Private Investigator’s Association of Utah

Affiliations

Association Member – NCISS

State Association Member – AIASS

Accomplishments

  • Organized – 1994
  • Sponsored the Private Investigators Regulation Act (Utah Title 53) – passed in 1995
  • Helped ensure access to protected records, including DMV and drivers license records – 1996
  • Worked with legislators, the Law Enforcement Legislative Committee, and the insurance industry to maintain access to protected accident reports – 2002
  • Worked with the Law Enforcement Legislative Committee to prevent the transfer of oversight from DPS – 2002
  • Worked with the Law Enforcement Legislative Committee to prevent the negative provisions of HB 217 and worked to speed up processing of investigator licenses – 2003
  • Sponsored SB 111 which authorized private investigators to serve petitions supplemental orders , orders came up to show cause , notices, small claims orders, writs of garnishment and garnishee orders – 2003
  • Worked with Layton City to clarify exemption of private investigators from the city’s “dumpster diving” ban – 2005

As Members of the Private Investigator’s Association of Utah, and holders of the public trust, we hereby affirm and subscribe to the following Code of Ethics.  We therefore pledge to:

  • Perform all professional duties in accordance with and in obedience to legislative requirements as set forth by statute and regulation.
  • Conduct investigations keeping in mind the interest of the client as part of the investigation.
  • Maintain the confidentiality of information received from the client as part of the investigation.
  • Maintain the integrity of protected records obtained through lawful means by verifying information through public sources prior to dissemination.
  • Ensure that prior to providing a person or client personnally identifying or location information, conduct the appropiate due diligence to ensure that the person has a legitimate right whether business or legal interest in obtaining that information.
  • Shall use due diligence to insure that all employees, associates, and co-workers adhere to this same code of ethical conduct as outlined; respecting all persons and working within the limits of the law.
  • Shall ensure that adequate compensation for those engaged in investigative work is paid in a suitable time frame.
  • Avoid employment which would infringe upon the confidentiality of clients and produce a conflict of interest.
  • Conduct business worthy of the public trust, not engaging in any practice which would bring perception or real harm to the association, its members or to the profession as a whole.
  • Report findings of investigations fully, honestly and objectively.
  • When called upon to give testimony in legal proceeding, all testimony will be honest, and unbiased, protecting the rights of the guilty as well as the innocent.
  • Never maliciously defame or criticize the professional reputation or practice of colleagues, clients, employers, or any member of the PIAU.
  • Shall refrain from unethical and improper solicitation of business; including false or misleading claims or advertising.

BY-LAWS
of the
Private Investigator’s Association of Utah, Inc.
Adopted January 27, 1995 and Amended January 1, 2009

ARTICLE 1 – NAME
1.01 Name. The name of this Association is the PRIVATE INVESTIGATOR’S ASSOCIATION OF UTAH, INC. The association is a nonprofit mutual benefit corporation.

ARTICLE II – PRINCIPAL OFFICE
2.01 Principal Office. The principal office of the Association shall be at a location designated by the Board of Directors.

ARTICLE III – PURPOSE

3.01 Purpose. The purposes of the Association include:

  1. Raise the standards of the Private Investigation profession
  2. Provide continuing education for the profession
  3. Improve the public’s image of the profession
  4. Lobby for the needs of the profession
  5. Provide a collective voice for the profession
  6. Provide a network for the profession

ARTICLE IV – SEAL AND EMBLEM

4.01 Seal.  The Official Seal of the Association shall be an oval with the Private Investigator’s Association of Utah emblem within the oval.

4.02 Emblem.  The Official Emblem of the Association shall be the following design: Inside a full oval is the outline of mountains with the words: TRUTH, JUSTICE and INTEGRITY.

4.03 Use of Seal.  Use of the seal, emblem, name, initials and other symbols of the Association, as approved by the Board of Directors, is a privilege of membership and may be used only by members. Upon termination of membership, use of seal, emblem, name, initials, and other symbols of the Association shall be discontinued.

ARTICLE V – MEMBERSHIP

5.01 Class of Membership. The Association shall have the following classes of membership: active, associate, affiliate, service and industry, honorary and emeritus.

5.02 Active Membership. Any individual licensed in the State of Utah to practice private investigations shall be eligible to apply for active membership. Membership maybe approved or denied by the board of directors. The membership is taken as an individual and is not transferable. Active members shall have the right to vote and hold office.

5.03 Associate Membership.  Any individual residing outside the state of Utah and not licensed in Utah, who in his or her own jurisdiction is qualified under the respective laws or regulations to operate as a private investigator, shall be eligible to apply for associate membership. Associate members shall have the right to vote in person but not by proxy or representation. Associate members shall not have the right to hold office.

5.04 Affiliate Membership.  Any individual who does not qualify for active or associate membership, but who is an employee of a licensed private investigator, or is an employee of a state, federal or proprietary agency exempted from licensor, shall be eligible to apply for affiliate membership. Affiliate members shall not have the right to vote or hold office.

5.05 Service and Industry Membership.  Any individual who provides services and/or materials relating to the investigative industry shall be eligible to apply for service and industry membership. Service and industry members shall not have the right to vote or hold office.

5.06 Honorary Membership.  An honorary membership may be granted by the Board of Directors. It is limited to name only and carries no privileges of membership. Honorary memberships may be revoked at any time by a majority vote of the Board of Directors.

5.07 Emeritus Membership.  An emeritus Membership may be granted by the Board of Directors and carries all privileges of Membership. Emeritus Membership may be revoked at any time by a majority vote of the Board of Directors

5.08 Obligations of Membership.  Each member of the Association agrees to be bound by these Bylaws, the PIAU Code of Ethics and amendments thereto, and by the lawful actions of the Board of Directors or voting members of the Association.

5.09 Membership Plaques and Certificates.  Membership plaques and certificates are the property of the Association and must be returned to the Association upon termination of membership.

5.10 Member Liability.  No member of the Association shall be personally or otherwise liable for any of the debts, and/or obligations of the Association.

5.11 Compensation and Expenses.  Members of the Association shall serve without pay. The Board of Directors may allow a member actual and necessary expenses of Association business.

5.12 Association Records.  All official correspondence, papers, and records in the possession of members when serving as officers, directors, or members of committees are the property of the Association.

5.13 Cessation of Membership.  A membership shall terminate whenever any of the following events have occurred: 1) Resignation of member; 2) Annual membership dues are not paid on or before May 31 of each year; 3) Expulsion by the Board of Directors (after review of facts and findings) pursuant to member not adhering to the PIAU Code of Ethics, 4) Explusion by the Board of Directors (after recview of facts and findings) pursuant to Article XIV of the Bylaws.

5.14 Public Disclosure of Member Standing.  The Association shall have the right to disclose to the public the standing of any of its members. Membership shall be in the following four categories: member, pending, suspended, nonmember.

ARTICLE VI – DUES AND ASSESSMENTS
6.01. Dues.  The Board of Directors shall set the amount of annual dues for membership. The Board of Directors shall furnish to the membership annually through the Association newsletter, or general circulation to the membership, what the annual dues will be. This information shall be noticed to the general membership at last sixty (60) days before the beginning of the Association’s fiscal year.

6.02 Payment of Dues.  Membership dues are due and payable May 1 of each year.

6.03 Assessments.  The Board of Directors may levy such additional assessments as are necessary to carry out the activities of the Association, upon ratification of tow-thirds (2/3) majority of the Directors voting.

ARTICLE VII – REGIONS
7.01 Definition of Region.  A “Region” means a region created in the state of Utah and shall be referred to in these Bylaws as ‘Region”.

7.02 Creation of Regions.  The Board of Directors shall determine the name, region, and number of Regions in the Association.

7.03 Region Affiliation.  Each member shall designate in writing to the principal office of the Association, the Region with which he or she choose to affiliate.

7.04 Region Meetings and Elections.  Each Region shall hold a minimum of four (4) meetings during the fiscal year, one of which shall be held in May of each year for the purpose of electing a Regional Director.

7.05 Compliance with Bylaws.  Each Region shall abide by all Bylaws of this Association and all resolutions of the Board of Directors.

ARTICLE VIII – ANNUAL BUSINESS MEETING
8.01 Annual Business Meeting.  The Association shall hold an Annual Business Meeting at a place and time determined by the Board of Directors.

8.02 Quorum.  One third (1/3) of the voting members of the Association shall constitute a quorum.

ARTICLE IX – OFFICERS AND DIRECTORS
9.01 Officers.  The officers are the President, Vice President, and Secretary and or Treasurer.

9.02 Board of Directors.  The Board of Directors shall consists of not fewer than five (5) nor more than ten (10) members, with the exact number to be fixed by the Board of Directors. The Board of Directors shall include the President, Vice President, Secretary and or Treasurer, the immediate past President, and additional members as decided by the Board of Directors. Should a vacancy occur, an active member shall be elected to replace him or her at the Annual Business Meeting. The vacancy shall be filled by the Board of Directors if said event occurs after the Annual Business Meeting at the discretion of the Board of Directors.

9.03 Nominations.  Voting members present at the Annual Business Meeting shall have the right to nominate and vote for any eligible candidate.

9.04 Vote by Proxy.  Vote by proxy or representation shall not be allowed.

9.05 Eligibility for Office.  To be eligible for the office of President, the candidate must have been an active member for one year immediately prior to the Annual Business Meeting. The candidate’s primary employment must be as a private investigator. Any member in good standing will be eligible to hold all other leadership elected positions.

9.06 Time and Place of Election.  Elections will be held during the annual business meeting.

9.07 Terms of Office.  The term of office for Officers and Directors begin January 1st and ends December 31st and the term of office for all positions shall be for one year.

9.08 Dismissal.  Any member of the Board of Directors missing two meetings in the fiscal year, without approval of the Chairman of the Board, shall be dismissed from their position on the Board of Directors.

9.09 Recall.  Recall for any member of the Board of Directors shall be conducted in accordance with state law.

9.10 Vacancies.  Any vacancy in office may be filled for the un-expired term by the Board of Directors.

ARTICLE X – BOARD OF DIRECTORS
10.01 Meetings.  A Board of Directors meeting shall be held within sixty (60) days following the Annual Business Meeting, at a location and date selected by the President. A minimum of four regular Board of Director meetings shall be held during the fiscal year.

10.2 Quorum.  A Simple majority of the full Board of Directors shall constitute a quorum.

10.03 Election of the Chairman of the Board.  The first order of business of the first Board of Directors meeting shall be to elect a Chairman of the Board. Immediate past President and non-office holding members of the Board are eligible to serve as Chairman of the Board.

10.04 Chairman of the Board.  The Chairman of the Board shall preside over all meetings of the Board of Directors, and shall schedule all meetings following his or her election.

10.05 Special Meetings.  Special meetings of the Board of Directors shall be held upon four days notice by first class mail or forty-eight hours notice if delivered personally, by telephone, by facsimile, or other electronic communication. Special meetings may be called by the Chairman of the Board, the President, a Vice President, or any two Directors. Special Meetings and voting may be conducted via telephone, facsimile, or first class mail.

ARTICLE XI – DUTIES OF OFFICERS
11.01 President.  The President shall supervise the business operations of the Association, preside at the Annual Business Meeting, and perform such other duties as directed by the Board of Directors.

11.02 Vice President.  The Vice President shall assist and direct the District Directors in the administration of their districts, and perform all duties delegated by the President.

11.03.  Taken out of the bylaws refer to 11.02

11.04 Secretary and or Treasurer.  The Secretary and or Treasurer shall record the minutes of all Board Meetings, the Annual Business Meeting and special meetings; oversee the financial matters of the Association; submit current financial reports to the Board of Directors; and perform all duties as delegated by the President.

ARTICLE XII – APPOINTMENTS AND COMMITTEES
12.01 Committees.  The President and the Board may establish committees as deemed necessary.

12.02 Appointments.  The President shall appoint a Chair for each Committee. The Chair of each Committee shall, with the approval of the President, appoint the members of the committee. All appointments shall be published in the Association newsletter.

ARTICLE XIII – MANAGEMENT
13.01 Corporate Powers.  The activities and affairs of the corporation shall be conducted, and all corporate powers shall be exercised, by or under the direction of the Board of Directors.

13.02 Restrictions. All policies and activities of the Association shall be consistent with all applicable federal, state, and local antitrust laws, trade regulations or other legal requirements, and applicable tax exemption requirements.

13.03 Management.  The Board of Directors shall have the authority to employ or contract with a person or company to manage the daily operations of the Association.

13.04 Audit.  The Board of Directors may appoint a Certified Public Accountant to perform an annual review or audit of the financial records of the Association.

13.05.  The Board of Directors shall have the authority to remove any officer or board member, by majority vote, for two unexcused absences at designated board meetings,or for failure to carry out their duties and responsibilities, or for conduct detrimental to the association.

ARTICLE XIV – DISCIPLINE
14.01 Discipline. All disciplinary action will be handled through the Utah State Department of Public Safety.

ARTICLE XV – INDEMNITY AND INSURANCE
15.01 Indemnity.  To the fullest extent permitted by law, the Association shall indemnify and hold harmless any and all past, present, or future directors and officers, as identified and defined in these Bylaws, and, in its discretion and in accordance with law, may indemnify and hold harmless any agent or employee of this Association of and from all liabilities, expenses and counsel fees reasonably incurred in connection with any and all claims, demands, causes of action, and other legal proceeding to which they may be subjected by reason of any alleged or actual action or inaction in the performance of the duties of such director, officer, employee or agent on behalf of the Association. The provisions of the Article shall be interpreted and applied subject to which any director, officer, employee or agent may be entitled by law.

ARTICLE XVI – AMENDMENT OF THE BYLAWS
16.01 Amendment of the Bylaws.  The Bylaws of the Association may be amended by a majority vote of voting members at the Annual Business Meeting. Amendments to the Bylaws shall not be presented to the membership at the Annual business Meeting unless reasonable notice has been given.

ARTICLE XVII – DISSOLUTION
17.01 Dissolution.  This Association may be dissolved at any time by a majority of voting members thereof in good standing. Upon the dissolution of

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