Rules changes proposed in SC meeting notice

These are the proposed IP state rules changes that were intended to be considered Sept. 23, as emailed via IPNY on 000918, by Steven Isler (S.I.Independence Party):

Revised 001014 23:59
Online at http://www.clarityconnect.com/webpages3/davek/ipny/sc.html

As with the draft rules, I (Dave Ketchum) will add comments in italics, but will not change any of the offered text - these will assume being merged with the draft rules at rules.html:

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I. Article II of the Rules of the INDEPENDENCE PARTY New York State Committee is hereby repealed and replaced with the following, which shall take effect immediately:

Article II STATE COMMITTEE

Check draft Article II for coverage.

Section 2-1 Membership: The Unit of Representation of the State Committee shall be Assembly District or portion thereof within a single county. Each Unit of Representation shall elect two (2) members of the party, eligible in accord with these rules, from within said Unit of Representation as State Committee Members. Representation from each Unit shall be equal by sex. The sex of each State Committee Member candidate shall be indicated on his/her Designating Petitions as required by Section 2-102[4] of the Election Law.

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Check draft Article III.1 for coverage - note that SC approved having 5 officers and 10 at-large members.

Section 2-2 Officers: The following officers will be elected, one at a time, in the order given, by all members of the State Committee: Chairperson, Vice-Chairperson, Secretary, Treasurer, Assistant Secretary, and Assistant Treasurer. The State Executive Committee shall consist of the above six (6) officers and seven (7) At-Large members. The At-Large members shall be the seven (7) candidates who receive the most votes of all candidates for this position with each member of State Committee entitled to vote for seven (7) candidates. Within three (3) days after such election a certificate stating the name and post office address of each member of the State Executive Committee shall be filed as provided by law. The title "Chairperson" as used through these rules may be used by the holder of such party position as "Chairperson", "Chair" or "Chairman" (or "Chairwoman" - as appropriate) interchangeably at the sole discretion of the individual in such position. Similar usage may be used by a "Vice-Chairperson".

This NEW section needs CAREFUL review - would fit at III.2.

Section 2-3 Duties of Officers: The members of the Independence Party, through their elected State Committee Members, charge the officers of the State Committee with the following duties and responsibilities:

a. Chairperson: The Chairperson shall preside at all meetings of the State Committee and of the State Executive Committee. He/She shall be the chief spokesperson for the party to the public, the media and especially the party membership. He/She shall appoint, subject to a two-thirds (2/3) concurrence of the State Executive Committee, eligible members of the party to the positions of Parliamentarian, Legal Counsel, and Sergeant-at-Arms (who are not considered officers of the party). He/She shall perform the duties ordinarily performed by the Chief Executive Officer of a political party state committee and such other duties as may be prescribed by law or assigned to him/her by the State Committee or the State Executive Committee.
b. Vice-Chairperson: The Vice-Chairperson shall be responsible for coordinating the activities of all other sub-committees of the State Committee (except the Ethics Committee) and individuals involved with rules, platform, issues, policy and public laws. He/She shall perform such duties as may be assigned to him/her by the Chairperson, the State Committee, or the State Executive Committee. He/She shall perform the duties of the Chairperson in case of the Chairperson's temporary absence or incapacity. In case of a permanent vacancy in the office of Chairperson, for any reason, the Vice-Chairperson immediately becomes Chairperson for the remainder of that term of office.
c. Secretary: The Secretary shall be the Chief Recording and Corresponding Officer of the State Committee and the State Executive Committee. He/She shall keep the minutes of all meetings of the State Committee and the State Executive Committee, shall send out all notices of meetings, shall keep the records of said committees and the files of correspondence of the officers and committees. He/She shall arrange for the day, date, time and place of meetings of the State Committee and the State Executive Committee. He/She shall cause to send or deliver a copy of the minutes of all State Committee meetings to each State Committee Member within thirty (30) days after said meeting and shall cause to send or deliver a copy of the minutes of all State Executive Committee meetings to each member of the State Executive Committee within ten (10) days after said meeting. He/She shall be responsible for the preparation and filing of all reports required by law, except those which have to do with financial matters, or which by law are required to be filed by some other officer. He/She shall also prepare and mail all notices and statements required by law or by these rules and regulations to be forwarded to other party organizations in the state or nation. In general he/she shall perform the duties ordinarily performed by the Secretary of a political party state committee and such other duties as may be prescribed by law or assigned to him/her by the State Committee or the State Executive Committee. He/She shall perform the duties of the Chairperson in case of the Chairperson's and the Vice-Chairperson's temporary absence or incapacity.
d. Treasurer: The Treasurer shall be the Chief Financial Officer of the State Committee and the State Executive Committee. He/She shall be responsible for the collection of funds for party purposes in and for the state. He/She shall see that such funds are properly disbursed. He/She must personally sign all checks of the State Committee and/or the State Executive Committee. He/She shall not pay any debt of the State Committee or of the State Executive Committee in the amount of one-hundred dollars ($100.00) or more without authorization of a majority of the State Executive Committee. He/She shall not encumber the State Committee or the State Executive Committee with any loan or other liability without authorization of two-thirds (2/3) of the State Executive Committee. He/She shall file in a timely manner and with the proper officers or boards all financial reports and statements required by law of the State Committee or of the State Executive Committee and shall cause to send or deliver a copy of same to each member of the State Executive Committee within thirty (30) days after filing date. In general he/she shall perform the duties ordinarily performed by the Treasurer of a political party state committee and such other duties as may be prescribed by law or assigned to him/her by the State Committee or the State Executive Committee. He/She shall perform the duties of the Chairperson in case of the Chairperson's, the Vice-Chairperson's, and the Secretary's temporary absence or incapacity.
e. Assistant Secretary: The Assistant Secretary shall perform such duties as may be assigned to him/her by the Secretary, the State Committee, or the State Executive Committee. In case of the temporary absence or incapacity of the Secretary, the Assistant Secretary shall function as Secretary for that meeting, function or purpose. In case of a permanent vacancy in the office of Secretary, for any reason, the Assistant Secretary immediately becomes Secretary for the remainder of that term of office.
f. Assistant Treasurer: The Assistant Treasurer shall perform such duties as may be assigned to him/her by the Treasurer, the State Committee, or the State Executive Committee. In case of the temporary absence or incapacity of the Treasurer, the Assistant Treasurer shall function as Treasurer for that meeting, function or purpose; including personally signing all checks of the State Committee and/or the State Executive Committee. In case of a permanent vacancy in the office of Treasurer, for any reason, the Assistant Treasurer immediately becomes Treasurer for the remainder of that term of office.
g. At-Large Members: Each At-Large member of the State Executive Committee shall perform such duties as may be assigned to him/her by the State Committee, the State Executive Committee or the Chairperson.

Check draft Article XII for coverage.

Section 2-4 Acting Officers: In case of the temporary absence or incapacity of the Chairperson, the Vice-Chairperson, the Secretary, and the Treasurer, the remaining members of State Executive Committee shall immediately elect one of the remaining members of State Executive Committee as acting Chairperson for that meeting, function or purpose. In case of the temporary absence or incapacity of both the Secretary and the Assistant Secretary, the remaining members of State Executive Committee shall immediately elect one of the remaining members of State Executive Committee as acting Secretary for that meeting, function or purpose.

Check draft Article XVII for coverage.

Section 2-5 Removal: Except as may be otherwise provided by law, a member or an officer of the State Committee and/or the State Executive Committee may removed by the full State Committee for disloyalty to the party or corruption in office after notice is given and a hearing upon written charges has been had. The hearing shall be held by the State Committee or a sub-committee thereof appointed for that purpose which shall report the findings to the full State Committee. Members or officers so charged are removed by a majority vote of the full State Committee.

Check draft Article XII for coverage.

Section 2-6 Vacancies: In the event of a permanent vacancy, due to whatever reason, in the office of Vice-Chairperson, Assistant Secretary, or Assistant Treasurer, the State Executive Committee may fill the vacancy created thereby for the period existing until the next meeting of the State Committee, at which meeting a successor officer shall be elected to serve the balance of the term of the office in question. The notice of that State Committee meeting shall specify that an election will be held for the office in question.

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II. Article VI of the Rules of the INDEPENDENCE PARTY New York State Committee is hereby repealed and replaced with the following, which shall take effect immediately:

Article VI MEETINGS

Check draft Article VI for coverage.

Section 6-1 General: The Secretary shall arrange for the day, date, time and place of all meetings of the State Committee and of the State Executive Committee. To the extent possible, the Secretary will make every effort to schedule such meetings on a Saturday, or on a weekend, if for more than one day, and at a relatively central location within the state to minimize traveling distances for all attendees. Except with special permission from the State Executive Committee, all biennial organizational meetings and all Special Meetings of the State Committee shall be held within twenty (20) miles of the state capitol building.

Check draft Article VI.2 for coverage.

Section 6-2 Regular Meetings: Regular Meetings of the State Committee shall be held three (3) times a year: one in the Winter, one in the Spring and one in the Fall.

a. Winter Meeting: The Winter Regular Meeting shall be held not earlier than two (2) days before Martin Luther King Jr. Holiday in January and not later than President's Holiday in February.

b. Spring Meeting: The Spring Regular Meeting shall be held not earlier than twenty (20) days before the first day to sign designating petitions for the primary election and not later than two (2) days before the first day to sign designating petitions for the primary election.

c. Fall Meeting: The Fall Regular Meeting shall be held not earlier than four (4) days after the primary election and not later than fifteen (15) days after the primary election.

Check draft Article VI.1 for coverage.

Section 6-3 Special Meetings: Special Meetings of the State Committee may be called by one of three methods: by the Chairperson, by a majority of the State Executive Committee, or by written petition of ten (10) percent or more of the elected State Committee Members, representing not less than twenty-five (25) percent of the counties in the state, filed jointly or separately in the office of the Secretary asking for a Special Meeting of the State Committee. Such call or petition shall include a proposed agenda for such Special Meeting of the State Committee. It shall be the duty of the Secretary within ten (10) days after receipt of said call or petition to issue a Notice of Meeting to all the members of State Committee. Such notice shall include the proposed agenda and all items on such proposed agenda must be considered before any other items of business may be considered at such Special Meeting. Such meeting shall be held not earlier than ten (10) days nor later than twenty (20) days from the issuance of the Notice of Meeting. In the event that the Secretary shall fail to issue such Notice of Meeting within ten (10) days after the filing of such call or petition, the Assistant Secretary must do so immediately.

Check draft Article VI.4 and XII for coverage.

Section 6-4 Order of Business: The following shall be the order of business at all meetings of the State Committee (and, to the extent appropriate, all sub-committees of the State Committee). Not every item will need to be on the agenda of each meeting; however, business will be transacted in this sequence.

a. Call to Order
b. Pledge of Allegiance to the Flag of the United States of America
c. Call of the Roll of Membership or Report of a Credentialing Committee
d. Filling of Vacancies on the Committee (if any)
e. Reading and Approval of Minutes
f. Adoption of Rules or Changes (if any)
g. Election of Officers (if required)
h. Reports of Officers (outgoing and incoming at organizational meetings)
i. Reports of Committees (First Standing, then Special)
j. Special Orders (Items Petitioned by Members to be on the Agenda)
k. Unfinished Business (Items from or not Taken Up at Previous Meetings)
l. New Business
m. Announcements
n. Adjournment

Check draft Article XII for coverage.

Section 6-5 Agenda: There shall be included on the agenda of any meeting of the State Committee any item, motion, or resolution that shall have been requested in writing to the Secretary signed by five percent (5%) or more of the elected State Committee Members, at least twenty (20) days prior to the date of such meeting. A copy of any such item, motion, or resolution shall be sent with the Notice of Meeting for such meeting as required by of these rules and shall appear on the agenda of such meeting as a Special Order Item.

Check draft Article III for coverage - following must be 6.6 since above is 6.5.

Section 6-5 State Executive Committee: The State Executive Committee shall hold Regular Meetings, in-person, in each month the full State Committee does not hold a meeting (regular or special). Special Meetings of the State Executive Committee (in-person or telephone) may be called by the Chairperson or by twenty-five percent (25%) of its members. In-person meetings require three (3) days notice by mail, fax, e-mail, or telephone. Telephone meetings require twenty-four (24) hours notice by fax, e-mail, or telephone. E-mail meetings, or more properly votes, are valid without call or notice on single issues of an emergency nature only if a quorum reply with a positive or negative vote - abstentions do not count toward a quorum. Any member of the State Executive Committee may place any item on the agenda of any of its meetings.

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Article VII

Check draft Article VII for coverage.

III. Article VII of the Rules of the INDEPENDENCE PARTY New York State Committee shall be amended by replacing the words "three days" with the words "ten (10) days", which shall take effect immediately

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Article X

Article X needs thorough review - following should be useful, but not controlling.

IV. Article X of the Rules of the INDEPENDENCE PARTY New York State Committee shall be amended as follows, each of which shall take effect immediately:

A. The last sentence in Section 9 shall be amended by replacing the words "State Executive Committee" with the words "full State Committee at its Spring Regular Meeting".
B. Section 10, Paragraph (a) shall be amended by adding the following sentence to the end of the paragraph:
If a Certificate of Authorization is required by Section 6-120 of the Election Law it shall be signed by the presiding officer and the secretary of the meeting of the county committee or interim county organization with the largest weighted vote.
C. The following new Section 11 shall be added:
Section 10-11 Special Provisions: In the event that the nomination of a candidate for any public office in any election - primary, general, or special - has not been provided for in these Rules or in the rules of any applicable county committee(s) or interim county organization(s) then the State Executive Committee may make such nomination by a two-thirds (2/3) vote and if a Certificate of Authorization is required by Section 6-120 of the Election Law it shall be signed by the presiding officer and the secretary of the meeting.

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Article XV

Article XV needs thorough review - following should be useful, but not controlling.

V. Article XV of the Rules of the INDEPENDENCE PARTY New York State Committee shall be amended as follows, each of which shall take effect immediately:

Clearly the intent was 2(c)(i); not 2(c).

A. Section 2, Paragraph (c) shall be amended by replacing the words "Secretary of the State Committee" with the words "Vice-Chairperson of the State Committee".
Clearly the intent was 2(d), so there would be less confusion if placed at end.
B. Section 2, Paragraph (d) shall be amended by replacing the words "Secretary of the State Committee" with the words "Vice-Chairperson of the State Committee, the appropriate county Board of Elections, and the State Board of Elections,".
C. Section 2, Paragraph (c), Sub-Paragraph (iv) shall be amended by adding the following to the last sentence:
and said meeting shall be held no later than 21 days after the mailing of such notice
D. Section 2, Paragraph (c) shall be amended by adding the following new Sub-Paragraph (v):
The ICOs are both committees (because that is what they do), and subcommittees (because that is their relationship to the SC). I agree that ICOs for a new SC must be composed of its members, be subject to its rules, and interface with its officers.
(v) In as much as an interim county organization is in fact a sub-committee of the State Committee under Section 2-110 of the Election Law, notice of intent to call the initial organizational meeting of an interim county organization may not be made until the newly elected State Committee has met and organized as required by Section 2-112 of the Election Law.
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