Removal of chair specifics

[Guest Christine Zoumis]

I have a detailed question regarding removal of the chairman. He is behaving in a tyrannical manner (telling the members/PCs that we have no vote other than the annual statutory meeting, and he intends to rewrite bylaws with his board, he has law fared the previous chair and board). Additionally, he has broken the ankle of the previous chair, harassed and stalked the previous vice chair and is accused of scamming multiple people out of money. He also resides outside of the precinct in which he was elected as a PC, which in AZ automatically disqualifies him as a PC within that precinct, and under normal circumstances a chair in that position resigns. He will not resign. Most of these issues are being investigated by police currently,  or have been in court to get injunctions against harassment. He currently has 2 restraining orders against him,  1 from the previous vice chair, and 1 from his 11 year old daughter. His board is appointed and comprised, they are allowing and aiding him in the weaponization of our headquarters. There are multiple other issues,  too many to list. As far as we can tell,  he meets all 7 requirements of Roberts rules for removal. 

I see that there are 2 methods of removal- 

1- Special investigative committee and trial. 

2- A vote from 2/3rds, majority vote when previous notice has been given, or vote from majority of entire membership. 

I believe we fall into the category of needing a special investigative committee. My reason for believing this is due to the wording regarding terms in our bylaws, which states-

"CCRC officers and precinct committeemen serve for 2 years commencing at each statutory meeting interim officers who are elected to fill vacancies serve out only the respective 2 year term."

I wrote it exactly as it shows in our bylaws. Because there is no wording explicitly indicating that an officer may be removed, I believe we must have a trial. We are a small county and our bylaws are simple. There is no aspect to our bylaws stating anything regarding removal or disciplinary procedures or anything of the kind. 

My questions are-

1- How do we form a special investigative committee when the board is comprised?

2- How is a proper trial conducted?

3- At least 1 person (PC) bringing evidence to the trial has a restraining order against him, how does that effect his ability to participate since he cannot be present?

Thank you very much for your time, 

Christine Zoumis

[Rob Elsman]

What is a PC?

[Christine Zoumis]

Precinct Committeeman,  in other words,  a PC is the member. 

[Gary Novosielski]

On 3/26/2023 at 6:33 PM, Christine Zoumis said:

Precinct Committeeman,  in other words,  a PC is the member. 

Well, depending on the organization, it may be true that they have no vote except at a membership meeting, but there could presumably be more than one per year.  If he is referring to board meetings, then yes, only board members may vote at those.

You may be using different terminology from RONR, for instance in political parties, executive boards are often called steering committees, even though they are not true committees. 

Do you have a copy of your bylaws that you can refer to?

Do you have a copy of Robert's Rules of Order Newly Revised 12th edition?  We can refer to to sections in the Book, but can't type in the whole chapter on discipline (Ch. XX.), and it sounds like you are going to need it.

[Rob Elsman]

Is this Precinct Committee a political party body or a governmental body?

[Christine Zoumis]

Thank you for your time. Yes I have my bylaws and I'm familiar with them. We are a political organization, our board is called CCRC Executive Committee (or "the board"), our membership is comprised of PCs. So PC = member. PCs/ members have a vote,  as outlined in our bylaws. He is not referring to board meetings,  he is referring to meetings that are called by our secretary as outlined in our bylaws. When a meeting is called,  "30% of the members present in person or by proxy shall constitute a quorum ". I am ordering a copy of Robert's rules today. 

[Christine Zoumis]

I'm unsure of the technical answer to whether a PC is a government body,  but there are a few areas in Arizona law that specifically mention PCs. ARS 16-822 states that a PC must reside in their precinct, and that their position is automatically terminated upon moving out of their precinct. In the past, people have simply reported a change in address and resigned. In order for a chairman to be a chairman,  they MUST be a PC in their precinct. This particular chairman is a bit maniacal and refuses. Below is the statute-

16-822. Precinct committeemen; eligibility; vacancy; duties; term

A. Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman of that party in that precinct.

B. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is less than or equal to the number of precinct committeeman positions, the county board of supervisors may cancel the election for those positions not sooner than one hundred five days before the election and appoint the person who filed the nominating petition to fill the position. If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law. A precinct committeeman who is appointed pursuant to this subsection after filing a nominating petition shall be deemed an elected precinct committeeman.

C. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is more than the number of precinct committeeman positions for a recognized political party in a precinct, an additional ballot style shall be prepared for the political party in that precinct, which shall include the office of precinct committeeman. Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman ballot style. 

D. In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman when the precinct committeeman moves from the precinct from which elected or changes political party from the party in which the precinct committeeman was elected.

E. The minimum duties of a precinct committeeman shall be to assist the precinct committeeman's political party in voter registration and to assist the voters of that political party to vote on election days. Additional duties shall be as provided for in the state committee bylaws of the precinct committeeman's political party.

F. The term of office of a precinct committeeman is two years and begins on October 1 after the primary election at which the precinct committeeman was a candidate and continues until October 1 after the following primary election at which a precinct committeeman is elected.

 

 

[Rob Elsman]

Based on the additional information provided, the electing body may depose the committeeman upon conviction at trial. See (RONR 12th ed.) §§61-63.

[Josh Martin]

On 3/26/2023 at 5:13 PM, Guest Christine Zoumis said:

I have a detailed question regarding removal of the chairman. He is behaving in a tyrannical manner... [detailed description of issues].

As far as we can tell,  he meets all 7 requirements of Roberts rules for removal. 

I'm not entirely certain what you mean by "all 7 requirements of Roberts rules for removal," but I certainly have no disagreement that the facts described here are sufficient for removal for cause, either from office or from membership (or both), and may well also be sufficient for other penalties beyond the scope of parliamentary law and this forum.

On 3/26/2023 at 5:13 PM, Guest Christine Zoumis said:

"CCRC officers and precinct committeemen serve for 2 years commencing at each statutory meeting interim officers who are elected to fill vacancies serve out only the respective 2 year term."

I wrote it exactly as it shows in our bylaws. Because there is no wording explicitly indicating that an officer may be removed, I believe we must have a trial. We are a small county and our bylaws are simple. There is no aspect to our bylaws stating anything regarding removal or disciplinary procedures or anything of the kind. 

I agree with this interpretation. It may be prudent in the future for the organization to adopt its own rules concerning removal in the bylaws. In the interim, the organization will need to follow the rules in Section 63 of RONR. The rules on these matters are far too lengthy to adequately summarize here. I will direct you to the appropriate sections (and in fact, I would advise reading Section 63 in its entirety), and you can certainly come back after you have reviewed them if you have more specific questions. It may also be advisable to consult a professional parliamentarian and/or an attorney concerning these matters.

On 3/26/2023 at 5:13 PM, Guest Christine Zoumis said:

1- How do we form a special investigative committee when the board is comprised?

See RONR (12th ed.) 63:8-12.

On 3/26/2023 at 5:13 PM, Guest Christine Zoumis said:

2- How is a proper trial conducted?

See RONR (12th ed.) 63:30-34.

On 3/26/2023 at 5:13 PM, Guest Christine Zoumis said:

3- At least 1 person (PC) bringing evidence to the trial has a restraining order against him, how does that effect his ability to participate since he cannot be present?

I'm not fully certain what you mean by "participate" here. If you mean simply participating as a witness, in my view, the assembly is free to make accommodations in this regard if it wishes to do so, such as having the witness participate remotely, or having a prerecorded statement submitted as evidence, or whatever. The rules on such matters are not as defined in parliamentary law as they are in formal legal trials and are left to the assembly's judgment. Such details might be sorted out in the resolutions adopted at the outset of the trial governing the procedures to follow, as discussed in RONR (12th ed.) 63:32.

It will not be possible for the member to participate as a member of the assembly if he is not able to be present, unless some rule in the organization's bylaws or applicable law authorizes remote participation.

[Richard Brown]

Is there anything in your state law about removal from office or removal of a precinct committeeman?

I believe that it may be wise for you to consult with a professional parliamentarian and possibly an attorney in this matter. Both the National Association of Parliamentarians (NAP) and the American  Institute of parliamentarians (AIP) have referral services. 

you might also consult with your state and/or county party chairman. I suspect the person you are referring to might be your county chairman. 
 

[Christine Zoumis]

Thank you all for your kind and in depth responses. I have taken notes on everything. 

 

Yes I posted the law regarding PCs no longer living in their precinct in which they were elected. My interpretation is that it's null and void. 

 

I will begin reading section 63 and I will reach out to NAP/AIP. 

 

Thank you again, you've been wonderful.