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12-21-08MikeMemorandumFrom the desk ofMike OsbornChairmanCalifornia Republican Party Rules CommitteeTo: Michael SchwabRe: San Mateo County Republican Central Committee and the question:“CAN VACANCIES BE FILLED PRIOR TO ELECTION OF NEW CHAIRMAN?”Before an opinion on the question can be made a review of the Committee’sbylaws must be done.After reviewing the bylaws I have several observations:1.While the term “appointed member” is used throughout the bylawsthere is no actual definition. In fact, the SMRCC defines differentclasses of members but does not include “Appointed Member.”2.The bylaws are clear on the filling of vacancies. (Ref. §2.01.04(D)1,2)3.The bylaws are clear on the purpose of the Organizational Meeting.a.§2.02.01(A) states:Organizational meeting. The committee shall convene in anorganizational meeting biennially to swear-in elected members, electofficers, and conduct other business as the committee deems necessary.(emphasis added)Discussion:By statute no committee can survive itself. That is, a new committee, withnorelation to the old, must be organized, according to law, following each
 
biannualStatewide Primary. In fact most bylaws forbid contracting or acceptingindebtedness unless they can be disposed of within the committee’s two yearlifespan.Further, all members of the old committee cease to be members at the momentthe Organizational Meeting commences.The swearing in of the newly elected members at the Organizational Meetinghasbecome part of our ceremony but is not a requirement. That is, an electedmember may take the oath anytime following the certification of theirelection.Example: An elected member who may not be able to attend theOrganization Meeting, but who wishes to run for an Executive Board office,which takes place at the Organizational Meeting, may choose to be sworn inbythe County Clerk or a deputy and then have his name placed in nominationeventhough he is absent.This action is not possible for an “Appointed Member” for there is nomechanismfor them to become “Appointed Members.” Simply there is no one who canappoint since there are no members of the future committee until theOrganizational Meetings is called to order.Example: A newly elected member that is certified and sworn in stillcannot vote or hold office until the commencement of the OrganizationalMeeting following their election.Moreover, even though the incoming members are aware that vacancies willexist, that existence does not occur until the committee organizes. At thattimethe mechanism for filling vacancies, provided for in the bylaws, mustproceed.Opinion:1. Vacancies do not exist until a committee organizes.2. Vacancies have to be filled according to the bylaws.3. Members cannot be appointed until there is a committee to appoint them,andthen only as provided for in the bylaws.It is my opinion that the answer to the original question is no. The
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