiliate status must be enrolled fulltime in an undergraduate or graduate program that would support a forensic science career accepted by the section to which application is being made. The applicant must meet these requirements at the time of application and at the time the application is being considered for approval the following February. Each Student Affiliate must certify eligibility annually. SECTION 3 – ACCEPTANCE PROCESS:a. In accordance with these bylaws and the provisions of the Academy's Policy and Procedure Manual, qualifications of applicants for membership, affiliation, and promotion in the Academy shall be considered first by the section involved and finally by the Board of Directors. All applicants for membership shall be considered only for Associate Membership. b.
All eligible voting members shall be advised in a timely manner of the
names of all applicants approved and forwarded by the sections to the Board of
Directors. SECTION
4 - ELIGIBILITY TO HOLD OFFICE: Only
Fellows shall be eligible to hold any elected Academy or Section office. SECTION
5 - DUES OBLIGATION OF MEMBERS AND AFFILIATES: The annual dues period shall be the calendar year January 1
to December 31. Members and
Affiliates whose dues are not paid prior to April 1 of each year shall be
dropped from the rolls for non-payment of dues.
Members and Affiliates who have been dropped from the rolls may renew
their status prior to the end of the calendar year in which they were dropped.
They may be required to submit a new application, including an
application fee, and pay all monies in arrears in accordance with rules
enunciated in the Policy and Procedure Manual.
Dues obligations for the different classes of Members and of
Affiliates shall be as determined from time to time by the Board of Directors. SECTION
6 - LEAVE OF ABSENCE: Fellows and Members, in
good standing, may request leaves of absence from the Academy for just cause.
Section Officers shall review such requests and shall forward their
section recommendations to the Board of Directors for approval.
If approved, the Fellow or Member is excused from the payment of dues
while on leave and is not entitled to receive any membership benefits during
that period.
Article II. CODE OF ETHICS AND CONDUCT SECTION 1 - THE CODE: As a means to promote the highest quality of professional and personal conduct of its members and affiliates, the following constitutes the Code of Ethics and Conduct which is endorsed by all members and affiliates of the American Academy of Forensic Sciences: a.
b. No member or affiliate of the Academy shall materially misrepresent his or her education, training, experience, area of expertise, or membership status within the Academy. c. No member or affiliate of the Academy shall materially misrepresent data or scientific principles upon which his or her conclusion or professional opinion is based. d. No member or affiliate of the Academy shall issue public statements that appear to represent the position of the Academy without specific authority first obtained from the Board of Directors. SECTION 2 - MEMBER AND AFFILIATE LIABILITY: Any member or affiliate of the Academy who has violated any of the provisions of the Code of Ethics (Article II, Section 1) may be liable to censure, suspension or expulsion by action of the Board of Directors, as provided in Section 5h below. SECTION
3 - INVESTIGATIVE BODY: There shall be constituted
a standing Ethics Committee (see Article V for composition), the primary
function of which shall be: a. To order and/or conduct investigations and, as necessary, to serve as a hearing body concerning conduct of individual members or affiliates which may constitute a violation of the provisions of Article II, Section 1. b. To act as an advisory body, rendering opinions on contemplated actions by individual members or affiliates in terms of the provisions of Article II, Section 1. SECTION
4 - INVESTIGATION INITIATING ACTION: The
following are the principal forms by which the Ethics Committee may initiate
investigative action: a. A member or affiliate of the Academy may submit a written complaint alleging violation(s) of Article II, Section 1 by a member or affiliate to the Academy Office (see Article II, Section 5, Rules and Procedures, below) or to the Chair of the Ethics Committee. Such a complaint should be made in a timely manner. b. The Ethics Committee may institute an inquiry based on any evidence that may come to its attention from any source which in its opinion indicates the need for further query or action under the provisions of these bylaws. SECTION 5 - RULES AND PROCEDURES: The following procedures shall apply to any allegation of unethical conduct against a member or affiliate of the Academy: a. Allegations of unethical conduct against a member or affiliate received by the Academy shall be transmitted promptly to the Chair of the Ethics Committee. b. The Ethics Committee shall determine whether the alleged unethical conduct falls within its jurisdiction and whether there is probable cause to believe that the allegation is well founded. c. If the Ethics Committee, in its preliminary determination, finds that it does not have jurisdiction or that there is a lack of probable cause to believe that the allegation is well founded, it shall close the case. It shall issue a report of such determination to the Board of Directors, setting forth the basic facts but omitting the names of the parties, and stating the reasons for its decision to close the case. Notice of the allegation, including the source, and its disposition, shall be given to the accused. Notice of the disposition shall also be given to the complainant(s). d. If the Ethics Committee finds that it has jurisdiction and that there is probable cause to believe that the allegation is well founded, it shall give notice of the filing of the allegation and its sources to the accused. In accordance with Rules and Procedures formulated by the Ethics Committee and approved by the Board of Directors, the Committee shall assemble such information from both the accused and the complainant(s) which shall permit it to determine whether the allegation requires further action. e. The Ethics Committee may appoint an Academy Fellow or Fellows to investigate the allegation and/or to present the evidence to the Committee. f. If, based on the results of an investigation, the Ethics Committee decides to dismiss the allegation without a formal hearing, it may do so. It shall notify the accused and the complainant(s) of its decision and shall issue a report to the Board of Directors setting forth the basic facts and stating the reason(s) for its decision, but omitting the names of the accused and complainant(s). g. If the Ethics Committee decides to formally hear the case, it shall give the accused a reasonable opportunity to attend and be heard. The complainant(s) shall also be given a reasonable opportunity to be heard. Following the hearing, the Committee shall notify the accused and the complainant(s) of its decision. The Ethics Committee shall also submit a report on its decision to the Board of Directors. If the Committee finds unethical conduct, the report shall include the reasons for its decision, and any recommendations for further action by the Board. The accused may also submit to the Board of Directors a written statement regarding what sanctions, if any, should be imposed. h. If the Ethics Committee’s decision is that unethical conduct on the part of the accused member or affiliate has occurred, the Board of Directors shall review the report, and ratify or overturn the decision, or remand the case to the Committee for further action. If the Board of Directors ratifies the Committee’s decision, it shall also review any written submission provided by the member or affiliate found to be in violation of the Code. The member or affiliate may then, upon a vote of three-fourths of the members of the Board present and voting, be censured, suspended or expelled. The nature and conditions of any sanction must be provided to the member or affiliate. A suspended member or affiliate may only be reinstated by the procedure set forth in Article II, Section 6. i. A member or affiliate who has been found in violation of the Code of Ethics has the right to appeal the actions of the Board of Directors to the membership of the Academy. To initiate an appeal, the member or affiliate must file a brief written notice of the appeal, together with a written statement, with the Academy Secretary not less than one hundred twenty days prior to the next Annual Meeting of the Academy. j. The Board of Directors shall then prepare a written statement of the reasons for its actions and file the same with the Academy Secretary not less than forty days prior to the next annual meeting. l. A vote of three-fourths of the members present and voting at the Academy’s annual business meeting shall be required to overrule the action of the Board of Directors in regard to censure, suspension or expulsion of a member or affiliate. m. No member of the Board of Directors who is the subject of an Ethics Committee investigation, or who has any other conflict of interest, shall participate in any matter before the Board concerning ethics. n. The Ethics Committee shall formulate internal Rules and Procedures designed to facilitate the expeditious, fair, discreet, and impartial handling of all matters it considers. The Rules and Procedures shall be subject to the approval of the Board of Directors. SECTION 6 - SUSPENSION OF MEMBERS AND AFFILIATES: Members or affiliates who have been suspended may apply to the Board of Directors for reinstatement once the period of suspension is completed. A suspended member or affiliate shall not be required to pay dues during the period of suspension. If reinstated, the required dues payment shall be the annual dues less the pro-rated amount for the period of suspension.
SECTION
1 - ANNUAL MEETING OF THE ACADEMY: There
shall be an Annual Meeting of the Academy during the month of February, unless
otherwise ordered by the Board of Directors.
It shall meet at a specific time and place selected by the Board.
At the annual meeting there shall be a scientific program, the
administration of membership and affiliation matters, the election of officers
and the transaction of such business as may be necessary.
Notice of such meeting shall be mailed in any form and by whatever means
to the last recorded address of all members and affiliates ten (10) to fifty
(50) days prior to the meeting. Other
meetings may be called at the discretion of the Board of Directors. SECTION
2 - BOARD OF DIRECTORS MEETING: The Annual Meeting of the
Board of Directors shall be held prior to the Annual Meeting of the Academy.
Special meetings of the Board of Directors may be called at any time by
the President or by a majority of the Board members upon notification to the
Academy Secretary of the time, place, and purpose of the meeting. SECTION
3 - EXECUTIVE COMMITTEE MEETINGS: The Executive Committee
shall meet prior to the Annual Meeting of the Board of Directors and at least
once between annual Board meetings at the call of the President. SECTION
4 - SECTION MEETINGS:
Sections shall hold scientific sessions as well as a business meeting at
each Annual Meeting of the Academy. All
classes of members and affiliates shall be eligible to attend the business
meetings of their respective sections. SECTION
5 - QUORUMS AND VOTING: a.
QUORUM: b.
VOTING: c.
CUMULATIVE
AND PROXY VOTING: Neither cumulative nor proxy voting is permitted in the
Academy.
Article IV. OFFICERS AND MANAGEMENT SECTION
1 - OFFICERS: b. APPOINTED OFFICERS: The Board of Directors may appoint such additional officers of the Academy as are necessary to ensure the proper management of Academy affairs. The Executive Director of the Academy shall be appointed as an Assistant Secretary. SECTION
2 - MANAGEMENT OF THE ACADEMY: a. BOARD OF DIRECTORS: The general management of the Academy, including the acquisition of funds by which to operate the Academy, shall be the responsibility of the Board of Directors. The Board shall consist of the Academy Officers and one Director elected from each section of the Academy. The term of office of each director shall be three (3) years, beginning at the conclusion of the annual meeting at which the director is elected. Election of directors shall occur at staggered yearly intervals according to a plan of rotation established by the Board of Directors. b.
EXECUTIVE COMMITTEE: SECTION
3 - MANAGEMENT ASSISTANCE: a.
The Board of Directors may authorize the employment of such staff as are necessary for the effective management of Academy affairs. One such staff member shall have the title "Executive Director"
and shall be the Chief Executive Officer of the Academy. The specific conditions of these appointments, including annual performance evaluation procedures, shall be as determined by the Board of Directors in furtherance of the best interest of the Academy. The Executive Director shall be responsible to the Board of Directors for the executive and management functions of the Academy except that the Executive Director shall not be involved in the activities of the Ethics, Membership, or Nominating Committees other than to provide administrative support. The Executive Director shall report to the Board of Directors and shall attend Board meetings but shall not be a voting member thereof.
SECTION 4 - DUTIES OF THE PRESIDENT: The President shall be the Chair of the Board of the Academy. The President shall preside at the meetings of the Academy, the Board of Directors, and the Executive Committee, and shall perform such duties as custom, parliamentary usage, the Board of Directors, or the Academy Policy and Procedure Manual may require. SECTION 5 - DUTIES OF THE PRESIDENT-ELECT: The President-Elect shall be the second-ranking elected Officer of the Academy and shall assist the President in the performance of his or her duties. The President-Elect shall act upon the direction of the Board of Directors to discharge the duties of the presidential office in the event of the President's absence, disability, or refusal to act. If the office of the President becomes vacant for any reason, the President-Elect shall succeed to the presidency until the expiration of the term for which his or her predecessor was elected and for the term of one year thereafter. SECTION 6 - DUTIES OF THE VICE PRESIDENTS: The Vice Presidents shall assist the President in the performance of his or her duties and shall undertake such tasks as may be assigned to them by the President from time to time. The Vice President with the longest continuous service to the Academy shall succeed to the presidency in the event the office of President becomes vacant for any reason and the President-Elect is unable to succeed to the presidency. The President shall designate one Vice President as Chair of the Membership Committee. That Vice President shall also serve as arbiter for unresolved section applications, shall review all rejected applications, and shall be responsible for all letters of notification to rejected applicants. SECTION 7 - DUTIES OF THE IMMEDIATE PAST PRESIDENT: The Immediate Past President shall be a member of the Board of Directors for one year immediately following his or her term of office as President. The Immediate Past President shall undertake such other duties or tasks as may be assigned by the Board of Directors. SECTION 8 - DUTIES OF THE SECRETARY: The Secretary, in conjunction with the Executive Director—serving as an appointed Assistant Secretary—shall be responsible for the official minutes of the Academy; shall give notice to the members of the time, place and agenda of Academy meetings; and shall perform or supervise the execution of such additional tasks as assigned by the Board of Directors. SECTION 9 - DUTIES OF THE TREASURER: The Treasurer, assisted by the Executive Director, shall be responsible for proposing an annual budget to the Board of Directors, shall keep account of, make periodic reports on and safeguard the funds of the Academy as provided by the Board of Directors in accordance with accepted accounting methods and procedures. The Treasurer shall annually cause to be prepared a certified audit of the Academy financial records. SECTION
10 - ACADEMY AND SECTION RECORDS/ACCESS: a. The Academy's Administrative Office is the only authorized repository for Academy and Section archives, files, books and records. Upon vacating an Academy or Section office or committee for any reason, the past office holder or committee member shall turn over all such documents to the Academy Administrative Office for safekeeping. b. The files of the Ethics Committee shall be exempt from the provisions of this section. c. The Academy archives, files, books and records shall at all times be open for inspection and examination by any member of the Board of Directors. Similarly, Section Officers shall have access at all times to the archives, files, books and records of their Section. SECTION
11 - VACANCY IN OFFICE: a. ELECTED ACADEMY OFFICER: Any vacancy in an elected Academy office, except that of President, shall be filled by the Board of Directors for the remainder of the term. Voting of the Board of Directors on such replacement may be conducted by telephone and confirmed by letter from each member of the Board of Directors. The record of such voting shall be kept by the Secretary. b. SECTION OFFICERS AND DIRECTORS: Any vacancy in a section office or member of the Board of Directors from a section shall be filled by the section concerned in accordance with the section's established policies and procedures. SECTION
12 - RESIGNATION OR REMOVAL: a. RESIGNATION: Any elected Academy officer or member of the Board of Directors may resign at any time by giving written notice to the President or Secretary. b. REMOVAL: Any elected officer or member of the Board of Directors may be removed from office, after due process, by a three-fourths (3/4) vote of the Board of Directors. SECTION 13 - REMUNERATION: No elected officer of the Academy or member of the Board of Directors shall, directly or indirectly, receive any salary or compensation for his or her services as such officer or Board of Directors member.
Article V. COMMITTEES a.
ETHICS COMMITTEE: This
committee shall serve as an investigative, hearing, and advisory committee as
heretofore presented. d.
PROGRAM COMMITTEE: This
committee is responsible for both the Academy and Section portions of the
program at the annual meeting. e.
EDITORIAL BOARD: This body
is responsible for the official publication of the Academy, the Journal of
Forensic Sciences. g.
POLICY AND PROCEDURE COMMITTEE: This
committee shall be responsible for maintaining the Policy and Procedure
Manual and shall serve as advisors to the Board of Directors on such policy
and procedure matters as may be assigned to it. SECTION
2 - OTHER COMMITTEES:
The President and/or the Board of Directors may appoint such ad hoc
committees, from time to time, as may be necessary.
Article VI. SECTIONS OF THE ACADEMY SECTION 1 - DIVISION INTO SECTIONS: A Section is defined as a group of thirty or more members mutually interested in specific fields of forensic science and individually qualified to be a member of the section in accordance with criteria established by the section. Each member and affiliate of the Academy, with the exception of Honorary Members, shall be assigned to a section. SECTION
2 - SECTION OFFICERS:
Each section shall have a Chair and a Secretary of the rank of Fellow. Terms of office shall be for one (1) year beginning at the conclusion of the Academy's annual meeting at which elected. Section Officers may be re-elected to their respective offices. The Chair may appoint committees within the section. Procedures for the nomination and election of all Section Officers shall be in accordance with established section policies. Election of Section Chair and Section Secretary shall take place at the first section business meeting held at each Annual Meeting of the Academy. The Secretary of the Academy shall be informed in writing of the results of the election prior to the Academy’s annual business meeting. SECTION 3 - SECTION POLICIES AND PROCEDURES: Each section shall maintain on file in the Academy's administrative office the policies and procedures applicable to section responsibilities and activities, to include nomination and election procedures, standing committee procedures, budgeting and expenditures policies. SECTION 4 - FINANCING: For purposes of carrying out section activities, each Section shall have available from the treasury of the Academy up to ten percent of the annual dues paid to the Academy by members and affiliates of the section. The allocation of funds to the section shall be based on dues assessed and collected for the fiscal year of the Academy immediately preceding the meeting. SECTION 5 - CURRENT SECTIONS: The following sections are recognized as officially existing within the Academy: Criminalistics, Digital & Multimedia Sciences, Engineering Sciences, General, Jurisprudence, Odontology, Pathology and Biology, Physical Anthropology, Psychiatry & Behavioral Science, Questioned Documents, and Toxicology. SECTION
6 - NEW SECTIONS: Any thirty (30) members, of whom at least five are Academy Fellows, may petition the Board of Directors for the establishment of a new section. The Board may propose the creation of new sections at an Annual Meeting of the Academy. No new section may be established unless it is so proposed as a bylaws amendment by the Board and receives the approval of the eligible voters present and voting at an annual meeting.
Article VII. FUNDS AND EXPENDITURES SECTION 2 - ANNUAL CERTIFIED AUDIT: Under the direction of the Treasurer, an annual certified audit of the Academy financial records shall be made by a licensed public accountant. Said audit report shall be delivered to each Fellow and Member of the Academy prior to the Academy's Annual Meeting. SECTION 3 - FISCAL YEAR: The fiscal year of this Academy shall be from the first day of July to the thirtieth day of June of each and every year. SECTION 4 - DISSOLUTION: Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501 (c)(3) the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. SECTION 5 - INDEMNIFICATION: Each present and future board member and elective officer, whether or not then in office, shall be indemnified by the Academy against expenses actually and necessarily incurred by or imposed upon him or her (including, but not without being limited to, judgments, costs, and counsel fees) in connection with the defense of the action, suit or proceeding in which he or she is made a party by reason of being or having been a director or elective officer of the Academy except in relation to matters as to which he or she shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty for the Academy. Such indemnification shall not be deemed exclusive of other rights to which such director or officer may be entitled, under any other bylaws, agreement, a vote of the members, or as a matter of law, or otherwise.
Article VIII. MISCELLANEOUS PROVISIONS SECTION
2 - RULES OF ORDER: “Robert’s Rules of Order, Newly Revised” shall
determine parliamentary practice and procedure in all cases to which they apply
except where inconsistent with these Bylaws or the laws of the state of
incorporation.
Article IX. AMENDMENTS SECTION 2 - AMENDMENT PROCEDURE: Any part of these bylaws may be amended at the Annual Meeting of the Academy, provided that copies of each proposed amendment shall have been mailed to all voting members at least thirty (30) days in advance of the Academy’s annual business meeting at which final action is to be taken. Any voting member may propose amendments by submitting a proposal for consideration by the Board of Directors, or by individually following the amendment procedure. It is the duty of the Board of Directors to publish such proposals as soon as possible after receipt.
These bylaws were enacted at the General Business Meeting of the American Academy of Forensic Sciences on February 12, 1986, and were amended February 17, 1988; February 15, 1989; February 21, 1990; February 20, 1991; February 21, 1996; February 11, 1998; February 17, 1999; February 23, 2000; February 21, 2001; February 18, 2004; and, February 21, 2007. |
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