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CAPC BYLAWS
As confirmed by Industry Canada
1. CORPORATE SEAL
1.1 The Corporate Seal
in a form designed by the Board of Directors shall be the Seal
of the Corporation.
1.2 Where the Seal of the Corporation is required by law or By-laws
of the Corporation to be affixed to a document of any nature,
it shall be affixed by the Secretary or any appointed member of
the
Board of Directors.
1.3 The Secretary shall have the custody of the Seal.
1.4 All documents required to be executed under Seal shall
be signed by the President and Secretary and in their absence
by
any two
other members of the Board of Directors.
2. HEAD OFFICE
2.1 The Head Office of the Corporation shall be in the City of Ottawa,
Province of Ontario, Canada.
2.2 The Corporation may establish such other offices elsewhere within
Canada as the Board of Directors may deem expedient by resolution.
3. DEFINITIONS
In these By-laws, unless the
context otherwise indicates:
3.l Association - Signifies the Canadian Association of Professional
Conservators, a body corporate incorporated under Part II of the
Canada Corporations Act.
3.2 Profession - Signifies the profession of the Conservation
of Cultural Property.
3.3 Conservation - Means the application of knowledge,
methods and working standards needed to examine, protect, preserve,
maintain
and restore the condition and the integrity of any objects or
structures which because of their history, significance, rarity
or workmanship
have a commonly accepted value and importance for the common
good.
3.4 Professional Conservator - Means one who within
the profession (a) has received training and (b) has gained experience
and (c)
whose primary professional affiliation lies in the profession
of Conservation
and who has been accepted for membership in the Association according
to the criteria for admission as laid down in the Rules and Regulations
of the Association, and is in good standing.
3.5 Board of Directors - Means the body of the Association
as described in Article 8 of these By-laws. The elected Members
of the Board
of Directors are the Officers of the Association.
3.6 Annual Meeting - Means the Annual General Meeting
of the Association as described in Article 7 of these By-laws.
3.7 Board of Examiners - Means an examining body appointed
by the Board of Directors for the purpose of determining eligibility
of
an applicant for admission. This body is further described in
the Rules and Regulations of the Association.
3.8 Directory - Means the complete published list of
all Professional Members of the Association.
3.9 Ethics and Standards - Means the code of professional
behaviour and standards of practice as outlined in the Code of Ethics
and
Guidance for Practice of the Canadian Association for Conservation
of Cultural
Property and of the Canadian Association of Professional Conservators,
CAC/CAPC (2000) or as amended from time to time. This document
is hereinafter called the Code of Ethics.
4. MEMBERSHIP
4.1 All members of the Association shall be Professional
Members in one of the categories of membership defined in the Rules
and
Regulations of the Association.
4.2 Any person may be admitted to the Association as
a Professional Member in an appropriate category if he/she satisfies
the Board
of Examiners that he/she meets the criteria for admission as
defined in the Rules and Regulations.
4.3 Acceptance of membership in the Association shall
constitute an agreement on the part of the member to conform to all
the
By-laws, Rules and Regulations, Code of Ethics, negotiations
and requirements
of the Association which may from time to time be adopted by
the Association in accordance with procedures described in these
By-laws
and in the Rules and Regulations. Members are required to endorse
this commitment annually.
4.4 Membership in the Association may be terminated by the Board
of Directors in the following circumstances:
(a) If a member is in default of fees for one year.
(b) If a member acts contrary to the aims and objectives of the
Association, as described in the Rules and Regulations or in the Code of Ethics.
4.5 A member in good standing may withdraw from the
Association by submitting a letter of withdrawal to the Board of
Directors
or by
failing to submit the annual membership fee.
4.6 A member in good standing who resigns from the
Association may be readmitted through re-application according to
the procedures
outlined in the Rules and Regulations.
4.7 A member in good standing who for one reason or
another suspends practice for a period of five years or more may
be required to
submit to re-examination in order to maintain his/her professional
standing.
4.8 All accredited members of the Association in good standing may
vote on matters pertaining to the Association.
5. MEMBERSHIP CERTIFICATE
5.1 Each person admitted to the Association as a Professional
Member, after paying the appropriate membership fee as described
in Article
6, shall be presented with a certificate of membership specifying
the category and area/s of specialization.
5.2 The certificate shall be in such a form as is authorized,
from time to time, by the Board of Directors.
5.3 Membership certificates shall be validated annually on payment
of the annual membership fee and endorsement of the commitment described
in Article 4, Section 4.3.
6. FEES AND REVENUE
6.1 There shall be two types of fees: (a) Examination
Fees and (b) Annual Membership Fees, the amount of such fees to be
determined
and approved by the membership. In addition to the foregoing,
the Board, by Resolution may levy such other charges as it may
consider
appropriate from time to time.
6.2 Examination Fees
Candidates for examination are required to pay an examination fee
payable in two instalments: (a) an Application Fee shall be payable
before the examination, and shall not be refundable, and (b) a Registration
Fee shall be payable upon successful completion of the examination
process. Such fees shall be the same amount for each candidate examined
within the same fiscal year.
6.3 Annual Membership Fees
Membership fees shall be payable after admission to the Association
and thereafter on the first day of January in each year. This
fee is waived for the fiscal year in which the member is admitted.
6.4 Donations and Grants
The Board of Directors is empowered to receive donations, grants
or benefits on behalf of the Association for the purpose of furthering
the objects of the Association, and for this purpose the Board of
Directors shall have the power to take such steps as deemed necessary
to enable the Association to receive such donations, grants or benefits.
7. MEETINGS OF THE ASSOCIATION
7.1 There shall be two types of meeting of the Association
for the purpose of transacting business:i) Annual
General Meetings; ii) Special General Meetings.
7.2 Annual General Meetings
Annual General Meetings of the Association shall be
held at a time and a place in Canada to be determined by the Board
of Directors.
The members may resolve that a particular meeting of members
be
held outside Canada. Any Annual General Meeting must be held
no less than
eleven (11) and no more than fourteen (14) months after the
previous Annual General Meeting.
7.2.1 Notice of every Annual General Meeting of the
Association, including the time, place and agenda of such meeting,
shall
be given in writing and sent to all members at least thirty
(30)
days in advance
of the Meeting. The non-receipt of such notice by any member
shall not invalidate the proceedings of such meeting.
7.2.2 The order of business at the Annual General Meeting
shall be prepared by the Board of Directors.
7.3 Special General Meetings
Special General Meetings of the Association may be called as follows:
i) By the President of the Association when deemed necessary or when
requested to appeal a Membership Review (see Rules and Regulations).
ii) By the Secretary of the Association at the request of a majority
of the Board of Directors.
iii) By the Secretary of the Association at the request
of one-fifth (1/5) of the Professional Membership.
7.3.1 Notice of any Special General
Meeting, including time, place and agenda, shall be given in writing
and sent
to all
members not
more than fourteen (14) days after having been requested
by any of the means described under Sections 7.3 i), ii)
and iii)
above,
and
not less than thirty (30) days prior to the date of the
meeting. The purpose of the meeting shall be stated in
the announcement,
which should contain sufficient information to permit the
member to form
a reasonable judgment on the decision to be taken, and
only the subject or subjects for which the meeting has
been called
may
come before
the meeting.
7.3.2 The Location of Special General
Meetings shall be the city of the mailing address of the Association.
7.3.3 The Chairperson for a Special
General Meeting shall be the Officer responsible for calling the
meeting, as
described under
Section 7.3, who shall also be responsible for the order
of
business at the
meeting.
7.4 Voting and Proxies
Any member of the Association in good standing is entitled
to vote at General Meetings of the Association. A
member in good standing who cannot attend a General Meeting
may
give any
other
member in
good standing his or her right to vote by proxy. All
proxies must be in writing in the form sent out with
the Notice
of the meeting,
must be signed by the member giving the proxy and by
the proxy member and must be registered with the Chairperson
prior to
the beginning
of the General Meeting.
7.5 A Quorum for any general meeting
of the Association shall consist of not less than twenty percent
(20%) of
the Professional
Members
of the Association in good standing. Proxy forms, duly
signed by the member and the proxy member, shall be regarded
as
valid for
the establishment of a quorum.
7.6 Postal Ballots of the membership
may be held to transact business when the Board of Directors deems
that a General
Meeting is not
required, except where the Canada Corporations Act requires
a meeting. Members
must respond to a postal ballot within thirty (30) days
of its mailing. Business
thus proposed shall require approval by a majority of the
Professional Membership. Non-return of a postal ballot
shall be regarded
as an affirmative vote.
8. BOARD OF DIRECTORS
8.1 The affairs of the Association shall be under the
control of, and directed by, the Board of Directors of the Association.
8.2 The Board of Directors shall consist of the following
elected officers: President, Vice-President, Secretary,
Treasurer, Member-at-large, CAC Liaison Officer and Membership
Chairperson,
all of whom shall
be members of the Association and Canadian citizens or
landed immigrants, shall serve without remuneration, and
whose term
of office shall
be of two years. Elected members of the Board of Directors
are eligible for re-election for one additional term in
that office,
and also
may be re-elected for one further term in another office.
No
elected member may serve on the Board of Directors for
more than three
consecutive terms. Election of the Board of Directors
shall be by vote of the general membership at the Annual
General Meeting.
Removal
of a member of the Board of Directors shall be by vote
of the general membership at an Annual or Special General
Meeting
of the Association.
In addition to the elected officers of the Association,
the Board of Directors shall include one Past-President
who shall
be an
ex-officio non-voting member. The President, upon completion
of his/her term
of office, shall fill the office of Past-President for
a one-year
term. If the President who succeeded him/her vacates office
before the end of this term, the term of the Past-President
shall end
with that of the President who succeeded him/her.
8.3 The office of a Director shall be automatically
vacated upon the occurrence of one or more of the following circumstances:
a) if he/she shall resign from office by delivering a written
resignation
to the Secretary of the Corporation; b) if at a Special
General Meeting of the Association a resolution is passed
by three-quarters
(3/4)
of the members in good standing present that he/she should
be
removed from office; c) if upon his/her death; d) if he/she
becomes of
unsound mind or is declared to be mentally incompetent;
e) if he/she ceases
to be amember of the Association; f) if, in the opinion
of three-quarters (3/4) of the Directors, he/she fails
to fulfill
the duties of
his/her position, and at a duly constituted meeting of
the Board of Directors
a resolution is passed by three-quarters (3/4) of the Directors
that he/she should be removed from office; provided that
if a vacancy shall occur for any reason, for any of the
elected members,
the
Directors
may by resolution fill the vacancy with a member in good
standing.
Such person shall hold office temporarily until the next
Annual General Meeting of the Association at which time
a replacement
shall be elected
by the members to fill such office. Notwithstanding anything
contained herein, the person appointed by the Board of
Directors to fill
the vacancy shall be eligible to run for such office at
the said next
Annual General Meeting, provided he/she is still a member
in good standing. If the office of the Past-President is
vacated,
it will
remain so until the President vacates office and becomes
eligible to fill the position of Past-President.
8.4 The Board of Directors shall have no other powers
than to administer the affairs of the Association strictly within
the
terms of reference
outlined in these By-laws. The specific duties of the members
of the Board of Directors shall include the following:
President: To call meetings of the Board of Directors
and to chair such meetings; to represent the Association in
whatever manner
may be necessary to further the aims and objectives of
the Association; to ensure that applications for professional
membership
are duly
processed and that candidates are informed of decisions
concerning
admittance as a member of the Association; to present
an annual President's
Report at the Annual General Meeting of the Association.
Vice-President: In the absence or disability of the President, to
perform the duties and exercise the powers of the President; to participate
and to perform such other duties as shall from time to time be imposed
by the Board of Directors.
Secretary: To attend all meetings of the Board of Directors
and to record minutes of meetings; to maintain files; to
be custodian
of
the Seal of the Association; to be responsible for general
correspondence; to organize the Annual General Meeting
of the Association; to
perform other duties as may be prescribed by the Board
of Directors or
President.
Treasurer: To be responsible for keeping full and accurate
accounts of all financial records of the Association and
to present at
the Annual General Meeting an annual Treasurer's Report
which outlines
the Association's financial status.
Member-at-large: To carry out any duties to further the aims and
objectives of the Association which may be agreed to by the Board
of Directors.
CAC Liaison Officer: To establish liaison, bring forward
issues of mutual interest and to coordinate any business
arising between
the
CAPC and the CAC.
Membership Chairperson: To chair the Membership Committee and carry
out any duties associated with the processing of applications for
membership, and other related duties as imposed by the Board of Directors.
Past-President: To act in an advisory capacity to the
Board of Directors.
8.5 Half of the elected officers of the Board of Directors
shall constitute the necessary quorum for the transacting
of business
at Board of Directors Meetings.
8.6 The Board of Directors shall meet at a mutually
agreeable place and time and as frequently as necessary. Such meetings
shall be
called by the President or the Vice-President. Written
notice of such meetings will be provided at least forty-eight
(48) hours
in advance
of the meeting, and at least two (2) weeks in advance of
the meeting if the notice is mailed.
8.7 The right to vote at meetings of the Board of Directors
shall be restricted to elected officers of the Board of
Directors. Written
resolutions will be approved by all members of the Board
of Directors.
8.8 The Board of Directors shall have the power to
co-opt members from the professional membership to form sub-committees.
8.9 The Board of Directors shall hold at least one(1) meeting in
joint session with the Board of Directors of the CAC every year.
This joint-session meeting will be chaired either by the President
of the CAPC or the CAC, on an alternating basis. The agenda will
be prepared by the chairperson for that meeting, in collaboration
with the other organization. No voting on Board business will occur
at joint CAPC/CAC Board meetings.
9. COLLABORATION WITH CAC
9.1 CAPC recognizes the Canadian Association for the
Conservation of Cultural Property (CAC) and the published Aims and
Objectives
of that organization. The CAPC supports the CAC’s
policy of providing open membership to individuals and
organizations
with an
interest in conservation, both in Canada and abroad, and
its role in establishing and maintaining an effective communications
network
through conferences, workshops, a scholarly journal, newsletter
and ad hoc committees on relevant issues. The CAPC will
collaborate with
the CAC on issues of mutual interest, as appropriate, to
encourage
co-operation and harmonization of resources between the
two organizations.
10. INDEMNITIES TO DIRECTORS AND OTHERS
10.1 Every Director or Officer of the Association,
or other person who has undertaken or is about to undertake any
liability on
behalf of the Association or any company controlled by
it, and their heirs,
executors and administrators, and estate and effects, respectively,
shall from time to time and at all times, be indemnified
and saved harmless out of the funds of the Association, from
and
against:
a) all costs, charges and expenses which such director,
officer or other person sustains or incurs in or about
any action,
suit or proceedings
which is brought, commenced or prosecuted against him or
her, or in respect of any act, deed, matter or thing whatsoever,
made, done or permitted by him or her, in or about the
execu tion of
the duties
of his or her office or in respect of any such liability;
b) all other costs, charges and expenses which he or
she sustains or incurs in or about or in relation to the affairs
thereof,
except such costs, charges or expenses as are occasioned
by his or her
own willful neglect or default.
11. FINANCE
11.1 The Board of Directors shall appoint an auditor
or auditors for the ensuing year who shall examine and audit the
accounts
of the Treasurer for that year and submit a report to the
Board of
Directors for presentation to the members of the Association.
The Treasurer
shall present a financial statement to the members at the
following Annual General Meeting of the Association.
11.2 The Auditor or Auditors shall have the power to
call for all accounts, vouchers, minutes, books, bonds and other
information
which may be necessary for a complete audit of the financial
affairs
of
the Association.
11.3 The fiscal year of the Association shall end on
the thirty-first day of December.
11.4 Any two of the following four officers shall sign
all cheques, bills of exchange or other negotiable instruments:
the President,
Vice-President, Treasurer or Secretary.
11.5 Responsibility for the financing of general meetings,
conferences, conventions or special meetings shall rest
with the Board of
Directors. Funds for these purposes may be accepted from
interested persons,
corporations or governments.
11.6 Funds of the Association not needed for immediate purposes may
be invested in such a way as the Board of Directors shall from time
to time direct. The Board of Directors may also direct the sale,
transfer or the disposal of such investments.
12. BOARD OF EXAMINERS
12.1 There shall be Boards of Examiners appointed by
the Board of Directors to examine applicants for Professional Membership
in the
Association.
12.2 The Board of Examiners and the Examination are
fully described in the Rules and Regulations of the Association.
13. AMENDMENT OF BY-LAWS
13.1 Proposals to introduce new By-laws or to amend
or replace existing By-laws, shall be originated by the Board of
Directors,
signed by
at least three members and shall reach the Secretary not
later than thirty (30) days before the date of the meeting
if the
same are to
be considered at the next annual meeting of the Association.
The Board of Directors shall consider the proposals, and
either lay
the matter before the Association at the next annual meeting
thereof or, if deemed advisable, take a postal ballot immediately.
In the
latter case, thirty (30) days shall elapse before the date
when the
ballot shall be closed.
13.2 A two-thirds (2/3) majority of votes cast shall
be necessary to introduce new By-laws, to amend or repeal
existing By-laws,
which amendment/s shall not be enforced or acted upon until
the approval
of the Minister of Industry Canada has been obtained.
13. 3 No change in the By-laws shall be voted on at an annual meeting
unless fourteen (14) days notice of such proposed change has been
mailed to members.
14. SIGNATURE AND CERTIFICATION
OF DOCUMENTS
14.1 Contracts, documents or any instruments in writing
requiring the signature of the Association shall be signed by any
two (2) Officers and all contracts, documents and instruments
in writing
so signed
shall be binding upon the Association without any further
authorization or formality. The Seal of the Association when
required may
be affixed to contracts, documents and instruments in writing
signed
as aforesaid
or by any Officer or Officers appointed by resolution of
the Board of Directors.
15. RULES AND REGULATIONS
15.1 The Board of Directors may prescribe such rules
and regulations not inconsistent with these By-laws relating to the
management
and operation of the Association as they deem expedient,
provided that
such rules and regulations shall have force and effect
only until the next Annual General Meeting of members of the
Association
when they shall be confirmed, and failing such confirmation
at
such
Annual General Meeting of members shall at and from that
time cease to have
any force and effect.
16. INTERPRETATION
16.1 In these By-laws and in all other By-laws of the
Association hereafter passed unless the context otherwise requires,
words
importing the singular number or the masculine gender shall include
the plural
number or the feminine gender, as the case may be, and vice versa,
and references to persons shall include firms and corporations.
17. REPEAL
17.1 Upon the coming into force of the within By-laws, all prior
By-laws of the Association shall automatically be repealed.
RULES AND REGULATIONS GOVERNING MEMBERSHIP
as confirmed by the membership on February 12, 1996
I. CATEGORIES OF MEMBERSHIP
AND AREAS OF SPECIALIZATION
1. CATEGORIES OF MEMBERSHIP
(a) There is one type of membership in the Association,
namely the Professional Member.
(b) Within the Professional Membership, there are two
sub-categories, the Conservator and the Conservation Scientist.
2. AREAS OF SPECIALIZATION
Each professional member shall be admitted to the Association
in one or more areas of specialization defined, in the
case of the
Conservator, by the type of object or the type of materials
on which the Conservator
works (e.g. Paintings, Metals, Wooden Objects) or by the
type of conservation activity engaged in (e.g. Conservation
Management,
Preventive Conservation, etc.); and in the case of the
Conservation Scientist,
by the areas of scientific enquiry in which the Conservation
Scientist works (e.g. (e.g. Analysis, Environment).
II. CRITERIA FOR ADMISSION
1. GENERAL REQUIREMENTS
Admission to the Association can be gained only
by the following procedure:
i) Satisfying the basic Eligibility Requirements for
application;
ii) Completing the Formal Application and submitting
it with Supporting documentation; and
iii) Successfully passing an Examination by a Board
of Examiners.
iv) Paying the examination (application and registration)
fees.
The procedure is described in detail hereafter:
2. ELIGIBILITY REQUIREMENTS
i) Training in Conservation
The candidate must have received training in any one of the
following ways:
a) Formal conservation training programme.
b) Apprenticeship under experienced conservator/s or
conservation scientist/s.
c) Other training, including self-training, which
may be considered by the Board of Examiners to
be equivalent
to
the above.
ii) Experience
Candidates must have a minimum of six full years
in conservation including training and practice,
or at least 3
years of conservation experience after graduation from a
recognized conservation
training programme.
iii) Professional Involvement
A demonstrated involvement in the conservation
field is required for at least four years, for
example professional interaction or
consultation with other conservators, membership
in professional conservation associations, and/or
other related activities.
iv) Status
Candidates must be currently active in the field
of conservation. They should be Canadian citizens
or landed immigrants,
or should be working principally in Canada.
3. FORMAL APPLICATION
Formal application requires that candidates submit the following:
i) A completed Application Form. Forms are obtained
from the Secretary of the Association.
ii) Supporting Documents: It is the responsibility
of the applicant to provide supporting documents
to confirm
training
and experience,
as listed in the Application for Membership
Guidelines. The Membership Committee shall
verify that the
application contains
all the
information required. The Board of Examiners
shall decide on the adequacy of
the documentation.
With regard to Training this should include
transcripts of formal training in conservation
(where applicable),
letters
of reference
or other documentation.
With regard to Experience, this should include
letters of confirmation of work experience
from, for example,
institutions, employers,
clients, or other individuals in the field
of conservation.
iii) An application fee must be remitted
prior to holding the Examination and should
generally
be sent
along
with the Application
Form and
the Supporting Documents. Upon successful
completion of the Examination, a registration
fee must
be remitted.
4. MEMBERSHIP COMMITTEE
i) The Membership Committee consists of the elected Membership
Chair, and other CAPC members who are selected by him/her.
ii) The Membership Committee is responsible for
processing applications according to these
Rules and Regulations
Governing Membership.
This includes: verifying that all documents
and fees related to an application
have been received and that the candidate
meets the basic eligibility requirements before proceeding
with examination
arrangements;
keeping the candidate informed of the status
of his
application; selecting
the candidate's Board of Examiners and having
the members of the Board of Examiners approved by the
Board of
Directors; ensuring that all the application
documents and portfolio
circulates
to
all members
of the Board of Examiners; organizing the
holding
of examination boards; keeping all application
and examination
documents
in a
confidential file.
iii) All Membership Committee members are
required to sign an oath of confidentiality
upon appointment,
to
ensure
confidentiality throughout the examination
process.
iv) The applicant is entitled at any time
during the examination process to consult
the information
contained
in his/her
membership application file.
5. EXAMINATION
The examination is directed at establishing the applicant's
professional competence and ability to take
responsibility for the initiation
and execution of conservation projects of
a practical, scientific or managerial nature. It is designed
to
assess the applicant's
knowledge, abilities and ethical principles.
It has two main sections. The first
concerns general knowledge and principles
common
to all professionals in the field of conservation. The
second concerns knowledge, ability and standards of
practice specific
to the applicant's
area/s of specialization.
i) General Knowledge and Principles
The applicant must be able to demonstrate adequate
knowledge of the factors which affect the
preservation of
the cultural property.
These
factors include the following:
a) Effects and control of the environment.
b) Basic care, handling, storage and transportation
of cultural property.
c) Ethical principles, including the
relationship of the conservation profession
to society,
the cultural object,
the custodian (owner)
of the object, the originator of the
object and the conservation profession
itself.
ii) Specific Knowledge, Ability and Standards of
Practice
Knowledge is assessed chiefly through an interview
with the Board of Examiners and normally will include
the following:
a) Cultural and historical significance
of the object.
b) Examination techniques.
c) Documentation procedures.
d) Materials of the object.
e) Technology and fabrication of the
object.
f) Conservation materials and processes.
g) Possible effects of treatments
on objects.
h) Relevant literature.
i) Organization and design of
appropriate workspace.
j) Health hazards, safety and
precautions.
k) Insurance responsibilities.
l) Security.
Note that when the application
is in the category of Conservation
Scientist
the
above criteria
may vary
to correspond with
the applicant's area of expertise.
Ability, Quality of Work and Methods of Practice are
assessed by the following methods:
a) Examination of a portfolio of conservation projects
or case histories, where applicable. This would
normally include five to ten projects
for which the applicant has been responsible. The
projects should be representative of the range
of conservation experience of the
applicant, as relevant to the application, and
should illustrate the level of documentation (written
and photographic) maintained
by the candidate. In particular, recent projects
and work in progress should be included. The actual
number of projects included in the
portfolio may vary depending on the magnitude and
complexity of the projects submitted.
b) The applicant's studio
or laboratory facilities
will
be described in
the applicant's application
and will
be discussed
during the
examination. If the applicant
does not have a laboratory,
he will
nevertheless need to demonstrate
knowledge of
laboratory related issues,
including basic facilities,
equipment,
tools and supplies
for the applicant's
field of specialization,
adequate equipment for the
types of
work
undertaken, acceptable
level
of security
for
objects, health and
safety concerns, and so on.
c) Assessment of publications
where relevant.
d) Consideration of letters
of reference attesting to
the quality
of work,
methods of practice,
and work experience,
where applicable.
e) The Board of Examiners
may request additional information
during the
examination process,
for example: additional
documentation on projects;
additional letters of reference;
or the
holding of
an in
situ examination of laboratory
facilities and work in progress.
6. BOARD OF EXAMINERS
i) Appointment and Responsibilities
For each applicant, a Board of Examiners is selected by the
Membership Committee and
appointed by the Board of Directors of the Association.
Its responsibilities are
as follows:
a) To sign an oath of confidentiality
upon appointment, to ensure
confidentiality throughout
the examination
process.
b) To assess eligibility
for membership.
c) To conduct the examination.
d) To provide the Board
of Directors with a written
report of the
examination. This
report
is written
by one of
the Standing Members
of the Board of Examiners
and must be signed by
all its members.
e) To recommend to the Board of Directors if the
applicant should be admitted or refused admittance
as a Professional Member of the
Association, in which category, and in which area/s
of specialization. Any recommendation must be approved
by a majority of the Board of
Examiners.
N.B. It is the responsibility of the Board of Directors
to ensure that the Board of Examiners
has correctly discharged its duty, and to communicate the decision of
the Board of Examiners to the applicant.
f) To make recommendations to the successful and unsuccessful
candidates regarding possible
areas of improvement in knowledge, abilities and ethical approaches in
their conservation practice.
ii) Constitution of the Board of Examiners
Each Board of Examiners must consist of at least four (4) experienced
members of the conservation profession selected by the Membership
Committee and appointed by the Board of Directors, as follows:
a) Two Standing Members. In particular, they are responsible for
ensuring that Boards follow CAPC Rules and Regulations Governing
Membership and are carried out consistently from one Board to another.
All Standing Members are designated by the Board of Directors; they
must be members in good standing of the Association and experienced
members of CAPC Board of Examiners. The President and Vice-President
of the Association are automatically appointed as Standing Members.
To ensure continuity, Standing Members should serve staggered terms,
subject to annual review by the Board of Directors.
b) A minimum of two other members appointed by the
Board of Directors on an ad hoc basis to ensure that the ap°©plicant's
area/s of specialization is/are adequately represented. The ad
hoc members
of the Board of Examiners need not be members of the Association.
c) The Chairperson of a Board of Examiners must be
one of the two Standing Members. He/she must have served on a minimum
of
three
previous Boards of Examiners.
d) The Membership Chairperson will not normally sit
on Boards of Examiners.
7. APPEALS
i) If the Membership Committee declines an application
on the grounds that it does not meet the basic eligibility requirements,
and
the applicant is dissatisfied with the reasons given, the applicant
can appeal to the Board of Directors.
ii) If the Board of Examiners should recommend against
the admission of an applicant, and the applicant is dissatisfied
with the reasons
given, the applicant can request a meeting with one of the Standing
Members of the Board of Examiners, to review its findings and
recommendations. If further information is acquired, the Standing
Member may decide
to reconvene the Board of Examiners in order to reevaluate the
application, or in order to recommend to the Board of Directors
the holding of
a new Board. After meeting with one of the Standing Members,
if the applicant is still dissatisfied with the outcome, he may
appeal to
the Board of Directors, who has the option of calling a new board.
8. ADDITIONAL AREA OF SPECIALIZATION
\Any member in good standing who wishes to become accredited
in another or additional area of specialization may submit an
application for
partial re-examination (with the understanding that priority
shall be given to the processing of original applications for
admission).
III. MEMBERSHIP
REVIEW
1. CONTRAVENTION
In accordance with maintaining the aims and objectives of the Association,
it is the responsibility of the Board of Directors to appoint a Chairperson
of the Complaints Committee to review any formal complaints concerning
the ethics and standards of practice of members of the Association.
Allegations of unethical or incompetent behaviour may be lodged by
a member of the Association, or by any individual or institution
external to the Association. The Board of Directors shall begin a
review process only if such complaints are submitted in writing and
signed by the complainant.
2. COMPLAINTS REVIEW PROCESS
i) Upon receiving a formal, written complaint against
a member of the Association, the Board of Directors shall instruct
the Chairperson
of the Complaints Committee to establish whether or not the complaint
is within the jurisdiction of the Association, that is to say,
if it pertains to the member's professional ethics and/or standards
of practice, as outlined in the Code of Ethics.
ii) If the complaint is not within the Association's
jurisdiction, it will be dismissed and all parties so informed in
writing.
iii) If the complaint is within the Association's jurisdiction,
the Board of Directors must proceed with investigating
it in a manner which will ensure maximum confidentiality
consistent with obtaining the information necessary
to make an objective judgment.
iv) Specifically, there shall be four stages to the
Review Process as follows:
Stage 1.
On receipt of a written complaint against a member,
which is within the Association's jurisdiction, the Board of Directors
must inform
that member and provide the member with a full and complete
copy of the original complaint. The member concerned is required
to
respond in writing within thirty days. Lack of response, without
good cause,
may result in revocation of membership.
Stage 2.
The Board of Directors must review the response and attempt
to resolve the situation on the basis of this information.
Stage 3.
In cases where further testimony or evidence is required, the
Board of Directors must proceed in a manner which continues
to respect
the principle of confidentiality expressed in Section 2.
iii) above. The member concerned will be asked to co-operate
by
providing more
information and agreeing to the Board of Directors' consulting
witnesses. All information received by the Board of Directors
will be made available
to the member concerned. If desired, the member may appoint
a colleague in the museum or conservation profession to
act as
his/her spokesperson.
Failure by the member to co-operate with the Board of Directors
may result in revocation of membership.
Stage 4.
On consideration of the evidence, the Board of Directors must
proceed with one of the following options:
i) Where the complaint is found to be without justification, the
member shall be exonerated.
ii) Where the complaint is found to be the result of
a minor contravention of the ethics and standards of
the
Association,
as outlined in
the Code of Ethics, the member shall be notified of the
perceived deficiency
and advised to upgrade his or her standards in the future.
iii) Where the complaint is more serious, then in addition
to ii) above the member shall be censured and warned
that future violations
of this nature could lead to revocation of membership.
iv) Where the complaint is a result of a major violation
or repeated violations, then membership in the Association
will
be terminated.
v) Notice of the result of a membership review must be sent in writing
to the member concerned by registered mail.
vi) In cases where the membership has been revoked,
the name of the person concerned will be removed from the
Directory and a bulletin
to this effect sent to Directory users. Before doing
this, a time lapse of thirty days will be allowed to
enable the
member to lodge
an appeal if this is so desired.
3. APPEAL
A member who has been the subject of a membership review as a result
of a complaint, has the right to appeal the decision of the Board
of Directors. Notice of the Appeal must be sent to the President
of the Association within thirty days of receiving the result of
the membership review. The right is to appeal the decision of the
Board of Directors to the membership at large.
This may be done as follows:
i) The member concerned must request in writing that
the President of the Association call a Special General Meeting of
the Association at which all the factors in the case shall
be
debated and the
decision voted upon.
ii) The President of the Association must call and
conduct such meeting as described in Article 7, Section
7.3 of
the By-laws.
iii) The result of the voting at such Special General Meeting shall
be regarded as final.
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