Sanpete County Republicans

Preface

Nothing in these proposed amendments should be construed as in any way casting any sort of derogatory light on the very good people who wrote our current Constitution. Until 1994 the Party operated completely without a constitution. Some very far-sighted party members recognized that this was a serious problem. They undertook to create a constitution and by-laws that would give the Party its first constitutionally provided organizational structure and rules under which to operate.

However, these good people were not lawyers nor were they experienced in drafting constitutions. They were ordinary people who had to cut from here and paste from there and use their best judgment in coming up with a credible legal document sufficient to its intended purpose. Much of what they did was good, but, as well intentioned as they were, the Constitution and By-laws they produced had serious deficiencies, oversights, errors and omissions which exist in our current Constitution today. Additionally, the current Constitution enshrines some philosophical and discriminatory problems that present both legal and ethical issues that need to be resolved.

The amendments proposed herein constitute a major overhaul that is badly needed and long overdue. These proposed amendments go a long way toward correcting the philosophical, legal and technical problems of the current constitution.

PROPOSED AMENDMENTS

Amend the Preamble as follows: 

After the word “candidates” add the words “from Sanpete County”.

Commentary: The words “from Sanpete County” are added for the obvious reason that candidates who reside in Sanpete County are far more likely to place our county much higher on their priority list if they actually live here. Additionally, Party officers should have an ethical duty to support Sanpete County candidates over candidates from outside the county.

 Strike Article I and substitute a new Article I as follows:

 ARTICLE I:  NAME

            The official name of the party shall be “Sanpete County Republican Party” (the “Party”).  The Party hereby affiliates itself with the Utah Republican Party and the National Republican Party.

 Commentary: Other than the title of the document, nothing in the current Constitution establishes the official name of the Party.  This amendment corrects that oversight.

 Strike Article II and restate the same as follows:

 ARTICLE II – GOVERNANCE/MISSION

 A.  GOVERNANCE:  This Constitution is established under the provisions of and shall be governed in accordance with the laws of the United States and the State of Utah.  Future changes in the laws governing political parties or court decisions that adjudge any provision herein to be invalid shall have the immediate effect of amending this Constitution to the extent needed to bring it into conformity with current law, and shall not affect, impair or invalidate the remaining provisions contained herein.  In all things herein stated, the Party shall comply with the law.  The Central Committee, by acting by majority vote shall have the limited authority to temporarily revise the wording of this Constitution strictly for the purpose of bringing it into conformity with current law or court rulings.  Such revisions shall take immediate effect but shall be subject to a ratification vote of the CDC at its next noticed general meeting in order to be made permanent.

 Commentary:  This article contains virtually all the language contained in the current Article I entitled “Authority”.  The primary change is a limitation placed on the Central Committee authorizing them, by majority vote, to temporarily revise the wording of the Constitution to comply with new law but requiring a ratification vote of the CDC to make the changes permanent.  The current Constitution requires no ratification vote by the Delegates of such changes made by the Central Committee.  This amendment recognizes the principal that ALL changes to the Party Constitution should be subject to a ratification vote of Delegates.

 B.  MISSION:  It shall be the mission of the Party to identify and elect qualified Republican residents of Sanpete County to countywide and statewide office.  It shall be the good faith ethical duty of Party officers to further that mission to the best of their ability.  Additionally, the further mission of the party shall be to advance the principals, provisions, interests, and ideals of the Utah State Republican Party platform and the platform of the National Republican Party in so far as they are in conformity with the platform of this Party. 

 Commentary:  This new provision establishes the principal that it is the mission and good faith ethical duty of the Party Officers to identify and support residents of Sanpete County for election to countywide and statewide office in preference to candidates from outside Sanpete County.  The current Constitution establishes no such ethical duty on the part of officers. 

Strike Articles III, and IV, and restate the same as follows:

 ARTICLE III – AUTHORITY/MEMBERSHIP

A.   All power and authority in the Sanpete County Republican Party (the “Party”) originates with and is strictly derived from the grass-roots Members of the Party by and through the election in their precincts of County and State Delegates who shall represent the Precinct at the County and State Party levels.  The Delegates so elected shall comprise the County Delegate Council (the “CDC”), which council shall be the parliamentary and governing body of the Party.  No officer or committee of the party may exercise any power or authority in behalf of the Party except as may be granted by prior resolution of the CDC.  The Party nor its officers nor its permanent committees shall make any rule or take any action that inhibits, denies, or in any way interferes with the right of the Party’s Members to fully participate in the collective governance of the Party by way of a majority vote of the CDC.

 Commentary: The current Constitution establishes and codifies a “top-down” power structure in the party wherein all power is vested in the leadership and does not provide for members or Delegates to directly have a say in Party governance or policy except thorough a ratification vote on just those issues leadership believes should be a voted upon.  It’s a perfect formula for abuse of power by leadership.  This amendment corrects that dangerous principal and firmly places the source of power in the Party with the members rather than only in the hands of leadership.  This amendment also opens the door for the creation of a permanent parliamentary committee of the Party called the County Delegates Council which shall be comprised only of the Party Delegates. In essence, this amendment places Party members in charge of their own Party.

B.  Membership in the Party is open to all residents of Sanpete County who, at the time of any election or official function of the party, identify themselves as a Republican.  Unless otherwise prohibited by Law, those entitled to vote in any Party meeting, caucus, or convention shall be limited to persons who:

1.   have registered as a member of the Republican Party with the office of the Sanpete County Clerk; or

2.   who at the Party function at which they intend to cast a vote, first execute a voter registration card upon which they identify their party affiliation as being “Republican” prior to casting their vote and deliver the same to the Chairperson presiding as such Party function.

 Commentary: The current Constitution states that anyone who “identifies” themselves as a Republican is considered a member of the Party.  This amendment acknowledges that membership is open to all residents of the County, as it should be, but requires anyone actually voting in any Party election or official function of the Party to be registered to vote as a Republican at the time they cast their Party vote.  This amendment would prevent Democrats or people affiliated with other parties from duplicitously calling themselves a Republican the night of a mass meeting caucus for purposes of voting without having to first at least register as a Republican in order to obtain that privilege.

 ARTICLE IV – ORGANIZATION/OFFICERS

A.  The Party shall be organized into political subdivisions, as required by law, from smallest to largest, as follows:

1.   Tier One:  The basic political subdivision of the party shall be the VOTING PRECINCT.  Voting Precincts shall be formed in accordance with law and on the basis of:

a.   a contiguous geographic location, and

b.   as nearly an equalized population of Republicans residing therein from precinct to precinct throughout the County as is practically possible.

2.   Tier Two:  ADMINISTRATIVE AREA.  There shall be not less than three (3) Administrative Areas in the county which shall be formed on the basis of law and the following:

a.    a contiguous geographic location, and

b.   an equalized number of Voting Precincts, from Administrative Area to Administrative Area, proportioned throughout the County.

c.    Administrative Area boundaries and the addition of new administrative areas within the County shall be recommended, from time to time, by the Central Committee, who shall forward their recommendation(s) to the CDC in resolution form for consideration at the CDC’s next regularly noticed and held convention or special meeting called for any purpose.

d.   The minimum number of Voting Precincts contained in each Administrative Area shall be three (3).

 Commentary: The current Constitution contains no clear-cut definitions regulating how Voting Precincts and Administrative Areas are to be formed.  Without clear definitions it would be possible for some future local party leader to perform intra-party gerrymandering of Precinct and Administrative Area boundaries to serve their own political interests.  While gerrymandering is a perfectly legitimate instrument on a statewide level, it should never be allowed intra-party at the local level

3.   Tier Three:  COUNTY DELEGATES COUNCIL (CDC).  The whole body of County Delegates and State Delegates elected by the Voting Precincts at their respective Grass Roots Mass Meeting Caucuses shall comprise the CDC.  The CDC shall be the governing parliamentary bodyof the Party.  All powers and authority of the Party not expressly delegated to officers or committees by this Constitution or the Party by-laws, or which are reserved by Law for conventions, are vested in the CDC.  The CDC may delegate specific powers to the various Permanent Committees of the Party, to Party Officers or, from time to time, to other individuals as the CDC deems necessary and prudent.

 Commentary: This amendment is perhaps the most important amendment being proposed.  This amendment creates the CDC.  It turns the current top-down power structure of the Party on its head and codifies a bottom-up power structure.  This amendment expressly reserves all power in the Party to the party members acting through their elected Delegates.

4.   Tier Four:  GENERAL PARTY MEMBERSHIP.   The whole of the Party membership shall constitute the General Party Membership.  Members of the General Party Membership may, through their elected County Delegate(s), propose amendments to this Constitution and the Party By-Laws, propose resolutions establishing the policies and actions of the party, and vote upon the business conducted at any Grass Roots Mass Meeting Caucus held in the Voting Precinct in which they reside.

 Commentary: This amendment gives every Party member the authority to have a direct say in the governance and policies of the Party.  This and the Tier Three amendment above are a protection against leadership abuse of power and a check and balance against leadership exerting an undue influence over the affairs of the Party. 

B.  OFFICERS AND DELEGATES:  Only citizens of the United States whose permanent residence for voting purposes lies within a Sanpete County Voting Precinct who are registered Republicans and qualified to vote in the next general election may be elected or appointed to any Party office which has voting privileges in any Party convention, meeting, caucus, including mass meeting caucus, or permanent committee meeting.  It shall be the ethical duty of any officer elected to office in this party to support and vote for Republican candidates from Sanpete County who are duly nominated and or elected to be the Party’s official candidate in a general election for countywide political office and/or who is the sole candidate from Sanpete County standing in a convention or general election for statewide political office.  The respective elected Party Officers (the “Officers”) of this Party and their means of election shall be as follows:

Commentary: The current Constitution contains no provision that any officer is required to be a member of the Party.  Although it would be highly unlikely we would ever elect someone from another party to be in our leadership, this amendment corrects this oversight and requires Party membership in order to be elected to any Party office.  This amendment also creates an ethical duty on the part of Party officers to support and vote for Sanpete candidates over candidates from outside Sanpete County in statewide political races.

1.   The Executive Officers of the Party shall be:  CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY/TREASURER.  (Compare to Article III (D) of the current Constitution)

 Commentary: The current Constitution contains a provision that if the Chairperson is of one gender, the vice-chairperson must be of the opposite gender.  Although it might be properly stated as a voluntary preference, to require such a discriminatory policy in the Constitution is probably not a legally defensible position.  The requirement essentially institutionalizes a bias on the basis of gender for the second highest elected position in the Party.  The Party would be on much more solid legal ground by having a policy based on “may the best person win” rather than one that dictates a policy of discrimination on the basis of sex.

2.   The Administrative Officers of the Party shall be:  AREA CHAIRPERSON, AREA VICE-CHAIRPERSON, PRECINCT CHAIRPERSON, PRECINCT VICE-CHAIRPERSON.

3.  The Parliamentary Officers of the Party shall be:  COUNTY DELEGATES  and STATE DELEGATES (the “Delegates”).

 Commentary: The current Constitution does not recognize Delegates as being any sort of Party officer.  In it, the members of the Central Committee are designated as the Parliamentary Officers. 

4.  The Party shall elect one (1) Representative of the Party to the State Republican Central Committee, (or such other number as may be designated from time to time by the State Republican Party,) whose title shall be:  COUNTY REPRESENTATIVE TO THE STATE REPUBLICAN CENTRAL COMMITTEE (the “County Representative”).

 Commentary: The current Constitution makes no provision for election of the County Representative nor defines the position.  This and other related amendments will correct that oversight.

C.  ELECTION OF PARTY OFFICERS and DELEGATES:  The Chairperson, Vice-Chairperson, Secretary/Treasurer, and County Representative shall be elected by majority vote of the CDC as hereafter stated.  The Administrative Area Chairperson(s), and Administrative Area Vice-Chairpersons shall be elected by majority vote of the County and State Delegates from each respective Administrative Area.  The Precinct Chairperson(s),Vice-Chairperson(s), and Secretary/Treasurer(s) shall be elected by majority vote of Party Members of their respective Voting Precincts. County and State Delegates shall be elected by majority vote of Party Members of their respective Voting Precincts.

1.   COUNTY DELEGATES:  County Delegates and Alternative County Delegates in a number as may be dictated by this Constitution, by law, or by the rules of the State Republican Party, shall be elected from each Voting Precinct.  Voting for County Delegates and alternates shall be conducted in each EVEN-NUMBERED-YEAR at the Precinct Mass Meeting Caucus.  Alternative delegates shall serve in the place of the elected Delegate(s) in the event an elected Delegate(s) is unable to fulfill the duties of his or her office.  Voting shall be conducted in accordance with law and as set forth in this Constitution and the Party By-Laws.

2.   STATE DELEGATES:  One (1) State Delegate and one (1) alternative State Delegate, or such other number as may be dictated by law or the rules of the State Republican Party, shall be elected from each Voting Precinct.  Voting for State Delegates and alternates shall be conducted in each EVEN-NUMBERED-YEAR at the Precinct Mass Meeting Caucus.  The Alternative State Delegates shall serve in the place of the elected Delegate in the event the elected Delegate is unable to fulfill the duties of his or her office.  Voting shall be conducted in accordance with law and as set forth in the Party By-Laws.

3.   ADMINISTRATIVE AREA CHAIRPERSON/ADMINISTRATIVE AREA VICE-CHAIRPERSON:  One person shall be nominated from each Voting Precinct who shall thereafter stand for election to the office of Administrative Area Chairperson for their Administrative Area.  At the Nominating Convention of the Party, The names of said nominees shall be put before the Delegates from each respective Administrative Area for election.  The person who receives the largest number of Delegate votes of from their respective Administrative Area shall be elected Chairperson of their respective Administrative Area.  The person receiving the second largest number of Delegate votes shall be elected Vice-Chairperson of the Administrative Area.

 Commentary: This amendment is quite similar to the language of the current Constitution except that it more clearly defines the electoral process for the office(s).  This Constitutional procedure has been ignored in recent elections, with leadership choosing to open the office to anyone who wishes to run rather holding it only to those candidates nominated by the respective Voting Precincts.  In fact, at the last Organizing Convention (2005), nominations were actually improperly taken from the floor of the convention from the quorum of the Delegates in general rather than putting forward only those candidates nominated by the Voting Precincts as the Constitution requires.  In point of fact, since leadership did not follow this Constitutional procedure in the 2005 Organizing Convention it technically was not a invalid election and is susceptible to legal challenge if someone were so inclined.

4.   VOTING PRECINCT CHAIRPERSON, VICE-CHAIRPERSON and SECRETARY TREASURER:  At each Voting Precinct mass meeting caucus, Party members present shall elect by Majority vote of the Party members present one person each to the offices of Voting Precinct Chairperson, Voting Precinct Vice-Chairperson, and Voting Precinct Secretary Treasurer respectively.   Voting and assumption of office shall be in accordance with the provisions of this Constitution and the By-laws.

5.   COUNTY REPRESENTATIVE to the STATE REPUBLICAN CENTRAL COMMITTEE (County Representative):  The County Representative is not deemed to be an officer of the party for governing or administrative purposes and has no power or authority to act in the name of Party except as in regard to the casting of his votes as a member of the State Republican Central Committee in the Party’s behalf.  Any registered Party member residing in a Sanpete County Voting District may stand for election to the office of County Representative.  One person shall be elected to said office by a majority vote of a quorum of the CDC voting at the Party’s Organizing Convention.  In the event the elected County Representative resigns, is incapacitated, or removed, the Central Committee may appoint another person to serve in this capacity until election of a new County Representative can be made at the next general meeting of the CDC called for any purpose.

 Commentary: This amendment defines the position of County Representative and establishes a procedure for election.  The current Constitution is silent on the position of County Representative.

6.   CHAIRPERSON:  The Chairperson shall be considered the Chief Executive Officer of the Party and shall have duties, powers, and authority as specified in the Party’s By-Laws.  Any registered Party member residing in a Sanpete County Voting District may stand for election to the office of Chairperson.  One person shall be elected Chairperson by a majority vote of a quorum of the CDC voting at the Party’s Organizing Convention or at such other noticed general meeting of the County Delegates replacing a Chairperson in the event of the resignation, incapacity or removal of the CHAIRPERSON prior the expiration of his or her term.

7.   VICE-CHAIRPERSON: 

a.  Any registered Party member residing in a Sanpete County Voting District may stand for election to the office of Vice-Chairperson.  One person shall be elected Vice-Chairperson by a majority vote of a quorum of County Delegates voting at the Party’s Organizing Convention.  In the event the Chairperson resigns, is incapacitated or is removed prior the expiration of his or her term, the Vice-Chairperson shall assume all duties and powers  of the office of Chairperson until a new Chairperson can be duly qualified and elected by the CDC at its next noticed special meeting or Party Convention.  Additional duties of the Vice-Chairperson shall be as defined in the Party’s by-laws.

b.  In the event the Vice-Chairperson cannot, for any reason, fulfill the duties of the Chairperson, the Central Committee may appoint, in the interim, another person to serve in the capacity of Chairperson until election of a new duly elected Chairperson and/or Vice-Chairperson can be made at the next general meeting of CDC called for any purpose.

 Commentary: As previously stated, the current Constitution codifies a gender bias in the election of the Vice-Chairperson by requiring that the Vice-Chairperson be of the opposite gender of the Chairperson.  While well intentioned, such a requirement institutionalizes discrimination on the basis of sex if a person of the same gender were to be the preferred choice of the Delegates.  The requirement also renders the current Constitution susceptible to legal challenge on the basis of sex discrimination.  This amendment corrects that problem.

8.   SECRETARY/TREASURER:  The Secretary/Treasurer shall have charge of maintaining books, records and funds of the Party and shall be considered the Chief Financial Officer (CFO) of the Party. Any registered Party member residing in a Sanpete County Voting District may stand for election to the office of Secretary/Treasurer.  One person shall be elected Secretary/Treasurer by a majority vote of a quorum of the CDC voting at the Party’s Organizing Convention.   In the event of the resignation, incapacity or removal of the Secretary/Treasurer prior the expiration of his/her term, The Central Committee may appoint another person to temporarily serve in this capacity until election of a new Secretary/Treasurer can be made at the next noticed special meeting or Convention of the CDC.

D.  DUTIES & POWERS: Duties and powers of the elected Party Officers not specifically defined in this Constitution shall be further defined in the By-Laws.

E.   TERMS:  Elected Party Officers shall serve terms of two (2) years, unless they earlier resign, are incapacitated, or are removed in accordance with the provisions of this Constitution and/or as stated in the By-Laws.

 The current language of Article V. is stricken and new language inserted as follows:  (For further reference, see also Article IV, section E. of the current Constitution.)

 Article V– PERMANENT COMMITTEES/RESPONSIBILITIES

A.  The Party shall be governed by the General Party Membership acting by and through its elected Delegates.  The Party shall have four (4) Permanent Committees whose names, duties and functions shall be as follows:

1.  COUNTY DELEGATES COUNCIL (CDC):  The primary parliamentary and governing Permanent Committee of the Party shall be the CDC.  All powers and authority of the Party not expressly delegated to officers or committees by Law, this Constitution or the Party’s By-Laws are reserved to and vested in the CDC.

a.   Any member of the CDC may propose and the Delegates shall vote upon amendments to this Constitution and the Party By-Laws, may propose resolutions regarding establishment of the policies and actions of the party, and the Delegates shall act upon all such proposed amendments and resolutions.  The actions of the CDC shall comprise the governing authority and policy of the Party.

b.  The CDC shall elect by majority vote, and shall oversee the performance of the Party Executive Officers and the County Representative.

c.   The CDC shall ratify, or amend and ratify, and adopt the Party Platform put forward by the Central Committee.

d.  The CDC shall establish and eliminate committees other than Permanent Committees, establish and eliminate Party Offices other than party offices established by this Constitution, and do any and all other and further acts they deem in the Party’s interest.

e.   The CDC shall meet at least in odd-numbered-years at the Party’s Organizing Convention and in even-numbered-years at the Party’s Nominating Convention, and may meet at any time for any other purpose deemed necessary in accordance with the provisions of this Constitution and the By-Laws.  Any matter of business may be taken up by the CDC at any meeting.  The Party Chairperson shall preside and conduct meetings of the CDC unless the majority of a quorum of CDC members present and voting at any particular meeting choose to appoint another person to preside over that particular meeting.

Commentary: This is a hugely important amendment.  This amendment guarantees that power in the Party will always reside in the Party membership rather than be vested only in Party leadership.  This amendment is the Party’s check and balance against potential abuse of power by Party leadership.  In the current Constitution, much of the power granted the CDC in this amendment is held by the Central Committee.  Currently, only those matters filtered through the Steering and Executive Committees and approved by the Central Committee may be brought before the Delegates.  This amendment eliminates that filtering process and allows Delegates a direct hand in the process of governing their own Party.

2.  CENTRAL COMMITTEE:  The Central Committee shall consist of the three Executive Officers of the Party, the Administrative Officers of the Party, and all Republicans residing in any of the Party’s Voting Precincts who are elected to Countywide and/or Statewide political office.  The Central Committee shall be the committee that oversees and has responsibility for implementation of all resolutions passed by the CDC.  Other duties of the Central Committee shall be:

a.   To oversee and supervise the general business of the Party, authorize and implement the electoral procedures and policies of the Party as established by Law and the Party’s by-laws, and shall identify and recruit qualified candidates for Republican office at the municipal, County and State level.

b.  To prepare ballots and Delegate information packages for all Conventions of the Party.

c.   To prepare the Platform of the Party.

d.   To oversee the activities of the Chairperson and other officers and committees of the Party.

e.   The Central Committee by their majority vote, may propose amendments to this Constitution, the Party’s By-Laws, and resolutions, and forward the same to the CDC for their consideration.  The Central Committee shall review all proposed amendments and resolutions presented or forwarded to them by other committees or officers and shall forward to the CDC their recommendation(s) in regard thereto.

f.    The Central Committee, upon a two/thirds majority vote, acting in good faith and for good cause, including malfeasance, misfeasance, failure to perform the duties of their office, dishonesty, moral turpitude, or unreasonable or reckless conduct unbecoming an officer of the Sanpete County Republican Party, shall have the right to remove from Party office any elected Party Administrative Officer, and to temporarily appoint a successor until a successor can be duly elected as called for in this Constitution and the Party’s By-Laws. 

g.   The Central Committee, upon a two/thirds majority vote, acting in good faith and for good cause, including malfeasance, misfeasance, failure to perform the duties of their office, dishonesty, moral turpitude, or unreasonable or reckless conduct unbecoming an officer of the Sanpete County Republican Party, shall have the right to forward to the CDC a resolution recommending the removal from Party office of any elected Party Executive Officer.  Said resolution shall be acted upon by majority vote of the CDC at the next noticed regular or special meeting or convention of the CDC. 

h.   At the first meeting of the Central Committee following any Organizing Convention, the committee members shall choose, by majority vote, one of their members as Director of the committee.  The Director shall thereafter conduct all meetings of the committee until a new Director is chosen.  A new Director may be chosen at any time by the committee.

Commentary: This amendment does many things.  It more clearly defines the duties of the Central Committee.  It establishes a criteria and procedure for removal of elected officers. It changes the authority of the Central Committee in regard to adoption of amendments and resolutions by making their roll advisory to the CDC rather than being a final Parliamentary body.  It allows the Central Committee to choose its own Director.  In the current constitution the language vests all Party power in the Central Committee.  This amendment recognizes the Central Committee as being second in line of authority in favor of Power being vested in the Delegates, rather than the Central Committee per the earlier provisions of this amended Constitution.

3.  EXECUTIVE COMMITTEE:  The Executive Committee shall consist of the Executive Officers of the Party. The duties of the Executive Committee shall be:

a.  to manage the day-to-day business operations of the Party in consistent with the requirements of this Constitution, the Party By-Laws, and in accordance with Law;

b.  to report to the Central Committee on the activities and acts of the Executive Committee;

c.  to Manage the finances of the Party in a fiduciarily sound manner, prepare budgets and budget reports and proposals.  Prepare financial statements and reports and forward the same to the Central Committee and the CDC on at least an annual basis or as may be otherwise required by the Central Committee and/or the CDC, make payments from Party funds as authorized by the Central Committee only by checks requiring the co-signatures of the Secretary/Treasurer and another member of the Executive Committee who is not related by blood or marriage to the Secretary/Treasurer;

d.  to establish and publish the ballots and agenda(s) for Voting Precinct meetings;

c.   to advise and assist the Voting Districts in the conduct of Mass Meeting Caucuses; 

d.   to advise and assist the Steering Committee in the planning, scheduling, and organizing of party activities, meetings, fundraising, and conventions.

e.   to investigate charges of alleged malfeasance, misfeasance or nonfeasance in office by any Party officer and to forward their findings therein and their recommendation in regard thereto to the Central Committee.

f.    in the event of vacation of a Party office by resignation, incapacity or removal of any Party officer, and the vacation requires appointment of an interim replacement officer until another can be duly elected, the Executive Committee shall identify to recommend to the Central Committee the names of two or more qualified persons to fill any such vacated Party office. 

g.   to propose amendments to this Constitution, the Party By-Laws, and resolutions as the Committee deem fit for consideration by the CDC.

h.  The Executive Committee, subject to review and approval of the Central Committee, shall be the sole official source of Party statements and communications to the public.

h.   The Party Chairperson shall conduct all Executive Committee meetings unless by the majority vote of committee members, another person is choosen to act as Director for that particular meeting. 

Commentary: This amendment more clearly defines the duties of the Executive Committee. 

4.  STEERING COMMITTEE:  The Steering Committee shall assist and advise the Executive Committee in planning, organizing, and directing the affairs of the Party in accordance with the requirements of this Constitution, the Party By-Laws, and in accordance with Law. The Steering Committee shall:

a.   assist precinct officers in carrying out their mass meeting duties;

b.  collect and verify voting results from the various precincts and shall forward the same to the Executive Committee as called for in this Constitution and the Bylaws;

b.   Schedule and conduct Steering Committee meetings in accordance with this Constitution and the Bylaws;

c.   assist the Party in recruiting and supporting qualified Republican residents of Sanpete County for elective office;

e.   assist and advise the Executive Committee in preparing public statements, press releases or other communications to media resources regarding the official public positions, statements, or policies of the Party in regard to candidates and public issues.  

f.  The County CHAIRPERSON shall preside over and conduct all meetings of the Steering Committee unless by the majority vote of committee members, another person is choosen to act as Director for that particular meeting. 

Commentary: This amendment sets forth the duties of the Steering Committee with much more clarity and specificity than the current Constitution.  It also requires Central Committee approval of certain acts involving the public face put forward by the Party.

5.  OTHER COMMITTEES:  Other Ad Hoc and/or Standing Committees may be appointed, from time to time, by any Permanent Committee for their respective committee purposes, subject to oversight by the CDC and the Central Committee, and shall be accountable to the appointing authority.

The current Article VI is stricken and new language substituted therefore as follows:

Article VI – CONVENTIONS AND MEETINGS

(New.  Compare Article V. of the current Constitution)

A.     CONVENTIONS:  The Party shall hold conventions as required by Law, and as required by the State Republican Party.  Mandatory conventions are as follows:

1.  NOMINATING CONVENTION:  The Nominating Convention of the Party shall be held bi-annually on the first (1^st) Saturday of May in even-numbered-years, or on such other date as the State Republican Party shall require or as the CDC may from time to time designate by majority vote.  Participants entitled to vote thereat shall be all elected County and State Delegates, all Republicans residing in any Voting Precinct in Sanpete County who are elected to Countywide or Statewide political office, and all at-large Delegates as set forth in the By-laws.  The CHAIRPERSON shall preside over and conduct the Organizing Convention unless the CDC, by majority vote, designates another person to conduct the business of the convention. Business of the Nominating Convention shall include at least the following:

             a.  The first order of business shall be certification of the newly elected County Delegates by the following Motion:  ” I move that the County Delegates nominated by majority vote of  their precincts at the mass meetings conducted on __(give date)__  be certified as County Delegates for the Sanpete County Republican Party, that they serve a two-year term from the date of their election, that County Delegates include members of the Executive, Steering and Central Committees, and those who are Republicans residing in Sanpete County who are elected to countywide or statewide political office.  A list of the nominated Delegates has been submitted to the Sanpete County Republican Party Secretary/Treasurer.  I further move that all certified County Delegates be appointed members of the County Delegate Council.”

            b.  The second order of business shall be election of Administrative Area Officers who have been nominated by the respective voting precincts.  The nominee receiving the most votes of Delegates from his administrative area shall be Chairperson and the next highest vote-getter shall be Vice-Chairperson.  Upon announcement of the election results the following motion shall be made:  “I move that the Sanpete County Republican Party Steering Committee shall consist of members of the Executive Committee and the Administrative Area Chairpersons and Vice-Chairpersons.”

           c.  Certification of Delegates to the State Republican Party Convention by the following motion:  “I move that the Delegates to the Utah State Republican Party Convention from Sanpete County be those appointed according to the formula set forth in the By-laws.  Those Delegates include those nominees elected by majority vote in their Mass Meeting Caucuses conducted on ___(date)___, those who are Republicans residing in Sanpete County who are elected to countywide or statewide political office as well as the at-large Delegates appointed according to that formula. A list of the nominated Delegates has been submitted to the Sanpete County Republican Party Secretary/Treasurer”

            d.  Consideration and adoption, or amendment and adoption, of the Party Platform put forth by the Central Committee.

             e.  Nominations with second of Candidates for Countywide Offices in accordance with the rules set forth in the by-laws.

             f.  Balloting by secret ballot by Delegates entitled to vote for each respective contested countywide office.  Voting shall be upon printed ballots provided by the Secretary/Treasurer.  Balloting shall continue for such time as will afford all duly accredited delegates a reasonable opportunity to cast their ballots.

             g.  Counting of ballots in accordance with the provision of this Constitution and the By-laws and the announcement of balloting results.

             h.  Such other and further business of the Party as may arise by agenda or by motion from the convention floor.

Commentary: This amendment sets forth a date certain for the Party Nominating Convention if the date is not dictated by the State Republican Party.   

2.  ORGANIZING CONVENTION:  The Organizing Convention of the Party shall be held bi-annually on the third (3^rd) Saturday of March in odd-numbered-years, or on such other date as the CDC may, from time to time, designate by majority vote.  Participants entitled to Vote thereat shall be all the members of the CDC, all Republicans residing in any Voting Precinct in Sanpete County who are elected to Countywide or Statewide political office and all delegates at-large as provided by the By-laws.  Voting participants shall be entitled to one (1) vote each upon each issue or office.  The Current Chairperson shall preside over and conduct the Organizing Convention unless the CDC, by majority vote, designates another person to conduct the business of the convention.  Business of the Nominating Convention shall include at least the following:

a.  Election of the Party Chairperson, Vice-Chairperson, Secretary/Treasurer, and County Representative. 

b.  Upon completion of voting and announcement of the election results for the offices stated in Article A,2,a above, the following motions shall be made:

          i.  in regard to the Executive Committee; “I move that the membership of the Sanpete County Republican Party Executive Committee consist of the Party Chairperson, the Vice-Chairperson, and the Secretary/Treasurer.”

 

      iii.  In regard to the Central Committee; “I move that the membership of the Sanpete County Republican Party Central Committee consist of the Voting Precinct Chairpersons, Vice-Chairpersons and Secretary/Treasurers; Members of the Executive Committee,  Members of the Steering Committee; and all elected Republicans holding current countywide or statewide political office who reside in Sanpete County.”

c. Other Business of the Party, including consideration of amendments and resolutions or other party business appropriate to the body of the CDC shall also be conducted at the Organizing Convention.

Commentary: This amendment sets forth a date certain for conducting the Organizing Convention and provides more meeting conduct clarity than is the case in the current Constitution.

B.  VOTING PRECINCT MASS MEETING:  Mass Meetings of the Party Membership shall be held in even-numbered years on the second Monday of March, or alternatively, in accordance with the schedule set down, from time to time, by the Utah Republican Party.  Business conducted at the Voting Precinct Mass Meeting shall be at least as follows:

              1.  Election of Voting Precinct Chairperson, Vice-Chairperson and Secretary.

              2.  Nomination and election of County Delegate nominees

              3.  Nomination and election of State Delegate nominee(s)

Commentary: Mass Meetings are not addressed in the current Constitution at all.

C.  COMMITTEE MEETINGS/QUORUM(S):  meetings of the standing committees of the Party shall be as follows:

1.  Attendance of a quorum of members entitled to vote at any meeting of the party shall be required before business of the Party may be conducted or acted upon at the meeting.  The Chairman or Committee Director shall cause the names of all persons in attendance who are entitled to vote thereat to be recorded in the minutes of the meeting.  

2.  CENTRAL COMMITTEE:  The Central Committee shall meet as deemed necessary but not less than every six months.  Central Committee meetings shall also be held at the request of the Party CHAIRPERSON, any other standing committee, upon the request of three (3) or more members of the Central Committee, or upon the request of 10% or more of the members of the CDC.  A quorum shall consist of fifty (50) percent of the members of the Committee

Commentary: The current Constitution makes no provision for meetings of the Central Committee other than their regular semi-annual meeting.  This amendment provides a formula for the calling of other special meetings when such is deemed necessary. This amendment also changes the quorum requirement to 50% of committee members.  The current requirement is for only 1/3 of the Voting Precinct officers to be present.

3.  EXECUTIVE COMMITTEE:  The Executive Committee shall meet as deemed necessary but not less than every six months.  Executive Committee meetings shall also be held at the request of the Party CHAIRPERSON, the Central Committee or any two (2) members of the Executive Committee.  A quorum shall consist of fifty (50) percent of the Committee members.

Commentary: The current Constitution provides that special meetings can be called only upon the call of the Chairman or two of the three committee members.  This amendment reduces that requirement to the call of any of the three committee members.

4.  STEERING COMMITTEE:  The Steering Committee shall meet as needed, but not less than quarterly.  Additional meetings shall be held at the call of the Party Chairperson or at the request of any 2 members of the Committee.  A quorum shall consist of a majority of Committee members.

Commentary: The current Constitution provides that Steering Committee special meetings can be called only upon the call of four committee members.  This amendment reduces that requirement to two.

5.  COUNTY DELEGATE COUNCIL (CDC):  (New) The CDC shall meet not less than annually at the Party’s regularly held Conventions.  Additional special meetings shall be held at the request of the Party Chairperson, upon resolution of the Central Committee, or at the request of ten (10) percent or more of the members of the Council.  A quorum shall consist of 40% of the CDC members.

D.  GENERAL MEETING PROVISIONS:  Meetings shall conform with the following:

1.  OTHER BUSINESS:  Business at the Organizing Convention, Nominating Convention, or any other meeting of the CDC or other permanent committees shall not be limited to agenda items only.  Non-agenda business may be conducted at any meeting upon motion of the Delegates or committee members as approved by majority vote. 

2.  ROBERTS RULES OF ORDER:  All conventions and Permanent Committee meetings shall be conducted using Robert’s Rules of Order as the procedural basis for the conduct of the meeting.

3.  MINUTES:  The Secretary/Treasurer shall keep accurate and detailed minutes of all conventions and meetings of the Party and its standing committees, which minutes shall annotate and memorialize the entire proceedings of all such meetings. In the absence of the attendance of the Secretary/Treasurer at any convention or committee meeting, by majority vote of a quorum of attendees entitled to vote thereat, an alternative minutes-keeper, as set forth in the Party’s By-Laws, may be appointed at conventions and meetings of the Party.  The minutes of each and every meeting shall printed and read for approval or correction at the next succeeding meeting of the Party or committee.  Once read and approved or approved as amended by majority vote of a quorum of attendees entitled to vote thereat, the minutes of the previous meeting shall be made a permanent part of the records of the Party.  Minutes of meetings shall be available for review by Party members except as to those matter that are legally deemed confidential.

4.  NOTICE:  Prior to any convention or permanent Committee meeting, The Party Chairperson shall give timely written prior notice, as provided in the By-laws, to all persons entitled to attend and vote at any convention or committee meeting of the Party and shall furnish a meeting agenda, including copies of any proposed Constitution or By-law amendments and any proposed resolutions to be considered thereat. 

5.  OPEN MEETING POLICY:  This Party shall have an “Open Door” meeting policy.  All Party conventions shall be conducted in full and open public view.  Permanent Committee meetings shall be open to attendance by any Party member.  Permanent Committee meetings may only be “closed” or conducted in “Executive Session,” when they deal with confidential party-employee personnel matters protected by State or federal privacy laws, when discussing confidential contract negotiation issues, when devising or designing confidential campaign strategies or plans, the nature or details of which would damage Party interests by their early or untimely disclosure, and during confidential hearings or deliberations of committee members in regard to removal from office of any Party Officer.  No official action of any Permanent Committee shall be taken in “closed session.”  Detailed minutes of all business conducted in closed session shall be taken and shall be maintained in the permanent records of the Party.  Any Party Officer subject to an action for removal from office shall have the right to receive notice of and to attend any Party meeting, hearing, or portion of Party Meeting or hearing at which suspension or removal from office against them is discussed.

Commentary: The general meeting provisions stated above provide a much more solid and predictable framework for the conduct of Party meetings than is provided in the current Constitution. 

Article VII – BY-LAWS

(Compare to Article VI of the current Constitution)

The Party’s By-Laws shall define responsibilities and establish specific policies and procedures not expressly set forth in this Constitution.  The provisions of the By-Laws shall be followed by all Party Officers, Delegates, and Permanent Committee members in the conduct of all Party business.  The By-Laws shall be in accordance with Law.  If any Article, term or provision of this Constitution or the By-Laws is found by a court of competent jurisdiction to be not in accordance with Law, such Article, term or provision shall be deemed to be amended so as to conform with applicable law.  In such case, the Central Committee shall formally amend language of this Constitution and/or the By-Laws to conform with Law and forward the same to the CDC for approval at the CDC’s next held noticed meeting.

Commentary: In the current Constitution the right to propose By-laws was restricted only to the Central Committee.  This amendment removes that restriction.

Article VIII – AMENDMENTS AND RESOLUTIONS (New)

A.      Any member in good standing of the Party may propose amendments to this Constitution, the By-Laws, or propose resolutions that establish or change Party policy.  Any such that are proposed by a Party Member shall be placed on the agenda of the next regularly held noticed meeting of the CDC and shall there be considered and acted upon.

1. Any amendment or resolution proposed by a rank and file member of the party shall be submitted in writing to any Party Officer or Delegate.  The Officer or Delegate shall immediately forward the same to the Secretary/Treasurer.  The Secretary/Treasurer shall enter a copy of the proposed amendment or resolution into the permanent records of the Party and shall cause the proposed amendment or resolution to be forwarded to the Central Committee and logged onto the agenda of the next noticed meeting of the CDC at which action can be properly taken upon the proposed amendment or resolution.

2. The deadline for submission of proposed amendments or resolutions by persons not elected to Party office shall be six (6) weeks prior to the date of any noticed meeting of the CDC.  The deadline for submission of proposed amendments or resolutions by any Party officer or permanent committee of the party shall be thirty days prior to the date of any noticed meeting of the CDC.

3. The text of any proposed amendment or resolution to be acted upon by the CDC shall be published and attached to the meeting notice and to the agenda of the meeting at which the proposed amendment or resolution will be considered.

B.  Nothing in this Constitution or the Party’s Bylaws shall be construed as prohibiting members of the CDC from proposing amendments or resolutions from the floor of any convention or noticed meeting of the CDC.

C.  Rules and limitations upon debate in regard to any proposed amendment or resolution before the CDC shall be set forth in the By-Laws.

D.   Approval of amendments to this constitution shall require a two-thirds (2/3) majority vote of the CDC.  Approval of proposed amendments to the By-Laws shall require a majority vote of the CDC.  Approval of any proposed resolution other than constitutional amendments shall require a majority vote of the CDC.

E.  All amendments and resolutions adopted by the CDC in accordance with Article VIII. (D) above shall take immediate effect.

Commentary: This new Article VIII codifies the right of the grass-roots membership, acting through their elected party Delegates, to have a say in the conduct and governance of their party.  The amendment provides a mechanism and procedure that will assure a “bottom-up” power structure rather than the current “top-down” scheme.  This amendment will stand as a bulwark against potential leadership abuse of power and empower our party membership to assure that this party always remains a party of the People, not an instrument of the leadership.