Proposed CRP Rules Changes Fall2009.Pages

Embed Size (px)

Citation preview

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    1/8

    Re: PROPOSED BYLAW AMENDMENTS

    Below please find the proposed bylaw amendments that were submitted by delegates andreceived in a timely manner and will be considered by the CRPs Committee on Rules.

    SUMMARY OF PROPOSED AMENDMENTS

    1. Concerning voters in primary elections (Fleischman)2. Concerning CRP elections (Lenning)3. Concerning the COO (Fleischman)

    4. Concerning the County Chairmens Association (Pruner)5. Concerning discipline of delegates (Joy)6. Concerning endorsements (Joy)

    Proposal 1: Concerning voters in primary elections

    Under Section 1.04(A) (2) delete the following: any person who is registered as decline-to-stateor non-partisan, who is otherwise qualified to vote at the election.

    Under Section 1.04(B) delete the following words: and decline-to-state and non-partisanvoters.

    Submitted by Jon Fleischman

    Proposal 2: Concerning CRP Elections

    1) P. 17 Modification/amendment by addition.

    Paragraph two under (A)

    60/30 Day Window Rule:Submissions of candidacy for the Officers of the Committee in Sect. 2.03.01, as

    well as County Chairs, shall be submitted no earlier than 60 days before, and nolater than 30 days before scheduled elections. Candidacy forms are to besubmitted to the State CRP Rules & Elections Committee, and to the State CRPoffice for state positions, and to the County headquarters for county chairs andofficers by these specified deadlines.

    90 Day Forms Post Rule:Submission requirements and forms for state positions shall be posted on theCAGOP and/or County GOP websites as applicable, no later than 90 days

    before elections. Candidacy forms must be faxed, mailed, or emailed, and mustbe postmarked by midnight no later than 30 days before elections. Pertinentfiling information will be included on submission forms.

    5 Day Notification Rule:The Rules & Elections Committee shall notify the County Chairs of eligible statecommittee candidates within 5 days after the submission deadline. The County

    nknownug 24, 12:18 PMdded Text

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    2/8

    Chairs shall notify the Rules & Elections Committee of eligible candidates forCounty Chairs and officers within 5 days after the submission deadline.

    3 Year Membership/Qualification Rule:All candidates must be registered Republicans in good standing at least threeyears before declaring candidacy for state and county party positions.Candidates for State Committee and County Chair must have held a priorposition in the Republican party structure, such as but not exclusively; centralcommittee member, prior candidate for office, local office holder, appointed/elected committee member or office, local unit officer or member, activist/

    volunteer, or anyone given a signed recommendation from a recognizedRepublican party leader in good standing.

    Appeals Hearing Rule:The Rules and Election Committee will determine if candidates are qualifiedcandidates as soon as possible, and notify candidates in a timely manner inorder to allow reasonable time for appeal. Appeals must be considered by theRules and Elections Committee if legitimate grounds are given. Appealdecisions must be given within a reasonable time-frame, in order to allow thecandidate declared by the Rules and Election Committee to be unqualified tohave a fair and reasonable opportunity to re-enter the election.

    Floor Nominations Exception Rule:In the event there are no qualified candidates for an office at the time of theelection, nominations may be taken from the floor at the time scheduled for theelection; however, nominations may only be taken if there are no previouslydeclared qualified candidates for the specified office, and the individual canshow proof of being a registered Republican for at least three years.

    If there are one or more declared candidates who have qualified for an office,no nominations will be considered on the floor for those offices. If declaredcandidates are determined not to qualify for an office, and there are no otherprocedural declared qualified candidates, nominations may be taken on the

    floor for applicable offices only.

    P 36

    Sec 2.06.06

    (B) Rules and Elections Committee

    Paragraph 2: The Rules & Elections Committee shall provide oversight ofelections of CRP State Officers (i.e., Sect. 2.03.01 {a} ).

    The Rules & Elections Committee shall have exclusive jurisdiction and monitorelections, including determining eligibility of candidates, timely filing,maintaining oversight of elections as advertised, and resolving electiondisputes in consultation with CRP counsel or the Bi-laws Chair, as necessary.

    P 55

    Section 5.03

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    3/8

    Proposed Amendments reported favorably by the Rules and Elections Committee may,(and wherever and Elections may be deemed necessary to follow this

    Addition to Rules.Committee as required).

    Submitted by Dianne Lenning

    Proposal 3. Concerning the COO

    In the following sections, change Chief Operating Officer or "COO" to read "ExecutiveDirector

    Table of Contents: 2.03.09 Duties of Chief Operating Officer Executive Director

    Section 2.03.01

    In addition, the following shall be an appointive officer of the Committee:a Chief Operating Officer Executive Director, appointed by the Board of Directors. Thefollowing shall be elected honorary officers of the Committee: the currentRepublican National Committee members for California. The followingshall be an honorary officer of the Committee: the President of the

    Association of the Republican County Central Committee Chairmen ofCalifornia. The Committee may appoint such additional subordinateofficers as it may deem necessary from time to time.

    Section 2.03.03 (C)

    The Chairman shall be the Chairman of the Operations Committee of theBoard of Directors, and shall perform general oversight and supervision ofthe operations of the Committee and the Chief Operating Officer Executive Director, on aday-to-day basis, and shall review and make recommendations to theBoard concerning the programs and projects of the Committee.

    Section 2.03.09

    Duties of Chief Operating Officer Executive Director

    (A) The Chief Operating Officer Executive Director shall be the Chief Operating OfficerExecutive Director of the Committee and shall, under the direction and control of theChairman,conduct the business and operations of the Committee.

    (B) The Chief Operating Officer Executive Director shall be employed on a full-time basis bytheCommittee.

    (C) The Chief Operating Officer Executive Director shall recommend to the Chairman plans,strategies, policies, and projects that will further the goals andresponsibilities of the Committee. The Chairman may then recommendthose plans, strategies, policies and projects to be approved by the Boardof Directors.

    (D) The Chief Operating Officer Executive Director shall establish a management andoperations structure, and shall hire, employ, manage and remove such personnel, asnecessary to discharge his responsibilities and the goals and

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    4/8

    responsibilities of the Committee in a highly professional manner.

    (E) The Chief Operating Officer Executive Director may receive, protect, manage anddisburse funds of the Committee as authorized or permitted by Board of Directorsthrough approved budgets, specific and general directions, and policies,subject to and in compliance with these bylaws. The Chief OperatingOfficer Executive Director shall be authorized to sign on all accounts of the Committee, as apart of the procedures adopted by the Board under Sections 2.05.02(D)and 3.04(E)(2).

    (F) The Chief Operating Officer Executive Director may enter into agreements, contracts, andpurchase orders with third parties in amounts less than $15000.00 for thelife of the contract to carry out these duties, subject to approval of theBoard of Directors, these bylaws, and the Committees budget.

    (G) The Chief Operating Officer Executive Director shall comply with applicable laws,regulations, these bylaws, and Board of Directors policies and directionsin carrying out his or her responsibilities.

    Section 2.05.02 (A). The business and operations of the Committee shall be managed by theChief Operating Officer Executive Director under the direction of the Chairman inaccordance with these bylaws.

    Section 3.04 (C)

    The Chief Operating Officer Executive Director, with the specific approval of the BudgetCommittee, shall propose to the Board of Directors for approval the

    biennial budget, within sixty days after the biennial Election Convention.The Chief Operating Officer Executive Director, with the concurrence of the BudgetCommittee, may propose revisions or amendments to the budget foradoption by the Board of Directors.

    Section 3.04 (E) (2)

    Effective January 1, 2009, the Chief Operating Officer Executive Director, or theController in the physical absence of the Chief Operating Officer Executive Director,shall be authorized by the Board to co-sign as an authorized signeron all accounts of the Committee. The Treasurer or the Chairmanin the Treasurers physical absence and the Controller in the ChiefOperating Officers Executive Directors physical absence shall be required on allaccounts of the Committee, or may provide recordable electronic approval.

    All wire or electric fund transfers must be approved bythe above-listed persons in advance.

    Section 3.04 (E) (3)

    If a Reserve for Unbudgeted Expenditures is specifically budgeted,the Chief Operating Officer Executive Director shall have the power to make from thereserve single expenditures, for unbudgeted items that do not

    exceed $5,000 or a lesser limit established by board policy, withoutprior approval of the Operations Committee.

    Section 3.04 (E) (4)

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    5/8

    Notwithstanding the foregoing, after approval of the biennialbudget by the Board, neither the Chief Operating Officer Executive Director nor anyother officer of the Committee shall disburse Committee funds orhonor any obligations except in accordance with the budgetapproved or amended by the Board.

    Section 3.05 (G) (1)

    The Chief Operating Officer Executive Director shall submit to the OperationsCommittee of the Board of Directors on an ongoing basis, inaccordance with the Operations Committees performance of dayto-day oversight and supervision, such written reports anddocuments as the Operations Committee shall require.

    Section 3.05 (G) (2)

    The Chief Operating Officer Executive Director, in consultation with the Treasurer,shall also submit to the Board of Directors on a monthly basis, bythe end of the month following, a written report comparing actualrevenue and expenditures to budgeted revenue and expenditures.

    Section 3.05 (G) (3). The Chief Operating Officer Executive Director, in consultation with theTreasurer, shall submit to the Board of Directors a semi- annual written reportcomparing actual revenue and expenditures to budgeted revenue and expenditures for thepreceding six-month period. Such report shall be submitted no later than 60 days following theclose of the period.

    Section 3.05 (I). The Chief Operating Officer Executive Director shall cause to be preparedand filed all financial reports required by federal, state and local law, including payroll taxreturns, income tax returns, and campaign disclosure reports. The Treasurer shall monitor andsupervise the preparation of such reports, and shall sign such reports, in accordance with his or

    her duties set forth in Section 2.03.06.

    Section 3.05 (A). Notwithstanding any other provisions of these Bylaws, the ChiefOperating Officer Executive Director, in consultation with the Treasurer, may employ orretain a Chief Financial Officer to manage the financial activities of theCommittee. The COO Executive Director, in consultation with the Treasurer, shall employ orretain a certified public accountant to oversee the accounting and financialreporting functions of the Committee, including assisting the ChiefOperating Officer Executive Director, the Chief Financial Officer, and the Treasurer inpreparing all budgets, revenue and expenditure reports, financialstatements, tax filings, campaign disclosure statements and other reportsrequired by law.

    Section 3.11 (A). The Committee shall establish and maintain financial developmentprograms aimed at donors of all giving capabilities and utilizing proventechniques for solicitation of donors, maintaining of donor relationships,and informing donors of how their funds are used. Primary responsibility

    for the establishment and maintenance of these programs shall be with theChairman, the Finance Committee and Chairman, the Team CalCommittee and Chairman, and members of the staff as designated by theChief Operating Officer Executive Director.

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    6/8

    Submitted by Jon Fleischman

    Proposal 4: Concerning the County Chairmens Association

    If the CRP decides to endorse, or not endorse, a candidate or initiative after the CCA has taken aposition, the position of the CCA shall be automatically suspended or, at the option of the CCAthe position of the CCA may be conformed to the position later taken by the CRP.

    Add New Section 2.06.06(K)

    (K) County Chairmens Association

    (1) The County Chairmens Association shall be authorized, in its own name only, toendorse registered Republicans for partisan office in California and proposed Californiainitiatives, but only subject to the following conditions:

    (a) The Committee has not taken a position with respect to such candidate orthe proposed initiative;(b) Two-thirds of the members of the County Chairmens Association presentand voting at a duly called and held meeting vote in favor of the endorsement;(c) The County Chairmens Association may not endorse such candidate orproposed initiative contrary to a position taken by the Committee with respect tosuch candidate or proposed initiative; and(d) If the Committee decides t endorse, or not endorse, or take any position

    with respect to such candidate or proposed initiative after the County ChairmensAssociation has taken a position, the position taken by the Committee shall bedeemed to be the position of the County Chairmens Association.

    (2) The County Chairmens Association shall be authorized to set up its own bankaccount with funds raised from its members and expended under the provisions of its

    bylaws.

    Submitted by Mark Pruner, President of the County Chairmens Association.

    Proposal 5. Concerning discipline of delegates

    Section 2.01.06 Discipline of Delegates

    Add new subsection (C) as follows:

    (C) Any delegate who has voted as a legislator to support a bill increasing state taxes or feesthat was opposed by the majority of the members of the Republican Caucus in thatmembers respective house of the California Legislature, or to override an incumbentRepublican Governors veto of any bill increasing state taxes or fees, and any delegate

    who as Governor has signed a bill increasing state taxes or fees opposed by the majorityof the members of the Republican Caucus in either house of the California Legislature,shall be deemed to have thereby resigned as a delegate of the Committee. Theindividuals position(s) on the Committee, the Executive Committee, and all othercommittees created by these bylaws shall be vacant immediately, without any otheraction required. This vacancy shall be filled pursuant to the provisions of Section

    2.01.05. This provision shall be effective upon adoption and shall encompass prioractions of delegates.

    Existing subsection (C) becomes subsection (D) and is amended as follows:

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    7/8

    (C)(D) Individuals who have been deemed to have resigned under Section 2.01.06(B) or Section2.01.06(C) shall be ineligible for a future delegate position on the Committee, theExecutive Committee, and all other committees created by these bylaws. Suchindividuals and their campaign organizations shall be ineligible to receive funds fromaccounts owned or controlled by the California Republican Party. With respect toindividuals deemed to have resigned under Section 2.01.06(C), this provision shall beeffective upon adoption.

    Section 3.02.02 Pre-Primary Endorsements for Partisan Elective Office in a Direct Primaryor Recall Election

    Add new subsection (C) as follows:

    (C) The Committee, the Executive Committee, and each Republican County CentralCommittee shall have the authority to endorse in any partisan primary election in whichone or more of the candidates for the Republican nomination has voted as a legislatoreither to support a bill increasing state taxes or fees that was opposed by the majority ofthe members of the Republican Caucus in that candidates respective house of theCalifornia Legislature, or to override an incumbent Republican Governor's veto of any

    bill increasing state taxes or fees, or as Governor has signed a bill increasing state taxesor fees opposed by the majority of the members of the Republican Caucus in either houseof the California Legislature. Such an endorsement shall require a majority vote of the

    voting members present and shall be in order at any meeting of the Committee,Executive Committee, or Republican County Central Committee without any other actionrequired. This provision shall be effective upon adoption.

    Submitted by Rohit Joy

    Proposal 6. Concerning endorsements

    Section 3.02.01 Board of Directors Endorsements

    (A) The Board of Directors shall not endorse, support or oppose any candidate forpartisan nomination in a partisan primary, any candidate for statewidenonpartisan elective office, or any state or local ballot measure; provided,however, the Board of Directors may endorse, support or oppose the recall of astate elected officeholder.

    Add new Section 3.02.05 as follows:

    Section 3.02.05 Endorsements for Statewide Nonpartisan Elective Office(A)Where there is more than one registered Republican candidate for election to a

    statewide nonpartisan elective office, neither the Committee nor the ExecutiveCommittee shall endorse, support, or oppose any candidate in such an election,except in the following manner and circumstances:

    (1) If the proposed action occurs at any time other than one of the twice-yearly regular conventions and meetings of the Committee, written noticehas been given to all persons entitled to vote at least five days in advance

    of the meeting of the Committee or Executive Committee.

    (2)A hearing is held and the candidates affected are given an opportunity toappear.

  • 8/14/2019 Proposed CRP Rules Changes Fall2009.Pages

    8/8

    (3)A candidate receives a two-thirds (2/3) majority vote of the members ofthe Committee or Executive Committee present and voting.

    Existing Section 3.02.05 becomes Section 3.02.06 and new subsection (C) is added as follows:

    Section 3.02.053.02.06 Definitions(C) Statewide nonpartisan elective office includes the office of State Superintendent

    of Public Instruction.

    Submitted by Rohit Joy