African American Caucus of the North Carolina Democratic Party Amendments Submitted to SEC: February 7 th, By-Laws

Transcription

1 African American Caucus of the North Carolina Democratic Party Amendments Submitted to SEC: February 7 th, 2015 Amended June 6 th, 2015 By-Laws Submitted by AAC-NCDP Officers: P. Brandon Johnson President Donna Johnson First Vice President Jannet Barnes Second Vice President Pending election Third Vice President Chenita B. Johnson Secretary Gloria Phoenix Treasurer(Interim) Perry Graves Parliamentarian

2 ANNOTATED HISTORY OF THE AFRICAN AMERICAN CAUCUS OF THE NORTH CAROLINA DEMOCRATIC PARTY The African American Caucus was organized in Raleigh North Carolina, 12:15PM February 8 th, 2003, at the North Carolina Democratic Party State Convention. Thirty-nine African American democratic State Executive Committee members had specific concerns that were not addressed by the State SEC. They met together to discuss how to proceed to have these concerns addressed. After this meeting was called to order, a motion was unanimously passed by all present, to form an African American Caucus. These members were: Lovonia Allison, Harold Lee Hairston, Albert Porter, Linda D. Coleman, Gary Wadell, Stella Adams, Bernard Allen, Vicki Alston, Sonia M. Barnes, Edward Carter, Mary Clinton, Keith Corbett, Chenay Costen, Jeanette Council, Ty Cox, Carl Dean, Gina Pettis-Dean, Beverly Earle, Alan Foster, Millie Hoffler Foushee, Rosa Gill, Una Green, Ronnie Green, Catherine Hall, Larry Hall, Sadie Howard, Ann Huggins, Tracy Lovett, Sharon Morris, Mary Perry, Bobby Richardson, Carolyn Smith, Ed Smith, Ronnie Smith, Terrence Taylor, Everett Ward, Magdalene Whitley, Brenda Wilkins, and Kennis Wilkins. The State Executive Committee adopted a resolution to recognize the creation of this caucus, as an official organization, and the African American Caucus of the North Carolina Democratic Party was chartered by the SEC at that State meeting as an official auxiliary of the North Carolina Democratic Party. AAC-NCDP BY-LAWS Page 2

3 TITLE Table of Contents PAGE NUMBER History 02 Table of Contents 03 Title Page 04 Article 1 - Name 05 Article 2 - Affiliations 05 Article 3 - Purpose and Objectives 05 Article 4 - Policy 06 Article 5 - Membership 07 Article 6 - Officers 08 Article 7 - Organization 12 Article 8 - Removal from Office 14 Article 9 - Finances 15 Article 10- Quorum 16 Article 11 Committees 16 Article 12- Grievance 17 Article 13- Elections 17 AAC-NCDP BY-LAWS Page 3

4 African American Caucus OF the North Carolina Democratic Party By-Laws AAC-NCDP BY-LAWS Page 4

5 ARTICLE 1 NAME The name of the Organization shall be African American Caucus of the North Carolina Democratic Party (AAC-NCDP). Each County Caucus shall be known as the African American Caucus of the (County s Name) County Democratic Party. A County may add a suffix to the County s Name that better identifies or honors the Caucus Membership in that local community, example African American Caucus of the Forsyth County Democratic Party Jacquelyne Barber Branch (AAC-JBB). ARTICLE 2 AFFILIATIONS The AAC-NCDP, chartered by the North Carolina Democratic Party State Executive Committee (SEC), is an integral part of the North Carolina Democratic Party and shall be influenced and guided by the Democratic Platform, Plan of Organization and Policies of the Democratic Party at the Precinct, County, District, State and National Levels. Wherever these By-Laws are silent, the Democratic Party s rules and regulations and or Robert s Rules of Order <revised>will govern. ARTICLE 3 PURPOSE AND OBJECTIVES The Mission of the AAC-NCDP is to promote political participation and education within the African American Community, encourage African Americans to seek public office, represent issues and concerns of its membership to the Democratic Party Leadership and to work towards strengthening the Democratic Party. The purpose and objectives of the AAC-NCDP shall be to seek full representation of African Americans at all levels and in all activities of the Democratic Party. This shall include, but not be limited to the following objectives: 1. To support the Democratic Principles, Goals and Objectives at all levels of the Party. 2. To increase the visibility and influence of African Americans in the Democratic Party. 3. To ensure that issues of concern to the African American Community are made known to the Democratic Party and the Party s position on these issues are communicated to the AAC-NCDP Membership. 4. To take appropriate public stands on issues relevant to the African American Community. AAC-NCDP BY-LAWS Page 5

6 5. To encourage African Americans to seek elective office and participate in delegate selection and committee assignments at all levels of the Democratic Party, its Conventions and Organizations. 6. To work with the North Carolina State Executive Committee (SEC) to empower the Democratic Party of North Carolina. 7. To assist in the organization and maintenance of active African American Caucuses at the County and State Levels. 8. To communicate Public Policy, concerns and issues to African Americans and provide a platform for public discourse. 9. To advise and endorse candidates and policies to the African American Community where not prohibited by these By-Laws and the Democratic Party Rules and Regulations. 10. To organize County AAC-NCDP Chapters in all one hundred (100) North Carolina Counties. 11. To work for the election of Democratic Party Candidates. The Policies of the AAC-NCDP are as follows: ARTICLE 4 - POLICY 1. To review, analyze, edit, communicate and report on all policies, rules, regulations and general statements from the Democratic Party that impact, positively or negatively on the African American Community 2. To organize the African American Community to be a powerful constituency of the Democratic Party 3. To develop policies and strategies to maximize the power of the African American Vote. 4. To coordinate and seek cooperation with local and state organizations, churches, businesses, academic institutions whose vision is to improve, strengthen, encourage and motivate the African American Community. AAC-NCDP BY-LAWS Page 6

7 ARTICLE 5 - MEMBERSHIP Individual Membership - Any African American Citizen of the United States of America who shows evidence of personal integrity and good moral character and who is a registered and active member of the North Carolina Democratic Party, who pledges to the principles of the Party and will work for the election of Democratic Candidates through the Precinct, County, District and State Caucuses of the Party shall be eligible and qualified for membership in the African American Caucus of the North Carolina Democratic Party. A five ($5.00) fee includes members card cost and certification certificates is requested for each registered member and is collected through the County Caucuses and sent to the State AAC-NCDP. Collectively, all members registered with the AAC-NCDP through the County Caucuses or directly with the Secretary where no County Caucus exist, shall be known as the General Body. By voting, the General Body is the sole arbiter of all issues, concerns, rules, regulations, policies and etc. for the AAC-NCDP. The General Body's power and authority extends to serving as an appellant Body for all actions of the Executive Elected Officers and Committee decisions to the point where the Democratic Party s Plan of Organization. All AAC-NCDP memberships must come through the established County Caucus. Where no County Caucus exists, membership in the AAC-NCDP is provided through the State Caucus by registration with the Secretary. No County can register more than five (5) Members without organizing as a County Caucus of the AAC-NCDP. Membership in the AAC-NCDP requires registration and certification by the Secretary. This means that the applicant has met all the requirements for membership and is registered with the Caucus Secretary and has confirmation from the Caucus. Registration and Certification also means that the Member's Name, Address, City, Zip Code, Telephone Number and (where available), County and District are recorded with the AAC-NCDP Secretary. Membership in the Caucus is for one (1) Calendar Year and must be renewed each year in January or at the point of joining the AAC-NCDP. All AAC-NCDP Members are required to keep private communications acquired through their membership in the Caucus as proprietary. Any member who deliberately bring shame, embarrassment, ill will, hurt, loss of or any negative reporting concerning the AAC-NCDP, its Elected Officers and members will be subject for removal from the Caucus, provided a Notice of Removal for cause is issued and served on the member. Thereafter, the member is allowed respond and present reasonable evidence of their innocence. County Membership - Each County must have a minimum of five (5) Members to organize. The organized County Caucus must submit a letter of registration to the AAC-NCDP Secretary. A similar letter must be submitted for County Caucuses renewing their membership. This letter must contain the names of the Caucus Officers along with offices they hold. A twenty-five dollar ($25.00) check must accompany the registration application letter. This money is for the registration of the five (5) originating members and the certification processing/vetting cost including County Certification Certificate. The Time, Date and Names of all attendees at the organizing meeting must be contained in the minutes and attached to the Application/letter. The County Caucus must also supply all the information required for Individual AAC-NCDP BY-LAWS Page 7

8 Membership. Only one (1) County Caucus may be organized in any County. This rule may be suspended where a County has two (2) very large and diversified cities, such as Greensboro and High Point in Guilford County. This can only be done by a two-third (2/3) vote of the General Body. The General Body register and certifies County Caucus full participation and acceptance into the AAC-NCDP, in accordance with the procedures stated in the membership Committee Rules of Procedures. Associate Members - Any non-african American Member of the North Carolina Democratic Party who otherwise meets all the requirements for membership in the AAC-NCDP may become an Associate Member. Associate Members can attend any General Body Meeting by being registered as an Associate Member with the Secretary of the Caucus. Associate Members cannot vote in any AAC-NCDP Meeting. Associate Members may participate when recognized by the President. All non-african American North Carolina Elected Democrats and members of the SEC Executive Council are default Associate Members of the AAC-NCDP by making their intentions known to the Caucus Secretary. Any African American Democrat, who is not a registered member of the AAC-NCDP, will be treated as an Associate Member. Member At Large - Any and all other individuals who live outside of the State of North Carolina who wishes to be associated with the membership of the AAC-NCDP will have the same rights and obligations of an Associate Member. Honorary Membership - is an honor reserved for special recognition of non-african American Democrats who have made sufficient contributions to the AAC-NCDP. ARTICLE 6 - OFFICERS The Elected Officers of the AAC-NCDP shall be: 1. President 2. First Vice President 3. Second Vice President 4. Third Vice President 5. Secretary 6. Treasurer 7. Parliamentarian Elected Officers can cast one (1) vote in Officers' Meetings. No Elected Officer of the AAC-NCDP can simultaneously hold more than one (1) voting position in the Caucus. Elected Officers of the AAC-NCDP can only vote as part of their County Caucuses in General Body Meetings. At least one (1) of the Elected Officers shall be thirty-six (36) years of age or under at the time of their election. Under no circumstances can Elected Officers or any other member of the AAC-NCDP cast more than one (1) vote. AAC-NCDP BY-LAWS Page 8

9 The order of succession for Elected Office vacancies is as follows: 1. The President is succeeded by the First Vice President 2. The First Vice President is succeeded by the Second Vice President 3. The Second Vice President is succeeded by the Third Vice President only if the Third Vice President does not succeed the Secretary. And the Second Vice President position may be left vacant until the next election or either appointed by the Elected Executive officers in a called meeting. The Elected Executive Officers in a called meeting may appoint an Officer to fill a vacant position for the duration of the previous elected Officer term. 4. The Secretary is succeeded by the Third Vice President until new elections 5. The Treasurer shall be replaced by a vote of the General Body at the next meeting of the AAC- NCDP 6. The Parliamentarian shall be replaced by a vote of the General Body at the next meeting of the AAC-NCDP. If, at any time three (3) or more of the originally Elected Officers are serving in offices that they were not elected too, the General Body, at an official meeting of the AACNCDP, by a simple majority vote, can call for New Elections to fill the terms of the Officers out of position. AAC-NCDP Officers can and are encouraged to run for Public Office at the County, State and Federal Levels of government. If there is another Democratic Candidate for the same office, the Caucus Officers must leave their AAC-NCDP Office until the primaries are over or there is no longer another Democrat for the same office. An AAC-NCDP Officer can hold Public and AAC- NCDP offices at the same. Whether successful or not, the original office holder of the AAC-NCDP can in a timely manner, return to their former position with the AAC-NCDP. The President - May call an AAC-NCDP meeting and Shall preside at all meetings of the AAC- NCDP, when available. When the President is not available, the Elected Officers following the order of succession in the office of the President may call a meeting of the AAC-NCDP. Additionally, an affirmative vote by the Elected Officers may also call an AAC-NCDP meeting. In any event either Elected Officer or officers shall determine how much lead time is required to have a quorum. The President or Elected Officer presiding at a meeting of the Elected Officers should all agree and create the agenda for all AAC-NCDP General Body Meetings. This meeting shall follow and apply normal rules of voting and decorum. The President or successor can attend any meeting of any Caucus, caucus Group or Committee held under the banner of the AAC-NCDP. All called meetings to be held in accordance with AAC- NCDP By-Laws Article 4 policy shall serve notification to the AAC-NCDP President via the AAC-NCDP Secretary. Advice and consent of the Office of the President is not required, provided a notification was served. Elected Executive Officers are not forbidden to call meetings in accordance to these By-Laws to discuss AAC-NCDP business. However any member of such a meeting may be subject to removal for failure to keep AAC-NCDP private communication as proprietary in accordance with Article 5- membership. AAC-NCDP BY-LAWS Page 9

10 The President or successor is the chief spokesperson for all AAC-NCDP Public Communications, however the President or Elected Officer shall seek advise and consent from the Elected Executive Officers before publishing and distributing any AAC-NCDP correspondence (private and proprietary). All communications (includes s, telephone calls, and faxes and meeting minutes, etc.) shared with the Public, will be coordinated through the Elected Executives Officers Committee Office. The President with the consent and approval other Elected Executive Officers Committee may appoint a (volunteer or paid) communications director. The Communications Director shall be the chair of the Communications Committee. The President along with the Parliamentarian will consult the North Carolina Democratic Party s Plan of Organization where these By-Laws are not clear as to any questions, rules, regulations, etc. related to the AAC-NCDP and the Democratic Party. The President along with Secretary will establish a mailing address to receive all correspondence for the AAC-NCDP. The President and all Elected Officers will act as consultants and advisors for all AAC-NCDP General Body Meetings. The First Vice President - shall serve as an aide to the President. The First Vice President shall preside at all meetings in the absence of the President or upon request of the President. I f there is a permanent vacancy in the Office of President; the First Vice President shall assume the office until the next scheduled elections. The First Vice President shall be opposite Gender from the President. The First Vice President must be from a different County Caucus from the President. The First Vice President shall act as Parliamentarian in all meetings where the Parliamentarian is absent. The Second Vice President - shall serve as an aide to the President and First Vice President. The Second Vice President shall preside at all meetings in the absence of the President and First Vice President or upon request of the President. If there is a permanent vacancy in the Office of First Vice President, the Second Vice President shall assume the office until the next scheduled elections. The Second Vice President shall act as Treasurer in all meetings where the Treasurer is absent. The Third Vice President - shall follow the order of succession and preside at all meetings where the President and higher ranked Vice Presidents are absent. If there is a permanent vacancy in the Office of Second Vice President, the Third Vice President shall assume the office until the next scheduled elections. AAC-NCDP BY-LAWS Page 10

11 The Third Vice President shall act as Secretary in all meetings where the Secretary is absent Secretary - The Office of Secretary of the AAC-NCDP is an independent and solemn responsibility that cannot be swayed by any other elected office holders. The Secretary reports to the Executive Board and to the General Body of the AAC-NCDP. The Secretary shall be the creator, recorder, keeper, filer, maintainer, historian, reporter, etc. of all information related to the business of the AAC-NCDP. The Secretary is required to take minutes at any and all AAC-NCDP Meetings. The Secretary shall truthfully and accurately take all minutes, receive and copy all documentation at all AAC-NCDP Meetings. The Secretary shall file all required reports to the North Carolina State Democratic Party, Federal, State and all others governing bodies. The Secretary shall keep membership list and is the sole arbiter for official memberships in the AAC-NCDP for Individuals, Counties, Associate and Honorary Members. The Secretary shall prepare and distribute all meetings notices and other communications. The Secretary shall be the receiver, recorder and distributer of all correspondence sent the AAC- NCDP. The Secretary shall have a way of receiving and distributing all AAC-NCDP mailings. The Secretary shall be prepared to produce any and all AAC-NCDP documentation upon request with reasonable preparation and lead time. The Secretary under the guidance of the President will review and approve all posting for the AAC- NCDP Website. All web-sites set up under and for the AAC-NCDP including passwords are property of the AAC-NCDP. The Secretary shall work closely with the Treasurer to record all Financial Reports and ensure that all reports are filed in a timely manner. The Secretary will independently verify with the Treasurer and immediately report any discrepancies with transactions involving the finances of the AAC-NCDP. The Secretary will pass on to the Second Vice-president duties and responsibilities when unable to attend AAC-NCDP Meetings. The Secretary shall maintain an Official Vote Count by AAC-NCDP Counties based on the State Executive Committee County Allotments. These AAC-NCDP County Allotments will be used in all AAC-NCDP Elections. The Secretary will report the results of all AAC-NCDP Votes. Treasurer - There will be only one (1) Treasurer of the AAC-NCDP. AAC-NCDP BY-LAWS Page 11

12 The Treasurer shall be responsible for receipts and disbursements of all funds and shall make a full and complete Financial Report at each meeting of the Caucus. The Treasurer will not sign for expenditures of more than one hundred ($100.00) dollars without the previous approval of the General Body except in emergencies, where a vote of the Elected Officers is required. The Treasurer will ensure there are no cash withdrawals from the AAC-NCDP Banking Accounts. All withdrawals will be made by check only. The Treasurer will work with all the elected officers and Committee Chairs to prepare an annual budget for presentation to the General Body in the 4 th Quarter of the current year for the coming year. The Treasurer shall produce the Financial Records of any AAC-NCDP business transactions for inspection (both the Federal and State Accounts) at the request of the General Body at all official meetings. The Treasurer shall take and complete the training for all Treasurers required by the State of North Carolina. The Treasurer shall file a copy of the documentation proving completion of the training with the Secretary of the AAC-NCDP. The Treasurer shall file in a timely manner, all reports and etc. required by Federal and State Authorities. The Treasurer shall provide a Financial Year-Ending Report to the AAC-NCDP. The Treasurer is responsible for all Financial Records from previous administrations of the AAC- NCDP, this means keeping a file and copies of all historical financial information. The Treasurer shall provide all required documentation to the Third Vice President when unable to attend AAC-NCDP Meetings. The Parliamentarian - shall keep the President informed as to rules and procedures for carrying on the business of the AAC-NCDP. Such rules and procedures shall include the AAC-NCDP By- Laws, the Plan of Organization of the North Carolina Democratic Party and Robert s Rules of Order (latest revision). Wherever the By-Laws are silent, the Plan of Organization shall govern. Where both By-Laws and the Plan of Organization are not clear or definitive, Robert s Rules of Order shall govern. The Parliamentarian is responsible for assisting the President in the orderly conduct of all meetings of the AAC-NCDP, and will have the final decision on Parliamentary Law; shall serve as the AAC- NCDP Compliance Officer, chair of the Compliance Committee, and the Sargent at Arm in all meetings to maintain order and decorum as necessary. AAC-NCDP BY-LAWS Page 12

13 The Parliamentarian will assist the Secretary in counting the votes in all AAC-NCDP Elections. The Parliamentarian will attest that the results of the voting process are being reported correctly. All AAC-NCDP County Presidents are encouraged and asked to attend all Caucus Officers Meeting. Their participation will insure the dissemination of information to our membership as quickly and effectively as possible. ARTICLE 7 ORGANIZATION The AAC-NCDP at the State Level will be divided into four (4) Regions. This is done for the safety and participation of its membership. No members should be asked to drive more than three and one half hours (3 and ½ ) one way to attend a scheduled AAC-NCDP Meeting. AAC-NCDP Members are expected to attend meetings in their Region. AAC-NCDP Officers are required to attend all Caucus Meetings. There will be no more than four (4) AAC-NCDP Scheduled Meetings per year. There will be two (2) Regional Meetings. Regional Meetings will rotate to cover all four regions. Two (2) of the four (4) scheduled AAC-NCDP Meetings will be prior to the State's SEC Meetings. All members are expected to attend these joint AAC-NCDP and State SEC Meetings. AAC-NCDP County Caucuses - are the foundation of the organization. Only one (1) County Caucus is permitted for each County, with the exception under ARTICLE 5 -Membership. Each County name shall conform to ARTICLE 1 - Name of these By-Laws. County AAC-NCDP Membership - County Caucuses must have a minimum of five (5) members to organize under the By-Laws of the AAC-NCDP. Each County Caucus must create and adopt its own By-Laws. Any County Caucus without its own State Caucus approved By-Laws are covered by the AAC-NCDP By-Laws. The County Caucus must make application to join the AAC-NCDP by submitting and certifying that it has organized under the By-Laws of the AAC-NCDP with the express purpose of becoming a County Caucus of the AAC-NCDP. The County's application must contain the Date, Time and Place where the organizing meeting was held. All attendees must be listed with Names, Addresses, City, Telephone Number, Address (if available). County, District and a declaration as registered Democrats. The application is submitted to the Secretary v of the AAC-NCDP and upon an affirmative vote by the General Body, the County Caucus will become a member of the AAC-NCDP. Where there is more than one (1) County Caucus submitting applications for membership in the AAC-NCDP, a vote of the General Body will decide which applicant is accepted after both parties have presented their cases in a General Body Meeting of the Caucus. The AAC-NCDP General Body is the final arbiter of all decisions involving the AACNCDP County Caucus Memberships. AAC-NCDP General Body Meeting - A General Body Meeting of the AAC-NCDP must have a quorum of one-third of the active and registered County Caucuses in attendance. The AAC-NCDP Parliamentarian and Secretary will certify that a quorum exist according to the registered and approved County Caucuses of the AAC-NCDP. The Secretary s accounting of County Caucuses AAC-NCDP BY-LAWS Page 13

14 is the only official source for membership in the AAC-NCDP. I f a quorum does not exist, an Information Only Meeting can be held. Information Only Meeting can be held if the President, any Vice President, Secretary and Parliamentarian are present. The Secretary shall take minutes and nothing done at this meeting is binding on the AAC-NCDP. This meeting is only for information purposes in absence o f a quorum and makes the best use of member's time, travel and expense. AAC-NCDP Elections - All Elections for the AAC-NCDP will be held at a previously announced General Body Meeting. All Candidates for AAC-NCDP Elective Office must be members in good standing with the County and State Caucuses. All Elections for AAC-NCDP Officers will be held in the fourth quarter prior to the even numbered year where officers take their elected office. All inaugurations of Elected Officers are effective January 1 of the even numbered year. Election Terms are for two (2) Years. No Officer can continue in the same office more than two (2) consecutive terms. Wherever possible, after the Elections of Officers for 2010, no County Caucus may hold more than one (1) Elected Officer position. The Office of Assistant Treasurer will be eliminated. Beyond the First Vice President being opposite Gender from the President, Gender Diversity is encouraged, but not required. At least one (1) of the Elected Officers should be thirty-six (36) years of age or younger. The AAC-NCDP prohibits its membership from publicly endorsing or supporting any candidate for public office that is not a Registered Democrat and Member of the Democratic Party. This rule is waved where there is not a Democratic Candidate in the race and one candidate is far more preferred over the other to the benefit of the African American Community. Individual non Officers Members of the AAC-NCDP may support candidates of their choosing. No elected or appointed Officers of the AAC-NCDP may endorse any candidate during the Democratic Primaries. This Rule applies to any and all political races. Any AAC-NCDP Elected Officer who chooses to run for Public Office in a Democratic Primary must resign their position for as long as the primary is ongoing. If the Officer is successful; their resignation becomes permanent if it violates the By-Laws, if not, that Officer may return to their elected AAC-NCDP position. I f unsuccessful, the Officer may return to their former AAC-NCDP Elected Office. If the election is expected to last more than one half (1/2) of a year, the Officer must be replaced according to the By-Laws. AAC-NCDP Voting - Any registered, certified member of the AAC-NCDP, as recorded with the Secretary, is entitled to run for elective office, vote for candidates for elective office and participate in all official and unofficial Caucus Meetings and Events. Voting in any and all AAC-NCDP Meetings shall be as follows: AAC-NCDP BY-LAWS Page 14

15 1. In all AAC-NCDP Meetings, attendance equals participation. Only members in attendance can vote and be nominated for positions within the AAC-NCDP. The goal of this rule is to recognize the dedicated members of the AAC-NCDP and reward them for their service to the organization. This rule is also aimed at increasing attendance at all scheduled AAC-NCDP Meetings. No one will be allowed to speak at AAC-NCDP Meetings without some type of active registered Caucus membership. 2. There can never be an election without a quorum certified by the Secretary and a statement from the Parliamentarian that this is an Official Election. 3. Each County AAC-NCDP Caucus shall have the number of votes allocated to that County by the State Executive Committee. This is a Democratic way of ensuring fairness to large and small Counties. 4. A County can only vote the number of members from that County in attendance. If the number of attendees is greater than number of votes, that County Caucus will meet together to decide how to distribute their allotted ballots. All votes must be in whole or integer numbers, no fractional parts of votes will be counted. If the number of attendees is less than the number of votes, each individual will cast their own allotted County Caucus Vote. 5. Candidates may appoint observers for the counting of the ballots. Vote counting is the responsibility of the Secretary and Parliamentarian of the AAC-NCDP. 6. The results of voting will be reported by the Secretary and confirmed by the Parliamentarian. AAC-NCDP Officers - The President will preside at all AAC-NCDP Meetings. The Officers will meet prior the AAC-NCDP Meeting to set the agenda. All meetings will be held with the guidance and leadership of the Officers and by a vote of the AAC-NCDP General Body Membership. AAC- NCDP Elected Officers only vote as part of their County Caucuses. ARTICLE 8 - Removal from Office AAC-NCDP County Caucus Removal - An AAC-NCDP County Caucus can be removed by an affirmative vote of the Elected Officers for Cause. After a County Caucus has been removed for Cause that County's Caucus may appeal the ruling at the next General Body Meeting. An AAC- NCDP County Caucus can only be re-instated by an affirmative vote of Two-thirds (67%) percent of the attendees at a General Body Meeting. The AAC-NCDP County in question will not be allowed to participate in the voting. The County in question will be notified thirty (30) days in advance of the General Body Meeting to address their removal. The County in question will be given thirty (30) minutes to make their case. An Elected Officer of the AAC-NCDP will present the reasons for the County's removal. The only reasons for removing an AAC-NCDP County Caucus are as follows: AAC-NCDP BY-LAWS Page 15

16 1. At the request of the AAC-NCDP County's Caucus. 2. Gross violations of the AAC-NCDP By-Laws, The Plan of Organization of the North Carolina Democratic Party and Robert s Rules of Order. 3. The actions of the AAC-NCDP County Caucus has reflected negatively and brought disgrace and will - will on the State Caucus. Once an AAC-NCDP County Caucus is removed, the State Caucus will start immediately seeking individuals in that African American Community to start the process of rejoining the AAC-NCDP. AAC-NCDP Officer's Removal - Any AAC-NCDP Elected Officer may be recommended for removal from their office for cause by a vote of the Elected Officers and by an affirmative vote of two thirds (67%) of the Members in attendance at an official General Body Meeting of the Caucus. For an Elected Officer to be re-instated takes an affirmative vote of two thirds {61%) of the Members in attendance at an official General Body Meeting of the AAC-NCDP. An Officer may be removed for failure to perform the duties of the office to which they were elected; this includes failure to attend majority of AAC-NCDP Meetings. One of the AAC-NCDP Elected Officers in good standing with the organization will have fifteen (15) minutes to present the case for removal of the Officer in question. Before the vote is taken, the Officer in question will have fifteen minutes (15) to state why they should not be removed. This is required so that the AAC-NCDP General Body fully understands why and what they are being asked to vote upon. The same voting rules and regulations apply here as they would in a general election for AAC- NCDP Officers. Upon counting of the votes, the Secretary will announce the results, assuming that the Secretary is not the Officer in question. If the Secretary is the object of the vote, the Second Vice President will act as Secretary. Once the results are known, the Officer in question will return to full status in the Caucus or be replaced in accordance with the AAC-NCDP By- Laws. AAC-NCDP Member's Removal - Except for elected State AAC-NCDP Officers, an AAC- NCDP Member can only be removed by actions of their County Caucus. If an individual has joined the AAC-NCDP by direct registration where no County Caucus exists, their removal will fall under the same headings as Removal of an Officer. ARTICLE 9 Finances There will be no AAC-NCDP mandatory dues. There will be no charges or fees associated with the right to vote in elections and no restrictions on a member's participation in any activities of the AAC-NCDP. There will be no fees or dues assessed against County Caucuses to maintain their rights to full participation in any and all business and affairs of the Caucus. The only exception is the one ($1.00) dollar per member fee sent to the State Caucus by the County AAC-NCDP BY-LAWS Page 16

17 Caucuses for registration and recordkeeping. This fee may be waived by a vote of the General Body at an official AACNCDP Meeting. No County or Member is registered with the AAC- NCDP without the payment of this registration fee. The AAC-NCDP will keep ten (10%)) percent of all monies received for Administration Expenses. The AAC-NCDP may create and operate Fund Raising Events to provide for the needs of the Caucus. The monies are to be used for the care and upkeep of the recorded and reported at every meeting of the AAC-NCDP General Body. The AAC-NCDP will not place any financial requirements or restrictions, accept for the registration fees, on the County AAC-NCDP Caucuses. County Caucuses may collect and request voluntary dues in accordance with the AAC-NCDP By-Laws. The AAC-NCDP will not make or establish any rules of regulations concerning how County Caucuses handle their finances with the exception that the spirit and letter of the AAC-NCDP By-Laws and the Party's Plan of Organization are not violated. Because of the liabilities that may be inherited by the AAC-NCDP, an Audit will be ordered when there are any discrepancies in Caucus' Finances. An Audit will be conducted at any time when there is a simple majority vote of the General Body. An Audit will be ordered in the year 2010 to establish the state of Finances of the AAC-NCDP because of the violations of basic Financial Record Keeping. Audits are recommended at the beginning of each new administration and election cycle. ARTICLE 10 Quorum Before any official business can be conducted at any and all AAC-NCDP Meetings, a Quorum must be established. A Quorum for an elected Officer's Meeting is a simple majority of State Elected Officers. For General Body Meetings the AAC-NCDP Secretary and Parliamentarian shall work together to ensure that one-third (1/3) of all the registered Counties of AAC-NCDP are present and represented by at least one (1) of their members. The results of the Secretary's count will be announced along with the names of the attending County Caucuses. The Parliamentarian will announce the official opening of the AAC-NCDP Meeting and call the meeting to order. ARTICLE 11 - Committees No Committees of the AAC-NCDP shall be created without a stated purpose and benefit to the Caucus. All Named Committees will be established by the membership in a General Body Meeting of the Caucus. All AAC-NCDP Named Committees will be established and populated by a vote of the membership at a General Body Meeting. Once the purpose, responsibilities and name of the Committee are defined. Committee Members will be chosen by volunteering to serve. At the first meeting of the Named Committees, its members will elect a committee Chair and Secretary. AAC-NCDP BY-LAWS Page 17

18 The Named Committees will make an oral and written report at each and every AAC-NCDP General Body Meeting. The written report will be filed with the Secretary and made part of the minutes for that meeting. The Committee Secretary will be responsible for maintaining and keeping track of all Committee Reports and Activities and will be able, upon the request of the General Body, to produce any and all requested documentation. All Named Committee appointments and terms in office end with the election cycle and with the election o f a new Administration. ARTICLE 12 Grievance An AAC-NCDP Grievance does not exist until it is submitted in written form to the President and/or Secretary of the Caucus. The AAC-NCDP Officers will be the sole arbiter concerning Grievances brought to the attention of the State Caucus. A majority vote of the Elected Officers will decide the Grievance. The only exception is a Grievance against or concerning an Elected Officer. A Grievance against an Elected Officer may be appealed by that Elected Officer at the next General Body Meeting. Grievances against an Elected Officer at a General Body Meeting will be voted on under the same procedures set forth in the ARTICLE 8 titled Removal from Office". The AAC-NCDP General Body Membership will dismiss or take action on the Grievance by a simple majority vote. Dismissing the Grievance means no action will be taken and the Grievance is considered to never have existed. To take action means the General Body will instruct the Elected Officers to take specific actions to resolve the Grievance. ARTICLE 13 Elections AAC-NCDP Officer Elections are to be held every two (2) years in the odd numbered year. The President of the AAC-NCDP is empowered to appoint members to elected office with less than one (1) year remaining to be served and the order of progression is not enough to fill the vacancy. The Officers to be elected are: 1. President 2. First Vice President 3. Second Vice President 4. Third Vice President 5. Secretary 6. Treasurer 7. Parliamentarian AAC-NCDP Officer Elections shall be held in November prior to the even numbered year before taking office. The elected officers will take office on January 1, of the year following their election. Candidates must be given ample time for campaigning. No Proxy Voting is allowed at any AAC- NCDP Elections or Meetings. Election Voting is covered under the Organization ARTICLE 7 of the By-Laws. AAC-NCDP BY-LAWS Page 18