Bylaw 315 - Censure/Punitive Action of Internal Management
Section 1 (Applicability)
Members of Internal Management, which includes members and officers of the Executive Committee and Central Committee, or appointees of either committee, may be formally accused by the Central Committee of misconduct or neglect of duty, or previously non-disclosed felony convictions or new felony indictment(s). Only one member may be charged at a hearing, and only one hearing may be conducted at a time.
Section 2 (Internal Indictment)
A. In order for a member of Internal Management to be indicted, three members of the Central Committee must state their reasons and recommend in writing, or in electronic form, to begin a proceeding. These recommendations must be received within a reasonable time frame from one another; no complaint older than thirty days shall count towards this number.
1. The ExComm chair may submit a recommendation on behalf of Party members who have sent complaints but who are not members of the Central Committee, to be included with the Central Committee complaints (does not count towards the required minimum complaints from Cent Comm members).
B. The accused member of Internal Management shall be notified in writing or electronically within two weeks’ that the action by the Central Committee is being contemplated and shall be provided the reasons for the proceeding. Said member shall be given a reasonable opportunity to make an appearance and produce evidence and witnesses in his or her own favor prior to any vote being taken.
Section 3 (Hearing)
A “Special Meeting” (as defined by Robert’s Rules) of the Central Committee shall be called to occur no later than 30 days after the accused is notified, to initiate a proceeding. All members of the Central Committee must be notified of the meeting no less than two weeks in advance by normal written or electronic means. Electronic attendance is not permitted for this meeting. If the scheduled meeting doesn't meet quorum, another meeting for the proceedings shall be scheduled to occur within 30 days.
Section 4 (Conviction and Penalty)
A. Conviction shall require either a majority of the entire seated Central Committee or two-thirds of those present, whichever is greater. It may include punitive actions including but not limited to censure, or removal from office. The accused member's seat doesn't count towards the required vote totals and the accused does not get a vote in the proceedings.
B. The period of any punitive action taken shall be determined by the Central Committee.
C. The majority of delegates at a State Convention may reduce the time period of punitive action.
D. Nothing in this Bylaw shall prevent a member of the Central Committee from being removed pursuant to Bylaw 200 Section 6, or any other Bylaw.