By-Laws
RULES AND REGULATIONS OF
DEMOCRATIC COUNTY COMMITTEE
OF
DELAWARE COUNTY, NEW YORK
Cynthia Lockrow, Chair
Dawn Rivers Baker, First Vice-Chair
Tom Schimmerling, Second Vice-Chair
Lisa Tait, Secretary
Andrea Paternoster, Treasurer
Every four years, within three months following the gubernorial election, the Secretary will calculate the ratio of the party vote in each election district in the county to the overall party vote in the county in order to determine whether it is incumbent upon the committee to add members pursuant to Article II, Section (a) of these by-laws. One committee member shall be added to any election district upon that election district’s proportional share of the vote reaching 2% and a second committee member shall be added to any election district upon that district’s proportional share of the vote reaching 3%.
Section (b) QUALIFLICATIONS OF MEMBERS OF THE COMMITTEE
Each member of the Democratic County Committee shall be an enrolled voter of the party and a resident of the town in which elected.
Section (c) VACANCIES
Vacancies in the office of committee member shall be filled as provided in the election law.
Section (d) ATTENDANCE All committee members shall attend at least one duly called meeting per year—either in person or by proxy.
No Executive Committee member shall miss more than three consecutive duly called committee meetings during the year without a valid excuse approved by the committee officers: Chair, Vice-Chairs, Secretary and Treasurer. In cases of emergency, the Chair may waive this requirement at his/her discretion. A year shall constitute a twelve month period from September to September.
After missing two consecutive meetings, the officer shall be notified in writing by the Secretary that another absence will place him/her in violation of this section. After such notification, the officer shall reply in writing.
Section (b) Members of the executive committee present shall constitute a quorum at any meeting.
Section (c) In cases of emergency or urgency, a telephone poll of executive committee members may take the place of a regular meeting. After a simple majority of the members of the executive committee reach agreement, no further calls will be required.
Within 10 days after the primary election in odd numbered years, each Town Committee shall convene and organize by the election of officers. The meeting shall be called by the retiring Town Chair who has been re-elected a committee person. In cases where the Town Chair has not been re-elected, the meeting shall be called by a committee person designated by the County Chair or Secretary. Within three days thereafter, the chair of the town committee shall mail to the chair of the County Committee a list of the officers of the town committee with their addresses and telephone numbers.
It shall be the duty of the town committee to have general management of local party matters within the town. It shall be the duty of the Chair of every town committee to keep members of his/her committee up-to-date on matters concerning the town and/or county committee. It shall further be the duty of the town chair to distribute within his/her town all correspondence received from the County Chair and as directed by him/her.
Section (b) Whenever there shall be filed with the secretary of the County Committee a request in writing signed by at least fifteen members requesting a meeting, the County Chair shall call such meeting within ten days of receiving the request. After suitable time and place are designated, the secretary shall forthwith give written notice to each committee member at his/her last known post office address. Notice shall specify the purpose of the meeting, time location, and any other pertinent information.
Section (c) In the event that the office of secretary is vacant, request shall be filed with the county chair. If the chair position is vacant, then notice shall be filed with the first vice-chair, or second vice-chair if the first vice-chair is not available.
It shall then be the duty of the officer receiving the request to give notice of such meeting to be held in the manner prescribed above.
Section (b) First Vice-Chair—In the absence or disability of the chair, or when the position is vacant, the First Vice-Chair shall perform all duties of the Chair, except as herein otherwise specified.
Section (c) Second Vice-Chair—In the absence or disability of both the Chair and the First Vice-Chair, the Second Vice-Chair shall perform all duties of the Chairperson, except as herein otherwise specified.
Section (d) Both the First and Second Vice-Chairs shall chair special committees as the need arises and as requested by the Chair or voted upon by a quorum at a duly called meeting of the County Committee.
Section (e) SECRETARY—The secretary shall keep a full and accurate record of the proceedings of the meetings of the County Committee and enter the same in a book provided for that purpose, and perform other duties which properly belong to that office or may be authorized from time to time by the committee. Upon expiration of his/her term of office, the secretary shall deliver to the incoming secretary, the aforementioned record book along with all other records and papers belonging to the committee.
Section (f) TREASURER—The Treasurer shall receive and safely keep all funds belonging to the County Committee, and pay expenses as directed by the Chair or as voted on at a duly called meeting of the County Committee. The Treasurer shall make and file an annual report for the calendar year with the Secretary of the Committee. At the expiration of the Treasurer’s term of office, he/she shall file a report of all receipts and disbursements on behalf of the committee, and shall also make other reports from time to time as requested by the County Committee. If the treasurer is incapacitated or otherwise unavailable, the County Chair may sign checks and make payment on bills due. The vice-chairs shall conduct an annual audit of the books between September and September of each year.
Section (b) If a Chairperson of any Town Committee is unable to attend a duly called meeting of the Executive Committee, he/she may appoint as proxy any other regularly elected member of his/her Town Committee, or another member of the Executive Committee.
SAMPLE PROXY
PROXY
I,___________________________, a member of the town of ____________________________ Democratic Committee hereby grant my voting rights for the County Committee Meeting on _______, 20__ to______________________________, who is a member of the committee from__________________
Signed______________________Dated______________
The foregoing rules and regulations should be read in connection with Article 2, sections, 2-104 and 2-106 of the Election Law. Matters relating to party organization covered by Election Law are not repeated in these rules. The law and these rules should be read together. These rules are intended to cover matters not provided for in the law.
§ 2-104. County committee; creation.
1. The county committee of each party shall be constituted by the election in each election district within such county of at least two members and of such additional members, not in excess of two, as the rules of the county committee of the party within the county or the statement filed pursuant hereto may provide for such district, proportional to the party vote in the district for governor at the last preceding gubernatorial election, or in case the boundaries of such district have been changed or a new district has been created since the last preceding gubernatorial election, proportional to the party vote cast for member of assembly or in the event there was no election for member of assembly, then proportional to the number of enrolled voters of such party in such district on the list of enrolled voters last published by the board of elections, excluding voters in inactive status. In a county in which no additional members are provided for by the rules of the county committee or the statement filed pursuant hereto the voting power of each member shall be in proportion to such party vote or, if the election district which such member represents was created or changed since the last election for member of assembly, proportional to such party enrollment. In a county in which additional members are so provided for, on the basis of the party vote or enrollment in election districts within such county, each member shall have one vote. Each member of a county committee shall be an enrolled voter of the party residing in the county and the assembly district from which or in the assembly district containing the election district in which such member is elected except that a member of a county committee who, as a result of an alteration of assembly district lines, no longer resides within such assembly district may continue to serve for the balance of the term to which he was elected.
2. If, pursuant to section one of article thirteen of the constitution, such committee or a state convention of the party shall provide by rule for equal representation of the sexes on such committee, the rules of such committee relative to additional members, either from election districts or at large, shall be formulated and applied in such manner that the whole membership shall consist of an even number, equally divided between the sexes. When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.
3. Notwithstanding the provisions of subdivision one of this section, a county committee of a party shall be legally constituted if twenty-five per centum of the committeemen required to be elected in such county, as provided in subdivision one of this section, have been elected.
§ 2-106. State and county committees; election of members.
1. Members of the state and county committees shall be elected at the primary election as herein provided.
2. Members of the state committee shall be elected biennially.
3. Members of county committees shall be elected biennially, except that to effect a transition from either odd to even or even to odd number year elections, a county committee may provide by an amendment to its rules filed with the board of elections at least four months before the date of the primary election at which the two year term of such committee is expiring, that the committee elected at such election shall be elected for a single, interim one-year term for members of such committee. No committee may effect such a change in the year of election more than once every ten years.
4. Members shall hold office until the next election at which members of the committee are elected.
Section (b) State Committee Rules: Any action required to be taken by the Democratic party of Delaware County which is not provided for by these Rules shall be governed by the Rules of the NYS Democratic Committee and the NYS Election Law.
