EAST BAY YOUNG DEMOCRATS OF CALIFORNIA
BY-LAWS
ADOPTED ON AUGUST 16, 2010
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 (hereafter,” EBYD”).
Section 2. Affiliation
The East Bay Young Democrats (EBYD) shall be affiliated with the California Young Democrats (“CYD”) and the Alameda County Democratic Central Committee (“ACDCC”).
ARTICLE II. DEFINITIONS
Section 1. Simple Majority
A vote of at least fifty (50) percent plus one (1) of voters present.
Section 2. Two-Thirds Majority
A vote of at least two-thirds (2/3) of voters present.
Section 3. Executive Committee Member
An Officer elected to the Executive Committee.
Section 4. Guest
A non-member on the basis of not having paid annual dues to the EBYD.
Section 5. Membership Meeting
Any meeting or event which all EBYD members can vote, and at which all members and guests can participate in discussions. A membership meeting will also include any event EBYD is the lead sponsor.
Section 6. Executive Committee Meeting
A meeting at only Executive Committee Members can vote, though all members and guests can participate in discussions.
Section 7. Endorsements
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 simple majority 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 two-thirds (2/3) majority 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 also 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 also be deemed a Contested Issue.
Section 8. Sixty (60) Percent of Members Present and Voting
At least percent (60.0%) of members present at the meeting who are able to vote and exercise that right, including those members who vote for a “no endorsement” option.
ARTICLE III. MEMBERSHIP
Section 1. Regular membership shall be open to persons who are at least eighteen (18) 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 of This Organization shall occur on a monthly basis. The time, date, and location of the monthly meetings, except the October or November meeting, shall be determined by the Executive Committee. The October or November membership meeting of This Organization shall be held on the 3rd Monday of October or November, respectively, and shall be noticed via mail or e-mail (or any combination thereof) not less than two (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 seven (7) days notice of the additional meeting.
a. Annual dues shall be $25.00 for regular members and $10.00 for students and any others of limited financial means.
Section 5. Membership Rights and Privileges.
a. All rights and privileges of membership are conditioned upon payment of dues in full.
b. Members shall possess one vote on any question placed to a membership vote except where these bylaws specify any additional requirements for voting privileges.
c. One is a voting member after having attended one EBYD meeting within between 21 and 364 days of a vote and paying dues in full prior to the start of the vote and not more than 365 days prior to the vote.
d. Members shall be able to contend for election to any Officer position after being a dues-paying member for at least sixty (60) days prior to the election.
e. Members shall be able to participate on any Committee.
f. Members may attend all Membership Meetings, Executive Committee Meetings, and other activities organized by EBYD (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. Only members present at a meeting are entitled to vote.
h. Members may commence proceedings to endorse candidates or issues.
Section 6. Guest Rights and Restrictions.
a. Guests may attend and participate in all Membership Meetings, Executive Committee Meetings, and other activities organized by EBYD, except as outlined in Section 6(b) of this Article (attendance at some activities may be conditioned upon financial contributions or admission fees).
b. Guests may not vote in any question, endorse or commence endorsement of candidates or issues, participate on EBYD committees, or enjoy other privileges bestowed upon members as outlined in Section 5.
Section 7. 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 IV. 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 EBYD shall have all the powers and duties of EBYD when the full membership is not in actual session.
b. Executive Committee Membership
The Executive Committee shall consist of the Officers of EBYD.
c. Executive Committee Meetings
Regular Executive Committee meetings shall take place monthly.
d. Noticing of Executive Committee Meetings
The President may call a special Executive Committee meeting by giving at least 48 hours telephonic and electronic mail notice to all other Officers. Any other Officer may call a Special Executive Committee meeting if at least a simple majority of Executive Committee members shall provide telephonic or electronic mail consent at least 48 hours prior to the date of the proposed meeting.
e. Participation and Voting Privileges at Executive Committee Meetings
Executive Committee Meetings shall be open to the general membership, and all members shall be allowed to participate in discussions. Voting privileges shall be limited to members of the Executive Committee.
Section 2. Officers
a) The Officers shall be a President, Vice President of Membership, Vice President of Finance, Secretary, Political Director, Director of Communications, Immediate Past President and 3 At-Large Officers.
b) All Officers shall be members
c) All Officers shall be elected in the manner enumerated in Section 4 of this Article. In the event of a vacancy created by the resignation of an Officer, a replacement Officer may be selected by a simple majority vote of the Executive Committee.
d) All Officers, including At-Large Officers, are deemed voting members at all Executive Committee and Membership meetings.
Section 3. Duties
a. The President shall be the chief executive officer, shall preside at all Membership and Executive Committee Meetings and shall represent EBYD at California Young Democrat Conventions and Executive Board Meetings. The President shall serve as an ambassador for EBYD. The President shall also oversee and conduct the October Executive Committee elections.
b. The Vice President of Membership shall assume all responsibilities when the president is unavailable. The Vice President of Membership shall also serve as the coordinator of the Advisory Committee, and shall coordinate all efforts to bring new membership into EBYD. In addition, the Vice President of Membership shall be responsible for keeping the membership database up to date.
c. The Vice President of Finance 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 not allocated by the Executive Committee to a paid treasurer. The Vice President of Finance shall also assist the Immediate Past President and, when applicable, the Activities Coordinator with EBYD’s fundraising efforts.
d. The Secretary shall maintain all records of EBYD and shall ensure the President receives minutes of all meetings of EBYD in a timely fashion, as determined by the Executive Committee. The Secretary shall serve all required notices and official club correspondence, including a monthly newsletter and other e-mail correspondence; shall assist the Director of Communications in coordinating all media, publicity, and advertising on behalf of EBYD, organization mailing lists; and shall coordinate labeling of mailings with the Executive Board.
e. The Political Director shall chair all endorsement meetings and coordinate events between the club and elected official and candidates. The Director shall research all appropriate legislation and political candidates and report necessary information to the Executive Board. The Director will serve as the contact person for all inquiries related to endorsements. Between endorsements, the Political Director shall work with the Executive Committee to serve as a liaison between the club and community organizations, and shall coordinate EBYD decisions to co-sponsor community or political events.
f. The Director of Communications shall maintain and engage all web-based communication platforms including, but not limited to, the EBYD website (www.ebyd.org), Facebook, Twitter, Google and Email accounts. The Director of Communications will serve as the coordinator of all media, publicity, and advertising on behalf of EBYD and serve as the contact person for purposes of all web-related administration, such as for the contracted web-server company and associated accounts. The Director of Communications shall ensure that the EBYD website is to date with upcoming events, information about the club, its officers, and its bylaws, and other relevant information. The Director of Communications may assist the Secretary in publishing a monthly newsletter and other communications as necessary.
g. The Immediate Past President shall serve in an advisory capacity to ensure the club maintains relationships with elected officials and other stakeholders between EBYD administrations. The Immediate Past President shall also take an active leadership role in fundraising efforts, along with the Vice President of Finance.
h. The At-Large Members shall provide assistance to the EBYD Executive Committee on an as-needed basis. At-Large Members may be appointed to fill the following positions or other positions, as the Executive Committee deems necessary and appropriate.
(1) Activities Coordinator. The Activities Coordinator shall lead the logistical coordination of social activities, outings, and events. The Activities Coordinator shall work with the Executive Committee as needed.
(2) Parliamentarian. The Parliamentarian shall keep the EBYD By Laws consistent with the aims and policies of EBYD, 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 the Executive Committee of procedural requirements of EBYD. The Parliamentarian shall ensure that all meetings are run in accordance with Robert’s Rules of Order.
i. In the event that a Parliamentarian is not appointed among the At-Large Members, another officer on the Executive Committee, except the offices of President, Vice-President of Membership, Vice President of Finance, or Secretary, must be appointed by the President or Executive Committee to serve in this capacity.
Section 4. Election and 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 or November, elections shall be conducted for all Officers of EBYD.
c. All newly elected Officers shall serve a term of January 1 to December 31 of the year subsequent to their election.
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
(1) Any member may run for a position on the Executive Board pursuant to Section III 5(d)
(2) 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.
(3) 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.
(4) 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.
(5) Nominations will be allowed from the floor of the September membership meeting. Nominations will be closed upon adjournment of the September membership meeting.
(6) If Executive Board candidates desire, candidates shall be asked to 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 or November election meeting.
(7) At the election meeting a secret ballot shall be provided in all races that are contested.
(8) At the election, candidates will be allowed up to two (2) minutes for a speech. After the speech members will be allowed to ask questions.
(9) A simple majority of members present is needed to be elected to any office.
(10) If no majority is reached than a runoff shall occur between the two top vote getters.
(11) 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.
(12) 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.
(13) Vote Counting: If not himself or herself a candidate for a position, 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 Membership 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) 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 EBYD from his/her Office shall provide each Officer of EBYD with a Petition for Removal identifying the charges in writing and signed by twenty (20) other members (having paid dues at least twenty-five (25) days prior to the date of signing the petition) at a regularly scheduled Membership Meeting.
B. The 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 IV 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 IV. 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) vote of Members present in favor of the Petition for Removal.
ARTICLE V. STANDING COMMITTEES
Section 1. Executive Committee
There shall be an Executive Committee as described in Article III.
Section 2. Advisory Committee
The EBYD shall have a standing committee 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 financial resources to the EBYD. Membership in this group is honorary, and Article III. 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 unlimited unless the Advisory Committee Member informs the President, Vice President, or Secretary of the EBYD of an intent to resign or is removed from the position following procedures similar to Article IV. Section 5.c(1)B-D. The Vice-President or his or her designate shall be responsible for the coordination of this group.
Section 3. Other Committees
Other committees may be designated by the President and confirmed by a simple vote majority of Executive Committee members. They shall function on an ad-hoc basis to serve a specific need of the EBYD and can be disbanded by a simple majority vote of Executive Committee members.
ARTICLE VI. GENERAL PROVISIONS
Section 1. Quorum
a. Quorum shall be members present, at no time less than ten (10) 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 until a determination to the contrary.
Section 2. Expenditures
a. No Member or Officer may represent him/herself as an agent of EBYD 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 at CYD Meetings
Should the EBYD be eligible to have more than one (1) voting delegate to CYD meetings, the President shall appoint the additional delegates who shall be eligible to represent the EBYD upon approval of a majority of the Executive Committee.
ARTICLE VII. ENDORSEMENTS
Section 1. Definitions
The definitions are outlined in Article II, Section 7(a)-(c).
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 simple 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) EBYD may endorse a candidate upon a sixty (60) 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 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 stationery 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.
(3) 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 VII 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 VIII. THE PARLIAMENTARY ORDER & AMENDMENTS
Section 1
These By-Laws may be amended at any membership meeting of EBYD 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 (7) 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 EBYD, should they exist, by a majority of those present and voting at a membership meeting of EBYD. EBYD shall not promulgate Standing Rules inconsistent with These By-Laws.
Section 3
In all matters not contained in these By-Laws or the Standing Rules of EBYD, authority rests in Robert’s Rules of Order Newly Revised.
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