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Constitution and
Bylaws
of the Democratic Party of Anderson County, Tennessee
(Revised March 7, 1972)
Amended 2/14/1974, 11/29/1979, 5/20/1980, 8/25/1983, 9/21/1985,
7/10/1997, 9/2/1999, 3/31/2007
Substituted and adopted 9/21/1993, 10/25,1997, 10/16/1999, 4/7/2001
Article I. Name and Purpose
Section 1. The name of this
organization shall be the Anderson County Democratic Party.
Section 2. The purpose of this
organization shall be to promote the ideals and principles of the
Democratic Party and to aid in the election of Democrats and
Democratic nominees for public office.
Section 1. Eligibility. Membership is open to
all residents of Anderson County, Tennessee, who are registered to
vote.
Section 2. Nondiscrimination.
Membership in the Anderson County Democratic Party shall not be
denied because of race, color, sex, religion, age, disability, or
ethnic origin.
Article III. Powers and Responsibilities
Section 1. Governance. The governance and
direction of the affairs of the Anderson County Democratic Party
shall be vested in the Anderson County Executive Committee (the
‘Executive Committee’) and in officers of the Anderson County
Democratic Party, as hereinafter set forth in these bylaws, subject
to the laws of the State of Tennessee and such rules as may be
established by the Tennessee State Democratic Executive Committee.
Section 2. Party Responsibilities. The Anderson
County Democratic Party shall have the following responsibilities:
a. Planning and conducting all
county meetings, conventions, and fund-raising
activities
b. Keeping and maintaining records
of all Democratic Party meetings and business.
c. Supporting the duly selected
nominees of the Democratic Party.
Article IV. Executive Committee
Section 1. Membership. The Executive
Committee shall be composed as nearly as possible of equal numbers
of men and women elected at the subconvention (precinct caucuses) of
a biennial county convention described in Article VI, plus those who
become members pursuant to Article VIII, Section, 1, Officers.
Additionally, all Anderson County Democrats holding public office or
state party office, elected by popular vote at a municipal, county,
state, or national level shall be entitled to become members of the
Executive committee, as at-large members, during the tenure of their
office, provided that no person elected on an Independent ticket
shall be considered in this category. Elective offices such as, but
not limited to, City Councils, Boards of Education, County
Commissioners, and Constables, although not subject to the
Democratic Primary, shall not be considered as Independents for the
purpose of this section.
Section 2. Manner of Election. The Executive
Committee members shall be elected at the subconvention (precinct
caucuses) called for that purpose. The election shall be held in
odd-numbered years on a date recommended by the officers within the
timeframe specified by the Tennessee Democratic Party Executive
Committee.
Section 3. Resignations. The resignation of
any member of the Executive Committee shall be made in writing and
shall take effect at the time specified therein, or if no time is
specified, upon receipt of such resignation by the chair.
Section 4. Vacancies. A vacancy shall be
filled by nomination from the membership. Any vacancies occurring
in the Executive Committee may be filled by the affirmative vote of
a majority of the Executive Committee present at any regular
meeting, even though less than a quorum of the Executive Committee
is present. In the event of a vacancy, whether resulting from a
resignation, failure to meet an attendance requirement, or failure
of any precinct to elect its Executive Committee members, the
remaining Executive Committee members in attendance at any
subsequent meeting may fill those positions from members of the
Anderson County Democratic Party who reside in that precinct and who
meet the requirements of a duly elected member. Any person
nominated to fill a vacancy on the Executive Committee must be
present at the time of their election.
Section 5. Attendance. An officer or
precinct chair who does not attend a regular meeting for six (6)
months shall have his or her office declared vacant by the Executive
Committee chair. The individual in question may remain a member of
the Executive Committee. After the officer or precinct chair in
question has been absent for four (4) months, he or she shall be
notified at least fourteen (14) days before the next meeting and by
certified mail that such action is imminent. If the officer or
precinct chair still fails to meet the attendance requirement, the
position will be declared vacant without additional notice. The
vacancy shall be filled in accordance with Article IV, Section 4,
Vacancies.
If an officer or precinct chair has not met the attendance
requirements, he or she shall not be eligible for election as an
officer or precinct chair until the next County Convention.
Additionally, if an officer does not attend 50% of the regular
meetings during his or her two- (2-) year term, he or she shall not
be eligible for election as an officer at the next County
Convention.
Section 6. Manner of Acting.
The act of a majority of the Executive Committee members present
shall be the act of the Executive Committee, unless a greater number
be required by law or by these bylaws.
Section 7. Removal of Voting Status.
a. Notice and Opportunity To Be Heard. The Executive
Committee may vote to remove the voting
Rights of an Executive Committee member, but only if
all Executive Committee members, including the member in question,
are given a letter, enclosed in an envelope for confidentiality,
that specifies the reason for such action at least fourteen (14)
days prior to the meeting in which such action is to be voted. The
member in question must be given fourteen (14) days written notice
and an opportunity to be heard.
b. Reasons for Removal of Voting Rights. Reasons for
removal may include, but are not limited to, the
following: (i) qualifying for political office as an
Independent or representing any political party other than the
Democratic Party and opposing a duly qualified Democratic nominee;
or (ii) demonstrating disloyalty to the Democratic Party, either in
the form of a public announcement of support of a candidate of
another party in a pending election, or by working for or giving
financial support to any such candidate running against a duly
nominated candidate of the Democratic Party.
c. Majority Required for Removal of Voting Rights.
An
Executive Committee member shall not be denied voting rights
unless and until such a member is given an opportunity to be heard
and a three-fourths (3/4) majority of the Executive Committee
members present at the meeting vote for removal of his or her voting
rights.
Section 1. General. All meetings of the
Anderson County Democratic Party or of the Executive Committee shall
be well publicized through e-mail, postcard, or newsletter
notification sent to members at least fourteen (14) days prior to
the date of the meeting, and through notification to the public in
county-wide news media. All meetings shall be held at convenient
times and locations and shall be open to the general public and
media representatives (except where legal counsel otherwise
indicates need for a closed meeting).
Section 2. Regular Meetings. Regular meetings of
the Executive Committee shall be held monthly in an election year,
bimonthly in a nonelection year, or when called by the chair or
one-third (1/3) of the Executive Committee members.
Section 3. Quorum. Fifteen percent (15%)
of the members of the Executive Committee shall constitute a quorum
for the transaction of business at meetings of the Executive
Committee. If less than a quorum is present at a meeting, a
majority of the members present may adjourn the meeting.
Section 4. Convention Meeting. A regular meeting of
the Executive Committee shall be held without other notice than
these bylaws immediately after the convention, at the same meeting
place.
Article VI. Conduct of Convention
Section 1. Convention. The election of
Executive Committee members and chairs of the individual precincts
will be conducted at the biennial county convention of Anderson
County Democrats. The provisions for the holding of the county
convention shall be as follows:
a. The convention shall be well publicized in the local news media. At
least fourteen (14) days prior notice must be
given.
b. All members of the Anderson County Democratic Party who are
registered voters are invited to attend the convention and are
eligible to vote and to be candidates for the Executive Committee
after attesting they are bona fide Democrats by execution of
affidavits or affirmations to that effect.
c. The convention shall be called to order by the incumbent chair of
the Anderson County Democratic Executive
Committee. Attendees from each precinct will caucus separately as subconventions. In each subconvention, a chair shall be duly
elected and the chair shall then call for nominations for each
Executive Committee position. Separate elections shall be held for
each Executive Committee position. Each precinct may elect one
alternate for each Executive Committee position. A nominee must be
present at the County Convention to be elected at the convention as
an Executive Committee member or alternate. If there are vacancies
in any precinct after the County Convention, those who were unable
to attend may be elected at a subsequent Executive Committee in
accordance with Article IV, Section 4, Vacancies and Article VI,
Section 1(b). Each precinct shall be entitled to elect one
Executive Committee member for each twenty-five votes, or major
fraction thereof, cast in that precinct for the Democratic
candidate in the last gubernatorial election. These
positions shall be divided as evenly as possible between males
and females. A plurality shall prevail for each election.
d. After nominations cease, the ballot is closed and the elections
shall commence. Upon the Completion of the
election of the appropriate number of Executive Committee members
and alternates who have been elected from that precinct, the
convention shall reassemble and each precinct shall report the
Executive Committee members who have been elected from that
precinct. The convention shall then adjourn, and a meeting of the
newly elected Executive Committee shall begin.
Section 1. No Proxies Allowed. No proxy shall be
allowed at any meeting of the Executive Committee.
Section 2. Unit Rule. No voting by the unit
rule shall be allowed at any meeting of the Executive Committee.
Section 1. Officers. The officers of the
Anderson County Democratic Party shall be chair, immediate
past-chair, 1st vice-chair, 2nd vice-chair,
recording secretary, corresponding secretary, newsletter editor, and
treasurer, all of whom shall be elected by the Anderson County
Executive Committee for a two- (2-) year term, or until their
successors are duly elected and qualified. No officer may be
elected to more than two consecutive two-year terms.
Section 2. Election of Officers. The officers shall be
elected by a simple majority of the members of the Anderson County
Democratic Executive Committee present at the meeting held
immediately following the convention. In the even a majority is not
achieved, a runoff election shall be held until a majority prevails
with the person receiving the lowest vote being dropped from the
next ballot. A complete list of all officers and Executive
Committee members shall be forwarded to the Chair of the Tennessee
Democratic Party within ten (10) days after their election and such
list shall be available to any Executive Committee member.
Section 3. Vacancies. Vacancies in any
office for any reason may be filled, in accordance with Article IV,
Section 4, Vacancies, by the Executive Committee for the
unexpired portion of the term.
Section 4. Chair. The chair shall
preside over any convention which may be called and over the
meetings of the Executive Committee. He or she shall perform all
duties incident to the office of chair and such other duties as may
be prescribed by the Executive Committee members from time to time.
The chair shall be an ex-officio member of all committees.
Section 5. Immediate Past Chair. The past chair shall
perform ad hoc assignments and assist the chair as needed to ensure
a smooth transition in leadership and continuity of purpose.
Section 6. 1st Vice-Chair. If the
chair-elect resides in a precinct outside the City of Oak Ridge, the
1st vice-chair shall be elected from a precinct inside
the City of Oak Ridge. If the chair-elect is from a precinct inside
the City of Oak Ridge, the 1st vice-chair shall be
elected from a precinct outside the City of Oak Ridge. In the
absence of the chair or in the even of his or her death or inability
or refusal to act, the 1st vice-chair shall perform the
duties of the chair and, in so acting, shall have all the powers of,
and be subject to all the restrictions on, the chair. He or she
shall perform all duties incident to the office of vice-chair and
such other duties as may be assigned to him or her by the chair or
by the Executive Committee.
Section 7. 2nd Vice-Chair. The 2nd
vice-chair shall be elected from the same city/county area as the
chair-elect. The 2nd vice-chair shall assume the duties
of the chair in the absence of both the chair and the 1st
vice-chair.
Section 8. Recording Secretary. The recording
secretary shall:
a. keep the minutes of the Executive Committee, including attendance records for the
officers and precinct
chairs;
b. keep the minutes of any conventions which may be held;
c. be custodian of the records of the Executive Committee;
d. keep membership records and have general charge of membership books
of the Executive Committee; and
e. perform all duties incident to the office of recording secretary and
such other duties as from time to time may be assigned to him or her
by the chair or by the Executive Committee, or which may be required
by law.
Section 9.
Corresponding Secretary. The corresponding secretary shall:
a. see that all notices are duly given in accordance with the provision
of law and these bylaws;
b. maintain copies of all correspondence received or sent;
c. and prepare correspondence for signature of the appropriate officer
or Executive Committee member as directed by the chair.
Section 10. Newsletter Editor.
The newsletter editor
shall prepare and send the newsletter, ensuring that it is mailed in
time to give adequate notice, in accordance with these bylaws, or
regular meetings or other meetings, as directed by the chair. The
newsletter editor will maintain the mail permit and ensure that the
renewal fee is paid on a timely basis.
Section 11. Treasurer. The treasurer shall:
a. have charge and custody of, and be responsible for, all funds and
securities of the
Party from any source
whatsoever and deposit all such monies in the name of the Anderson
county Democratic Executive Committee in such bank or other
depositories as shall be selected in accordance with the provisions
of these bylaws;
b. keep and maintain, open to inspection by any member of the Executive
Committee, at
all reasonable times,
adequate or current accounts of the funds and transactions of the
Executive Committee, which shall include all matters required by
law;
c. disburse the funds of the executive Committee as ordered by the
Executive Committee;
d. present an itemized written statement of income and expenditures and
the current financial condition of the Executive Committee to
members at each regularly scheduled meeting or any other meeting as
requested by the Chair or the Executive Committee;
e. perform all of the duties incident to the office of treasurer; and
f. if required by the Executive Committee, give a bond, to be paid for
by the Executive Committee, for the faithful discharge of his or her
duties, in such sum and with such corporate surety or sureties as
the Executive Committee shall determine.
Section 12. Officers Must Support Nominees of the
Democratic Party. No person shall be an
officer or member of the Executive Committee who does not support
nominees of the Democratic Party. Failure to support the nominees
of the Democratic Party shall be cause for removal from office. Any
removal shall be in accordance with Article IV, Section 7. However,
no officer, or
member of the
Executive Committee, or member of the Democratic Party is obligated
to support a candidate who was affiliated with another party, or ran
as an Independent, or refuses to execute an affidavit in accordance
with Article VI, Section 1(b).
Section 13. Resignations. The resignation of
any officer of the Executive Committee shall be made in writing and
shall take effect at the time specified therein, or if no time is
specified, then it shall take effect upon receipt of such
resignation by the chair.
Article IX.
Committees and Duties
Section 1. Committees Appointed by Chair. The chair may
establish committees, to be composed solely of Executive Committee
members. Each committee shall provide a written report to the
officers and to the Executive Committee as a whole. The permanent
committees of the Executive Committee shall be as follows:
a. Resolutions,
b. Political,
c. Budget,
d. Publicity,
e. Rules,
f. Social,
g. Ways and Means, and
h. Audit.
Section 2. Duties of Committees.
a. The Resolutions Committee will consist of five (5) Executive
Committee members ‘
appointed by the
party chair. The Resolutions Committee will serve at the pleasure
of the chair and officers and at the direction of the Executive
Committee. The purpose of the Resolutions Committee is to receive
proposed resolutions referred to it by the Executive Committee and
to develop a final draft resolution to be resubmitted to the
Executive Committee for final approval. Upon final approval by the
Executive Committee, the Resolutions Committee shall forward the
resolution in its final form to the appropriate officials as
directed by the resolution.
b. The Political Committee is charged with formulating and implementing
strategy for the
election to office of
Executive Committee nominees for public office. It shall maintain a
comprehensive file of Democratic voters of Anderson County. It
shall take no action in primary elections.
c. The Publicity Committee under the direction of the officers and the
Executive Committee shall be responsible for obtaining newspaper,
radio, and television publicity for the Democratic Party and its
candidates.
d. The Rules Committee shall study the bylaws and at the direction of
the Executive
Committee or upon the
request of five (5) or more Executive Committee members or of
twenty-five or more voting Anderson County Democrats shall consider
proposals for their amendment. The Rules Committee chair, or a
member of the committee designated by the committee chair, with the
approval of the chair of the Executive Committee, shall act as
parliamentarian of the Executive Committee in accordance with
Robert’s Rules of Order, Newly Revised.
e. The Social Committee shall plan and arrange for Party functions with
approval of the
Executive Committee.
f. The Ways and Means Committee shall work with the treasurer and plan
such fundraising
activities deemed
necessary.
g. The Budget Committee shall prepare a budget of anticipated
expenditures for the
upcoming year and
submit it at the January meeting for approval of the Executive
Committee.
h. The Audit Committee shall audit the books of the Party no later than
January 31st of each year and report to the Executive
Committee at the next regular meeting. Additional special audits
may be required by the chair. The Audit Committee shall establish a
set of financial procedures to be reviewed and approved by the
Executive Committee.
Article X. Conduct of Business at Meetings
Section 1. The regular order of
business at Executive Committee meetings shall be as follows:
a. Call to Order
b. Pledge to the Flag,
c. Roll Call,
d. Minutes of Previous Meeting,
e. Treasurer’s Report,
f. Resolutions,
g. Announcements,
h. Old Business,
i. New Business,
j. Elections,
k. Adjournment.
Section 1.
a. All proposed resolutions shall be submitted to the party chair in
writing at least thirty
Days prior to a
scheduled Executive Committee meeting in order to be placed on the
meeting agenda.
b. Upon receipt, the chair shall present the proposed resolution to the
officers of the
Executive Committee
for review and consideration. The officers shall then submit the
proposed resolution to the Executive Committee with their
recommendation to approve or not approve. The recommendation from
the officers must be in the form of a motion to either approve or
not approve, and such a motion shall follow the standard rules of
procedure as set forth in Robert’s Rules of Order.
c. Upon approval by a simple majority vote, the draft of the resolution
shall be
forwarded to the
Resolutions Committee as set forth in Article IX, Section 2,
subsection (a). The final draft of the resolution shall be
presented by the Resolutions Committee to the Executive Committee at
the next scheduled Executive Committee meeting for final approval.
d. All proposed resolutions shall state the purpose of the resolution
and give instruction
as to where the
resolution shall be forwarded.
e. Resolutions which are not presented to
the party chair at least thirty (30) days prior to a scheduled Executive Committee
meeting may be presented to the Executive Committee for consideration but shall
require a 2/3 majority vote of those members Present to be placed on the meeting
agenda.
Article XII.
Parliamentary Procedures
Section1. The current edition
of Robert’s Rules of Order, Newly Revised shall govern meetings of
the Executive Committee in all cases to which they are applicable
and in which they are not inconsistent with these bylaws and any
special rules of order which may be adopted.
Section 1. These bylaws may be
amended or substituted by a two-thirds (2/3) vote of the members of
the Executive Committee in session at any meeting of the Executive
Committee called for that purpose, or any regular meeting of the
Executive Committee for which a rules change has been published
fourteen (14) days in advance and announced as an item on the agenda
of the meeting so advertised. Article XIV. Contracts and Expenditures
Section 1. Contracts, Expenditures, Bill Retention.
No expenditures or bills shall be made or contracts
entered into which obligate the Executive Committee unless such
expenditures or contracts are authorized by a majority vote of those
present at a duly called meeting at which a quorum is present,
except those expenditures for not more than two-hundred fifty
dollars ($250.00) obligating the Executive Committee may be
authorized by the chair of the Executive Committee. Expenditures
for not more than five-hundred dollars ($500.00) may be made by the
chair with the simple majority approval of the Executive Committee
officers between Executive Committee meetings when it is not
practical to delay until the next Executive Committee meeting. The
chair shall report the reason for the expenditure at the next
Executive Committee meeting. All paid bills shall be retained by
the treasurer for a period of six (6) years. All expense items or
bills incurred on behalf of the Executive Committee shall be
reported, together with verification, to the treasurer within thirty
(30) days from the date on which said expense or bill is incurred.
The treasurer shall pay said expense or bill as soon as
practicable. The time set out herein may be waived for good cause
shown.
Section 2. Audits. Auditors shall be
designated by the Executive Committee, who shall audit and examine
the books of account of the Anderson County Democratic Party and
shall certify to the Executive Committee the annual balances of the
books which shall be prepared at the close of the fiscal year, by,
or under the direction of, the treasurer.
Section 1. The Anderson County
Democratic Party is a constituent part of the Tennessee Democratic
Party. State Party rules take precedence over the bylaws of the
Anderson County Democratic Party.
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