Resolution on amendment of the Charter of Democrats Abroad Proposed by Joseph Smallhoover (France) WHEREAS, the Charter of Democrats Abroad requires a number of housekeeping amendments;
NOW THEREFORE BE IT RESOLVED, that the Charter of Democrats Abroad be amended as per the attached marked copy of the current Charter and the Riders attached thereto;
Proposed: March 23, 2017
RIDER 1
When acting in their official capacities, or in the event of the appearance thereof, the officers and members of the DPCA and its constituent bodies shall refrain from commenting in the media or otherwise publicly on the politics or policies of a host country or on the foreign policy of the United States with respect to a host country except for compelling reasons, and in any event shall preface any such comment as being their own opinion and not that of the Democratic Party or of the DPCA, unless either of the latter shall have adopted an official position on the question commented upon.
RIDER 2.4
In the event of the removal of the Chair, Vice Chair or Voting Representative of a Country Committee, such removal shall only result in removal from membership in the DPCA and shall not effect the member's position within the Country Committee in question; based on the removal, under the guidance of the Regional Vice Chair and International Counsel, the Country Committee should take whatever action it deems appropriate and in conformity with its charter and bylaws to remedy the issues that resulted in such removal, including the removal and replacement of the DPCA member in question.
RIDER 3.7
No proxy may be transferred or subdelegated by a proxyholder to another member for whatsoever reason unless the initial proxy specifically permits such transfer or subdelegation.
RIDER 6.2
In order to promote the development of Democrats Abroad within the Regions, the position of Regional Vice Chair shall rotate among the Country Committees such that it shall not be held by a member of Democrats Abroad from the same Country Committee for more than two consecutive terms, unless there is no candidate for the position from a different Country Committee.
Democrats Abroad Charter
Article One: Name; PurposeDemocrats Abroad, also known as the Democratic Party Committee Abroad ("DPCA"), is the organization that represents all United States citizens residing outside the United States who
wish to adhere to the principles and
wish to further the aims of the Democratic Party of the United States of America. The organization is recognized by the Democratic National Committee ("DNC") as the equivalent of a
U.S. State
Democratic Party
Committee.
Democrats Abroad is a non-profit association organized and operating under the
Uniform Unincorporated Nonprofit Association Act of 2000, D.C. Code ยงยง 29-971.01,
et seq. Democrats Abroad's principal place of business is and will remain the District of Columbia.
For administrative purposes, Democrats Abroad is divided into Country Committees and Regions comprised of the members from within each such country and Region.
Membership in Democrats Abroad is open to all citizens of the United States of voting age (or who will be such before the next Federal election) who have declared themselves to be Democrats. Members of Democrats Abroad may also be members of a local
DemocraticDemocrats Abroad Country Committee or organizing committee existing in the respective country or defined geographic area in which such member resides or works.
Neither Democrats Abroad nor any of its constituent units may participate in the political activities of any country other than the United States of America.
When acting in their official capacities, or in the event of the appearance thereof, the officers and members of the DPCA and its constituent bodies shall refrain from commenting in the media or otherwise publicly on the politics or policies of a host country or on the foreign policy of the United States with respect to a host country except for compelling reasons, and in any event shall preface any such comment as being their own opinion and not that of the Democratic Party or of the DPCA, unless either of the latter shall have adopted an official position on the question commented upon.Article Two: Democratic Party Committee Abroad Section 2.1 (Duties and Responsibilities)The
Democratic Party Committee AbroadDPCA is the highest authority of Democrats Abroad and shall have general responsibility for the coordination and furtherance of the work and purposes of Democrats Abroad, including the Regional Committees and the Country Committees provided for below, and shall perform generally the functions of a State Democratic Party Committee, subject to the provisions of the Charter and Bylaws of the Democratic Party of the United States of America, the resolutions and other actions of the DNC, this Charter, and any Standing Resolutions of the DPCA.
In discharging its operating responsibilities, the DPCA shall:
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- No member of the DPCA may vote in more than one capacity (e.g., DPCA officer, DNC member, Country Committee Chair, or Voting Representative) in any vote taken under this Charter; proxyholders may exercise their proxies without violating this subsection.
- Any eligible voter may cast a vote by written proxy on any specified item on the agenda of the meeting.
- (b) Any eligible voter may cast a vote by written proxy on any specified item on the agenda of the meeting. A remote vote may also be cast by electronic means, which term shall mean wherever used in this Charter
a personally verifiable method that can be reduced to written form or (ii) a voice communication received by a DPCA officer. - (c) Voting by proxy shall be permitted, subject to the limitations set out in this Charter. Proxies shall be in writing; shall name the person to whom the proxy is given; may be either general or limited to specific issues; may be either instructed or uninstructed. Proxies given as described below shall be notified to and received by the International Secretary at least three (3) days before the relevant meeting. No proxy may be transferred or subdelegated by a proxyholder to another member for whatsoever reason unless the initial proxy specifically permits such transfer or subdelegation.
- (d) The vote of a DPCA member may not be divided among multiple proxyholders. Proxies shall be given for the full vote of a DPCA member. If a proxyholder cannot accept a full proxy due to the limitations imposed by Section 3.6(e) or Section 3.7(g), the International Secretary may assign a proxy of partial voting weight.
- (e) General proxies may be given by:
- A Country Committee Chair, Vice Chair, or Voting Representative to: a member of the same Country Committee or a DPCA member of the same Region;
- DNC member (elected by Region) to: a DPCA member of the same Region;
- DNC member (elected at large) to: any DPCA member;
- DPCA officer to another member of DPCA.
- A proxy vote may be cast by a member of a Country Committee only if any member of such Country Committee has attended one (1) of the three (3) DPCA meetings held immediately preceding the DPCA meeting at which such proxy vote is to be cast.
- No personmember may hold more than fourthree (43) proxies.
- A proxy may be revoked in writing at any time priorby notice to the call to order of a meetingInternational Secretary.
- If during the course of a meeting of the DPCA, a person duly recorded during the roll call as present must leave the meeting, temporarily or permanently, such person may give another participating DPCA member a written proxy for the meeting valid for the duration of the absence or for the duration of the meeting concerned.
- A member of the DPCA holding two (2) positions may not issue a proxy with respect to more than one (1) such position if such member is absent from a meeting; if such member attends a meeting such member may issue no proxies, except where the member issues a proxy pursuant to the previous paragraph.
- Any rules on the treatment of proxies included in Democrats Abroad's Delegate Selection Plan will override the provisions in this Section for the purpose of that Plan.
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However, if there is no other candidate for any position, a candidate who would otherwise be ineligible under the previous sentences of this Section 4.1 may be elected.
The Executive Committee shall be comprised of these eight (8) elected officers of the DPCA.
Section 4.2 (Election)The officers other than the Regional Vice Chairs shall be elected at the first meeting of the DPCA held in odd-numbered years, to serve for a term of two (2) years or until their successors have been elected. Election shall be by majority of the votes cast by Country Committees and the members of the DNC representing Democrats Abroad, subject to the provisions of Section 3.6.
The Regional Vice Chairs shall be elected pursuant to Section 6.2.
No person may serve in the same office for more than two (2) consecutive full terms. In the event that there is no candidate for a DPCA Executive Committee office, an officer who has served two (2) consecutive terms in that office may be elected to a third term of that office by a two-thirds (2/3rds) majority vote pursuant to Section 4.1.
Section 4.3 (Nominations)Prior to the election meeting, the International Chair shall appoint, after consultation with the Executive Committee, five (5) members of Democrats Abroad as an Elections Committee, at least three (3) of whom shall not be members of the DPCA. It shall be the duty of the Elections Committee to call for nominations for officers and to determine which individuals whose names are submitted for nomination are qualified (as per Section 2.4(b) of this Charter) to fill DPCA offices. Members of the Elections Committee shall not be candidates for nor be elected to office. The names of the qualified individuals placed in nomination with the Elections Committee shall be forwarded in writing to the International Chair and other members of the DPCA by the Elections Committee, after their qualifications have been determined, at least forty-five (45) days in advance of the scheduled election meeting of the DPCA. Nominations of qualified candidates for office may be made from the floor at the election meeting. The elections shall be conducted by the Elections Committee.
Section 4.4 (Gender Balance of International Chair and International Vice Chair)The International Chair and International Vice Chair shall be of opposite sex, and shall be from different Country Committees.
Section 4.5 (Replacement)In the event of a vacancy
other than of the position of International Chair or Vice Chair, including the resignation or removal of an officer in accordance with Section 2.4, the Executive Committee of the DPCA shall proceed immediately with the election of a replacement, subject to confirmation at the next meeting of the DPCA, where nominations shall be taken from the floor. If the Regional Vice Chair is being replaced, then the replacement shall be confirmed by the
regionRegion at their next regular meeting. The person elected shall serve out the balance of the term. For the purposes of the last sentence of the first paragraph of Section 4.2,
a personany officer elected to serve out the balance of a term for a period of less than 365 days shall not be deemed to have served a full term.
Section 4.6 (Responsibilities of the International Chair)The International Chair shall be responsible for the carrying out of the programs and policies of the Democratic Party and Democrats Abroad. The International Chair shall preside at all meetings of the DPCA, establishing its agenda, and implementing its decisions. Following consultation with the Executive Committee, the International Chair may appoint deputies or assistant officers (such appointments shall be promptly notified to the DPCA) and conduct the day-to-day business of Democrats Abroad. The International Chair shall be the chief spokesperson for the organization. The International Chair may, after consultation with the Executive Committee, create or terminate committees and determine their composition and purpose. The International Chair shall
ex officio be a non-voting member of all committees.
Section 4.7 (Responsibilities of the International Vice Chair)The International Vice Chair shall replace the International Chair whenever the latter is absent or is incapacitated, and shall have such other duties as may be prescribed by the International Chair.
Section 4.8 (Responsibilities of the International Secretary)The International Secretary shall keep minutes of DPCA meetings (taking particular note of all Standing Resolutions) and Executive Committee meetings, circulate minutes and records of action to members, be responsible for maintaining all the administrative files and records and membership lists and databases of the DPCA and Democrats Abroad, and perform such other duties as may be prescribed by the International Chair.
Section 4.9 (Responsibilities of the International Treasurer)The International Treasurer shall keep the financial records of the DPCA, establish a budget for approval of the Executive Committee, oversee its bank and other financial accounts, make an annual financial report to the DPCA, and ensure that any necessary reports or filings with the DNC or the governmental authorities of the United States of America and the several States, are timely made.
Section 4.10 (Responsibilities of the International Counsel)The International Counsel shall be a qualified legal practitioner available for consultation on legal and procedural questions relating to Democrats Abroad and its activities, and the interpretation of and compliance with the Charter and Bylaws of the DNC, the Charter of Democrats Abroad and the bylaws of Country Committees, and
serve as Parliamentarian at DPCA meetings. The, unless the International Chair
may appointhas appointed a separate individual to serve as Parliamentarian
, serve as Parliamentarian at DPCA meetings.
Section 4.11 (Responsibilities of the Executive Committee)The Executive Committee shall be responsible for the conduct of the affairs of Democrats Abroad in accordance with policies of the DNC and the DPCA. The Executive Committee shall establish its own rules and, when convened by the International Chair or one third (1/3rd) of its members, may act in a meeting, by telephone or electronic means. The Executive Committee shall adopt a budget for Democrats Abroad prior to the first meeting of the DPCA each year. Except as provided in the following sentence, decisions taken by the Executive Committee shall be by simple majority vote of those members present in person or by instructed proxy given to another member of the Executive Committee or, if such vote is taken in electronic or written form, by simple majority of the entire Executive Committee. By a two-thirds (2/3rds) majority of the entire Executive Committee, the Executive Committee may overrule any decision or action of any officer.
Section 4.12 (Executive Director)Following consultation with the Executive Committee, the International Chair may name an Executive Director to perform such duties as the International Chair may prescribe.
Article Five: Country CommitteesSection 5.1 (Constituent Units)The constituent units of Democrats Abroad are, except in exceptional circumstances, the Country Committees, which shall be the organized democratic expression of U.S. citizens overseas and shall further the aims of the Democratic Party of the United States of America and of Democrats Abroad. Except where otherwise deemed more expedient by the DPCA, Country Committees shall represent geographical areas coextensive with national boundaries.
Country Committees shall be responsible for their own internal management, including governance of their Chapters, and compliance with applicable laws, including without limitation the laws and regulations of the United States of America and the several States applicable to political parties and contributions to them (notably to the United States Federal Election Commission).
Section 5.2 (Admission)To be admitted to Democrats Abroad as a Country Committee, a group must make application to the International Chair containing the following information:
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- (v) A Country Committee Chair, Vice Chair or Voting Representative may be suspended from officethe DPCA by a 7/8ths vote of the DPCA Executive Committee or by a two thirds (2/3rds) vote of the DPCA, which suspension shall be promptly communicated in writing to the individual concerned and to the Executive Committee of the affected Country Committee, if the Country Committee Officer or Voting Representative engages in unacceptable conduct that seriously harms the interests of the Democratic Party of the United States of America, the DNC, Democrats Abroad, or its own Country Committee. The Country Committee Officer and the Executive Committee of such Country Committee shall be notified in writing of the initiation and nature of the charges and the DPCA Executive Committee will provide ample information to enable a defense to be prepared. A Country Committee Officer suspended under this paragraph (a) may request a prompt hearing to be held within thirty (30) days and the DPCA Executive Committee shall make such arrangements as it deems best suited to protect all interests, in the context of a global party, including supervising a new election. The hearing may, without limitation, be held by telephone conference call or, video conference or other electronic means permitting all parties to be heard and to communicate orally. The DPCA Executive Committee shall adopt such rules of procedure for hearings in connection with the proposed suspension of a Country Committee Officer as it deems necessary to ensure that the hearing is conducted in a fair manner and the decision, with an ample explanation of the reasoning involved, shall be communicated in writing;
- (w) If in the judgment of the International Chair a Country Committee Officer is guilty of serious and highly unacceptable conduct that, if continued, would irreparably damage any of the aforesaid interests, the Chair may immediately issue a temporary order of suspension, indicating the grounds for such action, and shall simultaneously inform the DPCA Executive Committee of such action and the reasons therefore. Within seven (7) days the DPCA Executive Committee shall either schedule a hearing under the foregoing subparagraph or shall terminate the temporary order.
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