By-Laws. of the. Broome County Democratic Committee

Transcription

1 By-Laws of the Broome County Democratic Committee Updated: 18 September 2012

2 By-Laws of the BROOME COUNTY DEMOCRATIC COMMITTEE ARTICLE I GENERAL PROVISIONS Sec. 1 Party Membership The Democratic Party in Broome County shall consist of the qualified voters who have enrolled in the Democratic Party in their respective election districts in Broome County. Sec. 2 County Committee The Democratic County Committee shall consist of four (4) County Committee persons elected or otherwise appointed from each Election District in Broome County (Election Law 2-104). Sec. 3 Party Purpose The purpose of the Broome County Democratic Committee (BCDC) for which these By-Laws are drawn is to establish and promote Democratic principles in the County. The Committee shall have the power to govern the business and affairs of the Democratic Party in Broome County subject to these By-Laws and the Election Law of the State of New York. Sec. 4 Local Committee Local Committees are defined as any City, Town, Village or Council District Committee established as provided herein. Article II Party Organization Sec. 1 Election of County Committee members Members of the County Committee shall be elected in each odd numbered calendar year at the primary election in each such year held pursuant to the Election Law, commencing with the primary election to be held in the year All members, elected or otherwise appointed members, shall serve for terms expiring at the primary election in the odd numbered year following the year of their election or appointment. Sec. 2 Qualifications of County Committee members Each member of the County Committee shall be an enrolled Democrat residing in the Assembly District containing the Election District in which he/she is elected and preferably a resident of that Election District. Said member shall in any event be a resident of the County of Broome. Sec. 3 State Committee members Two (2) members of the State Committee shall be elected from each Assembly District in the County in the Primary Election in each odd numbered year, or at such other time, if any, as from time to time may be required by the Election Law. One such member from each Assembly District shall be male and the other female. Such members must be enrolled Democrats living in their respective Assembly Districts (Election Law 2-102). Sec. 4 County Committee The County Committee shall meet and organize as provided by the Election Law of the State of New York, and as provided in these By-Laws, within twenty (20) days after the Primary Election at which it was selected. The time and place of such meeting shall be designated by the outgoing County Chair.

3 The outgoing Chair shall preside until a temporary Chair is chosen by the County Committee at such meeting. The Committee Chair and all other officers elected at said organizational meeting, shall be elected by the majority vote of elected Committee members as provided in Article IV, Section 1 herein. Within three (3) days after the organizational meeting, the Secretary shall file a certificate stating names and post office addresses of the officers to the State and County Boards of Elections (Election Law 2-112). Sec. 5 Party Nominations for Town and Village Officers Nominations for candidates for public offices in the Towns of the County of Broome shall be made as follows: (a) (b) At primary election by a timely filing of primary designating petitions on the form prescribed by Article 6 of the Election Law of the State of New York. If no candidate is nominated as set forth in paragraph (a) above, then by party caucus in said Town, held pursuant to Section of Election Law of the State of New York. Caucus nominations must be made as established in the Election Law of the State of New York. Nominations for candidates for public offices in the Villages of the County of Broome are to be made in the same manner as has been the custom in the past, giving due regard to the Election Law of the State of New York (Article 15) and the practices in the several villages of said County. Sec. 6 Vacancies in Nominated Offices Unless a duly and legally constituted Vacancy Committee shall be in existence and able, ready and willing to function, and/or unless otherwise provided by law, a vacancy in the nomination of a County-wide candidate for public office occurring after a Primary Election shall be filled by the Executive Committee of the County Committee. In the event that the vacancy occurs in any political subdivision of the County, it shall be filled by the members of the County Committee in said political subdivision. Vacancies where the candidates are to be voted for by the electors of more than one county shall be filled in the same manner prescribed by the Election Law (Election Law 6-148). Sec. 7 Clubs and Other Organizations Any group, organizing as a club, incorporated or otherwise, whether using the word Democratic in its title or not, and wishing to be sanctioned by the Broome County Democratic Committee may be so only by a majority vote of the County Committee. The Executive Committee may grant temporary sanction or recognition until the next meeting of the County Committee. All such clubs shall file, with the County Committee within ten (10) days after adoption, a copy of their By-Laws and of any amendments thereof, and shall advise the Secretary

4 of the County Committee within ten (10) days after each election of the names, addresses, and telephone numbers of the organizations officers. Upon complaint to the chair or executive committee, the County Committee may sanction any club or organization as follows: The Executive Committee shall mail a written notice within ten (10) days informing the club or organization that its sanction may be withdrawn and that the matter will be considered at a designated Executive Committee meeting, at which time the club or organization shall be given an opportunity to be heard. If the Executive Committee recommends withdrawal of the sanction, the matter shall go to a vote of the full committee. The Chair of the Executive Committee shall mail a written notice to said club or organization within ten (10) days informing the club or organization of the proposed action by the County committee, and advising the club or organization that it will be given an opportunity to be heard at such County Committee meeting. If the county Committee votes to withdraw its sanction, a notice to that effect shall be mailed to the club or organization within ten 10 days following the meeting. Sec. 8 Vacancies How Filled - (a) County Committee a position on the County Committee shall be deemed vacant upon the occurrence of any of the following: (i) (ii) (iii) (iv) Resignation of Committee member by written notice to the respective Chair and the County Chair, Committee member moves out of the County, A committee member dies, or Otherwise becomes disqualified pursuant to the Election Law of the State of New York. (b) This vacancy shall be filled as follows: (i) The Chair of the respective local committee, with the approval or the local committee, shall nominate a duly qualified person to fill the vacancy. Notice of the nomination shall be sent by the local Chair to the County Chair, and the nomination shall be entered into the minutes of the next County Executive Committee meeting. (ii) Such vacancy shall thereafter be filled at the next County Committee meeting by majority vote of the Committee as shall be present in person or by proxy. Such person shall serve until the next odd numbered year primary election. (c) County Chair The office of the County Chair shall be deemed vacant upon the occurrence of any of the following:

5 1. Resignation, 2. Chair moves out of the County, 3. Death, 4. Inability to perform the duties of the Chair as determined by 2/3 vote of the Executive Committee, or 5. Becomes otherwise disqualified. Within thirty (30) days after the occurrence of a vacancy, and upon ten (10) days' notice, the Vice-Chair, shall call a meeting of the Broome County Democratic Committee for the sole purpose of electing a County Chair to fulfill the remaining term of the retiring County Chair. The form of the notice shall be approved by the Executive Committee of the County Committee. (d) Executive Committee and officers Other vacancies in any office on the Executive Committee shall be filled by appointment of the County Chair with the approval of a majority of the remaining members of the Executive Committee. Article III County Committee Meeting & Rules of Order Sec. 1 (a) Special Meetings In addition to the organizational meeting provided for in Article II, Sec.4, of these By- Laws, a Special Meeting may be called by the Chair, or a majority of the Executive Committee. The meeting shall be called by the Secretary within twenty (20) days after receipt of the request. Sec. 1 (b) Special Meetings A Special Meeting must be called upon the written request of holders of not less than twenty-five percent (25%) of the total weighted vote of the County Committee. The meeting shall be called by the Secretary within twenty (20) days after receipt of the request. Sec 1 (c) Annual Meeting In addition to the organizational meeting there shall be at least one (1) annual meeting of the County committee during each year. All meetings shall be held on at least ten (10) days' notice with the notice designating the time, place and agenda of said meeting. In computing the ten (10) day notice, the day following the date of mailing shall be the first day. The day of the meeting may be the 10th day. Sec. 2 Order of Business (i) The Order of Business at the organizational meeting of County Committee shall be as follows:

6 (a) Call of Roll (b) Selection of temporary Chair (c) Election of temporary Secretary (d) Appointment of Tellers (e) Appointment of Committee on credentials (f) Report of Credentials Committee (g) Adoption of permanent roll (h) Adoption of rules (applied only to organizational meeting) (i) Election and installation of permanent officers (j) Treasurer s report, Secretary s report (k) Old business (l) New Business (m) Filling of any County Committee vacancies (n) Adjournment (ii) All other meetings shall be conducted as follows: (a) Call of Roll (b) Reading of minutes of last meeting, (c) Reports of committees, treasurer, and secretary (d) Reports (e) Old Business (f) New Business (g) Filling of any Committee vacancies, (h) Adjournment Sec. 3 Rules of Order Proceedings of the County Committee and of its subdivisions and subcommittees, including the County Executive Committee, shall be conducted in accordance with Roberts Rules of Order (the latest edition), except as otherwise provided in the Election Law of the State of New York or in these By-Laws. Article IV County Committee Officers and Their Duties Sec. 1 Officers of the County Committee, who shall each hold office until the next organizational meeting, or until they resign, move out of the County, or become otherwise disqualified, shall be a Chair, two (2) Vice-Chairs, a Secretary, a Treasurer and a Sergeant-at-Arms, and shall be elected at the organizational meeting of the County Committee by a majority of the votes cast in person, or by proxy. Sec. 2 The Chair shall preside at all meetings of the County Committee and County Executive Committee and he/she shall perform such other duties as pertain to the office and as may be prescribed by these By-Laws, or required by law. In the absence of the Chair, a Vice Chair shall act. When the Chair and the Vice Chairs are absent, the Committee shall appoint a Chair Pro Tem. Sec. 3 The Secretary shall keep a permanent record of the minutes of all meetings,

7 shall call the roll at the opening of meetings, and perform such other duties as shall be required by the County Committee. A copy of the approved minutes shall be filed with the Board of Elections in a timely manner. At the expiration of the term or upon removal from office or inability to act, the Secretary shall deliver all records and other property of the County Committee to the County Chair. Sec. 4 The Treasurer shall receive all moneys, deposit them in a bank or banks selected by the Executive Committee, retain all receipts and documents in a permanent record, keep a correct accounting of all transactions in a permanent record, pay all bills that have been attested to by the County Chair as reflected in the budget, or directed to be paid by the Executive Committee. The Treasurer shall submit a written financial report within sixty (60) days after December 31st of each and every year to the Executive Committee, setting forth the assets and liabilities of the County Committee as of the preceding December 31st, and a statement of operations during the year ending on that date. The Treasurer shall be responsible for the filing of all financial forms on behalf of the Broome County Democratic Committee as required by New York State Election Law. At the expiration of the term, or upon removal from office or inability to act, the Treasurer shall deliver all records and vouchers or any other property belonging to the County Committee to the County Chair. Sec. 5 The Sergeant-at-Arms shall keep the door after the Committee shall be organized and when a member presents themself for admission after calling of the roll, shall announce their presence to the Secretary. The Sergeant-at-Arms shall assist the Chair in maintaining and preserving order. Sec. 6 All officers of the County Committee shall be enrolled Democrats and be members of the Broome County Democratic Committee. Exceptions shall be approved by the County Committee upon recommendation of the Executive Committee. Sec. 7 Prior to the organizational meeting the outgoing Chair shall appoint a credentials committee. The credentials committee shall verify the credentials of the individual members of the County Committee and shall segregate the elected members from all others present, so that all votes not taken by roll can be verified. Sec. 8 Local Committees the members of the County Committee within each of the following areas shall constitute the local committees of the County Committee: Town of Barker Town of Binghamton Town of Chenango Town of Colesville Town of Conklin Town of Dickinson Town of Fenton Town of Kirkwood

8 Town of Lisle Town of Maine Town of Nanticoke Town of Sanford Town of Triangle Town of Union, excluding the Villages of Johnson City and Endicott Town of Vestal Town of Windsor Village of Endicott Village of Johnson City City of Binghamton Sec. 9 The members of each local committee shall meet within thirty (30) days after their election to elect a Chair, and other officers as deemed necessary. Such officers must be duly enrolled members of the Democratic Party and must reside within the jurisdiction of the local committee. A majority of the voting power of the Committee shall constitute a quorum for voting purposes. Sec. 10 The retiring Chair of any local committee shall be responsible for calling the organizational meeting, giving a ten (10) day notice, and presiding until a temporary Chair is elected. Sec. 11 In the event that a retiring local committee Chair fails to call an organizational meeting within thirty (30) days, then the County Chair shall call and conduct a meeting or appoint another member of the respective Committee as Temporary Chair. In the event that the local Committee is unable or unwilling to choose a new Chair, or in the event that no person so chosen is willing to serve, then the Chair of the County Committee may appoint any enrolled Democrat in the local committee jurisdiction to serve as Temporary Chair until said Committee elects a permanent Chair. Sec. 12 Each local committee shall hold at least one (1) annual meeting to be called upon notice to every member by the respective Chair. Twenty percent (20%) of the members of any local committee shall be empowered to call a special meeting of the Committee by notifying the Chair. Within ten (10) days after receiving the notification, the Chair must call a meeting by giving written notice of at least five (5) days to all local committee members. The County Chair may, however, call meetings of any local committee whenever necessary to promote the general welfare of the Democratic Party, and in such instances, shall preside at such meetings. Sec. 13 The local committee Chair shall have the following additional responsibilities: 1. To recommend election inspectors and machine custodians to the County Chair and/or the County Board of Elections. 2. To recruit candidates for public office.

9 3. To circulate and return all nominating petitions. 4. To notify the County Chair of any committee vacancies by written notice. Article V Committees of the County Committee Sec. 1 Executive Committee A standing committee of the County Committee shall be a County Executive Committee, composed of the County Chair, the two (2) Vice-Chairs, Secretary, Treasurer, Sergeant-at-Arms, members of the State Committee, and eighteen (18) additional members. The eighteen (18) additional members shall be elected as follows: six (6) members from the City of Binghamton, six (6) members from the Town of Union (two (2) each from the Villages of Endicott and Johnson City and two (2) from the unincorporated section of the town), two (2) from Vestal and four (4) from the other towns. It is preferred that the four members from the other towns be from different towns. Where possible, local chairs should be given preference. The Executive Committee shall meet on a regular basis at such time as may be fixed by the Chair, and preferably on ten (10) days' notice. The Executive Committee shall be elected by the Committee members at the organizational meeting of the County Committee by a majority of the votes cast in person or by proxy, at such meetings. Any four members of the Executive Committee shall be empowered to call a special meeting of the Executive Committee by notifying the Secretary. Within ten (10) days after receiving the notification, the Secretary must call a meeting by giving written notice of at least ten (10) days to all Executive Committee members. Sec. 2 Powers of the Executive Committee The County Executive Committee shall be vested with powers to transact the business of the County Committee between the meetings of the latter, as well as any other powers herein accorded to it. Sec. 3 Budget The County Chair shall prepare and submit an annual budget to the Executive Committee for approval by the last day of February. All expenditures not covered in the budget must be approved by the Executive Committee. Prior to the end of each calendar year, the Executive Committee shall appoint an audit committee to examine the books of the Treasurer and submit a written report within forty-five (45) days after December 31st. Sec. 4 Appointment of Committees The County Chair shall appoint and may remove the Chairs and members of the following standing committees with the exception of the audit committee: a. A Law Committee, each member of which shall be a lawyer and an enrolled Democrat. The Chair of the Law Committee shall be an advisory member of

10 the Executive Committee. b Members of the Finance Committee are to be appointed annually by the Chair of the BCDC prior to the beginning of a new fiscal year, with dates of service of each appointed member to coincide with the new fiscal year. (Initially, if no Finance Committee exists, the Chair may appoint persons to serve as members of the committee within a fiscal year to serve until the end of that fiscal year.) A minimum of four and up to six persons, all of whom are to be members of the Executive Committee, are to be appointed for a one-year term (renewable for no more than two additional years). After an absence of one year, one can be reappointed to the committee, following the above noted pattern. Each appointed member is to have one vote. In addition, the Chair of the BCDC, with vote, and the Treasurer of the BCDC, without vote, shall be ex-officio members. Under the guidance of the Chair of the BCDC, who is responsible for developing and administering the budget, the Finance Committee shall prepare an outline of an annual budget (income and expenses) for the following fiscal year, to be reviewed and approved, with necessary adjustments, by the Chair and the Executive Committee of the BCDC prior to the beginning of the new fiscal year. In addition, the Finance Committee will have the following responsibilities: (1) to offer counsel and guidance to the Chair, Treasurer, and Executive Committee of the BCDC concerning short-term and long-term finances; (2) to establish written financial policies and guidelines to document internal controls for the receipt and distribution of BCDC funds, periodically reviewing these policies and guidelines and insuring that these and related practices are being implemented; (3) to make certain that the Treasurer has the necessary resources (software programs, files, etc.) that are essential to allow him or her, and any assistants, to fulfill assigned duties and responsibilities in a timely manner; (4) to monitor revenue and expenses of the BCDC to insure that there are sufficient funds in order to meet the BCDC s financial obligations in a timely manner; (5) to outline an annual plan to generate sufficient financial resources in order to fulfill the financial obligations of the BCDC; (6) to recruit members of the BCDC to participate in income-generating activities; (7) to establish procedures to insure that funds are properly handled at each fund-raising event, including having two unrelated persons present to pro-

11 cess funds received at a public event; (8) to outline the written monthly reports necessary to keep the members of the Executive Committee properly informed about the BCDC finances and to ensure that appropriate regular reports are made available to the members of the Executive Committee prior to or during each regular meeting, and (9) to make provision for an annual audit of the Broome County Democratic Committee finances. c. A parliamentarian who shall be an advisor to the County Chair. d. Other committees may be appointed by the County Chair. Article VI Voting, Proxy, Quorum and Notices Sec. 1 Committee Meetings a. The voting power of each member of the County Committee or any local committee formed hereunder shall be in proportion to the party vote in the last preceding gubernatorial election. Party vote shall mean the number of votes cast for governor on the democratic line in the last preceding gubernatorial election. (Election Law 2-104) b. A quorum of the County Committee shall consist of twenty-five percent (25%) of the total weighted vote of such Committee. Proxy votes shall be counted in determining the quorum. A member of any County or Local committee who is absent may be represented at meetings of the Committee by an enrolled Democrat residing in the Town, City, or Village in which he/she is a committee member committee member as her/his proxy. No enrolled Democrat shall be permitted to vote more than five (5) proxies. If said enrolled Democrat is also a committee member, he/she shall also be permitted to personally cast his/her own vote. c. At County Committee meetings, voting shall be by roll call open voice vote. Election of officers and members of the Executive committee shall be by secret ballot that shall be taken by the Assembly Districts in numerical order, except when dispensed with by unanimous vote taken by a show of hands. Sec. 2 Executive Committee of the County Committee a. No proxy voting shall be permitted in meetings of the County Executive Committee. A quorum of the County Executive Committee shall consist of twenty-five percent (25%) of the total vote of such Committee. Voting by Executive Committee members shall be on the basis of one vote for each member.

12 b. Any Executive Committee member absenting himself/herself from three successive regular meetings of the County Executive Committee, without explanation, shall be sent a registered letter requesting a written explanation or resignation. If no reply is received within ten (10) days of the mailing of the letter, the position shall, be deemed vacant. Such vacancy shall be filled by appointment of the Chair, with the approval of the Executive Committee at the next Executive Committee meeting. State Committee members of the County Executive Committee who absent themselves from three successive regular meetings without explanation shall lose their voting rights on the Executive Committee for the remainder of their term, following implementation or the above procedure. Sec. 3 Voting Power Special Provisions When election districts have been altered or new districts created or districts have been eliminated since the last preceding gubernatorial election, the voting power shall be newly determined as provided in Sec. 1 (a) of this Article and shall govern in all subsequent meetings of the County Executive Committee. Sec. 4 Proxies Whenever proxy voting is permitted by these By-Laws, the proxy shall be in writing and substantially in the following form: I hereby appoint residing in as my representative to act and vote as my proxy, with full power of substitution, at the meeting of the Broome County Democratic Committee to be held at on the day of, 20 and to have all the privileges and powers I should then be entitled to if personally present. Dated: Signature of County Committee member Member of the Broome County Democratic Committee from the Election District, Town (or City) of Sec. 5 In each case where a vote is required under these By-Laws, a majority of the votes cast at a duly convened meeting at which a quorum shall be present will be determinative. Article VII Discipline Sec. 1 An officer or member of the County Committee may be removed for disloyalty to the Party or for corruption in office, or failure to continue to be an enrolled member of the Democratic Party by the vote of the County Committee after full compliance with the procedure set forth in Section of the Election Law for a hearing upon written charges before a subcommittee and report of the findings to the whole committee.

13 Article VIII Amendments Sec. 1 These rules and regulations may be amended by a majority vote of the County Committee present at any meeting at which a quorum is present, provided a copy of the proposed amendment is sent not less than ten (10) days before the meeting at which it is to be proposed to each Committee member at his/her post office address (Election Law 2-114). A motion to table and hold over until the next meeting any proposed amendment to the By-Laws shall require at least ten percent (10%) of the weighted vote of the Committee members present. The secretary shall file all approved amendments as required by of the Election Law. At such time as these By-Laws are to be reviewed in full, the proposed new By-Laws must be submitted to each Committee member not less than thirty (30) days before the meeting at which the proposed By-Laws are to be considered for adoption. Any Committee member may submit an alternative proposal to any section of the By-Laws within ten (10) days of his/her receiving the proposed By-Laws. Notices of regular meetings shall be distributed to all Committee and Associate Committee persons via , social media (e.g., Facebook) or such other reliable means as the Chair and/or Secretary deem appropriate to provide due notice. The proposed By-Laws, including all such alternative proposals, must be submitted to each Committee member not less than ten (10) days before the meeting at which the By-Laws are to be considered for adoption. All alternative proposals submitted by Committee members shall be voted upon as a whole at the designated meeting. No proposed amendment shall be subject to more than one motion to table and hold over until the next meeting. Article IX Conflict In the event of any conflict between these Rules and the Election Law of the State of New York, the provisions of the Election Law shall prevail. Article X Invalid Determination A determination that any provision of these Rules is invalid shall not affect the validity of any other provision of these By-Laws. Article XI Transition Clause Upon the adoption of these By-Laws, any offices newly created shall be filled by immediate vote of the committee that shall thereafter conduct such other business as may properly come before it. Such officers and all others shall continue in office until the expiration of their term or a vacancy is created in such office.