![]() Incorporated in 1997, The Pennsylvania Association of Licensed Investigators strives to "raise the bar" for the Private Investigations profession in the Commonwealth of Pennsylvania.
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PALI Goals PALI Code of Ethics PALI Code of Conduct PALI By-Laws
PALI members recognize the high principles of ethical conduct in the investigation field. At all times each investigator represents the highest standard of dealing honestly, justly, fairly and courteously with all clients they represent. The members will maintain the highest level of ethical conduct in the practice of their profession. Members will explain to the public, at an appropriate time, the role of their profession in the administration of justice. Members will practice honesty with other investigators and other professionals. At no time will they damage or injure the professional reputation of another investigator or private investigative agency. If an investigator or agency is guilty of unethical, illegal or unfair practice, the information will be directed in writing to the Ethics Committee. Members will provide those services, which they are competent and qualified to perform. They will refrain from accepting an assignment if there is a personal or business conflict of interest. The client will be dealt with fairly and equitably. With each undertaking, the basis for fees and the duties of the investigator will be provided to the client. Members will adhere to confidentiality in their investigative dealings and respect that of their clients and information obtained. Members will not compete illegally with other investigators in the solicitation of work. They will conduct themselves in an ethical manner whenever engaged in the solicitation of work. Members will not represent themselves in a misleading or deceptive manner. They will avoid all conduct or practice likely to discredit or do injury to the dignity and honor of their profession. Members will not knowingly violate any laws regulating business practices and the profession itself. No rights or privileges of a citizen, which may be guaranteed by the United States or an individual State's Constitution, will be violated. Members will make all reporting based upon truth and fact and will express honest opinions on that basis. No personal feelings or prejudices will be allowed to interfere with factual and truthful disclosures of the results obtained from investigative assignments for clients. Members will maintain technical competency at such a level that the client receives the highest quality services that the member's discipline is capable of offering. They will take advantage of professional growth and training opportunities whenever possible and keep up with advances in the state of the art. Members will support the efforts of PALI in promoting high standards for the profession of private investigator. Duties will be performed at the highest standard of excellence. Members shall, prior to providing a person with any personally identifying or location information of an individual, conduct appropriate due diligence to ensure that the person has a legitimate business or legal interest in obtaining that information. When such due diligence is not possible or appropriate, or if the person appears to not have a legal or business interest, the person shall be informed that their contact information will be provided to the subject they are seeking and the personal identifying information of the subject they are seeking will only be provided to the person if that party consents. PALI Code of Conduct Return to Top PREAMBLE: PENNSYLVANIA LICENSED DETECTIVE
As a Pennsylvania Licensed Detective you are a very select and special professional. You have been entrusted and empowered by the court to provide protection to the citizens of the Commonwealth. This protection may take the form of actual physical security. It may take the form of gathering information that will allow individuals and business entities to make prudent decisions that can affect their assets. Most importantly, you are empowered to gather evidence to be used before the many and various tribunals of the law. In this capacity you protect all members of the Commonwealth by assuring that the truth makes its way into the tribunal process. The essence of freedom is the ability to make judgments. Freedom is exercised through the judgment process. In order that a judgment be just, the truth regarding the entirety of the circumstance must be known to the judgment maker. Truth is the moral currency among free people. As a license holder you provide the moral currency that assures family members the confidence that the decisions they make are in the family's best interests; that ensures employees may have confidence in their employer's decisions; that provides business-men the knowledge that their decisions serve the best intersts of their employees and those to whom they have fiduciary responsibility; that provides lawyers the assurance that they are giving the best advice to their clients; and jurors the comfort that they have rightfully fulfilled the most solemn duty of free men - to sit in judgment of another free man. An Investigator uses a careful step by step, patient inquiry or search to accurately ascertain the facts about a given matter. A Detective uses the same process and its progeny combined with context and an understanding of human nature to discover the truth. Detectives are in the business of discovering matters of secret and pernicious import for the protection of the public. A Detective is the bulwark that insures that the justice system is just! You perform that role by being the moral conscience of the advocacy process! Advocacy is a champion process. Each professional legal advocate promotes his view of the facts as known in each situation. Except as it may occur by convenience, advocates may have little interest in the truth. They are interested in promoting what appears outwardly and ostensibly to be true. In the mind of the advocate, the relationship between what is true and the truth is nominal. Champions are devoted to convincing a finder of fact to reach the verdict desired by the champion. Dedication to the truth varies by champion and case. The potion prepared by the Detective to dissolve the detritus from the gold of truth is a mixture of morality and context. To perform these functions set forth by the Pennsylvania Legislature, and ordained to you by the Pennsylvania courts, you must, on a daily basis, conform yourself to the most ethical and moral standards. The role of the Ethics committee for the Pennsylvania Association of Licensed Investigators is to assist you in demonstrating to the citizens of Pennsylvania the high ground you occupy in voluntarily subjecting yourself to a stringent Code of Ethical Conduct. RULES OF PROFESSIONAL CONDUCT
Part 1 - LICENSE HOLDER CLIENT RELATIONSHIPRule 1.1 - CompetenceA license holder shall engage to provide to a client only services that the license holder, or those operating under authority of his license, is reasonably competent to provide.
Rule 1.2 - Scope of ServicesRule 1.3 - DiligenceA license holder shall act with reasonable diligence and promptness in completing assignments.
Rule 1.4 - CommunicationRule 1.5 - Fees
Rule 1.6 - Confidentiality
Rule 1.7 - Confilict of Interest
Rule 1.8 - Successive Government and Private EmploymentRule 1.9 - Terminating Assignment
Part 2 - COUNSELOR2.1 - AdvisorA license holder shall exercise independent professional judgment and render candid advice. In rendering advice the license holder should refer to the law, forensic sciences, and other relevant considerations such as moral, social and political factors that may impact the client's situation. 2.2 - IntermediaryNot- withstanding that a license holder's role is as an analyst, not an advocate, the license holder may act as a intermediary as a service to a client. The goals and limits of the mediation shall be set by consultation and consent of the client. The set limits shall not be exceeded without consultation with and consent of the client. Part 3 TRIBUNALS AND FACT FINDERSRule 3.1 Candor Towards Tribunals and Fact Finders
Part 4 - Maintaining the Integrity of the ProfessionRule 4.1 Truthfulness in StatementsA license holder while performing activities related to his license shall not knowingly make a false statement of material fact to a third party, except while engaged in a sub- rosa role determined to be proper conduct, lawful conduct and necessary conduct in completing a service. Rule 4.2 Legitimacy of ServiceA license holder shall not provide services when he knows or recklessly disregards available knowledge that : Rule 4.3 MisconductIt is professional misconduct for a license holder to: Rule 4.4 Reporting MisconductRule 4.5 Safety of OthersPart 5 - Enforcement of the Code of ProfessionalismRule 5.1 Basis For EnforcementEnforcement of the code of professional conduct serves as a demarcation. It sets apart those who are like minded in their discipline to ethical standards of moral and right behavior from those who do not share such values. Investigations, inquiries, and proceedings conducted by the committee shall be in accord with the rules of professional conduct. Rule 5.2 Structure of the Ethics Committee
Rule 5.3 Committee OperationsRule 5.4 Procedure for Investigation
Rule 5.5 Procedures For Misconduct HearingRule 5.6 Sanctions
Part 6 - Guidance on the Rules of conductRule 6.1 Guidance
Rule 6.2 Confidentiality
PALI By-Laws
PREAMBLE This Association was formed to promote and maintain the highest standards and practices for licensed investigators, to foster and perpetuate among its members a spirit of cooperation, and establish mutual trust, good will and fellowship, among licensed investigators, private security personnel, persons engaged in law enforcement, and with all the citizens of the Commonwealth of Pennsylvania. The Association shall also provide for the continuing education of its members. ARTICLE I - NAMESection 1. The name of the Association shall be Pennsylvania Association of Licensed Investigators. The abbreviated version of the Association name shall be PALI. ARTICLE II - OBJECTIVESSection 1. The objectives and purpose of this Association shall be to promote professionalism and ethical standards within the licensed investigators’ industry and to promote the principles and policies set forth in the foregoing preamble to this Constitution and Bylaws. This is meant to include continuing education as a means to promote professionalism. The use of the term "investigator is synonymous with the term, "detective” for these purposes. The Association is also to provide a collective voice for the private investigation industry in the Commonwealth. ARTICLE III - LOCATION, EMBLEM, SEALSection 1. This Association shall be incorporated as a nonprofit entity in the Commonwealth of Pennsylvania. Section 2. The location of the principal office of PALI shall be the address as directed by the President. The Board of Directors may authorize the President to hire an Executive Secretary who would serve as a focal point for the group and a Corporate Consul for legal advice. Section 3. The official emblem of the Association shall consist of an outline of the Commonwealth of Pennsylvania in a circle with the name in the circle. The word PALI shall be scribed in the middle of the Commonwealth outline. Section 4. The official emblem of the Association shall be used for official business only. Use of the official emblem or Association name by members in personal advertising matter or on business cards or stationery to infer sanction is prohibited, except that members may indicate membership in the Association. Section 5. The corporate seal of the Association shall be in such form and design as the membership may select, and shall bear the name of the corporation and the year and state of its incorporation. The corporate seal of the Association shall be maintained by, and held in the custody of the Association Secretary. ARTICLE IV - MEMBERSHIPSection 1. Full membership is open to all persons who meet the eligibility requirements set forth by the Commonwealth of Pennsylvania and are licensed. Membership applications are subject to review and recommendation by the Membership Committee. Applicants' names are to be published and voted upon by the Board. A simple majority shall be sufficient to approve an applicant for membership. Membership is a privilege, not a right and applications for any type of membership may be denied. Existing members maybe expelled by a majority vote of the PALI board. Section 2. Associate membership is open to any individual residing outside of the Commonwealth of Pennsylvania and who is qualified to operate as a private investigator under the respective laws and regulations existing in that person's jurisdiction. Section 3. Affiliate membership is open to all persons engaged in the profession of private investigations, or private security services, or who exhibit and express an interest in furthering the standards and objectives in the preamble and Article II of this Constitution and Bylaws. Affiliate members shall be eligible to serve on appointive committees but shall not be eligible to hold office nor to vote. An example of an affiliate member would be an investigative employee of a licensee, a corporation or law firm or other entity not requiring licensing under the Pennsylvania Private Detective Act. Section 4. Service and Industry membership is open to any individual or corporation that provides services or products relating to the private investigative industry and has an interest in furthering the standards and objectives in the Preamble, Article II of this Constitution and Bylaws. Section 5. All full members in good standing of the Association as described in Section 1 above shall be equal with respect to voting privileges and eligibility to hold office. Section 6. Application for membership shall be made on an application form approved by the Association, accompanied by the appropriate membership fee. Section 7. The membership year shall begin on the first day of January and end on the last day of December. Section 8. Continued membership in the Association shall be granted after membership dues have been paid in full for the new membership year. Section 9. Membership shall only be granted to applicants who are recommended by the Membership Committee after the investigation outlined in Article VIII, Section 7 of these Bylaws. Membership shall be denied to anyone who is denied a private investigator's license, loses their license during their membership term, or upon recommendation of the Membership and Ethics Committees. ARTICLE V - DUESSection 1. Annual dues for all members of the Association will be set by the Board of Directors to meet the needs of the organization. The dues at this time are $100.00 per year. Section 2. The dues cycle will begin on the first Day of December (of the current year) and end on the last date of February of the dues year. Section 3. Payments made in December would be discounted by 25%, making the dues $75.00. Section 4. Payments made in January would be at the proscribed rate of $100.00. Payments made in February, will be assessed a 25% late fee, making the dues payment $125.00. Section 5. Failure to pay the dues by the last day of February of the dues year will result in the loss of PALI membership and benefits. Persons wanting to be reinstated must apply using the normal membership process. Section 6. Lifetime membership maybe conferred on any member in good standing who retires from the profession upon approval of the PALI Officers. Lifetime members shall not be required to pay annual dues. ARTICLE VI - OFFICERS, DUTIES AND RESPONSIBILITIES, ELECTIONSSection 1. Any full member in good standing may hold elective office in the Association. Section 2. Elected officers of the Association shall consist of President, First Vice President, Second Vice President, Secretary, Treasurer, and Chairman of the Board, six (6) Regional Directors, and three (3) Directors at Large. The President shall not hold that elected office for more than two (2) consecutive terms. Section 3. Officers shall be elected by secret ballot for a term of two (2) years by a majority vote of a letter vote or E-mail ballot of the membership. Section 4. The President shall be the chief administrative officer of the Association. The President shall exercise general supervision over the business affairs, interest and welfare of the Association, shall appoint all standing committee chairmen and such special committees as deemed necessary. The President shall be an ex officio member of all committees and shall perform such other duties as may be approved by the membership. The President shall serve without compensation. Also, the President shall hire and supervise the Executive Secretary who will handle the general administration function of the Association. Section 5. The Vice Presidents shall assist the President in the exercise of the duties of that office, shall preside in the absence of the President and shall perform any and all duties specifically delegated by the President. The Vice Presidents shall serve without compensation. Section 6. The Secretary shall ensure that an accurate account of the minutes of all meetings and votes of the Board of Directors of the Association are kept; receive and answer all communications addressed to that office or that may be submitted to that office for this purpose by officers of the Association; supply and issue applications for membership and receive such applications when executed and forward them to the Membership Committee Chairman for appropriate action; and perform such other duties as may be required. The Secretary shall serve without compensation. Some of these duties may be delegated to the Executive Secretary, the headquarters staff person. Section 7. The Treasurer shall collect and record all money due to the association from the Executive Secretary and in other means, deposit the funds in the Association bank account and pay all valid bills upon presentation of a suitable invoice. A report will be given to the Board at any meeting or at any time as specified by the President. The Treasurer shall serve without compensation. Section 8. The President of the Association shall assume the post of Chairman of the Board when the term of President is over. The Chairman of the Board shall serve as the meeting chairperson in the absence of the President. This individual shall preside at all Board Meetings, according to Robert Rules. Section 9. The elected officers and directors of the Association may be removed by a majority vote of the Board of Directors. Section 10. The Regional Directors are elected to actively participate in the management process by recruiting new members, maintain contact with existing members, assist in the resolution of problems, coordinate regional meetings for networking purposes and other duties as specified by the President and Board of Directors. They should also work with the District Attorney’s and Court Clerk’s office in developing and maintaining the mandatory list of licensed investigators in their regions. ARTICLE VII - BOARD OF DIRECTORSSection 1. The Board of Directors shall be composed of the Chairman of the Board, President, First Vice President, Second Vice President, Secretary, Treasurer, six (6) Regional Directors, and three (3) Directors at Large. All standing committee Chairpersons and the Legal Counsel are non voting members of the Board. Section 2. The Board of Directors shall be recognized as the governing body of the Association, subject to the Constitution and Bylaws. Section 3. The Board of Directors shall act in an executive capacity and will vote on any relevant issues and matters which would require action prior to or at any Annual, Regular or Special Meeting of the Association. The position of Legal Counsel and Affiliate Representative are non-voting positions. Section 4. A majority vote of the Board of Directors voting shall be binding on the Association. Section 5. All members of the Board shall have one vote each. Section 6. The Chairman shall make a report to the membership at the annual meeting of the Association. Section 7. The Board shall perform all duties and functions as set forth in the Constitution and Bylaws. Section 8. The Board shall establish policy governing the conduct of its own affairs and shall alter its procedures in its sole discretion. Section 9. A majority of the Board members in good standing shall constitute a quorum at any meeting of the Board. Section 10. The Board shall have the authority to remove from office, any officer or Board member who fails to perform his or her duties. The Board shall also have the authority to appoint a replacement for any unfilled Board or Officer vacancy. Section 11. Board Members may remain on the Board of Directors until the end of their elected position until the expiration of their elected term, even after a voluntary non renewal of their license. Section 12. The President may appoint members or non members as special advisors at his/her discretion. ARTICLE VIII - APPOINTMENTS, COMMITTEES AND DUTIESSection 1. The President may appoint a Chairman and Co-Chairman for each standing committee, to serve for the term of his or her office. The President may also appoint affiliate members to serve the Association in various capacities as he or she sees fit. The President may also remove any committee member for any good reason. Section 2. Standing committee appointments shall be published at the earliest possible time on the PALI web site, or in such publication as the President may select. Section 3. The President shall establish other committees and make appointments as necessary. Section 4. The Constitution and Bylaws Committee shall examine the Constitution and Bylaws of the Association when necessary and will recommend proposed amendments and/or revisions. Section 5. The Education and Training Committee shall coordinate and schedule speakers, seminars and any other activities related to education and training as offered by the Association. Section 6. The Legislative Committee shall study, draft and prepare bills, ordinances and resolutions representing the Association's position on issues for local, state and federal legislative and/or regulatory governmental agencies charged with the administration of matters of interest to the Association; further, the Legislative Committee shall be responsible for informing members and/or other committees of proposed industry regulations or legislative matters of interest. Section 7. The Membership Committee shall have charge of all matters pertaining to the procurement of new members and shall thoroughly investigate all applicants for membership; further, the Membership Committee shall maintain records of member participation and shall have the power to recommend revocation or denial of membership as appropriate for just cause after providing the applicant or member with notice of the reasons for the revocation or denial and an opportunity to be heard thereon. Section 8. The Publications Committee shall be responsible for the preparation, editing and publication of all official publications of the Association. The Publications Committee shall be responsible for the timely publication of all notices pertaining to proposed membership in the Association and to membership renewal. The newsletter Editor shall be either the Chairman or Co-Chairman of the Publications Committee. Section 9. The Steering Committee shall provide the Board with guidance on matters of revenue, organization, membership, continuing education or other issues that may be requested by the President. Section 10. The Ethics Committee shall provide guidance to the Board in regard to the ethical behavior of the members and advise the Chairman of any instance where a member may have violated generally accepted behavior of those in the profession. The Board shall be asked to decide what action, if any shall be accomplished by the organization. Section 11. The Arbitration Board shall be appointed by the President and the members of this Board will be held in confidence by the President. The Board will investigate disputes between members and any association member may request a board hearing but the rulings of the board will be binding to the affected members. Board members will remain anonymous from the membership and each other and will act in the best interest of the PALI organization. The operating details shall be the responsibility of the President based on the circumstances involved. ARTICLE IX - QUORUMSection 1. Ten (10) members in good standing including two (2) members of the Board of Directors, one of whom should be the President or Chairman of the Board, shall constitute a quorum to transact business at any regular or special meeting. Meetings need not be of a personal nature and teleconferences may be used to expedite the issues. Votes on issues other than for the annual elections may be made by email. Section 2. No person shall take active part in any meeting unless such person is a member in good standing. Section 3. The President or Chairman of the Board must recognize motions that would change the operations or Bylaws before a Board vote may be conducted. After this recognition, the President or Chairman of the Board will call for the appropriate discussion and vote and the Secretary shall duly record the vote and disseminate the results to the membership. ARTICLE X - SSection 1. Regular business meetings of the Association shall be held at least once a year, at a time and place to be determined by the President and announced in a timely manner in the newsletter and on the web site. Email to the membership may also be used to communicate with the membership and hold Board meetings. The Annual meeting for the election of officers shall be held in September, October, or November in time for the officers to assume their duties on the first day of January. Section 2. Special meetings of the Association may be called by the President or Chairman to transact any business deemed appropriate, providing, timely notification to all members in good standing is made specifying the time, place and purpose of the meeting. Section 3. Any three officers of the Association may call a special meeting of the Association to transact business deemed appropriate, providing, timely notification to all members in good standing is made, specifying the time, place and purpose of the meeting. Section 4. The President shall schedule a special meeting of the Association upon a written request of twenty percent (20%) of the members in good standing, who shall state the time, place and purpose of the request. ARTICLE XI - AMENDMENTS OR REVISIONSSection 1. This Constitution and Bylaws may be amended or revised by a two-thirds (2/3) majority vote of the Board of Directors, provided that the proposed amendments or revisions shall have been communicated to the members of the Board , either by United States mail or electronic mail dated at least fifteen (15) days prior to the vote. Amendments maybe offered for consideration on a timely basis. Section 2. All amendments or revisions to this Constitution and Bylaws shall become effective immediately following an affirmative vote of the membership. ARTICLE XII - PROCEEDINGSSection 1. Robert's Rules of Order, on all points not specifically provided for in this Constitution and Bylaws, shall govern all proceedings of the Association. April 24, 2007 |