ARTICLE V MEMBERSHIP
Regular membership in this organization shall be limited to:
1. Law enforcement personnel, investigators, technicians or specialists, and prosecuting attorneys engaged in the investigation and prosecution of criminal or civic activities in which computers and/or other advanced technologies are utilized. A member shall be in the employ of a federal, state or local government entity.
2. Private/public sector employees or those employees of a not for profit organization who are employed as management or senior staff security level personnel whose primary duties are for corporate security investigations in a high technology environment by virtue of their position or interest can provide, or have a need for, information, training in the areas of security or computer investigations, or other high technology environments.
3. Members in good standing who retire or transfer from their employment whose continued membership is desirable and beneficial to HTCIA. Members in this category shall be granted continued membership subject to the approval of their Chapter Board.
4. Members must be of high moral and ethical integrity.
5. Members may not, by virtue of their employment be in a position to represent or assist the defense in a criminal prosecution, unless:5
A. They are employed by an entity (military of governmental) that does not distinguish between prosecution or defense (An example of such incidences are military attorneys and/or investigators who are directed to work for the prosecution at times or the defense at other times).
B. They are a member of an International chapter whose member’s legal system does not distinguish between prosecution or defense, provided the member must reside and practice in that country and not perform defense work in any country that does make that distinction.
C. They are a member who is subpoenaed to testify by the defense in a matter they investigated for their agency or employer.
D. They are a member who is employed by a software/hardware vendor who must explain how their company’s product operates or functions as part of a service or legal agreement when sold.
E. They have received an exemption from a majority vote of their chapter membership, after a proper notice consistent with these bylaws. Such exemptions are:
1. Limited to one per year, per member;
2. Exemptions can only be granted by chapters in cases where the member volunteers their expertise and is paid no compensation;
3. The International Executive Committee may revoke such an exemption within 30 days of receiving notice of the chapter’s granting of same. If no decision is made by the International Executive Committee within 30 days, the Chapter memberships vote stands. However, a revocation of an exemption by the International Committee is final.
6. Individuals who violate this requirement for membership are subject to immediate termination their membership by the International Executive Committee.6
A. Chapter Officers have within 30 days after being advised of such a violation to report such occurrences to the International Executive Committee or face removal from their position.
B. The decision of the International Executive Committee’s decision is may be appealed only at the annual meeting of the International Board of Directors.
C. Individuals who have their membership terminated in this manner shall not receive any refund of dues.
D. Individuals who have had their membership terminated in this manner must wait five calendar years from the termination to be eligible to submit a new membership application.
E. Individuals who resign their membership prior to a decision by the International Executive Committee under this provision, must wait two calendar years to be to be eligible to submit a new membership application.
F. The procedures specified under this provision are separate and apart for Termination/Suspension of Membership for Cause under these bylaws and stand alone.
7. Membership may be denied if the applicant or any organization to which the applicant may belong has aims or interests which conflict with the goals and purposes of the Corporation.
8. Having met all qualifications for membership in the HTCIA, no applicant will be denied membership on the basis of sex, color, race, religion or ethnic origin.
9. The International Board of Directors shall make the final determination as to eligibility.
Life membership may be granted to members in good standing on the following terms and conditions:
1. The applicant is fully retired and has made an outstanding contribution, or performed an outstanding service to the HTCIA.
2. The Chapter Board or the International Board of Directors may nominate a member in good standing for Life Membership status. The International Board of Directors must approve the nominee for Life Membership status.
3. After the completion of the HTCIA’s International President’s term in office, he shall automatically receive life membership status.
4. Life membership shall be exempt from all dues and assessments, with the exception of those fees and expenses incurred by the member for HTCIA sponsored events in which the member chooses to participate.
The purpose of this membership class is to foster, promote, and encourage the study of criminal investigations involving advanced technologies, and security by the academic community. It is limited to undergraduate or graduate students majoring in computer science; forensics, criminal justice, law enforcement, corrections, accounting, auditing, or similar program of study with minimum Grade Point Average (GPA) established by the International Executive Committee (IEC). The IEC will establish general application procedures and requirements for Student Members which are not in conflict with these bylaws.
Ten or more Student Members from one college or university may form an HTCIA School Charter. The IEC will establish general application procedures, requirements and governance for HTCIA School Charters.
CLASSIFICATION OF MEMBERS
The Corporation shall have three classes of membership. The first two classes are Regular and Lifetime Members. They shall have equal voting and other rights, including the right to vote for the officers on the Chapter Board, and to participate in the management of the Chapter business in accordance with the applicable provisions of the bylaws, and to hold any office in HTCIA to which a member may be elected or appointed in accordance with these bylaws.
Student Members are the remaining class. Student members may not vote or hold Chapter or International Office. Student Members shall not have access to Regular/Lifetime Member areas.
Additionally, each chapter may restrict Student Members’ attendance at any or all portions of a chapter meeting or function. These restrictions may be either a standing rule, established once a year at the annual meeting or by a majority vote of the first two classes of membership at a meeting immediately prior to the event for which the restriction would apply. Any such restriction will be announced at least 15 days in advance, noting the meeting or function is closed to Student Members. Student Member will receive full membership discounts to all HTCIA functions in which they are permitted to attend.
Admittance to membership requires a majority vote of the Chapter Board. Applications for membership shall be submitted to the Chapter Board officer in charge of membership. The basic application for membership into the HTCIA shall be designated by the International Board of Directors.
A membership shall be limited to the balance of any calendar year after which time all memberships are subject to a review by a Chapter Membership Committee appointed by the Chapter Board. The annual membership review will require that a membership renewal form be completed. The basic renewal application and procedures for the processing of membership applications shall be designated by the International Board of Directors in accordance with these bylaws. Memberships are not automatically transferable between Chapters. Each Chapter shall forward by January 30th of each business year to the International Secretary a list of current active members names and employers along with their addresses, phone, fax, and e-mail information. Any member may challenge a proposed member as to their eligibility to the International Board of Directors.
AUTOMATIC TERMINATION OF MEMBERSHIP
The membership of any member shall be automatically terminated upon the following events:
1. The resignation of the member.
2. The failure of a member to pay annual dues in the amount set by the Chapter and within the times set forth in these bylaws.
3. The member no longer meets the requirements for membership as set forth in these bylaws.
ABEYANCE, DISCIPLINE PROCEEDINGS, OR SANCTIONS7
1. ABEYANCE OF MEMBERSHIP
A. Abeyance of membership is the temporary suspension of an individual’s good standing in HTCIA pending a final determination of whether their membership should be terminated. Individuals who membership is being held in abeyance may not vote, hold office, run for office, or nominate others for office during the suspension. They may not attend HTCIA membership meetings nor have access to the website or listserv. Their membership is not in good standing. No refunds are due to the member. No negative conclusions, such as guilt, may be drawn from someone’s membership being placed in abeyance. Good standing may be restored by the International Board of Directors at the time it considers the matter.
B. The process of placing an individual’s membership in abeyance can only occur if two HTCIA members in good standing, make a written allegation and provide it to the International Secretary within 30 days of becoming aware of the of allegation. The allegation must involve one of the following to be considered for abeyance of membership:
1. Member was arrested for a criminal act;
2. Member has been indicted;
3. Member has created or been involved in a situation that will cause substantial and immediate harm to HTCIA; OR
4. Member has violated provisions within the HTCIA Code of Ethics.8
C. Immediately upon receiving the complaint an Ethics Committee, made up of the 1st Vice President of the IEC and four IBD members will investigate the allegation. None of these members can be the subject of the investigation or one of the parties making the allegation. Its job is to investigate the allegation. During their investigation, they will be required to forward notice of the allegation to the member concerned and to the member’s Chapter President requesting any information they may have on the allegation. At the conclusion of their investigation, they will forward a report to the IEC with a recommendation for or against placing the membership in abeyance.
D. The IEC will then decide whether the individual’s membership should be placed in abeyance. Within five days of doing so the IEC must advise the IBD and the member of their action in this case and set forth the reasons for doing so.
E. Abeyance of membership will automatically become termination of membership upon a conviction. In cases involving allegations of B (3) substantial and immediate harm to HTCIA, an investigation will immediately commence under the provisions of the discipline proceedings.
2. DISCIPLINE PROCEEDINGS
A. Member discipline, including termination of membership, may occur if a member commits any of the following:
1. The member violates the HTCIA bylaws other than the Criminal Defense Section which requires immediate membership termination.
2. Willful participation in area that creates a conflict of interest;
3. Conduct unbecoming of an HTCIA member;
4. False or frivolous allegations of misconduct against another HTCIA member;
5. Conviction for a criminal offense while a member of HTCIA;
6. Purposeful Misrepresenting of facts when presenting findings;
7. Any act which directly conflicts with the HTCIA’s Core Values;
8. Any act which brings harm to HTCIA or is image.
B. Discipline of the member may only occur provided that the following procedures are followed:
1. A written complaint is received by the International Executive Officers, signed by two HTCIA members in good standing, within 30 days of knowledge of the allegation.
2. A notice from the International Executive Officers may only be sent by prepaid, registered U.S. mail to the most recent address of the member as shown on the corporation’s records, setting forth the allegations and possible sanctions. Such notice shall inform the member that unless he files a demand for a hearing under these bylaws within fifteen (15) days from the date of the post date of the notice the International Executive Officers will take action as indicated in the notice. If no demand for a hearing is receive, the action indicated by the International Executive Officers will be final and irrevocable. The demand for a hearing by the member must be in writing and sent to the International Secretary.
3. The member being disciplined shall be given an opportunity to be heard within fifteen (15) days of receipt of a demand by the International Secretary. The hearing will be held by a Special Member Disciplinary Committee composed of three members one of which is appointed by the International President, one of which is appointed by the member’s Chapter President, and one of which is selected by the member. If the Chapter President is the subject of the investigation, the chapter selection shall be made by the Chapter 1st Vice President. Written notice of the hearing shall be sent to the member and shall state the date, time and place of the hearing.
4. The Special Disciplinary Committee shall submit its written report containing a recommendation to the International Executive Officers and the member within fifteen (15) days. The report can be made available to the International Executive Officers via the International President. The International Executive Officers shall, after reading the report, make the decision which is final. Their decision shall be made a part of the minutes of the next regular or a special meeting of the International Board of Directors. The International Executive Officers shall notify in writing the member and the member’s Chapter Board of its decision.
A. The following is a non-exhaustive list of sanctions available to the International Executive Committee for established violations:
1. Permanent expulsion or prohibition from being granted membership for a set number of years;
2. Permanent prohibition from holding any HTCIA office or any number of years;
3. Censure at Membership meetings;
4. Fine not to exceed $100 paid to their respective Chapter within 90 days or membership is held in abeyance until fine is paid.
NEW CHAPTER AFFILIATION
Those individuals desiring to start a new HTCIA chapter must apply for chapter status to the International Board of Directors via application as designated by the International Board of Directors. A new chapter must meet the following qualifications to apply for HTCIA chapter status:
1. Must have 20 members which meet the membership qualifications for HTCIA as set forth in these bylaws.
2. Must agree to the financial obligation as stated in the HTCIA Treasurer’s Manual.
3. The application for new chapter status must reach the International Board of Directors no less than forty five days before the annual International Board of Director’s meeting.
4. The vote for a new chapter membership will take place at the annual International Board of Directors meeting.