CDP By-Law Changes  

The following amendments to the CDP By-Laws were adopted by the Executive Board of the California Democratic Party at its Executive Board Meeting, Hyatt Regency Mission Bay Hotel, San Diego on November 15, 2009 (added text in bold/underline, deleted text in bold/strikethrough)   Download report in pdf. 

Caucus Certification

The following motion passed: "In order to facilitate Full Certification of Caucuses, the Lead Chair may, in his discretion, upgrade the status of any recommendation for certification based upon actions taken by a Caucus prior to the 11/15/09 Rules Committee Report to the Executive Board which were not known by the Rules Committee at the time of its meeting. Conversely, the Lead Chair may down grade a recommendation prior to the 11/15/09 Rules Committee Report to the Executive Board upon concurrence of a majority of the Chairs of the Rules Committee based any information which was not known by the Rules Committee at the time of its meeting which the Chairs reasonably believe would have lead to such recommendation by the Rules Committee had such information been known."

The following certifications to CDP caucuses were adopted by the Executive Board of the California Democratic Party at its Executive Board Meeting, Hyatt Regency Mission Bay Hotel, San Diego on November 15, 2009.   

* Definitions
Non-Certification: total abject failure to respond or out-right defiance

Provisional Certification: anything that can be construed as good faith attempts to comply

Conditional Certification: for example, Full Certification would be given but for the fact the adoption of complying bylaws is pending at this meeting, and giving the lead Chair the
power to determine compliance, or reverting to Provisional Certification, at the time of the Rules report)

Full Certification: Everything is perfectly fine

Passed by the Rules Committee

The following business was passed by the rules committee at its November 14, 2009 meeting and will  come before the CDP Executive Board at its next meeting (summer 2010).

Subcommittee reports
1. Subcommittee on Caucus definitions: Results from an online survey were distributed and two hearings were held to receive testimony about caucuses

2. Subcommittee on Statutory clean-up: Reviewed AB1396 to ensure bylaws conform to new law and Proposed Amendment to Article V to conform the bylaws to AB 1396 (add a section 8 as follows)

Section 8: Procedures for Committee Proceedings
Committee proceedings shall be governed by these bylaws, and when not in conflict therewith, such rules and procedures as may be adopted pursuant to the provisions of these bylaws. Any matter not covered by either these bylaws or said procedures shall be governed by the latest edition of Robert's Rules of Order.

3. Subcommittee on expanded use of Email for Notice for all levels of the Democratic Party: Proposed Amendment to provide for the expanded use of email for notice for all levels of the Democratic Party (Replace current Article XII Section 10 with the following): 

ARTICLE XII: GENERAL POLICIES
SECTION 10: EMAIL NOTICE

A. Publication of any Democratic Party notice via email will be considered valid if:

1. The sender and receiver have both consented, in writing, to sending and receiving notice in this manner,
2. The notice was sent to or from the email address specified when giving consent, or most recent email address specified on a subsequent notice of change of address by sender or receiver, and,
3. The obligation to inform and procedure for informing of any change in email address has been specified in writing.

B. This Committee hereby consents to receive email notice from any member who consents, in the manner provided below, to receive such notice from This Committee from an “@cadem.org” or other domain as specified on This Committee’s website, provided:

1. The member holds This Committee harmless should the member fail to open, receive, view or read their incoming emails regularly and therefore not receive actual knowledge of the material contained in the email notice in a timely manner,
2. Consent to receive notice from This Committee has been given on forms provided by the Secretary of This Committee,
3. Members of This Committee are given the option, in writing, of maintaining the confidentiality of their email address, or making same public, and,
4. Notice sent by This Committee contains contact information including physical address, and clearly outlines how the receiver can “opt out” of receiving future notices by email and how to submit a change of email address.

C. Notice to This Committee of change of email address is to be provided to the Secretary of This Committee, in writing.

D. The filing via email of a challenge, or response to a challenge, under Article XI shall be deemed consent to receive notice of all matters regarding that challenge, including response, as well as any appeal or response thereto, via email and a waiver of any right to maintain the confidentiality of that email address while said challenge is pending final disposition.

4. Subcommittee on Legislation guidelines:  An initial draft of guidelines was presented to the full committee. It was determined that we request staff coordinate a 30-day comment period on this draft and will take up the guidelines at the next meeting of the rules committee.

5. Subcommittee on issues involving ADEMs: A workshop was held to demonstrate how proportional voting might work for ADEMs.  Proposed Amendments to modify bylaws governing ADEMs (Replace Article VI Section 1i as follows):

"Section 1 ASSEMBLY DISTRICT ELECTION MEETINGS
(i)The Rules Committee of This Committee shall promulgate procedures governing the conduct of the Election Meeting, including the election of 12 delegates to This Committee as set forth in Article II, Section 5, and one representative to the Executive Board, as set forth in Article VII, Section 2(c), which Rules shall include, for candidates for delegate, a filing period 12 30 days prior to the biennial Assembly District Election Meetings, and call for the posting of eligible delegate names (to be updated no less than once per week starting with the opening of the filing period) on the Party's website, along with statements by the candidates, with the proviso that such statements be no longer than 1200 characters and shall not mention the name of any other candidate. Statements shall be published as submitted; no additions, corrections, or other edits shall be made once submitted.”
Amend Article VI Section 1b as follows:
"Section 1 ASSEMBLY DISTRICT ELECTION MEETINGS
b. The Convener shall, no later than December 1 November 15 of the year preceding the holding of the Election Meeting, notify the Chair of This Committee and the Chair of each County Committee which lies wholly or in part in the district of the date, time, and place of the Election Meeting. Failure to do so by that date shall empower the Chair of This Committee to designate a new Convener who shall provide such notice no later than December 17 3 of the year preceding the holding of the Election Meeting. The Chair of This Committee shall post this information on the Party’s website."

Additional proposed amendments

1. A proposed amendment to require mailing or email platform to Candidates seeking the endorsement of the CDP (Amend article VII, Section 2 c.(3) as follows):

ARTICLE VIII: ENDORSEMENT OF CANDIDATES FOR PARTISAN AND NONPARTISAN OFFICE, AND ENDORSEMENT AND OPPOSITION TO STATE BALLOT PROPOSITIONS, INITIATIVES, REFERENDDUM, AND RECALL
Section 2. PARTISAN PUBLIC OFFICES OTHER THAN PRESIDENT
c. (3) Each candidate seeking the endorsement of the California Democratic Party shall be mailed, or provided via email a link to, a copy of This Committee's most recently adopted Platform, at least ten (10) days prior to the pre-endorsing conference, or in the case of a Special Election the endorsing conference, in the relevant district and shall submit to This Committee a non-reimbursable filing fee in advance of the first level of the process in which his/her name is considered."

2. To conform Article XII, Sections 1, 2, and 4 to the DNC charter (Amend Article XII Section 1 as follows):

"Section 1. PUBLIC MEETINGS
All public meetings at all levels of the Democratic Party shall be open to all members of the Democratic Party regardless of race, color, creed, national origin, sex, age, religion, ethnic identity, sexual orientation, gender identity, persons with disabilities as defined by the Americans with Disabilities Act of 1990 or economic status. Accordingly, the scheduling of Democratic Party affairs at all levels shall consider the presence of any religious minorities of significant numbers of concentration whose level of participation would be affected.”
Amend Article XII Section 2 as follows:
"Section 2. TESTS AND OATHS
No test for membership in, nor any oaths of loyalty to, the Democratic Party shall be required or used which has the effect of requiring prospective or current members of the Democratic Party to acquiesce in, condone or support discrimination on the grounds of race, color, creed, national origin, sex, age, religion, ethnic identity, sexual orientation, gender identity, persons with disabilities as defined by the Americans with Disabilities Act of 1990 or economic status.
Amend Article XII Section 4 as follows:
"Section 4. REGISTRATION
The Democratic Party, on all levels, should support the broadest possible registration without discrimination on grounds of race, color, creed, national origin, sex, age, religion, ethnic identity, sexual orientation, gender identity, persons with disabilities as defined by the Americans with Disabilities Act of 1990 or economic status.”

3. Proposed amendments to modify Charters following amends Article X, Article VII, and the Guidelines that cover the Chartering of Organizations as follows:

ARTICLE X: CHARTERS
* * *
Section 2. GRANTING
* * *
c. Any Charter which has been granted by This Committee shall be effective from the date said charter was granted until the second meeting of the Executive Board held following the regular election of State-wide officers of This Committee in the year immediately following the conclusion of a Presidential election year, or, until revoked for cause as set forth herein.

4. Amend Section 3 of the Guidelines re: Chartering of Organizations as follows:

Guidelines re: Chartering of Organizations
Adopted by Organizational Development Committee and forwarded to Rules
Adopted Jan 28, 2006 by the Rules Committee and received by the CDP Executive Board
* * *
3. GRANTING:
A. The following guidelines shall apply to the chartering of all organizations:
* * *
6. Any Charter which has been granted by This Committee shall be effective from the date said charter was granted until the second meeting of the Executive Board held following the regular election of State-wide officers of This Committee in the year immediately following the conclusion of a Presidential election year, or, until revoked for cause as set forth herein.

5. Amend Article II, Section 1, as follows:

ARTICLE II: MEMBERSHIP
***
Section 1. MEMBERSHIP
a. The Committee shall consist of:
***
(9) Chair of each State-wide Organization Chartered by This Committee pursuant to Article X and the Guidelines Re: Chartered Organizations adopted by the Rules Committee of This Committee.

6. Amend Article VII, Section 2, to add a new i, as follows:

ARTICLE VII: EXECUTIVE BOARD
* * *
Section 2. EXECUTIVE BOARD MEMBERSHIP
The Executive Board shall consist of the following members of This Committee:
* * *
i. The Chair of each State-wide Organization Chartered by This Committee pursuant to Article X and the Guidelines Re: Chartered Organizations adopted by the Rules Committee of This Committee.

Additional subcommittees formed

1. Subcommitte on the collection of ADEM materials.  Members: Susan Good (chair), Linda Sutton, Laurence Zakson

2. Subcommittee on the CDP officer issue.  Members: Charu Khopkar (chair), Susan Good, Jim Thurber.