Proposed By-Laws (Working Document)
BYLAWS OF THE HARWICH
DEMOCRATIC TOWN COMMITTEE
Town, Ward and other Democratic Committees may adopt by-laws and other rules of procedures, in accordance with National rules, the Charter and these by-laws. In the absence of the adoption of such by-laws, said committee(s) will be governed by model by-laws, recommend by the Field Services committee, and as adopted by the State Committee, if any.
Article I - NAME
This organization shall be known as the Harwich Democratic Town Committee, herein after called the Committee.
Article II - PURPOSES
This committee is organized and constituted under authority of and in accordance with the provisions of the General Laws of the Commonwealth, and shall have as its purposes the following: to foster and advance the ideals and aims of the Democratic Party; to work and organize for the success of the Democratic candidates of the District, County, State and Nation; to do all things necessary and incidental to the building and strengthening of the Democratic Party in Massachusetts and within Town of Harwich (Jurisdiction).
Article III - MEMBERSHIP
A........ The Harwich Democratic Town Committee shall consist of thirty five (35) [or number designated and reported to the Massachusetts Secretary of State prior to Presidential Primary elections] registered Democrats in Harwich, who shall have been elected at the Presidential Primary for a period of 4 years together with those elected to membership by the members of said Committee, in conformance with the provisions of law.
B........ The Committee, following the election of its members, shall meet and organize, chose a Chairperson, Vice Chairperson, Secretary, Treasurer, Affirmative Action and Outreach Advisor, and such other officers as it may decide to elect. At such meeting the Committee may add to its elected members provided it does not exceed the total allowed by law as found on file with the Secretary of State’s Office.
C........ The Committee may, by vote at any meeting, authorize the appointment of associate members. Associate members shall not have the right to vote but shall have such other powers and duties as the Committee may determine.
D........ Any duly elected member of the Committee who changes residence from the community during the said four years shall cease to be a member of the Committee at that time.
E........ Vacancies shall be filled by vote of the Committee. Associate members, if any, shall be the candidates first considered for filling the vacancies.
F......... With respect to current numbers of the town committee who served as such for 20 or more years or current members of any ward committee who have served within such city for 20 or more years, said member's elected position on the town or ward committee shall be vacated after the member has served over twenty years and he or she becomes a voting member of the town/ward committee.
G........ Members may be removed in conformity with Section II of the Charter of the Democratic Party of the
Article IV - OFFICERS
A........ The officers of this organization shall consist of a Chairperson (or co-Chairs), Vice Chairperson (one or more), Secretary, Treasurer and Affirmative Action and Outreach Advisor. These officers shall be elected at the Committee organizational meeting and shall Serve for a term of two years, at the end of which new elections for officers shall be held. (The Chair(s) and Vice Chair(s) shall not be of the same sex)
B........ There shall be an Executive Committee consisting of the officers of the Committee and others elected.
C........ In the event of death, resignation or the permanent removal from the Harwich Democratic Committee of any of the above named officers, their places shall be declared vacant and be filled at the next regular meeting of the Committee. A statement of such changes in the officers of the Committee shall be sent immediately by the Secretary of the Committee to the Secretary of the Commonwealth, to the Secretary of the Democratic State Committee and to the town/city clerk.
Article V - CHAIRPERSON
The Chairperson shall, in addition to the duties required by law, preside at all meetings of the Committee and shall have general charge and supervision of all Committee activities. He/She shall have the power to appoint all standing committees and such other special committees as are created from time to time. He/She shall have the power to call all special meetings of the Town/Ward Committee and all regular meetings at such time or times as may seem to her/him to be advisable, subject only to the vote of the Committee in fixing the number of regular meetings to be held during the course of the year.
Article VI - VICE CHAIRPERSON
The Vice Chairperson shall preside at all meetings of the Harwich Town Committee in the absence of the Chairperson. She/He shall perform all duties and have the powers of the Chairperson in the case of her/his temporary absence.
Article VII - SECRETARY
The Secretary shall keep a record of all proceedings of the Harwich Town Committee and shall issue notice by mail to each member of each meeting of the Committee at least seven days prior to the date of the meeting. The Secretary shall, within ten days after the organization of the Committee, file with the Secretary of the Commonwealth, the Secretary of the Democratic State Committee and the Harwich Town Clerk, a list of the officers and members of the Committee; and shall immediately file with the same officials a statement of the changes in the organization or membership of the Committee thereafter.
Article VIII - TREASURER
The Treasurer shall have the custody of all funds belonging to the Committee and shall pay all orders subject to the approval of the Chairperson and shall procure and file vouchers for all such payment. No expenditures of funds of the Committee shall be made by the Treasurer outside the regular activities or expense thereof except upon the approval of a majority of the Committee at a special or regular meeting. She/He shall submit a report of the financial condition and transactions of the Committee at all regular meetings. A detailed report shall be provided at least semiannually-annually. Additionally, the Treasurer will file reports with the appropriate state and local offices with regard to fundraising.
Article IX - AFFIRMATIVE ACTION AND OUTREACH ADVISOR
The Affirmative Action and Outreach Advisor shall be responsible for developing strategies and activities to expand participation in the Committee of the Party’s Affirmative Action target groups.
Article X - CALLING A MEETING WITHOUT CONSENT OF CHAIRPERSON
A........ In the event of a refusal of the Chairperson of the Committee to call a meeting of the Committee, a majority of the executive committee may, in writing, order the Secretary of said Committee to call a meeting of the committee.
B........ Said executive committee shall have the power to act upon all matters pertaining to the Committee arising between the meetings of said Committee.
C........ Seven members of the Committee can request a meeting by a petition in writing to the Secretary and the Secretary shall call such meeting within two weeks.
Article XI - QUORUM
One third of the members of the Committee shall constitute a quorum for the transaction of business.
Article XII - BY LAWS COMMITTEE
There shall be a By Laws Committee appointed by the Chairperson from the duly elected members. The Chairperson shall designate the Chairperson of the By Laws Committee.
Article XIII - CHANGES IN THE BY LAWS
A........ These By Laws may be amended or repealed at any regularly called meeting of the elected members of the Committee, provided such proposed change is in writing and is signed by the elected member proposing it and is in the hands of the Chairperson before the call of the next meeting, at which such proposal is to be acted upon. The proposed by law change shall be sent to all members with the announcement of the meeting and must be notified at least 30 days in advance. Bylaws can be changed by majority vote of committee.
B........ Such proposed changes in the By Laws shall be referred forthwith by the Chairperson to the By Laws Committee which shall make a report with its recommendations at the same meeting, if possible, but no later than the following meeting. A majority of the elected members present and voting shall be necessary to overturn the report of the By Laws Committee or to approve the change in the By Law. By Law change proposals which contradict the provisions of the Massachusetts Democratic Sate Party Charter cannot be considered.
C........ Unless and until amended or repealed by the elected members, these By Laws shall continue in effect from year to year and no formal motion shall be necessary at any meeting of the Committee in order that they continue in force.
Article XIV - ORDER OF BUSINESS
The order of business at meetings shall be as follows:
1. Calling the roll of officers and members and announcement of quorum (sign-in sheets may be used in lieu of roll call).
2. Reading the minutes of the previous meeting.
3. Treasurers Report
4. Reports of officers and committees.
5.
6. Old or unfinished business.
7. New business.
8. State Committee Reports
9. Speaker
10.Adjournment.
The order of business may be waived by a two thirds vote of the elected members present and voting.
Article XV - MEETINGS
Regular meetings of the Committee shall be held at least four times in non election years and six times in election years, at least once each quarter.
Article XVI REMOVAL OF LOCAL MEMBERS
Members and officers pledge themselves, as elected officials, to perform diligently and honorably their duties or resign. Members of town and ward committees may be removed by procedures guaranteeing adequate notice and due process and by a majority vote of the entire membership of the committee of which he or she is a member for:
a. ...... Failure to attend at least half of the regularly scheduled committee meeting during any calendar year.
b......... Public support for or financial contribution to an opponent of a nominee of the democratic part which nominee publicly supports the platform of the Democratic party as adopted at the most recent state and national Democratic convention
c. ....... Unauthorized use of the Party name or resources
d......... Conviction after appeals are exhausted of a criminal offense other than a misdemeanor.
A member must be given an opportunity to resign before notice of the hearing on the question of removal is given to the membership of the committee.
A member removed under this section shall have 30 days to appeal to the Judicial Council (State Committee), and the vacancy may not be filled in such case until the final decision of the Judicial council is made.
_____________________________
3 comments:
Hey, great work on this. Thanks to whomever put it together.
Or is that "whoever?"
On the subject of "election of officers," I;m not sure of what the State Party Charter requires, but I'd want to make sure we comply.
State Party Charter says, in Section 3:
"Town, ward and city committees shall elect: a chairperson or, if deemed advisable, two co-chairpersons and a vice-chairperson (not both or all of the same sex), a treasurer, secretary, Affirmative Action and Outreach Advisor and other appropriate officers from among their members. Officers shall be elected every two years; except that a committee in its by-laws may provide for a four year term, running with presidential terms; at the local committee's organizational meeting, which shall be held no later than April 15 th in non presidential years and as defined in state law in presidential election years."
Got some funny semicolons which make it hard for me to get the rule exactly.
But, I guess it means in even-numbered years, whether presidential or not, but that was not immediately clear to me from the language.
How does the "Draft" posted here stack up against the State Charter? Does it look consistent?
Post a Comment