BYLAWS of the LGBT Caucus of the Democratic Party of Hawaii
BYLAWS of the LGBT Caucus of the Democratic Party of Hawaii
(As amended and approved by the membership on June 20, 2015)ARTICLE ONE NAME & OFFICES
Section 1 -Name of Organization
The name of this Organization shall be The LGBT Caucus of the Democratic Party of Hawai‘i.
Section 2 – Principle Office
The principle office of the Caucus will be that of the elected Chair of the Caucus or such location as selected by decision of the membership at a general business meeting.
ARTICLE TWO STATEMENT OF PURPOSE
Section 1 – The Mission: Specific Purposes and Objectives
The LGBT Caucus is dedicated to supporting and promoting the values and positions of the Democratic Party of Hawai‘i in promoting justice and equality regardless of sexual orientation or gender identity for such issues and concerns as: Government Operations, Government Rule-Making and Practices, Government Funding and Appropriations, and Welfare and Social Service Benefits; Hate Crimes; Relationship Rights and Responsibilities; Parenting, Adoption and Definitions of Family; Employment; Housing; Public Accommodations; Health; Education; Tourism; Economic Development; and Serving our Country in Military Service.
ARTICLE THREE OFFICERS
Section 1 -Designation of Officers and Steering Committee
The officers of the Caucus shall be a Chair(person), a Vice Chair(person), a Secretary, and a Treasurer. The Caucus may also have additional Vice Chair(person)s, Assistant Secretaries, Assistant Treasurers and other such officers with such titles and duties as may be determined from time to time by the Steering Committee. Duly elected officers plus two Steering Committee at Large members, plus the LGBT Caucus representatives
to the State Central Committee shall constitute the Steering Committee. Each Steering Committee member is entitled to only one vote per person.
Section 2 – Qualifications
Any duly qualified and elected member may serve as an officer or Steering Committee at Large member.
Section 3 – Election and Term of Office
Officers shall be elected by the membership in even numbered years at the first regularly scheduled meeting after the biennial Democratic Party of Hawai’i state convention. The actual meeting date and time shall be determined by the Steering Committee, but shall be within 90 days after the last regularly scheduled meeting held prior to the convention. The term of office shall begin at the end of the regular biennial meeting designated for the election of officers and Steering Committee members and shall end at the conclusion of the next regular biennial meeting designated for the election of officers and Steering Committee members. Each member shall cast no more than one vote per candidate, and may vote for as many candidates as the number of officers and two Steering Committee at Large members to be elected.
Section 4 -Resignation and Removal
Any officer may resign effective upon giving written notice to the Secretary of the Caucus, unless the notice specifies a later time for the effectiveness of such resignation. The acceptance of such resignation shall not be necessary to make it effective.
Any member of the Steering Committee may be removed, either with or without cause, by a 2/3 vote of the membership present at a regular or special meeting, with a quorum of at least 15 members, for which at least two weeks notice has been given to the membership of the pending removal of a member of the Steering Committee.
Section 5 – Vacancies
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Steering Committee. In the event of a vacancy in any office other than the Chair(person), such vacancy may be filled temporarily by appointment by the Chair(person) until such time as the Steering Committee shall fill the vacancy. Vacancies occurring in officers appointed at the discretion of the Steering Committee may be filled as the Steering Committee shall determine.
Section 6 – Duties of the Chair(person)
The Chair(person) shall be the Chief Executive Officer of the Caucus and shall supervise and control the affairs of the Caucus and the activities of the officers in accordance with these by-laws and policies subsequently passed by the Steering Committee and/or general membership. The Chair(person) shall perform all duties incident to the office and such other duties as may be required by the Bylaws of the Democratic Party of Hawaii, the laws of the State of Hawaii, by these Bylaws or which may be prescribed, from time to time, by the Steering Committee. The Chair(person)
shall preside at all meetings of the Steering Committee and the Caucus and except as otherwise expressly provided by law, shall, in the name of the Caucus, execute such deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Steering Committee or the membership.
Section 7 – Duties of the Vice Chair(person)
In the absence of the Chair(person), the Vice Chair(person) of the Caucus shall perform all the duties of the Chair(person), and when so acting shall have all the powers of, and be subject to all the restrictions on the Chair(person). The Vice Chair(person) shall have other powers and perform other such duties as may be prescribed by the Bylaws of the Democratic Party of Hawaii, the laws of the State of Hawaii, by these Bylaws or which may be prescribed, from time to time, by the Steering Committee or membership.
Section 8 – Duties of the Secretary
The duties of the Secretary shall be to:
Take and maintain minutes of all meetings of the membership and all Steering Committee meetings of the Caucus, including but not limited to date, time and place, and whether regular or special;
Ensure that all notices are duly given in accordance with these Bylaws; Be the custodian of the records of the Caucus;
Exhibit at all reasonable times to any member of the Caucus, as prescribed by the by- laws or policies of the Steering Committee, all records and documents of the Caucus maintained by the Secretary; and
In general, perform all duties incident to the office of the Secretary and other such duties as may be required by the Bylaws of the Democratic Party of Hawaii, the laws of the State of Hawaii, by these Bylaws or which may be prescribed, from time to time, by the Steering Committee.
Section 9 – Duties of the Treasurer
The duties of the Treasurer shall be to:
Have charge and custody of, and be responsible for, all funds and securities of the Caucus in such banks, trust companies, or other depositories as shall be selected and approved by the
Receive and give receipt for monies due and payable to the Caucus from any source; Disburse, or cause to be disbursed, the funds of the Caucus as maybe directed by the Steering Committee, taking proper vouchers for such disbursements;
Keep and maintain adequate and correct accounts of all the Caucus properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses;
Exhibit at all reasonable times the books of account and financial records to any member of the Caucus, as may be prescribed by the Steering Committee; Render to the Chair(person) or any member of the Caucus, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the Caucus as prescribed by the Steering Committee;
Prepare or cause to be prepared, and certify, or cause to be certified, any financial statements to be included in any required reports;
Prepare or cause to be prepared, financial statements at the request of the Steering Committee and for distribution and report at all regular membership meetings of the Caucus;
In general, perform all duties incident to the office of the Treasurer and other such duties as may be required by the Bylaws of the Democratic Party of Hawaii, the laws of the State of Hawaii, by these Bylaws or which may be prescribed, from time to time, by the Steering Committee.
Section 10 – Compensation
No officer Steering Committee member in performance of their elected duties shall accept any compensation other than for actual expenses required to fulfill the duties and expectations of the Caucus in accordance with policies established by the Steering Committee or membership.
ARTICLE FOUR COMMITTEES
Section 1 – Committees
The Caucus may have any and all such committees as may from time to time be designated by resolution of the membership and/or Steering Committee. These committees may consist of persons who may or may not be members of the Caucus and shall act in an advisory capacity to the officers, Steering Committee and membership.
Each committee shall keep regular minutes and/or reports of their proceedings, cause them to be filed with the Caucus records maintained by the Secretary of the Caucus and distribute these minutes to every officer of the Caucus on a periodic basis as determined by the Steering Committee or membership.
Section 2 – Steering Committee
The Steering Committee of the Caucus shall consist of the Chair(person), Vice Chair(person), the Secretary, the Treasurer, the two Steering Committee Members at Large, and the LGBT Caucus representatives to the State Central Committee. Other officers as designated following Article Three, Section 1 shall also be part of the Steering Committee.
The Steering Committee shall keep regular minutes of their proceedings, cause them to be filed with the Caucus records maintained by the Secretary of the Caucus and distribute these minutes to the Steering Committee within thirty (30) days of a meeting.
Section 3 – Meetings and Actions of Committees
The Steering Committee, with the approval of the membership may adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the Bylaws of the Democratic Party of Hawaii, the laws of the State of Hawaii, or these Bylaws.
ARTICLE FIVE MEMBERSHIP
Section 1 -Eligibility
Membership in The LGBT Caucus of The Democratic Party of Hawai‘i shall be open to all duly recorded members of The Democratic Party of Hawai‘i who desire to support the Caucus and its specific purposes and objectives.
Section 2 – Enrollment
The procedure for enrollment in The LGBT Caucus of The Democratic Party of Hawai‘i shall be the submission to the Secretary of the Caucus a Caucus Enrollment Form as may be prescribed, and modified from time to time, by the Steering Committee.
Section 3 – Member Voting Rights
Members of The LGBT Caucus of The Democratic Party of Hawai‘i shall have the same voting rights and privileges as bestowed upon them by the Bylaws of The Democratic Party of Hawaii. These voting rights and privileges may be exercised in person, by telephonic/electronic appearance. Written proxies may be used to establish quorum.
EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
Section 1 – Execution of Instruments
The Steering Committee, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the Caucus to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Caucus, and
such authority may be general or confined to specific instances. Unless so authorized, no officer, agent or employee shall have the power or authority to bind the Caucus by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.
Section 2 – Checks and Notes
Except as otherwise specifically determined by resolution of the Steering Committee, or as otherwise required by law; checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the Caucus shall be signed by the Treasurer and countersigned by the Chair(person) of the Caucus. In the absence or unavailability of the Chair(person), the Vice Chair(person) may countersign any and all such instruments.
Section 3 – Deposits
All funds of the Caucus shall be deposited in a timely manner to the credit of the Caucus in such banks, trust companies, or other depositories, as the Steering Committee shall select.
Section 4 – Gifts
The Steering Committee may accept, on behalf of the Caucus, any contribution, gift, bequest or devise for the purposes of this Caucus.
ARTICLE SEVEN CAUCUSAL ASSETS
Section 1 -Prohibition against Private Inurement
No part of the net earnings of this Caucus shall inure to the benefit of, or be distributed to, its officers, members, agents or other private persons, except that the Caucus shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this Caucus and in accordance with the by-laws and policy of the Steering Committee.
Section 2 – Distribution of Assets
Upon the dissolution of this Caucus, its assets remaining after payment or provision for payment, of all debts and liabilities of this Caucus shall be distributed to the Democratic Party of Hawai‘i.
ARTICLE EIGHT AMENDMENTS TO BYLAWS
Except as may be otherwise specified by the Bylaws of the Democratic Party of Hawai‘i and the laws of the State of Hawaii, the membership of the Caucus shall have the power to amend, alter or repeal any or all sections of these Bylaws and to adopt new Bylaws upon approval of two-thirds (2/3) of the members present at meeting called for
that express purpose. A quorum of 15 will be required for all by-law changes. Such proposed amendments, alterations or motion to repeal shall be submitted, in writing signed by no less than 15 members of the Caucus or majority of the Steering Committee members, to the Secretary of the Caucus. The Steering Committee shall review and prepare their recommendation on the proposal within 60 days of receipt of the proposed amendment or repeal.
Once an amendment or repeal has achieved a review and recommendation of the Steering Committee a general membership meeting shall be called within 60 days to take organizational action. Any and all proposed amendments, alterations or motions to repeal shall become effective immediately upon approval by two-thirds (2/3) of members present at the general membership meeting. A quorum of 15 will be required for all by-law changes. Proxies and electronic participation shall be included to establish quorum and as participants of a meeting.
CERTIFICATION PROCESS FOR LGBT CAUCUS NOMINEES FOR STATE CENTRAL COMMITTEE
Section 1 -Must be a registered voter and a member of the Democratic Party of Hawai‘i, and of the LGBT Caucus on or before the scheduled date of the biennial State Party precinct meetings in even years.
Section 2 – Nomination papers to include:
1. Ten dollar ($10) filing fee payable to the State Democrat Party of Hawai‘i 2. Signatures from five members of the LGBT Caucus
3. Written statement showing:
A. A demonstrated involvement and active participation with the LGBT caucus meetings and/or LGBT caucus activities
B. Commitment to attend the SCC and LGBT Caucus meetings
Section 3 – Nomination packet is due to the LGBT Caucus prior to or at the meeting of the Executive Committee of the LGBT Caucus to be held 10 days prior to the deadline for submission of nomination papers to the State Party. The Executive Committee of the LGBT Caucus will meet, review and make certification(s) based upon the adopted criteria above on this date and time. If application is rejected for certification, the applicant will be informed within 48 hours.
Section 4 – The LGBT Caucus regular meeting held prior to the State Party filing deadline, or one week after the certification meeting in step 3, will review the applications and certification(s) by the Executive Committee of the LGBT Caucus. This LGBT Caucus meeting will reaffirm the certification(s) of the Executive Committee or decertify as they shall so determine.
Section 5 – Certified nomination packets will be submitted by the LGBT Caucus Secretary to the State Party by the State’s formally – announced deadline.
Section 6 – Filling vacancy of Caucus Representative to the State Central Committee: If the office of the LGBT Caucus Representative to the State Central Committee (SCC) becomes vacant:
1. The Steering Committee of the LGBT Caucus shall notify Caucus members by e- mail (or if no e-mail by whatever means have been designated by the member).
2. The notice shall indicate that:
A. there is a vacancy,
B. a list of potential replacements,
C. the date by which the vacancy must be filled, and
D. the date by which feedback must be received from the Caucus Members; the Caucus Members shall have no less than 10 days in which to provide feedback to the Steering Committee.
3. The Steering Committee shall review the feedback from the Caucus Members and designate a Caucus member to fill the remainder of the term.
4. The designee’s name shall be presented to the SCC.
5. If the LGBT Caucus does not designate a replacement within 45 days, the Executive Committee of the SCC may fill the vacancy.
CONSTRUCTION AND TERMS
If there is any conflict between the provisions of these Bylaws and the Bylaws of the Democratic Party of Hawaii, the provisions of the Bylaws of the Democratic Party of Hawai‘i shall govern.
Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.