
01/29/10 UPDATE (rev 01) TO CALL TO 2009 REFORM PARTY OF THE UNITED STATES OF AMERICA (RPUSA) NATIONAL CONVENTION (rev 03)
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Begin 01/29/10 UPDATE (rev 01)
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01/29/10 Re-Convening Notice:
Adopted National Committee Motion 01/29/10 #4.B , 4.C directing re-convening of National Convention per stated terms is below.
Note 1: Terms and conditions adopted at 12/19/09 National Committee and 12/19/09 National Convention apply and are included by reference collectively and severably.
Note 2: NYED Case #2:09-cv-02218 is subject to active appeal in the 2nd Circuit Court of Appeals which has now been assigned Case #10-0293
Note 3: Prior Convention Call Notice as referenced is included in full below the update.
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Begin National Committee Motion 01/29/10 #4.B , 4.C
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Text:
The National Committee adopts the 1/28/10 Credential Report (A-C), the National Committee voting list is updated accordingly, and the website is directed to be updated to reflect Part B.
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Begin 1/28/10 Credentials Committee Report as Adopted
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Credentials Committee 1/28/10 Report (A-C)
[SNIP Part A redacted]
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B. The Report on Convention Continuation Date is adopted as follows and submitted to the National Committee for approval:
The 12/19/09 National Convention is re-convened immediately and will proceed and conclude by email and / or regular mail. Ballots will be transmitted to Registered Delegates by the Credentials Chair or his representative (by email or otherwise). Rules and procedures (including adjudication) may be supplemented and defined by the Credentials Committee as needed. There will be Officer nominations, followed by a voting ballot, followed by an optional run off ballot. Additional Delegate Credentialing is permitted but documentation must be submitted to the Credentials Committee prior to Feb 5, 2010. (See initial Convention notice for additional applicable information).
The Convention will proceed in 3 sequential PARTS which will be addressed by ballot (or email) as follows:
PART 1
a. Nomination of Officers shall occur first, during a 1 week period, beginning Feb 6, 2010 eastern closing Feb 12, 2010 pacific by submission to a valid Party email Reflector directly or by surrogate.
PART 2
b. Voting by Ballot will occur next. The period and items to be included are as follows.
c. Voting shall occur, during the 1 week period beginning Feb 13, 2010 eastern closing Feb 19, 2010 pacific time.
d. Voting on Officers (majority required).
e. Voting on the Constitutional Amendments submitted Part A only (not Part B, see Summary below) as a package (yes / no / abstain) as posted with the original Convention Notice (2/3 vote required for passage).
f. Voting for either i) Waive action on other agenda items and Adjourn the Convention or ii) Adjourn the Convention to an additional in person / teleconference date and time to conduct business at a date and location and terms determined by the National Committee
PART 3
OFFICER RUNOFF Additional Ballot if required
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Convention Note: Terms and conditions adopted at 12/19/09 National Committee and 12/19/09 National Convention apply and are included by reference collectively and severably.
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Summary of Constitutional Amendments Part A Previously Submitted to be voted on as a package PART 2
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1.
Summary: Article 4.1, 3.2
National Committee also governs Reform Party
2.
Summary: Article 13
Restate Constitutional Amendment Process, Allow for National Committee Constitutional Amendments
3.
Summary: Article 8.4
National Officers Carryover to prevent vacancies
4.
Summary: Article 8.3, 9.8.a
Relax National Officers Requirements
5.
Summary: Article 8.1.a, 8.1.b
Special and Sub-Committees Dissolution
6.
Summary: Article 4.1.i, 4.1.j, 4.1.k
National Committee modification of Platform and Statement of Principles
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Summary of Constitutional Amendments Part A Previously Submitted to be voted on as a package PART 2
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C. Terms and conditions adopted at 12/19/09 National Committee and 12/19/09 National Convention apply and are included by reference collectively and severably.
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End 1/28/10 Credentials Committee Report as Adopted
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End National Committee Motion 01/29/10 #4.B , 4.C
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End 01/29/10 UPDATE
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CALL TO 2009 REFORM PARTY OF THE UNITED STATES OF AMERICA (RPUSA) NATIONAL CONVENTION (rev 03)
(This call will also be posted on the RPUSA website and all RPUSA Reflectors.)
RPUSA CONVENTION DELEGATES, NATIONAL COMMITTEE MEMBERS AND STATE PARTY LEADERS AND MEMBERS AND FRIENDS:
CALL TO 2009 RPUSA NATIONAL CONVENTION
Please join us for the 2009 National Convention of the Reform Party of the United States of America to be held:
Saturday December 19, 2009 – Sunday December 20, 2009 ( Sun if needed)
(Pre convention activities on Friday December 18)
Opening Gavel 5 pm eastern Saturday December19
at:
638 Elm St, Monroe CT 06468
or in the event a substitute physical location becomes necessary in Connecticut, the exact substitute location site will be displayed in a prominent notice at the original location site at least 4 hours before the listed opening gavel of the Convention and any such substitute site will also be in the Connecticut Area within 20 miles of the stated original location.
The Convention once convened may be adjourned or recessed to continuation location(s) and/or concurrent location(s).
Only properly Registered Valid RPUSA Delegates will be authorized to fully participate and vote at this 2009 RPUSA Convention.
As no State Party Organizations ("SPOs") have submitted delegate lists to date, this information is being sent to each State Party Organization (all known SPOs and National Committee Members) who have maintained information on file.
In the event an SPO does not have a valid email address, the information has been sent via USPS where contact information has been supplied.
Only properly authorized Valid Delegates who have submitted the proper documentation and Registered for dial-in access are authorized to participate fully telephonically ("Valid Telephonic Delegates"), any others are required to attend in person. The documentation requirements for Telephonic Delegates may exceed those for in person Delegates to ensure the integrity of the Convention.
Telephonic participation in this Convention has been authorized by the RPUSA National Committee and will be allowed for Valid Telephonic Delegates. Any participation by phone is done with an absolute waiver by the Valid Telephonic Delegate of any implied right to continuous uninterrupted participation as no guarantee of continuous and uninterrupted phone service are made. Efforts will be made to ensure adequate phone service; however, the Convention will not be delayed due to individual phone problems and if uninterrupted continuous participation is a requirement for any individual, in person attendance is called for. Participation by phone is a waiver of recourse regarding any technical connection issue and a waiver of any expectation of voting privacy or secret ballot.
The dial in and access codes for Valid Telephonic Delegates are available only upon proper validation of Telephonic Delegates. Prospective Telephonic Delegates must formally contact the Party Credentials Committee at 702-437-2711 or 203-268-7379 or 516-342-7696 to initiate the Telephonic Delegate process to receive the Telephonic Dial In Number(s) and Access Codes. Telephonic Delegates must initiate this process no later than December 12, 2009 12 noon eastern time and request and receive an initial Telephonic Application Number and all final paperwork must be received by the RPUSA Credentials Committee or RPUSA Secretary no later than December 15, 2009 12 noon eastern to ensure potential telephonic access. Exceptions after these dates and times can not be assured.
Later potential Convention Delegate applicants should plan on in-person attendance.
Additional arrangements may become available for restricted participation telephonically or in-person limited participation for non-Delegates, guests and observers, as may be permitted by Party procedures but each is without any guarantee.
On Site Information: 203-268-7379, 212-249-4693
Telephonic Delegates: 702-437-2711, 212-249-4693, 203-268-7379, 516-342-7696
Non-Delegates, Guests: 212-249-4693, 702-437-2711, 203-268-7379, 516-342-7696
Local Hotel Information: 203-268-7379
Credentialing of on site Convention Delegates will be conducted on site on Friday December 19 and Saturday morning before 11am eastern.
Enclosed is a copy of the proposed agenda and proposed Constitutional amendments.
The agenda and stated times are subject to change and convention approval as are speaker times and slots.
Please check frequently the 2009 Convention page on the RPUSA Website at www.reformpartyusa. org or www.reformpartyusa. net or an alternate website address as specified from one of the information numbers above. Additional reports and information regarding the Convention will be posted there as they are made available.
I look forward to meeting and visiting with the many wonderful Reform Party members across the country who are dedicated to reforming our government and returning to the ideals expressed in the United States Constitution.
Very Truly Yours,
Bobby Kalotee, RPUSA Chair
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Important Legal Notices:
1) Participation by phone or in person is agreement and stipulation to having and allowing for the recording, both video and audio, of all conversation and Convention participation.
2) The Convention is officially being conducted at the physical site in Connecticut and participation by phone is consent and stipulation to the Convention site location being Connecticut ; otherwise, please attend in person.
3) Receipt of this notice is not an acknowledgment of entitlement to RPUSA Delegate status or Convention participation and each remains subject to the proper RPUSA Credentialing process. Guests, Observers, Unaffiliated Organizations, Suspended State Party Organizations and Suspended or Expelled Individuals are not entitled to any participation until and unless properly authorized and participation may be restricted.
4) All times listed are eastern time.
5) RPUSA is not responsible for individual phone costs and phone participates are advised to make arrangements well in advance to reduce phone costs.
6) Receipt or receipt and acceptance of this notice are stipulation to New York Jurisdiction and Venue for any legal matter relating to this Convention.
7) Participation by phone is a waiver of recourse regarding any technical connection issue and a waiver of any expectation of voting privacy or secret ballot or other Convention adopted rules regarding phone participation. Additional Convention rules will govern any issues regarding phone participation and voting are binding on phone participants.
8) Any failure to have provided current and accurate email and address information to the RPUSA Secretary and RPUSA Credentials Committee and any resulting notification issue rests solely with the receiving party and is a implied waiver of any expectation or right to timely notice.
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2009 National Convention Agenda (Proposed all times eastern)
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Friday, December 18, 2009
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(Pre Convention Business)
4pm-7pm Delegate Registration (Credentials Committee)
7pm - reception
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Saturday, December 19, 2009
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9am-11am Delegate Registration (Credentials Committee)
11am 5pm Telephonic Hookup Testing
5pm Convention Called to Order
Chairman Welcome
Credentials Report from RPUSA Credentials Committee
Telephonic Delegates Additional Credentialing
Convention Rules including
Convention telephonic rules as approved by National Committee
Convention Agenda
Election of RPUSA Officers
Consideration of Suspensions of State Party Organizations and Removal of Official Recognition of SPO status and substitutions and Re Organizing SPOs
Consideration of granting of Official Recognition of SPO's where vacancies exist and for Re Organizing SPOs
Consideration of Constitutional Amendments and or bylaws noticed
Resolutions
Platform
Consideration of 2010 Convention Site or Deference to National Committee
Additional Committee Reports
Legal Report
Additional Business
Adjournment (after 6pm)
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SUNDAY, December 20 2009 (Possible carryover from Saturday)
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9am - Call to Order
Finish Saturday Business and Adjournment
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* All schedule is subject to change by vote of the Convention except for start time
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Any additional Proposals requiring previous notice will be forwarded shortly, in accordance with the RPUSA Constitution.
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The following are Proposed as Bylaws and/or Constitutional Amendments (to be numbered/re- numbered properly, as determined by the National Convention): (National Committee special rules and nominating rules are pasted below)
Special Rules adopted by the National Committee (to be considered for Constitutional amendment or Bylaws, as appropriate)
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CONSTITUTIONAL AND BYLAW CHANGES:
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Proposed Constitutional Changes previously submitted and not acted on, submitted since, and updated for 2009 Consideration: Part A and Part B (to be referenced as A.x or B.x )
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PART A
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Index to Motions PART A, Summary (Purport)
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Preamble (see below)
Applies to each motion unless otherwise stated
1.
Summary:
Article 4.1, 3.2
National Committee also governs Reform Party
2.
Summary:
Article 13
Restate Constitutional Amendment Process, Allow for
National Committee Constitutional Amendments
3.
Summary:
Article 8.4
National Officers Carryover to prevent vacancies
4.
Summary:
Article 8.3, 9.8.a
Relax National Officers Requirements
5.
Summary:
Article 8.1.a, 8.1.b
Special and Sub-Committees Dissolution
6.
Summary:
Article 4.1.i, 4.1.j, 4.1.k
National Committee modification of
Platform and Statement of Principles
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PREAMBLE
Each Motion shall have the following preamble where the notation
[Insert Preamble]
is used.
Preamble:
The Convention adopts the following RPUSA Constitutional amendment, which shall be effective at the close of this Convention and may be renumbered and spelling corrected by majority vote approval of the National Committee if needed. Amendments shall be allowed to this Constitutional amendment in accordance with 2008 Article 13.3 which states "Section 3. Motions to amend Constitutional amendments, during the Convention, shall be in order to the extent they do not expand the topic significantly. " The headings "Topic" or "Summary" or "Title" when included in the noticed text submitted with the noticed motion define the 2008 Article 13.3 limitations.
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PART A
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1.
Summary:
Article 4.1, 3.2
National Committee also governs Reform
Party
Motion:
[Insert Preamble]
Replace Articles 4.1
and 3.2 as follow:
OLD: (4.1)
Section 1. The National
Committee shall be responsible for the conducting of the business and
affairs of the Reform Party between sessions of the National
Convention.
Such responsibilities shall include:
NEW:
(4.1)
Section 1. The National Committee shall be responsible for
the governance of the Reform Party and for conducting of the business
and affairs of the Reform Party between sessions of the National
Convention. Such responsibilities shall include:
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OLD:
(3.2)
Section 2. The National Convention shall be responsible for
the governance of the Reform Party, and for providing for the
fulfillment of the Object of the Reform Party.
NEW:
(3.2)
Section 2. The National Convention shall share with the
National Committee the responsibility for the governance of the
Reform Party, and for providing for the fulfillment of the Object of
the Reform Party.
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2.
Summary:
Article 13
Restate Constitutional Amendment Process, Allow for
National Committee Constitutional Amendments
Motion:
[Insert
Preamble]
Replace Article 13 as follows:
Old:
ARTICLE
XIII - Amendment
Section 1. This Constitution may only be amended
by a two-thirds vote of the National Convention provided that thirty
(30) days previous notice and a precise written copy of the motion to
amend this Constitution is sent to each registered Delegate.
Section
2. Previous notice of Constitutional amendments are considered given
as of the time they are sent. Previous notice of these amendments may
be given in a manner which is easily accessible to all Delegates and
SPO members, and may include electronically, by postal mail, or
posted to a forum.
Section
3. Motions to amend Constitutional amendments, during the Convention,
shall be in order to the extent they do not expand the topic
significantly.
New:
ARTICLE XIII - Amendment
Section 1.
This Constitution may only be amended by either:
a) a
two-thirds vote of the National Convention with at least thirty (30)
days previous notice of intent to amend and a precise written copy of
the amendment included with the Convention notice. Delegates
registering inside the 30 days not otherwise entitled to notice of
Convention, waive 30 day notice rights; or,
b)First, A
three-quarters vote of the National Committee at a valid and quorumed
National Committee meeting provided that at least thirty (30) days
previous notice of intent to amend with a precise written copy of the
amendment is provided in a valid National Committee meeting Notice.
Second, After submission of the amendment to the National Committee and prior to any vote on this matter in the National Committee a general meeting, with 14 days previous notice, will be held where all Members (in good standing) of valid SPO’s (not suspended) will be allowed to participate and voice their opinions regarding the proposed Amendment.
Third, changes suggested from this general meeting will be posted in the same manner as a National Committee Meeting Notice for at least 14 days before consideration by the National Committee of the amendment itself.
Fourth, Prior to any final National Committee adoption (not including ratification), the amendment is subject to proper amendment modifications, as allowed for amendments herein, over one or more National Committee meetings, with such meetings being called with standard proper National Committee notice (in the case of subsequent meetings), but with the requirement that the amendment text as modified must be in each such additional subsequent meeting notice.
Fifth, the amendment, upon adoption by National Committee does not become effective until ratified by a three-quarters vote of the National Committee at a valid and quorumed National Committee meeting with at least fourteen(14) days previous notice of intent to ratify the amendment with a precise written copy of the amendment provided in a valid National Committee meeting notice. Amendments to the amendment under consideration for ratification are not allowed. The amendment process must be restarted if the Amendment is not ratified within 180 days of initial adoption by the National Committee.
Section
2. Previous notice of Constitutional amendments are considered given
as of the time they
are sent without consideration or encumberment
as to actual receipt. Previous notice of these amendments shall
be given :
a)
for Conventions as part of a valid authorized timely Convention
Notice; and
b)
for National Committee meetings in the manner as required for
standard National Committee meeting notices but with additional
constraints as may be enumerated and required for Constitutional
Amendments by the National Committee.
Section 3. Motions to
amend Constitutional amendments, during the corresponding Convention
or National Committee Meeting, shall be in order to the extent they
do not expand the topic significantly.
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3.
Summary:
Article 8.4
National Officers Carryover to prevent
vacancies
Motion:
[Insert Preamble]
Append Article
8.4 as follows:
OLD:
Section 4. Each National Officer's
term of office shall be two years. Each National Officer's term shall
begin on the first day of January in each even numbered calendar
year. No National Officer shall serve in the same National Office for
more than three consecutive terms. No person shall serve as a
National Officer for more than six consecutive terms.
NEW:
(APPEND the following)
Officer terms, for an Officer not otherwise
removed, carryover until a valid successor assumes the office in the
event the Office would otherwise go vacant. The new term is not
extended due to any carryover.
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4.
Summary:
Article 8.3, 9.8.a
Relax National Officers
Requirements
MOTION:
[Insert Preamble]
Replace
Articles 8.3 and 9.8.a as follows:
OLD: (8.3)
Each National
Officer shall be elected by majority vote of the registered Delegates
at the National Convention. Each National Officer shall be elected by
written ballot. National Officers shall be Party Members but need not
be National Committee Members or National Convention Delegates to be
eligible for election as a National Officer. Nominations shall be
accepted from the floor when made by any registered Delegate.
National Officer elections shall be held in each odd numbered
year.
NEW: (8.3)
Each National Officer shall be elected by
majority vote of the registered Delegates at the National Convention.
Each National Officer shall be elected by written ballot. National
Officers shall be Party Members but this is only required in states
with SPOs in good standing (SPO not suspended), and they need not be
National Committee Members or National Convention Delegates to be
eligible for election as a National Officer. Nominations shall be
accepted from the floor when made by any registered Delegate.
National Officer elections shall be held in each odd numbered
year.
OLD: (9.8.a)
a) a Member of a State Party
Organization which has been granted Provisional Recognition shall not
be eligible to be elected as a National Officer.
NEW:
(9.8.a)
strike 9.8.a and renumber 9.8.b to 9.8.a
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5.
Summary:
Article 8.1.a, 8.1.b
Special and Sub-Committees
Dissolution
MOTION:
[Insert Preamble]
Replace
Articles 8.1.a and 8.1.b as follows:
OLD:
Section 1.
Special Committees and Sub-Committees
a) Special Committees
may be established for specific purposes by action of the National
Party Chair or by majority vote of the National Committee or National
Convention. The Chair of any Special Committee shall be appointed by
the establishing entity or the National Party Chair if none is
otherwise appointed. Special Committees exist at the pleasure of the
National Party Chair and at the pleasure of the National Committee
and may be dissolved by either. Special Committee Chairs may be
removed without cause by the National Chair or by a 3/5 (60%) vote by
roll call of the Members of the National Committee in any meeting
where 30 days previous notice of intent to remove is given.
Participation via telephone conference must be allowed for votes by
the RPUSA National Committee in this removal matter.
b)
Sub-Committees to any existing Committee may be established for
specific purposes by action of the parent Committee Chair or the
parent Committee. The Chair of any Sub-Committee shall be appointed
by establishing entity or the parent Committee Chair if none is
otherwise appointed. Sub-Committees exist at the pleasure of the
parent Committee Chair and the parent Committee and may be dissolved
by either.
NEW:
Section 1. Special Committees and
Sub-Committees
a) Special Committees may be established for
specific purposes by action of the National Party Chair or by
majority vote of the National Committee or National Convention. The
Chair of any Special Committee shall be appointed by the establishing
entity or the National Party Chair if none is otherwise appointed.
Special Committees exist at the pleasure of the the establishing
entity and of the National Committee and may be dissolved by
either.
Special Committee Chairs may be removed without cause
by the National Chair or by a 3/5 (60%) vote by roll call of the
Members of the National Committee in any meeting where 30 days
previous notice of intent to remove is given. Participation via
telephone conference must be allowed for votes by the RPUSA National
Committee in this removal matter.
b) Sub-Committees to any
existing Committee may be established for specific purposes by action
of the parent Committee Chair or the parent Committee. The Chair of
any Sub-Committee shall be appointed by establishing entity or the
parent Committee Chair if none is otherwise appointed.
Sub-Committees exist at the pleasure of their establishing entity and
of the parent Committee and may be dissolved by either.
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6.
Summary:
Article 4.1.i, 4.1.j, 4.1.k
National Committee modification of
Platform and Statement of Principles
MOTION:
[Insert
Preamble]
Change Article 4.1.i to 4.1.k and add 4.1.i and
4.1.j as follows:
NEW:
i) adopt, amend (including
revisions) a national Reform Party platform by three quarters vote of
the National Committee under otherwise the same terms as specified
for Constitutional Amendments by the National Committee, and
j)
adopt, amend (including revisions) a national Statement of Principles
by three quarters vote of the National Committee under otherwise the
same terms as specified for Constitutional Amendments by the National
Committee, and
k) all other actions appropriate or necessary
to carry out the provisions of this
Constitution and the Bylaws
and carry on the successful operation of the Reform Party.
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PART B (not taken up in 2005, 2008 - applicable portions)
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The following are Proposed as Bylaws and/or Constitutional Amendments (to be numbered/re- numbered properly, as determined by the National Convention): (National Committee special rules and nominating rules are pasted below)
Special Rules adopted by the National Committee (to be considered for Constitutional amendment or Bylaws, as appropriate)
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*1*
The following shall be added as a special rule of order of the National Committee and may be modified or repealed by a vote of the majority of the entire National Committee.
National Committee Members and guests, having obtained the floor, shall be limited to a maximum of two minutes per speech per floor assignment.
(adopted 9 November 2003)
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*2*
The National Committee adopts the following special rule of order:
1. By majority vote, the Previous Question may be ordered in any meeting forum; however, the chair shall never entertain the motion for the Previous Question if any of the following conditions apply:
a. If an amount of time has been specified for debate on a main motion (including primary and secondary amendments thereto), and that time has not expired.
b. If no time limit was specified for debate on a motion and if a reasonable opportunity for debate (on debatable motions) has not occurred, including at least 3 speeches for and 3 speeches against the motion.
c. If anyone with a right to speak in debate and wishing to speak to the motion has not had an opportunity to speak once to the motion.
2. All motions subject to a vote shall be debatable except the previous question and extending or limiting debate.
(adopted 30 December 2003)
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*3*
The National Committee adopts the following special rule of order:
The motion for Division of the Question (or "to Divide the Question") or any request to debate and vote separately on a motion of several parts each of which is capable of standing as a complete proposition shall require in all cases a majority vote.
(adopted 30 December 2003)
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*4*
The National Committee adopts the following special rules of order:
[2] A roll call vote shall occur upon the request of the lesser of either
a. 7 members, or
b. 25% of the quorum as established for the meeting.
If a roll call vote is not taken, a member's individual vote shall be recorded into the minutes upon request of the member.
[4] The adopted agenda may be modified by a majority vote. This shall be by a motion to suspend the rules for the purpose of modifying the agenda.
[5] Adjournment shall be by vote only. An adjournment, by itself, shall not terminate a session unless so stated in the adjournment motion.
[6] For a pending motion, only one secondary amendment may be offered by a given member per meeting; however, there remains no limit on primary amendments.
[7] Time allocated for debate for a given motion (including primary and secondary amendments thereto) , may be set or extended by a majority vote, but a 2/3 vote is required to limit debate once set. Such a motion shall have precedence over any debatable motion.
[9] Speakers shall be taken alternately pro and con in debate, with the sponsor being given the first opportunity to speak.
[10] A member may not speak more than once to a question, prior to all others having the opportunity to speak.
[11] Any member may make a parliamentary inquiry at any time and inquire of the Chair the proper parliamentary procedure available to achieve a specific goal. Page or paragraph references will be given in the appropriate Parliamentary Authority if so requested.
[12] The motion to substitute shall be treated as any motion to amend.
[13] Any member of an SPO has a conditional right to speak in debate but this right may be removed by a majority vote. Committee members have an unconditional right to speak in debate on matters pertaining to their Committee.
[17] No Member shall offer any incidental motion (including without limitation, Point of Order, Appeal from the Decision of the Chair, Parliamentary Inquiry, Point of Information, Division of the Assembly, Object to Consideration, Divide a Motion, Modify or Withdraw a Motion, Request for a rising vote or a counted rising vote), who has made two appeals that day from a decision of the chair, which have not prevailed.
[19] A session of the National Committee may be terminated by any of the following events:
1. Adjournment by quorum vote that the session is ended.
2. By new calendar year; however, a session may be extended through a new calendar year by majority vote prior to the end of the current calendar year.
3. By passage of more than 3 months since the last meeting.
A session of the National Committee shall not be terminated by any of the following events:
1. The call of any regular or special meeting.
(This special rule of order supersedes any conflicting portions of the resolution of the National Committee on 17 November 2003, concerning adjournment. )
(adopted 30 December 2003)
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*5*
The term "Members", "members", and "Officers" for purposes of the RPUSA Constitution Article 7.1.c., appointments shall include all members of State Party Organizations which have been granted Official Recognition or Provisional Recognition. Approval of nonmembers shall be at the discretion of the body which created the Committee; however, such authority may be delegated to the Committee by the creating body.
(adopted 30 December 2003)
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*6*
RULES GOVERNING REGIONAL MEETINGS OF THE NATIONAL COMMITTEE -
(12/30/03 Rev 2) - Special rules of order
Document History:
12/30/03 : Rev 2 : NatCom Amended.
Modified 6.d.iii, Added 10,11
12/10/03 : Rev 1 : NatCom Approved initial text
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1. A caucus or any other meeting of National Committee Members (representatives) from the states within each region, for any purpose provided for in the RPUSA Constitution, with a proper Regional Meeting Notice, shall be termed a "Regional Meeting" of the National Committee.
2.
a. The "Regional Voting Members" of a region shall be those State Party Organization National Committee Members of the region who have voting rights at the National Committee as defined by the latest Credentials Report as amended and adopted by the National Committee. Executive Committee members who are not also State Party Organization National Committee Members shall not be included as Regional Voting Members. National Committee Members of Suspended State Party Organizations are not Regional Voting Members.
b. The term "registered Members of the National Committee in that particular Region" as used in Article 5.5. and Article 5.6. shall mean the Regional Voting Members.
c. A "2/3 vote" means 2/3 of those present and voting.
3. The quorum at a Regional Meeting shall be a majority of all Regional Voting Members of a Region.
4. Regional Meetings shall be open to attendance to any member of any State Party Organization within the region, space permitting.
5. A Regional Meeting must provide for teleconference participation. The Regional Meeting may be a combination in-person/teleconfe rence or videoconference/ teleconference combination or some other electronic format/teleconferen ce which allows for simultaneous communication (not email). An exception to the teleconference requirement is if all Regional Voting Members have explicitly consented to waive this right in the Regional Meeting Notice.
6. A Regional Meeting shall require previous notice.
a. The notice shall contain the date, time, location, proposed agenda and how to obtain access to the phone conference call in information of the Regional Meeting. In the event of a waiver of the teleconference the phone conference information need not be provided.
b. The election, filling of vacancy, or removal of a Regional Representative at a Regional Meeting must be listed in a proposed agenda with the notice of the Regional Meeting.
c. Notice of a Regional Meeting must be sent at least 14 days prior to that Meeting.
d. Regional Meeting Notice
i. The Regional Meeting Notice must be sent to all Regional Voting Members of the Region and the Regional Representative.
ii. Such notice may be sent by email, fax, postal mail, in person or other means which convey all critical information to the recipient. The day a notice is deemed given shall be determined by the postmark in the case of U.S. Postal mail or the date in the Eastern Time zone at the time of transmission. Notice is not completed until all required notices have been sent.
iii. On the same day or as soon as possible thereafter the notice shall be posted to:
A. the Party National Committee electronic notification facility (currently the National Committee email reflector),
B. to the Party membership advisory electronic notification facility (currently the Party advisory reflector),
C. the National Secretary,
D. the region's reflector (if available); however,
in all cases unavoidable delays in these postings shall have no effect on the validity of the previous notice.
(6)e. The Notice of a Regional Meeting may be given by:
i. In all cases, except in-person meetings, 25% or 2 or more Regional Voting Members, whichever is less, of the Regional Voting Members in the region may issue the notice.
ii. In cases of a combination in-person/teleconference meeting a majority of the Regional Voting Members must issue the notice which may be done by petition.
iii. In cases of an in-person only meeting all of the Regional Voting Members must issue the notice which may be done by petition.
7. Special rules of order may not be adopted at a Regional Meeting which conflict with current parliamentary procedures; however, supplementary special rules of order may be adopted as needed except that:
a. All motions shall be debatable
b. The meeting shall operate under committee rules.
c. Special rules of order shall require either a 2/3 vote with previous notice in the Notice of a Regional Meeting or a vote equal or greater than the quorum of the Regional Meeting.
d. The Previous question motion shall be in order after 10 minutes of debate on any motion, unless otherwise excepted, and shall require a majority vote.
e. A motion to remove a Regional Representative from office may be made only once per meeting; however, prior notice shall be required for any subsequent meeting where the motion is renewed. Motions for reconsideration in removal matters shall not be allowed.
8. Any Regional Meeting shall elect a Chair who need not be a VotingMember. If the elected Chair is a Voting Member they may participate in debate and vote.
9. In the case of a Regional Meeting where a removal of a Regional Representative is under consideration the procedure used shall be as follows:
a. Regional Representatives serve at the pleasure of their Regional Voting Members.
b. A motion to remove the Regional Representative from office shall be placed on the floor of the Regional Meeting. A cause for this action may be stated but is not required. This motion shall not be construed as a disciplinary action.
c. The procedures in Chapter 20 (Section 61 Disciplinary Procedures) of the current edition of Robert's Rules of Order, Newly Revised are not applicable.
d. The Regional Representative or their representative shall be allocated up to 1 hour of time to speak against the motion, present witnesses and other evidence. This time may be split into parts at the sole discretion of the Regional Representative. Up to 1 hour shall be fairly divided among all others wishing to speak or present evidence in favor of the motion.
e. Failure of the Regional Representative to attend or have witnesses or evidence available does not mandate delaying a removal motion.
f. Should the removal motion pass by the required 2/3 vote, an immediate election for a replacement may occur. Previous notice of such a replacement election is implied as given if a prior previous notice for replacement was given."
10. Any Regional Meeting shall record and publish minutes of the meeting. The minutes shall be published promptly to:
a. the Party National Committee electronic notification facility (currently the National Committee email reflector),
b. to the Party membership advisory electronic notification facility (currently the Party advisory reflector),
c. the National Secretary,
d. the region's reflector (if available),
e. the Regional Voting Members; however,
in all cases unavoidable delays in these postings shall have no effect on the validity of the meeting.
11. Election of a Regional Representative shall be by majority vote (i.e. more than half of the votes cast by persons legally entitled to vote, excluding blanks or abstentions - Robert's 10th p.387), and not by plurality vote. If no candidate receives a majority, there shall be repeated runoffs with each runoff including all candidates except the least popular candidate of the prior round; however, if two or more candidates tied for least popular, none are dropped.
(adopted 30 December 2003)
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The National Committee adopts the following special rule of order (with renumbering as needed):
Section 1. Pursuant to Art. VIII, §6(a) and Art. XII of the Reform Party USA constitution, the National Committee shall remove a National Officer, only for cause and after hearing.
Section 2. The National Officer whose removal is sought shall have at least five days’ written notice of the charges and of the hearing on those charges, together with a full opportunity to present a defense.
Section 3. Notice shall be given, as permitted or provided in the Reform Party USA constitution- -including without limitation, electronic and non-electronic means, and “mail,” as defined in the Constitution.
Section 4. In the conduct of the hearing on a National Officer's removal, the National Committee may depart from procedures specified or suggested in Robert's Rules of Order Newly Revised; specifically, Chapter XX, “Disciplinary Procedures”.
Section 5. Pending removal of a National Officer, the National Committee may suspend that National Officer by majority vote.
Adopted 8/18/04
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1.
The term "a two thirds roll call vote of the registered members of the National Committee" in Article 8.6.a of the Constitution shall mean "at least 2/3 of the votes cast by persons legally entitled to vote, excluding blanks or abstentions" as defined in Robert's Rules of Order Newly Revised 10th p. 388
Adopted 8/24/04
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A.
All RPUSA Committees (Executive, National, Standing, Special and Sub-Committees) shall practice openness to all party members, in conformance with the RPUSA Constitution, they shall be open to all party members to participate and to contribute to the work of the committees either in person, by teleconference, or on the Committees' reflectors.
Adopted 04/22/05
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B.
Whereas, The RPUSA Constitution at Article IX, Section 8 states, 'A State Party Organization and the members of such State Party Organization so recognized [Officially] shall be eligible to participate without restriction in the national affairs of the Reform Party including all sessions of the National Convention and all national committees subject to the provisions of this Constitution, subject to the provisions of the Bylaws...',
Therefore, All Committees, Special, Standing, Sub, Executive, and National, shall
a. post all minutes (including revision one) to the Natcom E-Mail Reflector and their respective committee reflectors, which shall include the current documented complete list of committee members, and
b. post reasonable notice of meetings to the Natcom, Advisory, and ReformTalk List E-Mail Reflectors and the concerned committee's reflector.
And,
2. Notice shall include an Agenda with exact purport of items to be taken up at that meeting.
3. Notice shall include the current documented complete list of committee members.
4. Reasonable notice, for all committees, means, at a minimum, 7 days for officer elections, 3 days for regular meetings, and 24 hours for emergency meetings, and shall include known agenda items.
5. In the case of an emergency, such an emergency is to be declared by a majority of members counting toward adjusted quorum of the relevantcommittee and must include the phone calling of each member of the committee (at least a majority of all the members being spoken with directly). Meeting minutes of an emergency meeting shall include whether the committee confirmed every member was called and that a majority of all members were spoken with and that a majority of all members counting toward adjusted quorum declared an emergency. Only the specific topics appearing on the agenda may be dealt with, in an emergency meeting.
Adopted 04/22/05
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C.
A National Committee member may be expelled from a single National Committee meeting by a 2/3 vote (any non-member by majority vote) of the National Committee after one warning if any of the following have been recorded into the minutes at the request of any National Committee member,
A) use of disrespectful language, or,
B) interruption when another has the floor.
The motion to expel shall be considered privileged and shall be taken up immediately upon the second occurrence of either infraction being recorded into the minutes at the request of any National Committee member.
Alternatively, a National Committee member may lose the right to speak at a single National Committee meeting by a 3/5 vote (any non-member by majority vote) of the National Committee after one warning if any of the following have been recorded into the minutes at the request of any National Committee member,
A) use of disrespectful language, or,
B) interruption when another has the floor.
The motion to remove speaking rights shall be considered privileged and shall be taken up immediately upon the second occurrence of either infraction being recorded into the minutes at the request of any National Committee member.
If, upon adoption of the motion to remove the right to speak, a member or non-member continues to disrupt a meeting, the member or non-member may be expelled from the meeting by majority vote.
These motions are not debatable.
Adopted 04/22/05
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D.
A quorum call shall occur upon the request of the lesser of either
a. 7 members, or
b. 25% of the quorum as established for the meeting, and shall be performed as a roll call vote on the immediately following question. An absence of quorum is presumed until the initial roll call of the meeting shows a quorum present.
Adopted 04/22/05
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E.
Whereas, The word 'registered' was removed from Article 4 Section 7 of the Constitution at the 10/12/03 Convention in describing National Committee quorum requirements such that the reading in the Constitution is now "A quorum of the National Committee shall be a majority of the National Committee Members" ;
Whereas, The summary interpretive text of motion #23 of the Rules Committee Report of 2003 which states "23. Article 4.7 - National Committee quorum based on all Members." was read in full on the Convention floor in 2003 as part of the Rules Committee Report;
Whereas, There was no objection to this interpretation text and no alternate interpretation offered by the Convention;
Whereas, The language of motion #23 of the Rules Committee Report from the 2003 National Convention was passed unanimously by the Convention;
Whereas, Robert's p.335 (10th edition) makes clear distinction between a 'registered' convention model and 'any other deliberative assembly' with 'enrolled membership' in defining quorum in stating: "3) In a body of delegates, such as a convention, the quorum is a majority of the number who have been registered as attending, irrespective of whether some may have departed. This may differ greatly from the number elected or appointed. 4) In any other deliberative assembly with enrolled membership whose bylaws do not specify a quorum, the quorum is a majority of all the members.";
Whereas, There is a class of possible non-voting Members of the National Committee as defined in Article 9.6.c which states: "c) The votes of any National Committee Members, National Convention Delegates, Executives Committee Members, Standing Committee Members, Special Committee Members, Sub-Committee Members or any other committee or board Members who are Members of a State Party Organization which is so suspended shall not be counted.";
Whereas, In interpreting quorum, the term 'member' refers to voting members (vs. possible members who may not vote) as clarified by Robert's p.3 (10th) in stating: "A member of an assembly, in the parliamentary sense, as mentioned above, is a person having the right to full participation in its proceedings - that is, as explained in 3 and 4, the right to make motions, to speak in debate on them, and to vote. Some organized societies define different classes of "membership, " not all of which may include this status. Whenever the term member is used in this book, it refers to full participating membership in the assembly unless otherwise specified. Such members are also described as "voting members" when it is necessary to make a distinction. "
Whereas, The Credentials Committee creates a list of voting National Committee Members, i.e. "voting list", as part of the Credentials Report as stated in Article 6.2.g: "When the Credentials Committee has serious doubt as to which National Committee Members or National Convention Delegates is entitled to be seated, it shall report that doubt exists in who is to be seated, and shall not place these National Committee Members or National Convention Delegates on the voting list. When the Credentials Committee finds that a challenge is not justified, it shall place only the names of the National Committee Members or National Convention Delegates it finds to be legitimate on the voting list. ... In all cases, the Initial Credentials Report, in recommending which National Committee Members or National Convention Delegates should be seated, determines which National Committee Members or National Convention Delegates have initial voting rights, subject to modification and adoption by the body.";
Whereas, Clarity of events which terminate a session is desirable and Article 4.6 states: "The National Committee shall meet one or more times in each calendar year. A National Committee meeting may be called by the National Chairperson, or by a majority vote of the Executive Committee, or by action of one-fourth of all National Committee members, or by a majority vote of the National Convention."
Resolved, The National Committee is a deliberative assembly with enrolled membership and not a body of delegates, such as a convention;
Resolved, The Article 4.7 clause "A quorum of the National Committee shall be a majority of the National Committee Members." means a a majority of all National Committee Members with the right to vote which is defined as those Members appearing on the voting list as currently approved by the National Committee or in the Initial Credentials Report;
Resolved, For any given session of the National Committee, those National Committee Members with voting rights shall be initially defined by the voting list supplied in the Initial Credentials Report. The Credentials Report may be further modified during the National Committee session as detailed in the Constitution Article 6.2.g;
Resolved, A session of the National Committee shall be considered terminated under any of the following additional circumstances: (in addition to the current special rules previously passed [#4.5 and #4.19 of 12/30/03]):
4) A National Convention is convened.
The National Committee meeting following any of these circumstances [above new condition, rule #4.19 of 12/30/03, or rule #4.5 of 12/30/03] shall require a new Initial Credentials Report and shall be a new session.
This supersedes any prior conflicting standing rule language. [but not prior special rule language]
Adopted 04/22/05
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F.
Due to ambiguities in the RPUSA Constitution and conflicting prior actions in these matters, pending clarification by the National Convention, the National Committee recognizes there is currently no fixed term of office for Regional Representatives nor is there a specific beginning date for their terms, and that after the first election of Regional Representative held at or following the first National Committee meeting held in odd numbered years that Regional Representative shall begin their term the moment they are elected, and voting rights commence upon recognition of a proper election.
Adopted 04/22/05
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G.
1. For purposes of RPUSAC Article 14, a meeting shall not be considered 'official' [as referenced in Article 14] if it violates notice requirements and specifically attempts to bypass the intent of Article 14 by conducting more than one meeting within the greater of:
A) a 24 hour period, or
B) an otherwise required notice period.
2. Article 14 deadwood calculations traverse new sessions and special, regular and adjourned meetings.
Adopted 04/22/05
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H.
Whereas, all Committee in-person meetings extraordinarily encumber volunteer resources for almost all members, and
Whereas, for all Committee in-person meetings, specifically, members must arrange travel, accommodations, work schedules, financing, and more, and
Whereas, all RPUSA Committees consist of all volunteers, and
Whereas, many, if not most, members are completely unable to arrange their attendance at Committee in-person meetings, and
Whereas, the danger of impropriety is higher for all Committee in-person meetings due to the greater number of absences,
Resolved, all Committee in-person meetings shall require 30 days previous notice, and
Resolved, all Committee in-person meetings, which are improperly noticed are invalid unless the defects are corrected within 24 hours of the 1st published notice and before the last previous notice date, and
Resolved, all Committee in-person meetings may not adjourn to another inperson meeting date not contained in a separate notice and any such adjournment shall require 30 days previous notice, and
Resolved, all Committee in-person meetings may not recess to another inperson meeting date not contained in the notice and may not recess for more than 14 hours, and
Resolved, all Committee in-person meetings shall state the exact length and location, and
Resolved, all Committee in-person meetings, which lack a stated meeting ending date in the meeting previous notice shall have an implied ending date of the starting date, and
Resolved, all Committee in-person meetings, which lack a stated meeting ending time in the meeting previous notice shall have an implied ending time of 5pm local time, and
Resolved, all Committee in-person meetings shall be considered special meetings, and
Resolved, all Committee in-person meetings, may only transact business previously noticed (meaning the complete and accurate purport of any motions or the exact text of any motions) in the call of the meeting, and
Resolved, for all Committee in-person meetings, the shorter the notice the more specific it needs to be, for 30 to 45 days notices only exact text motions may be transacted, and
Resolved, for all Committee in-person meetings, modifications to previously noticed motions or unnoticed motions may only be referred to a future meeting where they are properly noticed and,
Resolved, lacking previously noticed motion text, any specific language in any way beyond the previously noticed purport may only be referred to a future properly noticed meeting, specifically, motions taken up under a non-specific agenda item (such as new business, unfinished business, special and general orders) may only be referred to a future properly noticed meeting, and
Resolved, for all Committee in-person meetings, which may have a teleconference location and an in-person location, the more restrictive of all Committee in-person or teleconference meeting rules shall apply.
Adopted 04/22/05
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I.
A vote by the National or Executive Committee on a call to National Convention shall require previous notice. A vote by the National or Executive Committee on an official declaration of a case of emergency shall require previous notice.
Adopted 04/22/05
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J.
The motion to reconsider is prohibited and the motion to rescind or amend something previously adopted should be used.
Adopted 04/22/05
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K.
The recission or amendment to previously adopted special rules of order shall require a minimum of 14 days previous notice.
Adopted 04/22/05
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L.
The suspension of special rules of order is prohibited.
Adopted 04/22/05
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M.
Special rules of order must be previously noticed.
Adopted 04/22/05
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N.
The calling more than one regular, adjourned, and/or special meeting for any one 24 hour period is prohibited. (meetings called prior to adjournment of this 4/22/05 meeting excepted)
Adopted 04/22/05
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O.
Any Credentials Committee meeting shall require a 72 hour previous notice.
Adopted 04/22/05
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P.
Any SPO replacement, removal, suspension, recognition, provisional recognition as may be authorized, shall not occur without a 2/3 vote of the NatCom, where allowed, and with 14 days previous notice.
Adopted 04/22/05
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Q.
The National Committee, on any roll call vote by teleconference, shall take an automatic 5 minute recess prior to the calling of the roll at the request of any member. The actual voting may be preceded by two minute pro and two minute con summary at the request of any member.
Adopted 04/22/05
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R.
All minutes shall be reviewed by a special committee on minutes of the National Committee [reauthorization - previously authorized 01/28/04 motion #3] for accuracy prior to being submitted for adoption. The special committee may accept the secretary's initial minutes if available; however, the special committee may use any submissions and may review any recording to complete accurate minutes for submission to the National Committee for approval. The National Chair shall appoint the chair of this special committee.
Adopted 04/22/05
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S.
Quorum is presumed not present unless a roll call indicates it is present - even if there is no objection.
If quorum is not present at roll call, the only valid motions which may be acted upon are adjournment, or recess.
Adopted 04/22/05
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T.
To ensure the integrity of proceedings, in-person meetings of the National Committee shall be videotaped or recorded stenographically by a court reporter or public stenographer.
Adopted 04/22/05
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U.
There is no waiver by failure to object at an in-person meeting by non-attendees in cases where improper previous notice was given, and there is then a presumed objection to the validity of the meeting.
There is no waiver by failure to object at an in-person meeting by non-attendees in cases where a teleconference hook-up is not provided for and previously noticed in the meeting's previous notice, and there is then a presumed objection to the validity of the meeting by the non-attendees.
All meetings of the National Committee [including the Executive Committee], Standing committees, sub-committees, or special committees other than those held in conjunction with a regular annual National Convention shall be made accessible to members to participate and vote via teleconference. Any business otherwise conducted shall be null and void unless all members not attending waive their right to teleconference in writing.
Adopted 04/22/05
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V.
There shall be a presumption of non-regularity at an in-person meeting unless all the following conditions are met:
1. A teleconference hook up with full and unencumbered floor access is provided for at no charge to participants except possible long distance phone charges.
2. There is Equal access to the floor for teleconference participants compared to any onsite participate.
3. The full proceedings are recorded with video and audio and a recording of the proceedings are made available to any member.
4. Previous notice of the teleconference hook up, including the phone number and code(s) and procedures for using the phone number are included in the meeting previous notice or any previous notice correction to the meeting notice made prior to the deadline for the meeting's previous notice.
Adopted 04/22/05
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Z. 1A.
In all cases a majority vote to allow amendments shall be required prior to any motion to amend being in order.
Adopted 04/22/05
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AA. 1B. I.
Amends special rule 2.1.c from 12/30/03 to read:
c. If anyone with a right to speak in debate and wishing to speak to the motion has not had an opportunity to speak once to the motion and less than 20 minutes have elapsed (not including interruptions) .
Adopted 04/22/05
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AA. 1B. II.
After 20 minutes have elapsed on a motion (not including interruptions) , further debate shall not be entertained without a motion to extend debate; however, a single 5 minute extension shall occur automatically at the request of any 3 members. If a motion to extend debate does not specify an amount of time it shall be assumed to be 10 minutes.
Adopted 04/22/05
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AB.
In order to obtain the floor for debate, incidental motions (points of order etc.) or any other motion, at a time when no one is speaking, the individual attempting to gain the floor shall state "Mr. or Madam Chair" but shall never interrupt a speaker who has the floor.
Adopted 04/22/05
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AC.
The National Committee certifies the Special Committee on Legal Response was created with power as last amended on 12/03/03 and except for personnel changes any change to the charter shall require previous notice and a 2/3
vote.
Adopted 04/22/05
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[1. I. B.]
The National Committee extends the charter of the Special Committee on Minutes to include review and report of Executive Committee minutes in the same fashion as National Committee minutes.
[1. II. A.]
Any action by the Executive Committee shall be considered a recommendation to the National Committee, and shall take effect unless acted upon by the National Committee within 30 days of the Executive Committee posting such specific actions/recommendat ions to the National Committee reflector.
[1. II. B.]
The National Committee directs the Executive Committee to cease taking any further actions involving the operation of the party until future notice, except for making recommendations to the National Committee.
[1. II. D.]
The activities of National Committee members in Atlanta, 23 April 2005, found to be lacking the required quorum of twenty-four (24) as specifically reported by the National Secretary to the Special Committee on Minutes on 28 April 2005 and as documented in the National Committee minutes of 23 April 2005 as reported by the Special Committee on Minutes, purported from this meeting/gathering, other than adjournment, are null and void.
[1. II. E.]
A call to convention as reported by the National Secretary and Charles Foster (TX) is null and void because 1) National Committee Members on 23 April 2005 acted without quorum; and 2) the Executive Committee on 23 April 2005 acted a) to declare an emergency without notice, in violation of special rules of the National Committee and Robert's Rules of Order, Newly Revised; b) conducted an in-person meeting with four and a half (4 ½) days notice, in violation of Robert's Rules of Order, Newly Revised, making it impossible, or prohibitively expensive, for anyone to attend who had not previously made travel arrangements; and c) it is improper to have taken up an issue under consideration by the Special Committee on Site Selection.
[1. II. F.]
Any actions of the Executive Committee on 23 April 2005, as reported by the National Secretary or otherwise, are null and void because the Executive Committee on 23 April 2005 acted a) to declare an emergency without notice, in violation of special rules of the National Committee and Robert's Rules of Order, Newly Revised; b) conducted an in-person meeting with four and a half (4 1/2) days notice, in violation of Robert's Rules of Order, Newly Revised, making it impossible, or prohibitively expensive, for anyone to attend who had not previously made travel arrangements.
[1. II. G.]
Any actions taken by the Executive Committee subsequent to 23 April 2005 through 2 May 2005, are null and void because no notice has been properly made at all.
[1. II. K. 1.]
The Special Committee on Legal Response recommends the National Chairman further establish the charter of the Special Committee on Possible Inappropriate Actions to include failure to uphold the RPUSA Object (RPUSAC
Art. 2).
[1. II. K. 2.]
The Special Committee on Legal Response recommends the National Chairman further establish the charter of the Special Committee on Possible Inappropriate Actions to include failure to uphold the RPUSA Constitution.
[1. II. K. 4.]
The Special Committee on Legal Response accepts the resignation of Counsel Wick as of 22 April 2005, and acknowledges that he was not authorized to perform duties on behalf of the RPUSA following that date.
[1. II. K. 5.]
The Special Committee on Legal Response confirms that any engagement of attorney(s) purported to have occurred, on behalf of the RPUSA, on 23 April 2005, in Atlanta, is null and void.
[1. II. K. 6.]
The Special Committee on Legal Response confirms that any purported non previously noticed meetings (meaning 'previous notice' and 'notice' as defined by the National Committee meeting on 22 April 2005, and previously) since 22 April 2005, are null and void (including, but not limited to, meetings which were not noticed to the National Committee, Advisory, and Reformtalk reflectors).
[1. II. K. 7.]
The Special Committee on Legal Response confirms that the National Committee may only conduct valid business in the presence of a proper quorum, that any business conducted in the absence of a quorum is null and void, and there is no evidence of a proper quorum of the National Committee on 23 April 2005.
[1. II. K. 8.]
The Special Committee on Legal Response confirms that the supposed Executive Committee, meeting on 23 April 2005, failed to previously notice that a motion concerning a call to National Convention would be considered, and that therefore any such motion adopted on 23 April 2005, or thereafter, is null and void.
[1. II. K. 9.]
The Special Committee on Legal Response confirms Bruce Wick's filing with the US District Court on 25 April 2005 was not authorized by the RPUSA in any fashion, and none of the actions reported were adopted by the National Committee on 23 April 2005, and his filing should be stricken.
Adopted 05/02/05
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[2. A.]
The National Committee confirms the RPUSA Constitution Article 9.10 language, "A State Party Organization shall allow none of its National Committee seats to remain vacant for more than sixty days from the effective date of a written resignation, removal from position or second absence from a National Committee Meeting if such absences have not been excused by the Executive Committee.", means these are conditions which might be cause for possible action by the National Convention against an SPO, and then only as allowed in Article IX, but are not cause for possible action against any individual National Committee members.
[2. B.]
With respect to the interpretation of the current rules regarding National Committee resignations:
National Committee resignations received but not reported to the National Committee reflector are not effective until reported to the National Committee reflector.
Adopted 5/2/05
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[END OF CALL TO 2009 RPUSA CONVENTION NOTICE]