By-Laws

By-Laws of the Ward 5 Democratic Committee of Boston.

Preamble

The Ward 5 Democratic Committee of Boston shall have responsibility for the general management of the affairs of the Democratic Party in Ward 5 of Boston and shall have the power and duty to act in all matters pertaining to the legitimate interests of the Democratic Party and its members. These By-laws (“By-laws”) shall be considered a supplement to the State Party Charter and State Committee By-laws.

Article I – Name

This organization shall be known as the Ward 5 Democratic Committee of Boston, herein after called the Committee.

Article II – Purposes

The Committee is organized and constituted under authority of and in accordance with the provisions of the General Laws of the Commonwealth, and shall have as its purposes the following: to foster and advance the ideals and aims of the Democratic Party; to work and organize for the success of the Democratic candidates of the District, County, State and Nation; to do all things necessary and incidental to the building and strengthening of the Democratic Party in Massachusetts and within Ward 5 in Boston.

These activities shall include (without limitation) the endorsement of, or opposition to, referenda; the endorsement of candidates; the adoption of resolutions and platforms; raising and disbursing of funds for political purposes; voter registration campaigns; and the calling of caucuses. Members of the Committee shall work actively to fulfill these objectives. The Committee may consider and act on such other matters as may be of concern to its Members or the Ward.

Article III – Membership

A. The Committee shall consist of a maximum of thirty-five (35) Elected Members, a maximum of thirty-five (35) Associate Members, and an unlimited number of Twenty-Year Members and Ex Officio Members (together “Members”). All Members must be registered Democrats resident in Ward 5. Changing one’s Party registration or moving out of Ward 5 is considered to be equivalent to resignation, effective immediately. All Members are expected to attend meetings regularly.

B. The Elected Members shall be registered Democrats in Ward 5 who shall have been elected at the Presidential Primary for a period of 4 years together with those elected to such membership by the Members of said Committee, in conformance with the provisions of law and these By-laws.

C. The Committee may, at any meeting, authorize the appointment of Associate Members. Associate Members shall have such powers and duties as the Committee may determine including the right to vote, except that Associate Members shall not have the right to vote to elect, appoint, or expel Elected or Associate Members or Officers or Executive Board members; nor to vote to amend, suspend, or repeal these By-laws; nor to be elected as Officers or Executive Board members of the Committee.

Candidates for Associate Membership not previously of the Committee shall be nominated at least one meeting previous to the one at which their appointment shall be voted upon and shall be in attendance at both such meetings. Candidates for Associate Membership not previously of the Committee shall be nominated during the third meeting that they attend. Candidates for Associate Membership who were members of the Committee in any capacity in the prior year may immediately be considered for membership at the first meeting they attend.

D. A Member of the Committee who has served on this or any other Massachusetts Democratic town or ward committee for twenty (20) or more years shall assume the position of Twenty-Year Member. Said Twenty Year Member shall enjoy all the same rights and privileges of an Elected Member.

E. The Committee may vote to add any Democrat living in Ward 5 who is also an elected public or party official to the Committee as an Ex Officio Member. Ex Officio Members shall not have the right to vote regarding endorsements; expulsion of members; or amendments, suspensions, or repeal of By-laws or count for the purposes of determining quorum.

F. The Committee, following the election of its members, shall meet and organize, choose a Chair, First Vice Chair, Second Vice Chair, Secretary, Treasurer, and such other officers as it may decide to elect. At such meeting the Committee may add to its Elected Members provided it does not exceed the total allowed by law as found on file with the Secretary of State’s Office.

G.Vacancies in the Elected Membership shall be filled by vote of the Committee. Associate Members, if any, shall be the candidates first considered for filling these vacancies.

H. Members may be removed in conformity with Sections II and V of the Charter of the Democratic Party of the Commonwealth of Massachusetts as well as Article XVI of these By-laws.

I. Any Member may resign by delivering his or her written resignation to the Chair or Secretary. Such resignation shall be effective upon receipt unless it specifies otherwise.

J. Any Member may appeal to the Executive Board for a leave of absence due to illness, new maternity or paternity, severe personal hardship, or such other reasons as the Executive Board will determine and publish in guidelines that it adopts and provides to all Members (“Leave”). Such appealing Member shall notify the Executive Board of their request, with such Leave initially lasting no less than two (2) regularly scheduled meetings of the Committee. The Executive Board will determine to grant such Leave on the satisfaction of such guidelines that the Executive Board adopts, such grant not to be unreasonably withheld. No Leave may be granted retroactively.

In the event that such Leave is granted, such Member’s absence at any regularly scheduled meeting of the Committee during the accepted Leave shall neither impact that Member’s attendance record for purposes of determining voting eligibility under Article XIV, nor their attendance record for purposes of Membership removal under Article XVI. Following the expiration of the Leave, such Member shall notify the Executive Board of the need to extend the Leave for a subsequent three (3) to six (6) month period, if applicable.

Article IV – Officers

A. The Officers of this organization shall consist of a Chair, First Vice Chair, Second Vice Chair, Secretary, and Treasurer. These Officers shall be elected at the Committee organizational meeting following the Presidential Primary. The Chair(s) and Vice Chair(s) shall not all be of the same self-identified or expressed gender at the time of that individual’s election.

Anyone who holds, or is a candidate for public elective office, other than as a member of the Committee, or other party officer, shall not serve as an Officer of the Committee. Officers shall not serve more than two consecutive terms in the same office; provided that an Officer may serve an additional consecutive term if during one of the two terms he/she serves on an interim basis for no more than one year.

B. There shall be an Executive Board consisting of the Officers of the Committee and four others elected.

C. Officers and other Executive Board members shall be elected every two years by majority vote of Elected Members at the Committee’s organizational meeting, which shall be held no later than April 15th. Other officers, if any, and other Board members may be elected at any meeting for which due notice of such election has been given and shall serve a term concurrent with that of the Chair.

D. In the event of death, resignation or the permanent removal from the Ward of any of the above-named Executive Board members, including the Officers, their places shall be declared vacant and be filled at the next regular meeting of the Committee. A statement of such changes in the Executive Board of the Committee shall be sent immediately by the Secretary of the Committee to the Secretary of the Commonwealth, to the Secretary of the Democratic State Committee and to the City Clerk.

Article V – Chair

The Chair shall, in addition to the duties required by law, preside at all meetings of the Committee, the Executive Board, and caucuses and shall have general charge and supervision of all Committee activities. He/She shall have the power to appoint all standing committees and such other special committees as are created from time to time. He/She shall have the power to call all special meetings of the Ward Committee, Executive Board meetings, caucuses and all regular meetings at such time or times as may seem to her/him to be advisable, subject only to the vote of the Committee in fixing the number of regular meetings to be held during the course of the year.

Article VI – First Vice Chair

The First Vice Chair shall preside at all meetings of the Ward Committee in the absence of the Chair. Upon the absence, resignation, and/or removal of the Chair, the First Vice-Chair shall act as Chair.

Article VII – Second Vice Chair

The Second Vice Chair shall also be known as The Affirmative Action and Outreach Advisor and shall be responsible for developing strategies and activities to expand participation in the Committee of the Party’s Affirmative Action target groups.

The Second Vice Chair shall be Chair of the Membership Committee. The Membership Committee shall recommend criteria for Elected and Associate membership to the full Committee for its approval; shall recommend candidates for Elected and Associate membership to the full Committee; and shall make such other recommendations concerning membership on the full Committee as it deems appropriate.

Notwithstanding any other provision in this paragraph, any Elected or Associate Member may nominate for Elected or Associate membership any individual eligible for Elected or Associate membership under these By-laws, who meets the criteria for Elected and Associate membership approved by the full Committee.

Upon the absence, resignation, and/or removal of the Chair and First Vice-Chair, the Second Vice-Chair shall act as Chair.

Article VIII – Secretary

The Secretary shall keep a record of all proceedings of the Ward Committee and shall issue notice in accordance with Article XVII to each Elected and Associate member of each regular meeting of the Committee and the time and place of said meeting at least seven days prior to the date of the meeting.

In an emergency, the Secretary may call a meeting with at least 24-hours’ notice. The Secretary shall, within ten days after the organization of the Committee, file with the Secretary of the Commonwealth, the Secretary of the Democratic State Committee and the City Clerk, a list of the Officers and Members of the Committee; and shall immediately file with the same officials a statement of the changes in the organization or membership of the Committee thereafter. The Secretary may establish rules by which certain activities count as attending regular meetings.

The Secretary shall announce these rules at the beginning of each year and provide a copy of such rules in writing (via electronic messaging to all Members, posting such rules on a publicly available web platform, or such other method as the Executive Board deems necessary or appropriate). If no new rules are announced, the prior year's rules shall continue to be in effect.

The Secretary shall keep an attendance record of all Members’ attendance at Committee meetings, and at all activities which count as attendance at regular meetings.

The Secretary, or such individual as the Secretary may appoint, shall confirm the Democratic Party registration of each prospective member prior to the admission of such individual as an Associate Member.

The Secretary shall provide the full Committee with a report detailing the current Committee Membership, including each individual’s status as an Associate, Elected, Twenty Year, or Ex Officio Member, on a no less than quarterly basis.

Upon the absence, resignation, and/or removal of the Chair and both Vice-Chairs, the Secretary shall act as Chair.

Article IX – Treasurer

The Treasurer shall have the custody of all funds belonging to the Committee and shall pay all orders subject to the approval of the Chair and shall procure and file vouchers for all such payment. No expenditures of funds of the Committee shall be made by the Treasurer outside the regular activities or expense thereof except upon the approval of a majority of the Committee at a special or regular meeting.

She/He shall submit a report of the financial condition and transactions of the Committee at all regular meetings. A detailed report shall be provided at least semiannually. Additionally, the Treasurer shall file reports with the appropriate state and local offices with regard to fundraising. The Treasurer shall open a bank account or accounts in a bank or trust company. Funds may be deposited by said Treasurer in such account or accounts and may be withdrawn by the signature of the Chair and/or Treasurer.

Upon the absence, resignation, and/or removal of the Chair, both Vice-Chairs and the Secretary, the Treasurer shall act as Chair.

Article X — Executive Board

The duly elected officers shall constitute an Executive Board, which will meet as necessary in between regular meetings to formulate plans, implement policies, make recommendations to the Committee, and attend to such business as may arise, including the review and approval of any Leave application or request for a fee waiver. The Committee shall vote to elect four additional members who shall also be voting members of the Board. The Committee may vote to add any Elected Member of the Committee who is also an elected public or party official to the Executive Board ex officio. All Elected Members and Associate Members may attend Executive Board meetings but may not participate unless invited by the Board.

Article XI – Quorum

A quorum shall consist of fifty percent (50%) of the Members eligible to vote, as calculated below. With respect to matters on which only Elected Members are eligible to vote, quorum shall be calculated by dividing the number of Elected and Twenty- Year Members present (whether the Member is eligible to vote or not) by the total number of Elected and Twenty-Year Members eligible to vote. With respect to matters on which Elected and Associate Members are eligible to vote, a quorum shall be calculated by dividing the number of Members present (whether the member is eligible to vote or not) by the total number of Members eligible to vote.

Quorum may be called at any time during a meeting. Once the Chair determines that quorum has been established, it cannot be challenged. If there are not a sufficient number of Members for a quorum at the beginning of a meeting and additional Members subsequently attend the meeting, quorum may be reevaluated. Notwithstanding any other provision of these By-laws, no meeting held prior to the reorganization meeting following the most recent Presidential Primary shall be counted for the purpose of determining eligibility for voting on endorsements under this subsection. Members must attend the meeting in person to be counted in the quorum and to vote.

Article XII – By-Laws Subcommittee

There shall be a By-laws Subcommittee appointed by the Chair from the duly elected Members. The Chair shall designate the Chair of the By-laws Subcommittee.

Article XIII – Changes in the By-Laws

A. These By-laws may be amended or repealed at any regularly called meeting of the Elected Members of the Committee, provided such proposed change is in writing and is signed by the Elected Member proposing it and is in the hands of the Chair before the call of the next meeting, at which such proposal is to be acted upon. The proposed By-law change shall be sent to all Members with the announcement of the meeting at least 30 days in advance.

B. Such proposed changes in the By-laws shall be referred forthwith by the Chair to the By-laws Subcommittee which shall make a report with its recommendations at the same meeting, if possible, but no later than the following meeting. By-law change proposals which contradict the provisions of the Massachusetts Democratic State Party Charter cannot be considered.

C. Unless and until amended or repealed by the Elected Members, these By-laws shall continue in effect from year to year and no formal motion shall be necessary at any meeting of the Committee in order that they continue in force.

Article XIV – Voting

A. A majority of those present and voting shall be sufficient to transact all business with the following exceptions: endorsement of candidates, for which a vote of not less than two-thirds of Members present and voting shall be required; endorsement of, or opposition to referenda, for which a vote of not less than two-thirds of Members present and voting shall be required; for amendment, suspension, and repeal of these By-laws, for which a vote of not less than two-thirds of the Elected Members present and voting shall be required; for expulsion of Elected or Associate Members, for which a vote of not less than two-thirds of the Elected Members present and voting shall be required; and for removal of Officers from office, for which a vote of not less than two-thirds of the Elected Members present and voting is required. No Member may vote by proxy.

B. Members who have not attended half of the meetings during the time for which they were a Member during the prior twelve months, as calculated by the Secretary, are not eligible to vote; provided, that a Member’s attendance at any of the following events in the prior twelve month period shall be considered attendance at a regularly scheduled meeting and a Member’s absence from such event shall not impact such Member’s voting eligibility:

1. 1. the December meeting of the Committee,
   2. any Democratic caucus,
   3. any State Democratic Convention, and/or
   4. (iv) such other additional meetings as the Secretary may determine pursuant to Article VII.

Article XV – Meetings

Regular meetings of the Committee shall be held at least four times in non-election years and six times in election years, at least once each quarter. The meeting shall be conducted in accordance with the latest revised edition of Robert’s Rules of Order, insofar as said Rules do not conflict with these By-laws; with the laws of the Commonwealth of Massachusetts; and the Charter of the Democratic Party of Massachusetts as amended at its most recent State Convention.

In the event of a refusal of the Chair of the Committee to call a meeting of the Committee, a majority of the Executive Board may, in writing, order the Secretary of said Committee to call a meeting of the Committee.

Said Executive Board shall have the power to act upon all matters pertaining to the Committee arising between the meetings of said Committee.

Seven Members of the Committee may request a meeting by a petition in writing to the Secretary and the Secretary shall call such meeting within two weeks.

Article XVI – Removal of Local Members

Members and officers pledge themselves, as elected officials, to perform diligently and honorably their duties or resign. Members of ward committees may be removed by procedures guaranteeing adequate notice and due process for:

A. Failure to attend at least half of the regularly scheduled Committee meetings during any calendar year.

B. Public support for or financial contribution to an opponent of a nominee of the Democratic party which nominee publicly supports the platform of the Democratic party as adopted at the most recent state and national Democratic convention.

C. Unauthorized use of the Party name or resources.

D. Conviction after appeals are exhausted of a criminal offense other than a misdemeanor. A Member must be given an opportunity to resign before notice of the hearing on the question of removal is given to the membership of the Committee.

A Member removed under this section shall have thirty (30) days to appeal to the Judicial Council (State Committee), and the vacancy may not be filled in such case until the final decision of the Judicial Council is made.

Article XVII- Notice

The Secretary shall notify the Members of the time and place of each meeting. Notices of the meeting shall indicate whether the agenda will include removal of Elected or Associate Members or officers or Executive Board members; the filling of vacancies in Elected or Associate Members; the filling of vacancies in the Executive Board Members; the endorsement of candidates; the endorsement of, or opposition to, referenda; the adoption of resolutions; creation of delegate slates; setting of annual dues or additional assessments; and amendments of these By-laws.

Notice for meetings, except emergency meetings, shall be made by email, unless a Member requests the Secretary provide notice by mail to his/her address of record. In the case of an emergency meeting, the Secretary shall provide notice by reasonable means.

Article XVIII – Dues and Assessments

A. The Committee shall establish annual dues for Elected and Associate Members by majority vote of the Elected and Associate Members present and voting. The Committee may require additional assessments from Elected and Associate Members from time to time by majority vote of Elected and Associate Members present and voting.

B. Annual dues shall be due no later than the regular March meeting of the Committee each year. If dues are not voted on in the February meeting, regular dues remain in place.

C. Waivers of annual dues and additional assessments may be granted for cause in individual cases by vote of the Executive Board.