Caucus Rules

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The Rules of the

Monroe County Independence Caucus

Adopted in Rochester, NY

September 3, 2004

ARTICLE I

General Provisions and Definitions

Section 1-1 Authority.

There shall be a Caucus in Monroe County to be known as THE MONROE COUNTY INDEPENDENCE CAUCUS. This Caucus. is not a political party as defined in Sections 2-104 and 2-112 of the NYS Election Law. The Caucus consists of a multi-partisan group of elected officials who are interested in promoting solutions to issues that are important to their consituents but are in danger of being filabusted because of political party squabbling. As such this caucus cannot be subordinate to or controlled by any recognized political party and has always been an independent political organization.

Section 1-2 Definitions..

1. Super Majority. Requires at least a two thirds (2/3) majority
2. Other Terms. Other terms used herein are defined in Section 1-104 EL
3. Caucus: MONROE COUNTY INDEPENDENCE CAUCUS

Section 1-3 Use of Name and Emblem.

No person or group of persons may organize or maintain an INDEPENDENCE CLUB or Committee or use the INDEPENDENCE CAUCUS name or emblem or use the term INDEPENDENCE as a part of the name of any association or organization without the express permission and approval of the INDEPENDENCE CAUCUS as evidenced by a certificate signed by the Chairman and the Secretary of the Monroe County Independence Caucus which specifies the name of the organization authorized and the exact phrase permitted. As the Monroe County Independence Party has already given its consent to the Caucus permitting the use of the name MONROE COUNTY INDEPENDENCE CAUCUS, likewise the same courtesy is hereby granted to the Party with respect to the name MONROE COUNTY INDEPENDENCE PARTY.

Section 1-4 Caucus Funds.

1, Restrictions. No funds may be solicited, accepted or raised in the name of, or on behalf of, the MONROE COUNTY INDEPENDENCE CAUCUS, or any Club other than the Chairman Don Porto Club, Committee, association or organization referred to in the preceding section, without the express permission and approval of the MONROE COUNTY INDEPENDENCE CAUCUS as evidenced by a certificate signed by the Chairman of the MONROE COUNTY INDEPENDENCE CAUCUS.

2. Authorization. The members of the MONROE COUNTY INDEPENDENCE CAUCUS acting on behalf of the Caucus, do not require such a certificate and are at all times empowered to solicit, accept and raise funds in the name of, or on behalf of, the MONROE COUNTY INDEPENDENCE CAUCUS providing that all funds accepted are promptly deposited with the MONROE COUNTY INDEPENDENCE CAUCUS Treasurer.

Section 1-5 Political Units.

It is not intended for the Monroe County Independence Caucus to have ballot status.

ARTICLE II

The County Caucus

Section 2-1 Membership.

Members. The CAUCUS shall consist of all the duly elected officials who currently hold office and either were endorsed by the Independence Party during the 2001 thru 2004 General Elections; or were endorsed by the Chairman of the CAUCUS in years subsequent to 2004. In addition to the elected officials, membership may include up to 5 (five) officers. These officers shall include Don Porto as the Chairman, a Secretary, a Treasurer, a Parlimentarian and a Sargent At Arms. Those members who are not currently elected officials are appointed by the Chairman and serve at his pleasure. In addition, former elected officials who were once caucus members may serve as ex-officio members of the caucus.

Section 2-2 Filling of Vacancies.

A vacancy results from the death, resignation, declination, disqualification, removal from district, removal from elected office of a member of the CAUCUS. In such cases the Chairman may or may not appoint another elected official to serve the balance of the term in the same manner by which it was originally filled.

Section 2-3 Voting.

In all matters before the CAUCUS, any subordinate or sub-committee, each member shall cast one (1) vote. Neither ex-officio members nor officers are permitted a vote in any meeting of the CAUCUS with the sole exception of the Endorsement Committee as described in Section 5-1 below.

ARTICLE III

Caucus Officers

Section 3-1 Qualifications.

1. Qualifications. At present all officers of the CAUCUS are determined by and serve at the pleasure of Chairman Don Porto. After consulting with the caucus, qualifications and how subseqent chairman are chosen along with the legnth of the chairman's term will be addressed.

Section 3-2 Appointed Assistants.

none

Section 3-3 Duties and Responsibilities of Officers.

1. Chairman. The Chairman shall preside at all meetings of the Caucus. He/She, or his/her designee, shall be the chief spokesperson for the CAUCUS to the public, the media and especially the CAUCUS membership. He/She shall appoint to serve at the Chairman’s pleasure, subject to veto by a two-thirds (2/3) majority non-concurrent of the Caucus, eligible members of the CAUCUS to any of the appointed positions (who are not considered officers of the CAUCUS). He/She shall perform the duties ordinarily performed by the Chief Officer of a political organizatiohn and such other duties as may be prescribed by law or assigned to him/her by the Caucus.
2. Secretary. The Secretary shall be the Chief Recording and Corresponding Officer of the Caucus. He/She shall keep the minutes of all meetings of the Caucus and shall send out all notices of meetings, shall keep the records of said committees and the files of correspondence of the officers and committees. He/She shall cause to send or deliver a draft copy of the minutes of all Caucus meetings to each member of the Caucus within twenty five (25) days of said meeting and shall cause to send or deliver a copy of the minutes of all County Sub Committee meetings to each member of the County Sub Committee within twenty five (25) days of said meeting and shall make a copy of same available to such other members of the Caucus requesting same. These minutes shall be delivered by e-mail or fax. He/She shall arrange for the day, date, time and place of meetings of the Caucus. He/She shall be responsible for the preparation and filing of all reports required by law, except those which have to do with financial matters, or which by law are required to be filed by some other officer. He/She shall also prepare and mail all notices and statements required by law or by these Rules to be forwarded to other party organizations in the county or state. In general, he/she shall perform the duties ordinarily performed by the Secretary of a political organization and such other duties as may be prescribed by law or assigned to him/her by the Caucus and/or the Chairman. He/She shall perform the duties of the Chairman in case of the Chairman’s absence with the consent of the Chairman.. In case of the absence or incapacity of the Secretary if an Assistant Secretary has been appointed, such Assistant Secretary shall be the Acting Secretary for the meeting. If more than one Assistant Secretary has been appointed, then the respective committee shall elect one of the Assistant Secretaries as Acting Secretary for the meeting, otherwise the respective committee shall elect a member of that committee as Acting Secretary for the meeting.
3. Treasurer. The Treasurer shall be the Chief Financial Officer of the Caucus. He/She shall be responsible for the solicitation, acceptance, raising and collection of funds for party purposes in and for Monroe County. He/She shall see that such funds are properly disbursed. He/She must personally sign all checks of the Caucus; furthermore, he/she must insure that his/her signature on all such checks is counter-signed by either the Chairman.. He/She shall not pay any debt of the Caucus in excess of one thousand dollars ($1,000.00) without the authorization of a majority of the Caucus. He/She shall not encumber the Caucus with any loan or other liability without the authorization of a two-thirds (2/3) majority of the Caucus. He/She shall file in a timely manner and with the proper officers or boards all financial reports and statements required by law of the Caucus and shall cause to send or deliver a copy of same to each member of the Caucus within thirty (30) days of filing date. In general, he/she shall perform the duties ordinarily performed by the Treasurer of a political party Caucus and such other duties as may be prescribed by law or assigned to him/her by the Caucus and/or the Chairman. He/She shall perform the duties of the Chairman in case of the Chairman’s and the Secretary’s absencewith the consent of the Secretary. In case of the absence or incapacity of the Treasurer, if an Assistant Treasurer has been appointed, such Assistant Treasurer shall be the Acting Treasurer for the meeting or function. If more than one Assistant Treasurer has been appointed, then the respective committee shall elect one of the Assistant Treasurers as Acting Treasurer for the meeting or function, otherwise, the respective committee shall elect a member of that committee as Acting Treasurer for the meeting or function.
4. Parlimentarian
5. Sargent At Arms

Section 3-4 Removal of Members.

To be determined

ARTICLE IV

Meetings

Section 4-1 Quorum.

A quorum of the Caucus, of all sub-committees thereofand of all subordinate committees thereof, shall consist of twenty-five per centum (25%) of the actual members of such committee, present in person (see Section 4-2 of these Rules, below) and, unless otherwise provided by law, may transact the business of the Caucus, and sub-committee thereof or any subordinate committee thereof. At any meeting of the Nominating Committee (as described in Section 5-1 below) at which a nomination or designation is made, there must be a quorum of a majority of the actual members of such committee present in person (see Section 4-2 of these Rules, below). Likewise at any meeting of the Caucus, exclusive of the biennial Organizational Meeting, at which a Rule Change, Removal of a Member or the Recall of an Officer is made, there must be a quorum of a majority of the actual members of such committee present in person (see Section 4-2 of these Rules, below). Less than a quorum may adjourn a meeting to another day, date, time and place of not more than ten (10) days later.

Section 4-2 Proxies.

Proxies are not permitted.

Section 4-3 Adoption and Amendment of Rules.

These Rules shall continue to be the rules for the Caucus until they are amended or new Rules are adopted. At present only the Chairman vcan amend the rules.

Robert’s Rules of Order Newly Revised shall govern all matters of parliamentary procedure where no provision of these Rules is applicable or specific.

Section 4-4 Order of Business.

The following shall be the order of business at all meetings of the Caucus (and, to the extent appropriate, of all subcommittees and subordinate committees): Call to Order; Pledge of Allegiance; Roll Call of Members; Setting of Agenda; Reading and Approval of Minutes; Adoption of Rules ; Filling of Vacancies; Reports of Officers; Reports of Committees; Unfinished Business (including Special & General Orders); New Business; Announcements; Program(s), if any; and Adjournment.

Section 4-5 Agenda Items.

The Chairman shall submit a proposed agenda to the Secretary along with information regarding the call of any meeting. The Secretary must place on the agenda of a meeting as New Business any motion, resolution, or other item of business proposed to be transacted by the Caucus, submitted to the Secretary no less than two (2) days before a scheduled meeting of the Caucus, in writing and signed by at least fifty per centum (50%) of the total members of the Caucus.. The membership of the respective committee, subject to a super majority vote, have the right to approve or modify the agenda of any meeting as provided for in the Order of Business (see Section 4-4 of these Rules, above), unless otherwise provided by law.

Section 4-6 Call and Notice of Meetings.

1. Call of Meetings. The Chairman shall set, subject to veto by a two-thirds (2/3rds) majority non-concurrence of the Caucus, the day, date, time and place of all meetings of the Caucus.
2. Notice of Meetings. These Rules satisfy the notice requirements for regularly scheduled meetings (As specified in Section 4-8 below) provided that the time, date and place of the next regularly scheduled meeting is announced at the prior meeting. . Notice of the day, date, time and place of non regularly scheduled meetings of the Caucus must be delivered by hand, telephone, facsimile, e-mail or mailed to each member not less than five (5) days before such meeting, and notice of all adjourned meetings of the Caucus must be delivered by hand or mailed to each member not less than five (5) days before such meeting, except when a different notice is required by law. Such notice shall be directed to the address or telephone number of each member as it appears on the records of the Caucus.

Section 4-7 Organizational Meeting.

To be determined by the Chairman.

Section 4-8 Regular Meetings.

To be determined by the Chairman.

Section 4-9 Special Meetings.

To be determined by the Chairman

ARTICLE IV

Committees

Section 5-1 Endorsement Committee.

1. The Chairman shall determine the size and who serves on this committee by Februrary of each year. He may choose anyone who is not registered in a party occupying Row A or B on the ballot and who is registered to vote in the upcoming General Election to serve on this committee.
2. Authority and Duties. The Endorsement Committee shall have sole authority to designate and/or nominate candidates for public office.
3. Meetings. The Endorsement Committee shall meet as needed between March 1st and September 1st of each year.

ARTICLE VI

Endorsements for Public Office

Section 6-1 Endorsements

Methodology. Endorsement for congressional, state senate, state assembly, and all county offices and for all city, town and village offices in cities, towns and villages shall be made in accordance with the Rules of the MONROE COUNTY INDEPENDENCE CAUCUS, and nothing in these Rules diminishes powers granted to the Caucus therein.

ARTICLE VII

Saving Clauses

Section 7-1 Severability.

If any clause, sentence, subdivision, paragraph, section, article or part of these Rules or any amendment thereto shall be adjudged to be invalid or otherwise rendered inoperative by any court of competent jurisdiction, such judgment or other judicial action shall not affect, impair, invalidate or render inoperative the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section, article or part thereof directly involved in the controversy in which such judgment or other judicial action shall have been rendered to taken.

Section 7-1 Other Provisions.

Any matter not included within these Rules shall be provided for by the Caucus to the extent permitted by law..

last modified 9/3/2004

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