Proposal for GPCA General Assembly, May 26th-27th, 2007
 

Subject: Updating GPCA Bylaws Section 7-1 Coordinating Committee - Noticing, Conducting, Reporting and Filing of  CC Election Results and Procedures; Establish beginning and ending times for CC terms

Sponsor: Bylaws Committee

Presenters: Tim Morgan (415-706-9827, blkcloud@sonic.net) and Mike Feinstein (Santa Monica, 310-392-8450, mfeinstein@feinstein.org) 

Background and Purpose: This proposal standardizes noticing and reporting requirements for CC regional representative elections and defines beginning and ending dates for CC terms, including providing for grace periods. Current Bylaws provide allow regions to choose their own process for choosing regional CC representatives, yet are vague about what noticing and reporting should occur. Current Bylaws also allow CC representatives to stay in theirs seats far beyond the end of their two-year term, which creates a lack of clarity and standardization about terms, including allowing for situations where CC representatives have stayed almost two years longer than they were elected.

Additional Background: At the June 2006 Moorpark General Assembly, earlier versions of the text contained in this single proposal was separetly presented as two distinct proposals, one dealing with noticing and reporting, and second dealing with beginning and ending times for CC terms.

Among the outstanding concerns expressed at that time was that those two proposals should be combined into one. This updated draft combines the two. In addition, other concerns expressed at tha time were addressed in the following manner:

a) Regarding the initial proposal around noticing and reporting, the following changes were made:

- more clearly and explicitly including the election and terms for alternates
- providing a 30-day minimum notice for CC elections, rather than a 21-day minimum notice
- providing a 21-day minimum, rather than a 13-day minimum, for filing new alternate regional CC processes with the GPCA Bylaws Committee and Coordinating Comittee

These changes seek to provide clarity about expectations and make the process more transparent in the following four ways:

1) the 30-day minimum establishes a uniform minimum standard of noticing of election for CC seats

2) the 21-day filing standard gives the Coordinating Committee and Bylaws Committee the ability to comment on a region's process

3)  the 7-day period to report CC election results helps establish transparency of information and standardization for reporting

4) establishing "basic questions and criteria a region's procedure needs to address" fills a void in the current Bylaws (7-5.1) which speak only about being “consistent with the ten key values, GPCA bylaws, and California law, but do not list any specific criteria a region must address as part of that process.

An additional advantage of this proposal is that, in addition to applying to regions that have alternative procedures for electing CC regional representatives outside of General Assemblies, this proposal also applies to regions that choose to elect their representatives at General Assemblies, which is the current 'default' practice.  Requirements for the default practice are just as vaguely defined as are those for alternative regional procedures. By requiring a region that chooses to use the default to address these same questions, the default process will be improved as well.

b) Regarding the initial proposal around beginning and ending dates for CC terms, the primary outstanding concerns heard in Moorpak revolved around a lack of a grace period to pick CC members, and a perceived arbitrariness around the dates chosen to begin/end at-large terms. This updated draft responds to those changes by:

- providing a 30-day grace period for regions that elect CC members outside of General Assemblies; and

- for regions that elect CC members at the what in the bylaws is currently called "the first General Assembly of the year", provide for that election to occur at the meeting within the first five months of the year at which the GPCA budget is passed; and if that budget meeting is not held within the first five months, provide a grace period until the next General Assembly is held

In addition to these grace periods, the perceived arbitrarines in choosing begin/end dates has been addressed by tying the date to the GPCA fiscal year, by

- defining the beginning and ending dates of CC at-large terms to coincide with the beginning and ending of the GPCA fiscal year.

Committee Decision:  Approved on Bylaws Committee Conference call, March 8th, 2007.

Timeline: Approval at San Francisco General Assembly.

Resources: If approved, Bylaws Committee would update bylaws on web site www.cagreens.org/bylaws

Proposal: Approve Bylaws Language Presented Below (Approval Threshold - any proposal that receives any objection shall be removed from the consent calendar before approval as per GPCA Bylaw 5-8.11)

7-1.4 Selection of Regional Members
Regional members and alternates shall be selected by each region, according to their own process. Each region’s process must be consistent with the Ten Key Values, GPCA bylaws, and California law. The process must be approved by all the County Councils of the active counties of a region;and shall include a minimum 30-day advance notice of the election to all County Council members of the active counties of a region.

The process shall also include

- what body and/or group of individuals is responsible for convening and conducting the selection process
- what body and/or group of individuals is empowered to make the Regional Member selection
- what voting process is used
- what decision-making threshold is used
- how votes are allocated among counties in multi-seat regions
- what the quorum is for decision-making, and
- whether there are mandated noticing requirements over and above the 30-day notice required by the GPCA

The process shall be filed with the Coordinating Committee and the Bylaws Committee at least 21 days prior to any alternative process
election notice is to go out. Regions with two or more seats are encouraged to strive for diversity and gender balance.

Election results, as well as resignations for a region's member(s) and alternate(s), shall be reported to the Coordinating Committee and the County Councils from the region's active counties within seven days; except in the case where a decision-making process of the Coordinating Committee occurs before seven days. In such cases, if a newly elected Coordinating Committee member is to participate in such a decision-making process, the reporting must occur before such participation can begin.

Reporting of election results shall include a record of

- what type of notice was given for the meeting at which the election was held, to whom did it go and when it was given
- how was quorum reached for the election in question
- who ran for each position
- who participated in the decision-making process
- what were the votes of each person who participated in the decision-making process
- what were the results of each election held

7-1.5 Length of Term for Regional Members

The term of office for regional members shall be twenty-four months. If a regional member is chosen by the end of an existing twenty-four month term, that person shall assume their position at the beginning of the next twenty-four month term.

Regions that elect regional members at GPCA General Assembly meetings that were previously identified in GPCA Bylaws as "the first General Assembly meeting of the year", shall hold their election at the General Assembly meeting within the first five months of the calendar year at which approval of the GPCA fiscal year budget is scheduled. The term of office for regional members elected in this manner shall run concurrently with the beginning and ending dates of the GPCA fiscal year, unless otherwise specified by a region's alternative process. If the GPCA does not conduct such a General Assembly meeting within the first five months of a calendar year, the regional member may remain in office until the next General Assembly, at which an election must be held or the seat becomes vacant. If the election is held at such a meeting, the regional member shall serve the remainder of the twenty-four month term, however it is defined.

Regions that have an alternative process to elect regional members outside of such GPCA General Assembly meetings shall make a best faith effort to conduct their election prior to the end of the twenty-four month term. If a region that uses such an alternative process is not able to conduct its election by end of the twenty-four month term, there shall be a 30-day grace period, in which the existing regional member may remain in office. If a new regional member is chosen during this 30-day grace period, then the new member shall serve the remainder of the new twenty-four month term. If a new regional member is not chosen by the end of the 30-day grace period, the seat shall be considered vacant until filled, at which point the person elected shall serve for the remainder of the twenty-four month term.

7-1.7.1 Length of Term for At-Large Members

The term of office for at-large members shall be twenty-four months. The term shall run concurrently with the beginning and ending dates of the GPCA Fiscal Year.

At-large members shall be elected at GPCA General Assembly meetings within the first five months of the calendar year at which approval of the GPCA fiscal year budget is scheduled. If the election occurs before the end of the fiscal year, the at-large member(s) elected shall assume their position at the beginning of the ensuing fiscal year. If the election occurs after the beginning of said fiscal year, the existing at-large member(s) may serve for up to 30 days, after which their seat becomes vacant; and the at-large member(s) elected shall assume their position upon election and serve the remainder of the twenty-four month term. In any case, if the election fails to fill any of the seats to be elected by virture of either too few candidates running or too few candidates achieving the required threshold number of votes, the seat shall be considered vacant as of the election until filled, and the at-large member(s) elected shall assume their position upon election and serve the remainder of the twenty-four month term.

 
Text of Proposed New Language - with deletions from old language in strikeouts in red, new language in green and holdover language in black

7-1.4 Selection of Regional MembersCC Elections and Term of Office

At the first General Assembly meeting of each year, elections shall be conducted for CC seats whose terms are scheduled to expire within the calendar year including two at-large seats and any expiring regional seats not filled by an alternative regional process (see selection of regional members, paragraph 7-1.5). CC representatives shall serve for a nominal term of two years or until their successors are elected. In any event, at-large representatives shall vacate their seats at the end of the term unless reelected, and regional representatives shall retain their seats beyond the end of the term unless replaced or recalled.

7-1.5 Length of Term for Regional Members Selection of Regional Members

Regional members and alternates shall be selected by each region, according to their own process. Each region's process  regional caucus of delegates at General Assembly meetings, unless the active counties of a region select another process. Any such alternative process must be consistent with the ten Ten key Key valuesValues, GPCA bylaws, and California law. and The process must be approved by all the County Councils of the active counties of a region and shall include a minimum 30-day advance notice of the election to all County Council members of the active counties of a region. The process shall also include


- what body and/or group of individuals is responsible for convening and conducting the selection process
- what body and/or group of individuals is empowered to make the Regional Member selection

- what voting process is used
- what decision-making threshold is used

- how votes are allocated among counties in multi-seat regions
- what the quorum is for decision-making, and

- whether there are mandated noticing requirements over and above the 30-day notice required by the GPCA


and The process shall be filed with the Coordinating Committee and the Bylaws Committee at least 221 days prior to any alternative process election. Regions with two or more seats are encouraged to strive for diversity and gender balance.

Election results, as well as resignations for a region's primary or alternate member(s), shall be reported to the Coordinating Committee and the County Councils from the region's active counties within seven days; except in the case where a decision-making process of the Coordinating Commttee occures before seven days. In such cases, if a newly elected Coordinating Commitee member is to participate in such a decision-makingporcess, the reporting must occur before such participation can begin.

Reporting of election results shall include a record of

- what type of notice was given for the meeting at which the election was held, to whom did it go and when it was given

- how quorum was reached for the election in question

- who ran for each position
- who participated in the decision-making process

- what were the votes of each person who participated in the decision-making process

- what were the results of each election held

7-1.5 Length of Term for Regional Members

The term of office for regional members shall be twenty-four months.  If a regional member is chosen by the end of an existing twenty-four month term, that person shall assume their position at the beginning of the next twenty-four month term.

Regions that elect regional members at GPCA General Assembly meetings - that were previously identified in GPCA Bylaws as 'the first General Assembly meeting of the year" - shall hold their election at the General Assembly meeting within the first five months of the calendar year at which approval of the GPCA fiscal year budget is scheduled. The term of office for regional members elected in this manner shall run concurrently with the beginning and ending dates of the GPCA fiscal year, unless otherwise specified by a region's alternative process. If the GPCA does not conduct such a General Assembly meeting within the first five months of a calendar year, the regional member may remain in office until the next General Assembly, at which an election must be held or the seat becomes vacant. If the election is held at such a meeting, the regional member shall serve the remainder of the twenty-four month term, however it is defined.

Regions that have an alternative process to elect regional members outside of such GPCA General Assembly meetings shall make a best faith effort to conduct their election prior to the end of the twenty-four month term. If a region that uses such an alternative process is not able to conduct its election by end of the twenty-four month term, there shall be a 30-day grace period, in which the existing regional member may remain in office. If a new regional member is chosen during this 30-day grace period, then the new member shall serve the remainder of the new twenty-four month term. If a new regional member is not chosen by the end of the 30-day grace period, the seat shall be considered vacant until filled, at which point the person elected shall serve for the remainder of the twenty-four month term.

7-1.7.1  Length of Term for At-Large Members

The term of office for at-large members shall be twenty-four months. The term shall run concurrently with the beginning and ending dates of the GPCA Fiscal Year.

At large members shall be elected at GPCA General Assembly meetings within the first five months of the calendar year at which approval of the GPCA fiscal year budget is scheduled. If the election occurs before the end of the fiscal year, the at-large member(s) elected shall assume their position at the beginning of the ensuing fiscal year. If the election occurs after the beginning of said fiscal year, the existing at-large member(s) may serve for up to 30 days, after which their seat becomes vacant; and the at-large member(s) elected shall assume their position upon election and serve the remainder of the twenty-four month term. In any case, if the election fails to fill any of the seats to be elected by virture of either too few candidates running or too few candidates achieving the required threshold number of votes, the seat shall be considered vacant as of the election until filled, and the at-large member(s) elected shall assume their position upon election and serve the remainder of the twenty-four month term.