Veto Power

[DezHennessy]

If a Chair resigns mid-term and the CCC has sufficient letters to call a meeting to hold a special election, Those letters are turned in and the call is sent out via email. If the vice chair (now acting chair) decides to instead, by appointment through a majority vote at a EC meeting, make him the new chair and also appoint a new vice chair.

 Does he have the power to ignore the call for a special election made by the CCC members and veto their meeting. And then if the CCC members still choose to hold a special election and elect a new chair - what chair is the official chair? the chair appointed by majority at the EC or the chair elected by the CCC at a special election?

 ( There are 4 letters from the EC and 20 from the CCC calling for a special election) 

(2A) Meetings of the Central Committee may be convened at any time upon the call of the County Chairman, or at the written request of any twelve (12) members of the Central Committee or any four (4) members of the Executive Committee specified below. Central Committee meetings shall be held at least semi-annually in Spring and Fall. 

Cache-GOP-County-Party-By-laws-11-16-2017.pdf

[Guest Who's Coming to Dinner]

Your organization will have to interpret the meaning of your bylaw. The word "may" appears to grant permission rather than to require that a special meeting be called upon demand.

[jstackpo]

I agree that the word "may" (plus the use of passive voice - just who has the option to call the special meeting?) sure clouds the issue.

One thing to check in your bylaws:  if the chairmanship goes vacant, does the vice-chair automatically become the chair - not "acting"?  That is the RONR default if the bylaws don't say something different.

[Richard Brown]

I did not read the actual bylaws but I interpret the provision posted by the original poster as meaning the chairman must call a meeting upon the petition of 12 members. Ultimately it is a question of bylaws interpretation, but, to me, that is the only interpretation that makes sense.

[DezHennessy]

 @Richard BrownI see it this way as well. 

 

Edited January 9, 2018 at 09:06 PM by DezHennessy

[DezHennessy]

@jstackpo so the actual language was different then I was remembering this is the section on filling a spot. 

 

(8D1) In the event of any such vacancy in the office of County Chairman, Vice Chairman, Secretary, Treasurer, or Legislative District Co-Chairmen, the County Central Committee shall meet within one hundred twenty (120) days after the vacancy occurs, or the next County Convention shall meet, whichever is sooner, upon no less than ten (10) days prior notice, for the purpose of electing a successor. In the interim, the County Chairman is authorized to fill any such vacancy on a temporary basis, with the advice and consent of the Executive Committee. 

[jstackpo]

You have a bit of a logic problem to contend with there.  If the Chairmanship goes vacant, then it will be a tad difficult for "the County Chairman ... to fill any such vacancy on a temporary basis, with the advice and consent of the Executive Committee."

...Unless the Vice Chairman became the chairman when the chairmanship went vacant (the RONR default rule).  Then if that is the case the only remaining vacancy is in the Vice Chair position, which the (new) chairman can fill when he wishes, with the advice and consent... &c.

[Josh Martin]

4 hours ago, jstackpo said:

...Unless the Vice Chairman became the chairman when the chairmanship went vacant (the RONR default rule).  Then if that is the case the only remaining vacancy is in the Vice Chair position, which the (new) chairman can fill when he wishes, with the advice and consent... &c.

I think that in this case, the bylaws expressly provide otherwise, since the rule regarding the filling of vacancies specifically lists the County Chairman.

The organization also seems to be assuming that the Vice Chair assumes all of the powers of the Chair until the vacancy is filled, including the power to fill vacancies on an interim basis. Perhaps the bylaws do indeed provide as much.

7 hours ago, DezHennessy said:

Does he have the power to ignore the call for a special election made by the CCC members and veto their meeting.

No, in my opinion.

7 hours ago, DezHennessy said:

And then if the CCC members still choose to hold a special election and elect a new chair - what chair is the official chair? the chair appointed by majority at the EC or the chair elected by the CCC at a special election?

Well, whose side is the Secretary on? Yours or the Chair’s? It may be difficult to provide proper notice of the meeting if the person responsible for sending the notice won’t cooperate.

Assuming proper notice is given, the person elected at the special meeting will be the Chair.

Finally, it seems that even if this particular special meeting cannot be held, the bylaws require a special meeting to be held within 120 days of the vacancy.

Edited January 10, 2018 at 01:59 AM by Josh Martin