Executive Committees — General
1. The provisions of this Article shall apply to Executive Committees of each Party unit, including county, Congressional District and State.
2. The Executive Committee shall be vested with all powers and authority to conduct the affairs of its respective Party unit until the close of the regular unit convention next following the election of the members of the Executive Committee.
3. The Executive Committee shall elect its own officers.
4. The members of the Executive Committee shall hold office for four years or until their successors are chosen.
5. Vacancies on the Executive Committee may be filled by majority vote of the members present and voting at a duly called or regularly scheduled meeting not less than thirty (30) days after notice of the filling of vacancies is given.
6. The seat of any member of any Party unit Executive Committee shall be declared vacant by a two-thirds vote of those members present and voting at any regularly scheduled or called meeting of the Executive Committee upon the happening of one of the following:
a) It is brought to the attention of the Executive Committee in writing that a Committee member has missed three or more consecutive regular meetings of the committee.
(b) It is brought to the attention of the Committee that a Committee member is publicly, actively or financially supporting the candidacy of any person not running as a Democrat, except in non-partisan elections;
(c) Malfeasance, misfeasance or nonfeasance in office;
(e) Death of a member;
(f) If a member moves his/her legal residence from his/her duly elected District, he/she may be replaced.
7. Provided that before the seat of any Committee member is declared vacant all members of the Executive Committee and the accused member whose seat is proposed to be vacated shall be given thirty (30) days written notice specifying the cause or causes in reasonable details to time, date, place, accusers and witnesses thereof. The accused member whose seat is proposed to be vacated may make a written request for a hearing before the Executive Committee, any time within the first twenty (20) days of such notice, but the written request for hearing shall be received by the Secretary of the Committee and a copy thereof by the Chairperson of the committee not later than ten days prior to the date set for such meeting of said Executive Committee. If such written request for a hearing before the Committee is so received, then in that event, the Committee shall grant a reasonable period of time during such meeting before the Executive Committee shall take final action thereof. If no hearing is requested within such period of ten (10) days prior to the scheduled meeting, it shall be deemed acquiescence by the accused member to the Executive Committee’s proposed declaration of vacancy and the accused member’s vacancy shall take effect upon approval of two-thirds of the membership present and voting of the Executive Committee.
8. Any hearing held pursuant to this Article shall be private or public at the discretion of the accused member. The Committee and the accused member may be represented by legal counsel at their own expense, and such counsel may examine and cross-examine witnesses and present arguments. All guidance thereof shall be under the authority of the Chairperson with the consent and advice of the Parliamentarian. The Committee shall first present evidence to sustain the grounds for vacating the Committee member’s seat and then the accused member shall present his or her evidence in defense. The accuser and the accused may then present rebuttal evidence. The vacating of a member’s seat shall be based upon substantial, competent and reasonably prudent evidence. All witnesses shall be sworn upon oath to be administered by the Presiding Officer of the Executive Committee. If requested, either by the accused member or the Committee, a Court reporter to record the proceedings at the hearing shall be obtained upon due and proper filing of cost bond therefore, and a transcript thereof may be purchased at their own expense. The Committee shall issue its decision and order in writing. If the Committee orders the seat vacated, its decision shall include the findings of fact based upon the evidence presented and shall be served upon the accused member together with its order vacating the seat within ten days after the conclusion of the hearing, by U.S. Postage Prepaid Mail, at the accused member’s usual mailing address. If the decision of the Committee is favorable to the accused member, the proceedings shall be dismissed and the decision of dismissal entered into the Committee’s minutes.
9. All meetings of the Executive committee shall be open to the public except by majority vote of the members present and voting of the Committee to go into Executive Session.
10. Meetings of the Executive Committee may be called by the Committee Chairperson or by twenty-five (25) percent of the membership of the Committee. Written notice of the calling of Executive Committee meetings shall be mailed to all Committee members at their last known mailing addresses not less than ten (10) nor more than twenty-one (21) days prior to such meetings except in emergencies whereupon the written notice and time requirements may be waived. The notice shall specify the time and place of the Executive Committee meeting and contain an agenda.
11. A quorum for any Executive Committee meeting shall consist of thirty-five percent (35%) of the members of said committee.
12. Upon leaving office, each party officer or employee shall turn over all Party records, books, finances, and other properties of the Executive Committee to his or her successor or to the Executive Committee itself.