By-Laws

CALIFORNIA DEMOCRATIC PARTY

ASIAN PACIFIC ISLANDER CAUCUS

ARTICLE I.   NAME AND PURPOSE

1.10 NAME

1.11 The name of this organization shall be the Asian Pacific Islander Caucus (APIC) of the California Democratic Party (CDP), hereinafter referred to as the “Caucus”

1.12 The Caucus does not discriminate on the grounds of the race, color, creed, national origin, sex, age, religion, ethnicity, sexual orientation, or persons with disabilities as defined by the Americans With Disabilities Act of 1990, or economic status.

1.20 PURPOSE

1.21 Consistent with the Bylaws of the California Democratic Party, the Caucus will, on behalf of the Americans of Asian and Pacific Islander origin, strive to:

a. Act as a vehicle to disseminate Democratic Party values and implement policies of the Party in the Asian Pacific Islander American communities;

b. Provide a forum to address political concerns of Asian Pacific Islander Americans;

c. Enhance visibility of Asian Pacific Islander Americans;

d. Promote participation and representation of its members in the legislative executive, judicial and political process of California;

e. Recruit, train and support candidates of Asian and Pacific Islands origin to run for public office.

1.30 REGIONS

1.31 The Southern Region shall be compromised of Imperial, Kern, Los Angeles, Orange, Riverside, San Bernandino, San Diego, San Barabara and Ventura.

1.32        The rest of the counties in California shall compromise the Northern Region.

1.40 ORGANIZATION

1.41 The API Caucus recognizes obligations under CDP Bylaws Article XII.

1.42 Any issues not specifically covered by these by-laws shall be governed by the by-laws of the California Democratic Party. In case of conflict in the by-laws, the CDP by-laws will be the governing document.

1.43 The B&P Caucus specifically recognizes its obligations to adhere to the General Provisions of the CDP Bylaws.

ARTICLE II.  MEMBERSHIP

2.10 MEMBERSHIP ELIGIBILITY

2.11 Full Members- All registered Democrats who believe in purpose of the Caucus are eligible for membership; including all Asian Pacific Islander (API) State Democratic Party officials, API County Democratic Party officials. API appointed and elected delegates to State and National Democratic Conventions

2.11 Associate Member- All persons who are not registered Democrats and believe in the purposes of the Caucus are eligible for associate membership

2.20 VOTING

2.21 All full members in good standing have full voting privileges. A person must be a member for at 30 days prior to election to be eligible to participate in the election, ie. vote, candidate

2.22 All associate members in good standing are entitled to the same voting privileges as full members with the following exceptions; associate members may not vote for officers in the Caucus elections occurring in Biennial State Conventions not  run for elective office of the Caucus.

2.23 Members who have paid their annual dues are in good standing.

2.24 Based on Article Nine, Section 12 of the Charter of the Democratic Party of the United States of America, Resolution of the DNC Rules Committee adopted on June 23, 1994, and Article X, Section 9, b(2) and c, of the By-Laws of the California Democratic Party, all of which prohibit secret ballots beyond the first determining step at which an individual Democrat Expresses his/her personal and individual preference on an action that constitutes part of the delegate selection process for the Democratic National Convention, and further in order to prohibit as an infringement of the voter’s right to know how their representatives have vetoes, no vote by secret ballot shall be taken at any meeting of this Caucus

ARTICLE III.  MEETINGS

3.10 The Caucus shall convene in regular meetings at the time and place where the meetings of the Executive Board of Democratic State Central Committee are being held and at the State Conventions

3.11 Special meeting may be called in the following manner:

a. Upon call of the Caucus Chairperson

b. Upon call of the Caucus Chairperson within 15 days following her/his receipt             of a written request signed by 20% of the voting members of the Caucus; and

c. Upon call of the Executive Board

3.20 All meetings shall be conducted in compliance with Robert’s Rules of Order except as otherwise provided in these By-Laws as interpreted by the Parliamentarian, or the Chairperson with the assistance of the Parliamentarian

3.30 NOTICES

3.31 Notice of regular and special meetings of the Caucus shall be given by secretaries. They shall deposit the notices in the U.S. Mail, fax, email and all available forms of communication including posting on the API Caucus website addressed to each member of the Caucus at least 10 days prior to the convening of each meeting.

3.32 If, upon good cause, the time is shortened, notice may be given by phone, fax, email and/or all available forms of communication including posting on the API Caucus website at least three days prior to the meeting.

3.40 QUORUM

3.41 Twenty percent of the paid members of the Caucus shall constitute a quorum for a general body meeting at the State annual convention.

ARTICLE IV.  OFFICERS

4.10 The officers of this organization shall be a State Chairperson; Northern Chairperson; Southern Chairperson; Northern Vice Chairperson; Southern Vice Chairperson; State Secretary; Northern Secretary; Southern Secretary; State Treasurer; Northern Treasurer; Southern Treasurer. These officers will constitute the Executive Board.

4.11        The State officers will be elected from the whole state.

4.12        The Northern and Southern officers will be elected by their respective regions

4.20        DUTIES AND RESPONSIBILITIES OF OFFICERS

4.21 The State Chairperson, a member in good standing of the API Caucus, shall be the principal executive officer and spokesperson of this organization, its Executive Board and Regional Caucuses. She/he shall do everything necessary to carry into effect the purposes of this organization. He/she will fulfill the duties required of a CDP Executive Board Representative.

4.22 The Northern Chairperson shall be the principal executive officer and spokesperson of the Northern Region and its Executive Board. She/he will report to the State Chairperson. It is the intent of this Caucus to allow broad authority to the Northern Chairperson to carry out the goals in their region.

4.23         The Southern Chairperson shall be the principal executive officer and spokesperson of the Southern Region and its Executive Board. She/he will report to the State Chairperson. It is the intent of this Caucus to allow broad authority to the Southern Chairperson to carry out the goals of Caucus in their region.

4.24         The Northern Vice Chairperson shall do everything necessary to assist the Northern Chairperson in performance of her/his duties in their region

4.25         The Southern Vice Chairperson shall do everything necessary to assist the Southern Chairperson in performance of her/his duties in their region.

4.26         The State Secretary shall maintain all records of the Caucus. He/she shall serve required notices on a statewide bases.

4.27        The Northern Secretary shall maintain records of their regional meetings and activities. He/she shall serve all notices that are of regional bases.

4.28        The Southern Secretary shall maintain records of their regional meetings and activities. He/she shall serve all notices that are of regional bases.

4.27         The State Treasurer shall take custody of funds raised by this organization for use on a statewide bases. She/he shall deposit funds in the CDP APIC accounts and shall make disbursement at the direction of the State Chairperson and the Executive Board. She/he shall make reports at each regular meeting of the organization and receipts and disbursements. She/he shall file quarterly financial reports with the Treasurer of the California Democratic Party as required by the By-Laws of the CDP. The State Chairperson, State Secretary and State Treasurer shall be signatories on all bank accounts. Two signatures shall be required on checks on disburse.

The Northern Treasurer shall take custody of funds raised or received by this organization for use in their region. She/he shall deposit funds in the CDP APIC Northern account and shall make disbursement at the direction of the Northern Chairperson and the Executive Board. She/he shall make reports at each regular meeting of the organization on receipts and disbursements. She/he shall file quarterly financial reports with the Treasurer of the California Democratic Party as required by the By-Laws of the CDP. The Northern Chairperson, Northern Secretary and Northern Treasurer shall be signatories on all bank accounts. Two signatures shall be required on checks to disburse. 4.28 The Northern Outreach Chairperson shall oversee activities of the Development, Education, and Membership Committee as articulated in Article VII, Section 7.40 et. Seq.  with respect to the Southern Region.

4.28 The Southern Treasurer shall take custody of funds raised or received by this organization for use in their region. She/he shall deposit funds in the CDP APIC Southern account and shall make disbursement at the direction of the Southern Chairperson and the Executive Board. She/he shall make reports at each regular meeting of the organization on receipts and disbursements. She/he shall file quarterly financial reports with the Treasurer of the California Democratic Party as required by the By-Laws of the CDP. The Southern Chairperson, Southern Secretary and Southern Treasurer shall be signatories on all bank accounts. Two signatures shall be required on checks to disburse.

5. Amend Article IV, Section 4.31 to read:

4.29 The Southern Outreach Chairperson shall oversee activities of the Development, Education, and Membership Committee as articulated in Article VII, Section 7.40 et. Seq.  with respect to the Southern Region.

4.40 ELECTION OF OFFICERS

4.41 All Statewide officers shall be elected before the conclusion of the State annual convention of the Democratic Party in odd-numbered years. All regional officers will be elected in t heir regions.

4.41 Candidate for office must be a full member of the Caucus in good standing for at least six months prior to election.

4.42 All officers shall be elected by a majority of those present and voting.

4.43 Elections shall be conducted according to the procedure established by th e Executive Board.

4.50 TERMS OF OFFICE

4.51 The term of office shall be for two years time of election except as otherwise provided within this By-Laws.

4.51 Office holders can only serve two consecutive terms in the same position. They are termed out, but can run for the same position after a complete cycle (two years) has been completed. An officer may serve more than two consecutive terms if no other candidate runs for the position and the membership voters 90% to re-elect him/her.

4.60 VACANT OFFICE

4.61 Vacancy in any office shall be filled by special election only in cases where the unexpired term in question exceeds six months. In cases where the unexpired term equal six months or less, a vacancy of the State officers shall be filled by appointment of the Executive Board. In cases where unexpired terms equal six months or less, a vacancy of the Regional officers shall be filled by appointment of the affected Regional Executive Board.

ARTICLE V. REMOVAL OF OFFICERS

5.10 An officer of this organization may be removed from office for cause – that is, misconduct or neglect of duty in office.

  1. At least 20 members of the Caucus must sign and submit to the State Secretary a written Statement of Charges containing the grounds for removal:
  2. The State Secretary, upon receipt of the Statement of Charges, must send a letter to the accused officer by registered mail a copy of the Statement of Charges and a letter stating that the accused officer may either resign or have a hearing by way of motion for removal at the next meeting of the Caucus;
  3. If the accused officer does not resign, the State Secretary shall send a copy of the Statement of Charges to all members of the Caucus along with the notice for the next meeting of the Caucus; and
  4. At said next meeting of the Caucus, the accused officer shall be afforded an opportunity to respond to the charge. After such hearing, upon motion for removal made by one of the signatories to the Statement of Charges, the accused officer may be removed by two-thirds (2/3) vote of all members present and voting, provided there is present and voting at least 33 1/3 percent of membership of the Caucus

ARTICLE VI. MEMBERSHIP DUES

6.10 Annual membership dues for full and associate members shall be determined by the Executive Board of the Caucus. Payment of dues shall not be obligatory for any member to whom it constitutes an economic hardship as determined by the Executive Board.

ARTICLE VII. STANDING COMMITTEES

7.10 The standing committees shall consist of a Chairperson and vice Chairperson appointed by the State Chair and additional persons as deemed necessary.

7.20 FINANCE COMMITTEE

7.21 There shall be a standing committee on Finance whose function shall be to raise funds to support the activities of the Caucus.

7.30 RULES AND RESOLUTIONS COMMITTEE

7.31 There shall be a Rules and Resolutions Committee whose functions shall be to review and evaluate resolutions and amendments to the By- Laws.

7.32 The Chairperson of the Rules and Resolutions Committee shall also serve as Parliamentarian to the Caucus.

7.33 Resolutions seeking the endorsement and support of the Caucus must be received by the Chairperson of the Rules and Resolutions Committee 20 days prior to a State Central Committee meeting; whereupon the Rules and Resolution Committee, in conference with the Chairperson and vice Chairpersons of the Caucus shall approve or disapprove the resolution for Caucus endorsement. The caucus may also consider a resolution at the floor of its meeting provided it be bears at least 10 signatures of its members.

7.34 The caucus is prohibited from endorsing candidates for partisan public offices unless the candidate has received an “official endorsement” by the CDP as provided under the CDP’s Bylaws. Unless a candidate has received an “official endorsement” all motions or support, recommendations or other expressions of approval, no matter how denominated, shall by out of order at any meeting of the Caucus.

7.40 DEVELOPMENT, EDUCATION, AND MEMBERSHIP COMMITTEE

7.41 There shall be a Development, Education, and Membership committee whose functions shall be to develop educational and organizational programs necessary to assist the Caucus in achieving its goals and objectives; to actively seek new members into the Caucus; and to develop candidacy of Asian and pacific Americans for public office.

7.50 PUBLIC AFFAIRS COMMITTEE

7.51 There shall be a Public Affairs Committee whose function shall be to prepare recommendations for the Caucus endorsement or opposition to the candidates for statewide or national office, statewide propositions and any other state or national issues that affect the interest and welfare of the Asian/Pacific communities.

7.52 Endorsement of candidates shall be considered by the Caucus if recommended by this committee and shall be subject to approval by a two-thirds majority of the members present and voting at a meeting called for this purpose.

7.60 EX-OFFICIO MEMBERSHIP

7.61 The State Chairperson of the Caucus shall be an ex-officio member of all standing committees.

7.70 COMMITTEE MEETINGS

7.71 Each of the standing committees shall meet at the regularly scheduled Caucus meetings or at the call of their respective Chairpersons.

ARTICLE VIII. EXECUTIVE BOARD

8.10 There shall be an State Executive Board of this Caucus which shall have all at the powers and duties of the caucus when it is not in actual session/meeting. It may delegate any authority to the Executive Committee.

8.11 MEMBERSHIP

8.13 The Executive Board shall be composed of all current officers of the Caucus immediate past chair and the chairpersons of the standing committee. The State Chairperson shall be the chairperson of the Executive Board.

8.14 presidents or their designee of “recognized” Democratic clubs consisting at least 60% Asian/Pacific membership may become members of the Executive Board on a majority vote of the Board provided said president or designee is also a member of the Caucus in good standing.

A. “Recognized” as used in Section 8.14 is defined as certified by the local County Democratic Central Committee; and

B. They shall have the same voting privileges as accorded to the regular members of the Executive Board, provided they do not miss more than two consecutive meetings without cause.

8.20 MEETINGS

8.21 The Executive Board shall convene in regular meetings at least four times in each calendar year. Such regular meetings shall be held alternately in region as such time and place as the State Chair may designate.

8.30        SPECIAL MEETINGS

a. Upon the call of the State Chair and at such time and such place as she/he may             designate; or

b. Upon call of the Sate Chair within 15 days following her/his receipt of written             request             signed by a majority of members of the Executive Board.

8.40 NOTICES

8.41 Notices of regular and special meetings shall be given by the secretaries. They shall deposit the notices in the U.S. Mail addressed to each member of the Executive Board at least 10 days prior to the convening of each meeting. If, upon good cause, the time is shortened, notice may be given by phone or fax at least three days prior to the meeting.

8.50 QUORUM

8.51 Twenty members or twenty percent of the membership (whichever is less) shall constitute a quorum for Caucus meeting. Majority is required to conduct the Executive Committee or the Executive Board meetings.

ARTICLE IX. AMENDMENTS

9.10 PROCEDURE

9.11 Any proposed amendment shall be presented to the Rules and Resolutions committee in writing. The proposed amendment shall be presented by the Rules and Resolutions committee at a subsequent Caucus meeting.

9.12 The Caucus may consider and vote on an amendment directly presented at a Caucus meeting provided a majority of the members vote to waive Section 9.11.

9.13 An Amendment shall be approved by an affirmative vote of two-thirds majority of the Caucus members present and voting provided a notice of the meeting at which the amendment is considered is given at least ten days prior to the meeting.

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