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OKGOP Barred From Suspending Rules In Their Effort To Throw Out Rules

4/2/2019

Comments

 
  The State GOP Chairman, Pam Pollard, is attempting to suspend the party bylaws in her effort to push through votes on several fundamental changes in how the OKGOP is structured, led, and what role ordinary citizens can have, in the political process.
  She failed to give the mandated 10 days notice of the amendments which county Republican Conventions have produced. Some of those county amendment proposals weren't even created until 6 days before the state convention. Roberts Rules of Order states that this rule cannot be suspended.
  The Oklahoma Republican Party has a charter document with a stipulated organization and permanent bylaws. Those bylaws state:  "Matters not covered by Rules:
​All question of procedure and other matters affecting the Oklahoma Republican Party, or any of its organizations, unit meetings, or conventions, which are not specifically covered in these rules shall be governed by Robert’s Rules of Order, Newly Revised, and the law of the State of Oklahoma, whichever may be applicable."
 The Central Committee of the OKGOP is advocating a fundamental violation of our state Party's Charter. The State  Chairman is encouraging the delegates to suspend rules which cannot be suspended lawfully.
​ Unless the convention rejects this effort, lawsuits are inevitable.
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Roberts Rules of order states that the fundamental bylaws of the party cannot be lawfully suspended. Not with 2/3 vote of approval, and not even with 100% approval. One party member can seek damages and an injunction on the party's operations while the courts sort out the matter.
Here's the way Roberts Rules Online, states the matter..
When a society is incorporated the charter may take the place of the constitution, and in such a case the by-laws would contain all the rules of the society, except those in the charter that cannot be changed without previous notice. The by-laws should always provide for their amendment as shown in 68, and also for a quorum,64. If it is desired to permit the suspension of any by-law it should be specifically provided for. By-laws, except those relating to business procedure, cannot be suspended, unless they expressly provide for their suspension. By-laws in the nature of rules of order may be suspended by a two-thirds vote, as stated in 22.

Here's what Wikipedia sources say on this matter...
Rules that cannot be suspended
Rules which embody fundamental principles of parliamentary law or require a ballot vote and rules protecting absentees or a basic right of the individual cannot be suspended, even by unanimous vote. Thus, the rules cannot be suspended to allow non-members to vote; to authorize absentee or cumulative voting; to waive the requirement of a quorum; or to waive the requirement for previous notice for a bylaws amendment. Moreover, the rules cannot be suspended to take away a particular member's right to attend meetings, make motions, speak in debate, and vote; these can only be curtailed through disciplinary procedures.
  • Three of the major parliamentary authorities: Robert's Rules of Order Newly Revised, The Standard Code of Parliamentary Procedure, and Demeter's Manual — all agree that provisions in the bylaws that do not relate to parliamentary procedure may not be suspended.Demeter notes how this plays into the reality of parliamentary situations:
  • Bylaws cannot be suspended even by unanimous vote. But sometimes circumstances, expediency or strong assembly determination in behalf of a cause or proposition make violations necessary. In all such cases of violations, the action taken is illegal per se; but if no one objects at the time, or never challenges it at any time thereafter, a violation never challenged is never a violation.
  • Similarly, Mason states: It has been held that public bodies can adopt rules, even by majority vote, that cannot be suspended or amended without a two-thirds vote, but it is also held by the courts that actions, taken in violation of procedural rules of parliamentary law and of adopted rules, are valid nevertheless, since failure to conform to the rules of this class suspended them by implication.​ The action is still illegal if it violated a mandatory constitutional provision, since a legislature cannot suspend the constitution​
Roberts Rules of Order governs all business which is not stipulated by the OKGOP Bylaws, themselves. So the fact that our bylaws require 10 days notice of amendment proposals, takes precedent. 
 Here's what the OKGOP Bylaws say about the proper way to propose an amendment to the party's governing bylaws.

Rule 20- Applicability, Effectiveness, and Amendment of Rules
....

(c) Matters not covered by Rules: All question of procedure and other matters affecting the Oklahoma Republican Party, or any of its organizations, unit meetings, or conventions, which are not specifically covered in these rules shall be governed by Robert’s Rules of Order, Newly Revised, and the law of the State of Oklahoma, whichever may be applicable. 

(d) Effective Date of Rules, Amendments, or Changes: Any amendments or changes to these rules shall become effective immediately upon adjournment of the State Convention or State Committee meeting which adopts them. This, however, shall not invalidate any actions taken under the previous rules.

(e) Amendment of Rules by State Convention: These rules may be amended and changed by a majority vote of any State Convention by either of the following methods:
(1) Amendment must first be submitted to the State Executive Committee, which shall, with or without recommendation, include a copy of the proposed change in the Call authorized in Rule 16 (c); 

(2) Amendment proposed by a vote of a County or Congressional District Convention shall be submitted to a vote at the next succeeding State Convention if filed with the State Chairman within five (5) days after adjournment of said County or Congressional District Convention. Notice of amendments proposed by a County or Congressional District Convention shall be given by the State Chairman by written or electronic notice to the Chairman of each County delegation, or if no other delegation chairman has been designated, to the County Chairman, at least ten (10) days prior to said State Convention.
​Any failure of a state convention to take due parliamentary action on a county’s or district’s proposed amendment at the state convention shall result in the same amendment being first order of business at the next state convention.
Any failure by any county, district, or state leader to present an amendment passed by a county or district convention shall be deemed a Rule 3(a) violation of a sacred and inviolate right of party participation. 
​
(f) Amendment of Rules by State Committee: These rules may also be amended and changed by the State Committee, provided a majority of the entire committee is present, by a vote of two-thirds (2/3) of the members present and voting at the committee meeting called pursuant to ten (10) days written or electronic notice to all members of the State Committee stating the purpose of the meeting with a copy of the proposed amendment or amendments to the rules; and provided further, that any amendment to these rules by the State Committee which in any way affects the allocation or method of selection of delegates to conventions, the frequency or method of call of conventions, the composition of the State Committee, or the method for amending these rules shall be subject to the approval or disapproval as a whole by a majority vote of the next State Convention and shall not take effect under Rule 20 19(d) until adjournment of said State Convention. 
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    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

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