BY-LAWS
ADOPTED BY THE MEMBERSHIP ON FEBRUARY 15, 2005
PREAMBLE
The East Bay Young Democrats shall endeavor to stimulate in young people an active interest in governmental affairs, increase the efficiency of popular government, maintain viability of our free institutions, and contribute to the growth and influence of the ideals and philosophy of the Democratic Party.
ARTICLE I. NAME AND AFFILIATION
Section 1. Name The name of this organization shall be the East Bay Young Democrats (hereinafter, the “Organization”).
Section 1. Name The name of this organization shall be the East Bay Young Democrats (hereinafter, “This Organization”).
Section 2. Affiliation The East Bay Young Democrats shall be affiliated with the California Young Democrats (“CYD”) and the Alameda County Democratic Central Committee (“ACDCC”).
ARTICLE II. MEMBERSHIP Section 1. Regular membership shall be open to persons who are at least fourteen (14) years of age and not more than thirty-five (35) years of age who are registered Democrats or who intend to register as such when eligible.
Section 2. Persons below the minimum age or above the maximum age may be admitted as Associate Non-Voting Members. Section 3. Regular membership meetings shall occur on the second (2nd) Monday of each month except November. Additional meetings of the membership shall be called by the Executive Committee and shall be held upon 7 days written notice. November election meeting shall be held on the 3rd Monday and shall be noticed via mail and/or e-mail not less than 2 weeks in advance.
Section 3. Regular membership meetings of This Organization shall occur on a monthly basis. The time, date, and location of the monthly meetings, except the October meeting, shall be determined by the Executive Committee. The October membership meeting of This Organization shall be held on the 3rd Monday of October and shall be noticed via mail or e-mail (or any combination thereof) not less than 2 weeks in advance. Additional meetings of This Organization may be called by a majority vote of the Executive Committee provided that the membership is given 7 days notice of the additional meeting.
Section 4. Dues. a. Annual dues shall be $25.00 for regular members, $10.00 for students and any others of limited financial means. The levels of $50.00 and above are reserved for members who want to contribute more, elected officials and others who want to assist the club financially and will be admitted as Associate Non-Voting Members if out of the age limits (Art. II, Sec 1).
a. Annual dues shall be $25.00 for regular members and $10.00 for students and any others of limited financial means.
b. Effective January 1, 2005, the payment of dues shall entitle the person paying the dues to membership through the following October 1st through September 30th.
Section 5. Membership Privileges. a. All rights and privileges of membership are conditioned upon payment of dues in full.
b. One vote on any issue being voted upon at any meeting of the membership.
b. One vote on any issue being voted upon by the membership except where These Bylaws specify any additional requirements for voting privileges.
c. One vote in each election for each contested or uncontested Officer position after being a dues paid member for at least thirty (30) days and attending one membership meeting as a dues paid member.
c. One vote in each election for each contested or uncontested Officer position after being a dues paid member for at least thirty (30) days and attending one membership meeting as a dues paid member prior to the day of the election.
d. One vote in any motion to endorse any candidate or issue after being a dues paid member for at least thirty (30) days and attending one membership meeting as a dues paid member prior to the day of the election.
d. Contention for and election to any Officer position after being a dues paid member for at least sixty (60) days prior to the election and having attended at least three (3) membership meetings prior to the election in the same fiscal year.
e. Contention for and election to any Officer position after being a dues paid member for at least sixty (60) days prior to the election and having attended at least three (3) membership meetings prior to, but within twelve months of, the election.
e. Participation on any Committee.
f. Attendance at all meetings of the membership, and other activities (attendance at some activities may be conditioned upon financial contributions or admission fees).
g. Members are prohibited from voting by proxy at any meeting or in any election and only members present at a meeting are entitled to vote.
h. Members may commence proceedings to endorse candidates or issues.
f. Participation on any Committee.
g. Attendance at all meetings of the membership, and other activities (attendance at some activities may be conditioned upon financial contributions or admission fees).
h. Members are prohibited from voting by proxy at any meeting or in any election and only members present at a meeting are entitled to vote.
i. Members may commence proceedings to endorse candidates or issues.
Section 6. Club Affiliation. Any Democratic club may affiliate with EBYD upon payment of an annual fee to be determined by the Executive Committee and upon providing EBYD with a mailing list of the affiliating club’s members, and allow members of the affiliating club to attend EBYD meetings and events and to submit articles and announcements for publication.
ARTICLE III. OFFICERS
Section 1. a. The Executive Committee The Executive Committee shall be comprised of the Officers, each Officer having one vote at any regularly scheduled Executive Committee meeting. The Executive Committee of this Organization, which shall have all the powers and duties of this Organization when the full membership is not in actual session.
b. Executive Committee Membership The Executive Committee shall consist of the officers of the Organization. c. Executive Committee Meetings Regular Executive Committee meetings shall take place on the last Wednesday of each month. Any Officer may call a special Executive Committee meeting by giving at least 48 hours telephonic and electronic mail notice to all officers, although it is preferable to give 7 days notice.
c. Executive Committee Meetings Regular Executive Committee meetings shall take place monthly. Any Officer may call a special Executive Committee meeting by giving at least 48 hours telephonic and electronic mail notice to all other officers.
Section 2. Officers
a. The Officers shall be a President, Immediate Past President, Vice-President, Secretary, Treasurer, and at-large members. With respect to at-large members, there shall be one at-large member for each 25 members of the club (for example: 1-25 member = 1 at-large member, 26-50 members = 2 at-large members, etc.). Until such a time that there is an Immediate Past President, the Officers shall be a President, Vice-President, Treasurer, Secretary and an appropriate number of at-large members, as defined above.
b. All Officers shall be members.
Section 3. Duties
a. The President shall be the chief executive officer, shall preside at all standing and special committees and shall represent the organization at California Young Democrat Conventions and Executive Board Meetings. The president shall also serve as an ambassador for the organization. The President shall also oversee and conduct the October Executive Board elections.
b. The Vice-President shall assume all responsibilities when the president is unavailable. The vice-president shall also serve as the coordinator of the Advisory Committee, and shall coordinate all efforts to bring new membership into the organization.
c. The Secretary shall maintain all records of the Organization and shall ensure the President receives minutes of any meetings of the Organization in a timely fashion, as determined by the Executive Committee. The Secretary shall serve all required notices and official club correspondence, shall coordinate all media, publicity and advertising on behalf of the Organization, and shall maintain current Organization membership information, Organization mailing lists, and coordinate labeling of mailings with the Executive Board.
d. The Treasurer shall present financial statements to the Executive Committee at each regularly scheduled meeting and shall handle all disbursements, receipts, banking relationships, FPPC statements, and in general, any and all bookkeeping responsibilities. The Treasurer shall also perform the role of Finance Committee Chair.
e. The at-large members and the Immediate Past President may be appointed to the following positions by the President and confirmed by both the executive board and the membership:
(1) Political Director: The Political Director shall coordinate activities and organize issues forums and shall communicate relevant information to the Secretary. In addition, the Political Director shall provide notice required by Article VI, Section 2.d(3). The Political Director shall also be responsible for notifying the Executive Board and the Membership as to “what’s up” in the political world, and suggesting appropriate action for the club.
(2) Activities Chair. The Activities Chair shall assist in the coordination of social activities, outings, and events and shall communicate all relevant information to the Secretary.
(3) Parliamentarian. The Parliamentarian shall strive to keep the By Laws of the Organization consistent with the aims and policies of the Organization, shall propose special rules and amendments to the By Laws when necessary, shall interpret the rules and By Laws when called upon by the President or Executive Committee, and shall inform members and Officers of procedural requirements of the Organization. The Parliamentarian shall also ensure that all meetings are run in accordance with Roberts Rules of Order. NOTE: The parliamentarian may also serve as another officer on the executive committee, except the offices of President or Vice-President.
Section 4. Election & Term of Office
a. All Officers for newly created positions shall be appointed by the President and confirmed by a majority vote of the previously established Executive Committee at the first Executive Committee Meeting following their appointments. Appointee Officers shall carry out their full duties until confirmation.
b. Every October, elections shall be conducted for all Officers of the Organization.
c. All newly elected Officers shall serve a term of January 1 to December 31.
d. Members of the Executive Board may serve no more than two consecutive terms in any one Officer position.
e. Election Procedures for the Executive Board
Any member may run for a position on the Executive Board pursuant to rule II 5(d)
At the August membership meeting, the President shall announce the opening of nominations for Executive Board elections. After the meeting the President shall work with the secretary to distribute the announcement to members not present at the August membership meeting.
Candidates shall declare their intent to run at or prior to the September membership meeting. Declarations shall be made, in writing, to the secretary and shall include candidate’s full name and the office they seek.
When possible, at the September membership meeting, the Secretary shall provide a list of all candidates to those present. After the meeting the Secretary shall work with the secretary to distribute the list to members not present at the September membership meeting.
Nominations will be allowed from the floor of the September membership meeting. Nominations will be closed upon adjournment of the September membership meeting.
If Executive Board candidates desire, they may provide a written candidate statement to the Secretary. The Secretary will then mail and/or e-mail the statement to the entire membership list no less than seven (7) days before the October election meeting.
At the October election meeting a secret ballot shall be provided in all races that are contested.
At the October election, candidates will be allowed up to two (2) minutes for a speech. After the speech members will be allowed to ask questions.
A simple majority [fifty (50) percent plus one (1)] of members present is needed to be elected to any office.
If no majority is reached than a runoff shall occur between the two top vote getters.
If no majority is reached after an initial runoff election, there will be a question and answer period of ten (10) minutes, to be moderated by the President, and a second runoff election shall occur.
If no majority is reached after a secondary runoff, the winner shall be decided by coin flip of a single toss. The coin used in the coin flip shall be a state quarter depicting a state that was not part of the confederacy.
Vote Counting: The Political Director shall coordinate the vote counting efforts. Anyone running for an officer position cannot count votes.
Section 5. Vacancy & Removal
a. Vacancy in any existing office shall be filled by a majority vote of the members at a regularly called meeting.
b. Any Officer shall be deemed to have resigned and the Officer’s resignation will be final, without exception, upon:
(1) The conclusion of the third regularly scheduled Executive Committee Meeting at which the officer is absent without prior notification;
c. Any Officer shall be removed from office under the following procedures:
(1) Executive Committee Removal. a. Notice. Upon the agreement, in writing, of a simple majority [fifty (50) percent plus one (1)] of the Executive Committee, notice and written charges supporting removal shall be mailed or e-mailed to every Executive Committee member at least seven (7) days before any Executive Committee Meeting. The proposed removal shall be on the agenda of the next Executive Committee Meeting for which proper notice is given.
b. The Executive Committee member who is subject of the proceedings shall be given a reasonable opportunity to respond and answer the charges.
c. Twenty-four (24) hours after a two-thirds (2/3) super-majority vote of the entire Executive Committee in favor of removal, the subject Officer shall be removed.
d. If during the twenty-four (24) hours after the Executive Committee vote, the Officer resigns his/her office, the vote on removal shall be expunged from the minutes and the resignation shall be recorded.
(2) Membership Removal. a. Any member seeking to remove an Officer of this Organization from his/her Office shall provide each Officer of the organization with a Petition for Removal identifying the charges in writing and signed by twenty (20) other Members (having paid dues at least thirty (30) days prior to the date of signing the petition) at a regularly scheduled Membership Meeting.
b. Parliamentarian and Secretary shall verify the signatures submitted on the Petition for Removal prior to the next regularly scheduled Executive Committee Meeting.
c. The Petition for Removal shall be on the agenda for the next regularly scheduled Executive Committee Meeting. The procedure above under Article III. Section 5.c(1)B-D shall be followed.
d. If two-thirds (2/3) of the Executive Committee does not support the Petition for Removal, the Petition for Removal shall be on the agenda of the next regularly scheduled Membership Meeting.
e. Procedures similar to Article III. Section 5.c(1)B-D shall be followed and the Officer shall be removed twenty-four (24) hours following a two-thirds (2/3) super-majority vote of Members present in favor of the Petition for Removal.
ARTICLE IV. STANDING COMMITTEES
Section 1. Finance Committee
a. There shall be a standing committee on Finance chaired by the Treasurer.
b. It shall be the duty of this Committee to explore all fundraising possibilities and to recommend future fundraising activities to the Executive Committee.
Section 2. Rules Committee
There shall be a standing committee on rules consisting of members appointed by the President that shall assist the Parliamentarian.
Section 3. Executive Committee
There shall be an Executive Committee as described in Article III.
Section 4. Advisory Committee
The EBYD shall have a standing committee hereafter known as the “Advisory Committee.” The purpose of this Advisory Committee is to build support for the EBYD. This Advisory Committee will work to provide advice, credibility, and resources to the Executive Committee. Membership in this group is honorary and Article II. Section 1 rules do not apply to members of this Advisory Committee.
Advisory Committee Members shall be nominated by the Executive Committee and approved by a majority of the Executive Committee. The term of office shall be one (1) year from January 1 to December 31. The Vice-President shall be responsible for the coordination of this group.
ARTICLE V. GENERAL PROVISIONS
Section 1. Quorum
a. Quorum shall be members present, at no time less than twenty (20) percent of the membership.
b. Executive Committee quorum shall be fifty (50) percent plus one (1) of Executive Committee members.
c. A quorum shall be presumed to exist at any meeting.
Section 2. Expenditures
a. No Member or Officer may represent him/herself as an agent of the Organization to commit or spend funds unless so authorized by:
(1) A majority of the Executive Committee at an Executive Committee meeting at which a quorum is present; or
(2) Telephonic or e-mail approval of two-thirds (2/3) of the Executive Committee in the event of an emergency.
b. Expenditures of $100.00 and over shall need approval of the Executive Committee and the Membership and be made by check signed by the Treasurer and the President, or the President’s designee. Amounts under $100 (up to $99.99) shall be approved by the Executive Committee and made by check signed by the Treasurer.
Section 3. Convention Delegates
Should the Organization be eligible to have more than one (1) voting delegate, the President shall appoint the additional delegates who shall be eligible to represent the Organization upon approval of a majority of the Executive Committee.
ARTICLE VI. ENDORSEMENTS
Section 1. Definitions:
a. Endorsement: includes, but is not limited to, any approved use of EBYD’s funds, stationery, mailing lists, labels, telephone lists, the association of the EBYD’s name, logo or its members’ time for campaign activities, fundraising or any other activities that relate to any specific issues, candidate’s campaign or fundraising;
(1) The Executive Committee may approve the use of the mailing list, labels and/or telephone lists for a non-ticketed, non-fundraising, no-fee event by majority [fifty (50) percent plus one (1)] vote at an Executive Committee meeting or by a telephonic vote when an Executive Committee cannot be convened due to an emergency where the President, in conjunction with the Vice-President have attempted to contact all Officers, and received the approval of a majority of at least two-thirds (2/3) of the Officers of EBYD without endorsement proceedings.
b. Contested Races: All elections where more than one Democrat is seeking office including, but not limited to, partisan primaries, non-partisan elections, Party Officer elections, State and National Young Democratic elections. Any race for which the last filing deadline has not passed, shall be deemed a Contested Race;
c. Contested Issue: An issue, including, but not limited to, a referendum, proposition, ballot measure, constitutional amendment or City Charter amendment that has not been endorsed by the California Democratic Party, the CYD, or the ACDCC. Any issue for which the last filing deadline has not passed, shall be deemed a Contested Issue.
Section 2. Procedures:
a. Only Members may commence proceedings to endorse candidates or issues.
b. Uncontested Races:
(1) The EBYD may endorse the nominee of the Democratic Party or the Democratic candidate for any public election between candidates of different parties by a majority vote of those present at a Membership Meeting at which a quorum is present.
(2) The EBYD may endorse a Democrat running unopposed in a partisan primary, or the sole Democrat in a general or special election, or the candidate endorsed by the ACDCC in a county-wide race, by a majority vote of those present at a Membership Meeting at which a quorum is present following the close of filing for that office.
c. Uncontested Issues:
(1) The EBYD may endorse an Uncontested Issue by a majority vote of those present at a Membership Meeting at which a quorum is present.
d. Contested Races:
(1) Any Member may request the Executive Committee to commence endorsement proceedings for a candidate in a Contested Race;
(2) The Executive Committee shall schedule endorsement procedures for the next Membership Meeting at which all notification requirements under these By-Laws can be reasonably accomplished;
(3) The Political Director shall make reasonable efforts to give all Democrats, running in a contested election for which the EBYD endorsement is sought, written notice of EBYD’s procedures for endorsements at least twenty (20) days prior to any Membership Meeting at which the potential EBYD endorsement is to be acted upon;
(4) A notice called “Notice of Endorsement Procedure” must be mailed or e-mailed to all Members at least ten (10) days prior to any Membership Meeting at which any Member intends to seek the EBYD endorsement for any one of such candidates.
(5) The EBYD may endorse a candidate upon a two-thirds (2/3) vote of those Members present and voting at a Membership Meeting at which a quorum is present and voting.
(5) This Organization may endorse a candidate upon a sixty percent vote of those Members present and voting at a Membership Meeting.
e. Contested Issues:
(1) Any Member may request the Executive Committee to commence endorsement proceedings for a Contested Issue;
(2) The Executive Committee shall schedule endorsement procedures for the next Membership Meeting at which all notification requirements under these By-Laws can be reasonably accomplished;
(3) A majority of the Executive Committee present at an Executive Committee Meeting at which a quorum is present may commence endorsement proceedings for an issue;
(4) A notice called “Notice of Endorsement Procedures” must be mailed or e-mailed to all Members at least ten (10) days prior to any Membership Meeting at which any Member intends to seek the EBYD endorsement for any Contested Issue. The EBYD may endorse an issue upon a two-thirds (2/3) vote of those Members present and voting at a Membership Meeting at which a quorum is present and voting.
(4) A notice called “Notice of Endorsement Procedures” must be mailed or e-mail to all Members at least ten (10) days prior to any Membership Meeting at which any Member intends to seek the EBYD endorsement for any Contested Issue. The EBYD may endorse a Contested Issue upon a sixty percent vote of those Members present and voting.
f. At the request of any Member, an EBYD endorsement may be removed for cause as follows:
(1) At a Membership Meeting by a two-thirds (2/3) vote; or
(2) Upon a determination by the President that expedited treatment of the request is warranted, by telephonic approval of two-thirds (2/3) of the Executive Committee (following an attempt to contact all Officers), with no more than one dissenting vote; provided, however, that if the election with respect to which the endorsement has been made is scheduled to occur after the date of the next scheduled Membership Meeting, then the only effect of telephonic approval in accordance with this paragraph will be to suspend the endorsement until the matter may be put to a vote at the next Membership Meeting.
g. “No endorsement” shall always be an option included on a candidate or issue endorsement ballot or vote.
h. At the request of any Member, any endorsement vote shall be held by secret ballot.
i. Use of EBYD Assets:
(1) Endorsed Candidates or Issues
A. The following shall require a two-thirds (2/3) vote of the Executive Committee at an Executive Committee meeting at which a quorum is present: approval of the use of stationery, mailing lists, labels, phone lists, the association of the EBYD’s name, logo, or its members’ time for campaign activities, and fundraising, or EBYD’s funds above fifty dollars ($50.00). The Executive Committee may approve funds less than fifty dollars ($50.00) with a simple majority of the quorum.
B. EBYD shall cover the costs of producing mailing lists and stationary as requested by the candidates and position committees and approved by the Board.
(2) Candidates in Races Where EBYD Declined to Endorse any Candidate, Position on a Contested Issue or Other Purposes.
A. No assets shall be used for any candidate where EBYD declined to endorse.
(2) Candidates Other Than the Endorsed Candidate in a Race Where EBYD has Made an Endorsement.
A. If EBYD has endorsed a candidate or position, no EBYD resources shall be used by any other candidate or position in that contest.
(4) Approval or use of EBYD Assets under Article VI, Section 2(i) requires appointment of an Officer to be responsible for the protection of EBYD assets, including but not limited to prevention of copying or duplicating labels, mailing lists, telephone lists or other lists.
ARTICLE VII. THE PARLIAMENTARY ORDER & AMENDMENTS
Section 1. These By-Laws may be amended by a majority vote at any Executive Committee meeting at which telephonic or other notice of the proposed amendment has been provided at least forty-eight (48) hours prior. Any amendments to these By Laws must also be approved by a two-thirds (2/3) of members at the next regularly scheduled membership meeting with a quorum present. Once approved, any such amendments shall take effect on the first Monday after the adjournment thereof unless a specific exception is stated in the motion to amend.
Section 1. These By-Laws may be amended at any membership meeting of This Organization by a majority vote of the entire membership, whether present at the meeting or not, or a two-thirds vote of the members present and voting, whichever is less, provided seven days notice of the text of the amendment has been given to the membership in writing or via e-mail (or any combination thereof). Once approved, any such amendment shall take effect immediately unless specified otherwise in the motion to amend.
Section 2. The members may adopt, amend, or waive any of the Standing Rules of This Organization by a majority of those present and voting at a membership meeting of This Organization. This Organization shall not promulgate standing rules inconsistent with These By-laws.
Section 2. In all matters not contained in these By-Laws, authority rests in Robert’s Rules of Order Newly Revised.
Section 3. In all matters not contained in these By-Laws or the Standing Rules of This Organization, authority rests in Robert’s Rules of Order Newly Revised.
