Bexar County Democratic Party

RULES OF THE BEXAR COUNTY DEMOCRATIC PARTY

Amended September 4, 2007

ARTICLE I – PREAMBLE

The Bexar County Democratic Party (BCDP) is all Bexar County Democrats. The County Executive Committee (CEC) is the BCDP’s governing body, consisting of the Democratic Party Precinct Chairs and the County Chair.

The Texas Democratic Party rules state, "The County Executive Committee may, by majority vote, adopt continuing rules for the conduct of its business, so long as they are not prohibited by law or are not inconsistent with these Party Rules. Such rules shall be filed with the State Chair."

To carry out the CEC's role in managing the party's affairs, to manage the Bexar County Democratic Party as a continuing organization, and to ensure continuity between terms, the Bexar County Democratic Executive Committee (CEC) establishes these continuing rules to provide for the conduct of the county party's business.

ARTICLE II – DEPUTY CHAIRS

A. At the first meeting of a CEC’s term, the seated Precinct Chairs of each County Commissioner’s precinct, as determined by the Bexar County Commissioners Court, shall elect from among their number one (1) individual to serve as that Commissioner Precinct’s Chair. This Chair will also serve as Deputy Chair to the County Chair and serve on the Executive Council.

B. If the County Chair is absent or unable to chair a meeting of the CEC, the Deputy Chairs will choose one (1) among them to substitute for the County Chair.

C. The Deputy Chairs will also coordinate communications among the Precinct Chairs of their Commissioner’s Precinct.

D. Procedure to Remove from Office:

1. Recall: A Deputy Chair may be removed from office for malfeasance, nonfeasance, or misfeasance, under the following recall procedure:

a. Upon submission of a recall petition signed by one-quarter (1/4) of the seated Precinct Chairs in that County Commissioner’s Precinct, of

b. Upon an accusation by the County Chair, who must document knowledge of malfeasance, or non-participation in the BCDP’s business for an extended period, the County Chair will give at least five days (5) written notice (excluding legal holidays) to the Precinct Chairs from that Commissioner’s Precinct to meet, naming the place, time, and purpose of the meeting and informing the Deputy Chair of the particulars alleged.

a. The quorum for such a meeting will be ten (10) Precinct Chairs.

b. Its first order of business will be to establish a roll and for the County Chair to cause the participants to elect a temporary chair from among them to chair the hearing.

c. Those making charges will present them and witnesses will be subject to questioning.

d. After a hearing the opportunity for defense, a majority of the Precinct Chairs present from that Commissioner’s Precinct may vote by roll call to remove and replace their Deputy Chair.

e. The results of this hearing will be submitted in writing and reported to the CEC.

3. Notice: The County Chair shall then send a notice of this result to the Deputy Chair within ten days (10).

E. Forfeit: Deputy Chairs who vacate their office as Precinct Chairs automatically forfeit their Deputy Office. A new Deputy Chair will be elected by the Precinct Chairs in that Commissioner’s Precinct at the next CEC meeting, by a majority of those present.

F. Redistricting: In the event redistricting moves a Deputy Chair out of his or her Commissioner’s Precinct, a new Deputy will be elected by the Precinct Chairs in that Commissioner’s Precinct at the next CEC meeting, by a majority of those present.

ARTICLE III – SECRETARY

A. The newly elected CEC, at their first meeting, shall elect a Secretary who shall serve for the full two-year (2) term of that CEC, or until a successor has been elected.

B. The duties of the Secretary at CEC meetings shall be to take roll, to keep the minutes of all CEC meetings, and to receive all reports presented at the meeting.

C. The Secretary will keep a permanent file of minutes which shall include all documents and reports presented at the CEC meetings, and attendance records; the master schedule of Bexar County Democratic Party events; and perform other duties placed upon the Secretary by the CEC, the Rules of the Democratic Party of Texas, or by the laws of the State of Texas.

D. Upon election, the Secretary shall designate one (1) person to be available to act as the Secretary in his or her absence. This appointment shall be reported and is subject to approval by the CEC at its next meeting.

E. The Secretary may be recalled by a majority vote of the Executive Council for specific reasons. Following the recall the CEC members must receive at least a five (5) day written notice that this action will be on the agenda at a regularly scheduled CEC meeting. The Secretary may be removed upon a vote of the majority of the CEC members present at that meeting.

ARTICLE IV – TREASURER

A. Nominations for Treasurer will be made to the Budget and Finance Committee before the first meeting of each newly elected CEC. The Budget and Finance Committee will report the names of all nominees when making their recommendation to the CEC.

B. The newly elected CEC will elect a Treasurer to take office not later than July 1st. The Treasurer shall serve for the full two-year (2) term of that CEC, or until a successor has been elected.

C. The Treasurer shall keep, or cause to be kept, an accurate record of all funds received and spent by the CEC; maintain and be a signer on all bank accounts of the BCDP; make timely reports to the Texas Ethics Commission and Federal Election Commission as required by law; and shall present or have presented a financial statement at all meetings of the CEC. The Treasurer will be named as Treasurer on all PAC’s.

D. Financial penalties for failure to make filings will be the sole responsibility of the Treasurer and will not be reimbursed by the BCDP without authorization by a majority vote of the CEC members present at a regular CEC meeting.

E. Upon election, the Treasurer will select one person to aid him/her and to provide back up in the event of illness. This appointment will be approved by the Budget and Finance Committee and reported to the CEC within thirty-days (30) of the Treasurer’s election. However, the County Chair shall be named as Assistant Treasurer on all PAC’s.

F. The Treasurer may be recalled for specific reasons by a majority vote of the Budget and Finance Committee. Following the recall, CEC members must receive at least a five (5) day written notice that this action will be on the agenda at a regular CEC meeting. After a hearing the Treasurer may be removed upon a vote of the majority of the CEC members present at that meeting.

ARTICLE V – EXECUTIVE COUNCIL

A. The Executive Council is composed of the County Chair and the four (4) Deputy Chairs, who shall be voting members; and the Secretary as a non-voting member. The Executive Council will conduct urgent legal and financial business, which may arise between CEC meetings, and make contracts, draft official communications and perform other business as resolved by the CEC.

B. All of the Executive Council’s actions will be recorded in minutes and reported to the CEC at the next meeting.

C. The decision to hold a Joint Primary Election does not fall under the Executive Council, but is reserved to the CEC.

ARTICLE VI – STEERING COMMITTEE

A. The Steering Committee is composed of the Executive Council, the SDEC Members from Bexar County, the Club Presidents (or a designee) of Democratic Clubs with twenty-five (25) or more members, the Secretary and the Treasurer.

B. The Steering Committee will compile the proposed agendas for all CEC meetings and do other advisory work.

ARTICLE VII – MEETINGS

A. All meetings of the CEC and its committees are open and shall be publicized on the BCDP master calendar, and shall be accessible to all.

B. Regular Meetings

1. Regular meetings of the CEC shall be held as required by the laws of the State of Texas. Special meetings shall be held either upon a call by the County Chair, or upon the written petition of fifty percent plus one (50% +1) of the qualified members (exclusive of vacancies) of the CEC presented to the County Chair. Regular Meetings of the CEC will be monthly on the first Tuesday of each month (unless this falls on an Election Day or legal holiday. when it will be called within one (1) week of that date).

2. Any legally required or specially called meetings may take the place of the regular monthly meeting in that month.

3. Notice of all meetings, regular or special, shall be given in writing to each member of the CEC and shall be mailed at least five (5) days before the day of the meeting. Should the County Chair fail to call a meeting within fifteen (15) days after a required meeting date, a majority of the Deputy Chairs may call the meeting. If the County Chair or the Deputy Chairs fail to call a meeting within sixty (60) days after a required date, then twenty-five percent (25%) of the Precinct Chairs may call a meeting with the notice requirement of such meeting, including an agenda of all business to be considered, be mailed to all members of the CEC at least fourteen (14) days prior to the date of the meeting and shall state the time, date, meeting location, and names of the persons issuing the call.

4. The CEC may establish an annual calendar of meeting dates.

C. Quorum – A quorum of the CEC is one-quarter (1/4) of the Precinct Chairs, excluding vacancies, except as otherwise required by statute or Party rules.

D. Agenda

1. The County Chair will consult with the Steering Committee before the meeting announcement is mailed to compile a proposed agenda for the CEC to accept or modify at the meeting.

2. The CEC is in control of its own agenda and will adopt it at the beginning of each CEC meeting. The only exceptions to this rule are such limitations as may be imposed by statute or Party rules, specifically the requirement that the agenda be published in advance for special meetings to replace a resigned, deceased or removed County Chair.

3. Items of statutory business and other special orders will be the first substantive business in the agenda.

4. Each agenda must include, but is not limited to, the following items: acceptance of Minutes of the previous meeting and Treasurer’s Report, Committee Reports, and New Business.

E. Rules of Order – All meetings of the CEC shall be conducted in accordance with the current edition of Robert’s Rules of Order Newly Revised unless otherwise required by these rules, by statute, majority agreement of the quorum, or by the Rules of the Texas Democratic Party.

1. The CEC has adopted this Special Rule of Order (under the terminology of Robert’s rules): The general limits on debate in the CEC’s meetings are that after the presentation of the motion, four (4) speakers for the motion and four (4) speakers against the motion will be heard, to be evenly divided among the four (4) commissioners’ precincts, and they will be limited to speak for two (2) minutes each. These limits apply except when either:

(a) The agenda adopted by the CEC allows longer times or more speakers for a particular item, or

(b) The CEC, by a majority vote, agrees to extend debate.

2. At the first meeting of each newly elected CEC, immediately after the election of officers, by special order the CEC shall re-affirm the current version of the Continuing Rules of the Bexar County Democratic Party.

3. The ranking of rules is in this order from the highest: Federal and State Laws, The Rules of the Texas Democratic Party, these Continuing Rules, and Robert’s Rules of Order.

ARTICLE VIII – COMMMITTEES

A. The BCDP shall have Standing Committees named in these Continuing Rules, and such other committees and sub-committees as may be approved by resolution of the CEC.

B. The charter of each committee, to include rules for establishing its membership and its area of authority, shall be set by these Continuing Rules or by a resolution of the CEC. A committee quorum is twenty-five percent (25%) of its voting members.

C. All Standing Committees shall be led by two (2) Co-Chairs, one of who must be a CEC member. The Co-Chairs shall be elected from that committee’s membership.

D. Membership on a Standing Committee shall include, but not be limited to, members of the CEC. Terms will coincide with the election cycle. All members of the BCDP are encouraged and welcome to serve on committees. Following the initial meeting of any committee, any member who subsequently joins must attend two (2) consecutive meetings before obtaining voting rights. All voting members will be reported to the Executive Council and an official roster will be kept by the Co-Chairs of each committee. If a committee member has two (2) consecutive unexcused absences, the member loses their voting rights until reinstated by attending two (2) consecutive committee meetings. All of these changes are to be reported to the Executive Council.

E. The term of a Standing Committee Chair shall be for the same full term of the CEC. If Chairs fail to call meetings or perform their duties they may be removed by a vote of the majority of the Executive Council. The County Chair shall be an Ex-Officio member of all Standing Committees. The County Chair may assign one of the Deputy Chairs as Ex-Officio member to monitor and report on each committee. The Deputy Chairs will represent their assigned committees on the Steering Committee.

F. Notice of committee meetings will be publicized and reported to the BCDP office.

G. The standing committees are:

Budget and Finance

Campaign

Communications

Election

Fund Raising

Precinct Chair Recruitment

Rules

H. The Standing Committees’ charters are as follows:

1. Budget and Finance Committee:

a. Members of this committee will be appointed and/or removed by the Executive Council and approved by a majority vote of the CEC at a regular meeting.

b. Any of the following shall disqualify a person from serving on this committee:

(1) Conviction for fiduciary malfeasance

(2) Nepotism, as defined by Texas law

(3) Financial interest in contracts with the BCDP

(4) Conviction for crimes of moral turpitude

c. The Budget and Finance Committee is responsible for reviewing and overseeing required FEC and Texas Ethics Commission filings, other state and federal financial filings, reconciliation of bank statements, and financial reports.

d. The Budget and Finance Committee will propose and monitor execution of a budget and perform other duties prescribed in these Continuing Rules or as required.

2. Campaign Committee:

a. Shall be responsible for candidate recruitment activities. Shall propose to the CEC a CountyParty campaign strategy, campaign budget, and campaign management in which roles and responsibilities will be assigned, and is responsible for monitoring progress and tactical direction of the campaign. The Committee shall be in charge of the Coordinated Campaign, including Get Out The Vote and political events in Bexar County. It may, with the approval of the CEC, solicit contracts with consultants or other agencies to perform specific campaign tasks; however actual expenditure of funds is the responsibility of the Executive Council.

b. This Committee should be composed of, but not limited to, at least one representative from each of the following political areas in Bexar County 1) County Commissioner Precinct, 2) Senatorial District, 3) State House District, 4) Congressional District.

3. Communications Committee shall be responsible for coordinating all public and media relations including, but not limited to, the Internet, voter guides, signage, fairs, festivals, and parades. The Secretary will be an Ex-Officio member. When needed, the Communications Committee will also assist with BCDP communications, and will work with any office staff for CEC communications.

4. Elections Committee:

a. Shall manage the mechanics of an election, such as recruiting, recommending, and training Primary Election Judges; poll watching; observing counting of ballots; and ensuring the Party abides by the Texas State Election Code and the rules of the Texas Democratic Party.

b. The Committee shall provide a “voting protection team” during elections to quickly investigate problems and to staff phones to quickly handle questions.

c. The Committee will represent voters to assure that every one is able to have easily accessible polling places; prevent intimidation of voters at the polls, and do everything possible to assure fair elections for all.

d. The Committee should be composed of at least one representative from each of the following political areas in Bexar County 1) County Commissioner Precinct, 2) Senatorial District, 3) State House District, 4) Congressional District.

5. Fund Raising Committee shall be responsible for raising the funds needed to finance the budget adopted by the CEC in consultation with the County Chair and Treasurer.

6. Precinct Chair Recruitment Committee shall recruit, train, and motivate Precinct Chairs. It shall recruit Precinct Coordinators (volunteers who wish to organize their precincts) for those Precincts lacking functioning Precinct Chairs. The Committee shall screen potential recruits for eligibility, report its recommendations for election as Precinct Chairs at each CEC meeting, and move acceptance of its reports at each CEC meeting which achieves a fifty percent plus one (50% + 1) quorum.

7. Rules Committee has the duty to clarify and interpret the Rules of the BCDP and other matters, which the CEC may refer to the Rules Committee. The Rules Committee will consider proposed changes to these Continuing Rules and will draft and recommend changes to the CEC. The Rules Committee will keep minutes and history reflecting the reasons for rules.

ARTICLE IX – ADMINISTRATION

A. Records

1. The Secretary is the custodian of all records of the BCDP including, but not limited to, meeting minutes, attendance records, committee reports, candidate filing forms, election returns, checkbooks, bank statements, accounting records, official correspondence, and contracts. The records shall be maintained by the Secretary in locations agreed upon by the County Chair and Secretary. These records shall be available for inspection by any member of the BCDP.

2. A current record of the Precinct Chairs, with contact information, shall be maintained by the Secretary and available to the CEC and for public access on the BCDP website.

3. Physical, non-consumable property owned by the BCDP will be marked as such. Any leased or loaned property will also be prominently marked as such and an inventory will be maintained of all items listed.

4. Standard accounting principles will be applied to all physical inventory and records retention.

B. Finances

1. All money received for the BCDP shall be deposited to an account of the BCDP with a financial institution chosen by the Budget and Finance Committee in an account approved by the CEC. Only the County Chair, with prior authorization of the CEC, shall open a bank account in the name of the BCDP. The number of accounts will be kept to the absolute minimum required by Federal and State law.

2. Signatories for checks will be the County Chair, Treasurer, and the Secretary. Checks for expenditures in amounts exceeding $1,000.00 require two (2) signatures of which one must be that of the County Chair.

3. In the event of the disability or extended absence of the County Chair, one of the Deputy Chairs (who shall jointly choose one (1) of their number) will temporarily substitute for the County Chair as signatory.

4. The CEC will approve by resolution the signers on the BCDP’s bank accounts.

5. A paper record will be maintained for cash receipts or expenditures.

6. The CEC shall have a fiscal year commencing on July 1st and ending on June 30th of the following year.

7. Budget

a. A budget covering operational costs shall be proposed by the Budget and Finance Committee, presented by the County Chair at the May meeting and adopted, after review by the CEC, at the June meeting. Adoption of the budget shall constitute authorization to spend up to the amount specified for each category of expenditures. The budget may be amended or supplemented by action at a CEC meeting.

b. For each general election campaign season, a campaign sub-budget shall be proposed by the Campaign Committee, processed through the Budget and Finance Committee, and presented to the CEC for approval. This sub-budget will be a living document, and the Campaign Committee will propose amendments to it, as circumstances require. The Budget and Finance Committee will recommend whether a separate BCDP campaign bank account should be approved.

c. A special budget proposed by the Primary Campaign Committee for the Primary Elections shall be established separately and approved by the CEC prior to the first filing date set by the Secretary of State. As required by law or state administrative regulation a separate BCDP primary fund bank account will be established in an account approved by the CEC and all primary fund money from the state will be deposited into this account.

8. At their first meeting, the newly elected CEC members shall review and ratify all reasonable and necessary expenditures on behalf of the CEC made through the date of such first meeting. The County Chair is authorized to make all reasonable and necessary expenditures to maintain operations between commencement of the new fiscal year and the first meeting of the new CEC subject to the direction of the old CEC and the concurrence of the new Executive Council. (Refer to Article V)

9. The CEC must approve all leases of real property. Where feasible, all leases of real property will be timed to coincide with the BCDP’s fiscal year and should not end until at least one (1) month after the beginning of a new term of the CEC.

10. Leases and other contracts for terms longer than five (5) months at amounts greater than $500 per month, or for more than $5,000 total, or any contracts extending past the end of the fiscal year, require both budgetary approval by the CEC and specific approval by the Executive Council before the County Chair or other authorized Officer shall execute any such contract.

11. The Budget and Finance Committee will oversee all monetary obligations, fund-raising events, special events or commitments sanctioned by the CEC. Any BCDP funds advanced to pursue or underwrite any event must be reimbursed to the appropriate BCDP accounts. The Budget and Finance Committee will report the outcome of these events to the CEC no later than the next regularly scheduled CEC meeting following the event.

12. When single items of income of $5,000 or more, or greater than twenty-five percent (25%) of funds on hand are received all members of the Executive Council and the Budget and Finance Committee must immediately be informed, and the fact must be reported to the CEC at its next meeting. If the Party has more than one bank account, and the issue is not already decided by CEC policy or law, the Executive Council will decide into which account such funds will be deposited.

13. When the un-reserved money on hand is less than the total budgeted to be spent for a period r a purpose, decisions must be made as to which budgeted items will be funded or partially funded. The Executive Council will make these funding decisions after considering advice from the Budget and Finance Committee, bearing in mind any priorities set by the CEC. Such decisions will be reported to the CEC at its next meeting.

14. The Budget and Finance Committee may recommend, and the CEC may adopt, policies creating financial reserves for specific purposes (for example, to pay the rent on the headquarters). These policies will cover both the accumulation and the disbursement of such reserves. Such policies will be enforced under law, as well as, by the CEC, and the Officers of the BCDP have a positive obligation to enforce such policies.

15. The BCDP will not become an agent for a pass-through of money earmarked by a giver to be passed to a specific recipient or candidate’s campaign, or for an activity not previously budget by the CEC. No donation will be accepted if it contravenes this paragraph.

16. The BCDP will not go into debt by either borrowing money or making campaign expenditures, which cannot be covered by money on hand.

C. Transition – A joint physical inventory of property and records by incoming and outgoing officers is required for each transition of Party Officers. A financial audit will be performed by the incoming Budget and Finance Committee, to be initiated not later than June 30th after each Primary Election.

D. Legal:

1. No person will engage in legal action on behalf of the BCDP without authority from the CEC.

2. The CEC has final determination as to any litigation or any negotiation with respect to any legal activity.

3. The Executive Council shall manage the daily legal business of the BCDP, dealing with attorneys and consulting the Budget and Finance Committee Co-Chairs regarding financial impact. However, the CEC must approve all material measures.

4. This section does not prevent the County Chair from performing duties required by the Texas Election Code.

ARTICLE X – CLUBS AND ORGANIZATIONS

The Bexar County Democratic Party supports and encourages the formation of affiliated Clubs and other Organizations. However, these Clubs and Organizations have no official capacity except as specified under these rules and will at no time represent themselves as the Bexar County Democratic Party.

ARTICLE XI – AMENDMENT

A. Amendments to these rules may be proposed in writing to the Rules Committee by any CEC member. Within thirty-days (30) the Rules Committee, by committee majority vote, will draft changes and may or may not recommend such amendments to the CEC. The Rules Committee’s report will be provided to CEC members in writing at one CEC meeting, and will be voted on at the next CEC meeting. The CEC may adopt amendments by majority vote of the members present at the meeting.

B. After amendment these Continuing Rules must be recorded with the State Party in accordance with State Party Rules. It is the joint responsibility of the County Chair and Secretary to ensure they are so recorded and to report the accomplishment of this task at the next CEC meeting.