In order to promote a better America, with equality, opportunity, and freedom within a just and strong society, we dedicate ourselves to organizing the participation of Democratic college students at the University of California, Berkeley. As college students, we call for action based on principles and for principles based on action. As Democrats, we pledge ourselves to continue the great thoughts of our Party and to bring forth new ideas to keep that tradition alive. As citizens of today and leaders of the future, we shall strive to shape our Party, communities, states, and nation. In this mission, we call for full participation without regard to sex, race, ethnic origin, religion, physical handicap, socioeconomic class, or sexual orientation. Understanding the importance of participation in the Democratic Party to the preservation of our values and principles, we pledge to help organize and activate the latent power of our nation’s Democratic students. For these ends and upon these principles, we, the assembled group of Democratic college students attending the University of California at Berkeley, do hereby associate ourselves and adopt this constitution as the Cal Berkeley Democrats. Article I. Name The name of this organization shall be the Cal Berkeley Democrats, hereinafter referred to as Cal Dems or the “club.” Article II. Purpose The Cal Berkeley Democrats, upon chartering with the Alameda County Democratic Central Committee (ACDCC), the College Democrats of America (CDA), and the California Young Democrats (CYD), shall become a member organization in each of the above groups, and therefore pledges itself to support the philosophy and candidates of the Democratic Party. Furthermore, the Cal Berkeley Democrats declares its intention to continue a century-old tradition of supporting efforts to increase the participation of college students in Democratic Party affairs. To these ends, Cal Dems shall educate and train its members so that they may be better able to: 1. Educate students about the philosophy of the Democratic Party. 2. Register voters on campus and in the community. 3. Assist in the election of local, state, and national Democrats. We will also: 1. Represent the interests of Democratic UCB students, faculty, and staff at local government, committees, boards, and councils, and actively support (or oppose) issues, initiatives, and candidates that help (or hurt) student interests or Democratic values. 2. Accept contributions in the form of gifts, bequests, and membership dues to carry out our purposes and activities. 3. Maintain an up-to-date roster of the Cal Dems membership and keep the members informed of activities relating to the club and to the Democratic Party. Article III. Membership Section A. Eligibility Only currently registered students, faculty and staff may be active members in a registered student organization. Only active members may vote or hold office. Any registered Democrat (or one who plans to register Democrat as soon as they are able) may join the Cal Berkeley Democrats. We will not haze according to California State Law. We will not restrict membership based upon race, color, national origin, religion, sex, physical and mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran (special disabled veteran, Vietnamera veteran, or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized). Neither shall any member hold membership in any organization that advocates the violent overthrow of the United States government. Section B. Members in Good Standing & Membership Dues Members in Good Standing shall be defined as any member, as defined above, who has paid the semester dues, has filled out a membership application, and has attended five meetings that semester. The price level of club dues shall be established from time to time by the Executive Board and agreed upon by a majority vote of the membership in the semester before the change is to take effect. Only Members in Good Standing are eligible to vote or to hold office in this organization. When action is taken before the ninth meeting, Members in Good Standing shall be defined as any member who has paid the semester dues, has filled out a membership application, and has attended at least 50% of the meetings at the time of the official action. A meeting shall be defined as any general meeting, committee meeting, or non-social club event. For the purpose of determining standing, no more than one meeting per week shall be counted. Attendance shall be taken at all meetings and submitted to the Membership Director. Section C. Alumni Membership All former students of UCB (those who have previously been enrolled for at least one academic term) who are also registered Democrats (or declare their support of the Democratic Party) may become Alumni Members of Cal Dems upon receipt of their membership dues. Alumni members cannot vote or hold office in the club, but may otherwise actively participate in all activities. Section D. Honorary Membership With the approval of the Executive Board, any registered Democrat (or anyone who professes support for the Party) may be granted an Honorary Membership. Honorary members are entitled to participate in all club activities, with the exception of holding office and voting. Section E. Membership Lists The club shall keep in written and electronic form a membership list containing the name, address, phone number, email address, birth date, and expected graduation year of each member. Email addresses shall be used to compile an electronic mailing list that shall be maintained by the Membership Director or whomever he/she appoints with the approval of a majority of the Executive Board. Nonmembers can be added to the mailing list at the discretion of the Executive Board. This membership information shall be subject to the rights of inspection required by law. The club shall also keep an ongoing recruitment “sign-up” list for those who have shown interest in the club. This list is private and is not subject to inspection laws. Only the Executive Board may have a full copy of this list without the approval of the Executive Board by a 2/3-supermajority vote. Release and usage of both the membership and recruitment lists is subject to the discretion of the Executive Board. Section F. Transferability of Membership Neither the membership of Cal Dems nor any rights in the membership thereof may be transferred or assigned for value or otherwise. Section G. Termination of Membership The membership of any member shall terminate upon resignation of the member, expiration of the period of membership, non-payment of dues, or expulsion or suspension of the member by the Members in Good Standing. Following a determination by the Executive Board that a member should be suspended or expelled, a notice shall be given 14 days before the proposed effective date of the suspension or expulsion, and the reasons therefore. The member shall be given an opportunity to be heard, either orally or in writing, before the final vote by the Members in Good Standing on the matter. The result of the vote will take immediate effect. Section H. Club Practice The Cal Berkeley Democrats shall not discriminate on the basis of the conditions listed in Article III, Section A. Cal Dems shall not tolerate hazing of any kind, as defined by the California Administrative Code. Article IV. Executive Board Section A. Authority and Responsibility The Executive Board shall have general authority and responsibility for the ongoing affairs of the Cal Berkeley Democrats. Executive Board decisions may only be overruled if four members of the Board vote to bring the issue in front of the Members in Good Standing, who then must vote by a 2/3 supermajority to overrule the decision in question. Section B. Composition The Executive Board shall be composed of the President, Vice President, Membership Director, Communications Director, Finance Director, Political Director, Smart Ass Editor-in-Chief, and IT Director. The IT Director shall be nominated by the previous IT Director and the President, and then confirmed by the Executive Board. The President may also appoint up to two officers to the Board, with each subject to the advice and consent of the full Executive Board. Section C. Quorum A quorum of the Executive Board shall be noted when at least a majority of the Executive Board Members are present in person. The President shall make a good-faith effort to inform Executive Board members of meetings in advance. Section D. Elections Elections for the Executive Board shall take place in the following manner: 1. Elections shall be held at a meeting of Members in Good Standing in the month of April in the Spring Semester. 2. The club membership must be notified of elections both by announcements at meetings and in emails to the membership at least three weeks before the election meeting. 3. Only those who are Members in Good Standing are eligible to vote and run for office in the election. 4. Candidates must fill out a form declaring their intent to run in order to be on the ballot and have their statements sent out. Statements must be sent electronically to the Cal Dems President and the Membership Director by midnight of the Saturday immediately before the election if they are to be included in the email of candidate statements sent to members. Candidates must declare their intent to run by 7pm on the day preceding the elections to have their name on the ballot. 5. Candidates may declare their intent to run up to the point that the election for that position takes place (i.e. the beginning of speeches for that position). 6. The President shall chair the election meeting. In the absence of the President, the Vice President shall act as Chair, unless the Vice President is a candidate, in which case the nextranking officer shall act as Chair, and so on. 7. The elections for officers shall be held in the order of succession. 8. Each candidate shall be given five minutes to speak, followed by two additional minutes for questions and answers. 9. The President shall permit Members in Good Standing to speak in favor of their preferred candidates. During these speeches, all candidates under consideration must leave the meeting. Members shall be given identical speaking times, and each candidate permitted an identical number of speakers. 10. The President and Membership Director outside of the room in which the elections are taking place shall count votes. If the Membership Director is a candidate, the President shall choose a Board Member who is not a candidate. If the entire board is running, the President shall choose a club member to assist them in counting the votes. The President’s choice may be overturned by a majority vote of the membership if an objection is raised. 11. A line for a write-in vote must be included on every ballot. 12. In the case that no candidate receives a majority, a runoff shall be held between the two candidates who received the most votes. Each candidate shall receive two additional minutes to speak. 13. A candidate who loses an election may run for a position that has not been voted on yet. 14. Campaign literature may not be distributed during meetings, at the Cal Dems table, or at any other club event with the exception of the election meeting. 15. Candidates may not use any kind of official club list (physical membership list printout, mailing list, etc.) to campaign, nor may candidates use email directories or posting boards (such as Facebook) to campaign to voters with whom they have no pre-existing relationship. 16. The Membership Director will provide the candidate with a list of members’ attendance records (for the Spring semester) at the time of filing, as long as the candidate files by 7pm on the day preceding the elections. All candidates will be emailed an updated version of the list if it grows following subsequent meetings. 17. Candidates may not influence voters by giving them any kind of gift, monetary or otherwise, in return for votes. Appropriate punishment shall be determined by the Executive Board. 18. The President and the Executive Board will determine violation of these bylaws. Section E. Terms of Office All elected officers’ terms will commence on May 1st, and terminate on April 30th of the following year. Appointed officers’ terms will begin immediately after acceptance of the post, and will expire at the end of the semester the appointment was made. No person may hold the same office for more than one academic year. However, a person may run for an office again if they held that office for less than one full semester. The IT Director will have a one-year term and will not have term limits if there is no qualified person to replace him or her. Section F. Removal Executive Board members may be removed in the following manner: 1. Cause for Removal: Cause for removal shall be defined as malfeasance, misfeasance, or nonfeasance of assigned duties, being convicted of a felony, or other grounds found by twothirds of the other members of the Board to constitute good and sufficient cause. 2. Process for Removal: To begin the process of removal, any Member in Good Standing may charge the officer with the reasons for his/her removal during a meeting of the Executive Board. The officer in question must be offered an opportunity at that meeting to defend him/herself. If the charge stands, after a period of two weeks, the issue will be put up for a membership vote. Then, if a quorum exists, the Members in Good Standing must vote for removal by a majority vote. Section G. Vacancies A vacancy shall be declared when a member of the Executive Board dies, resigns, is removed from office, or misses three or more consecutive Executive Board meetings without an approved excuse (as defined by the Board). If there is a vacancy of any other position than the President, the President shall appoint a successor with the majority consent of the remaining officers. If the vacancy is the President, then the automatic replacement follows the following line of succession: Vice President, Membership Director, Communications Director, Finance Director, Political Director, IT Director, and Smart Ass Editor-in-Chief. Article V. Duties of the Officers Section A. The President shall: 1. Be the Chief Executive of the Cal Berkeley Democrats. 2. Act as the official representative to other groups and the media. 3. Define the agenda of the organization for her/his tenure. 4. Carry out the mandates, policies, and directives of the Executive Board. 5. Appoint, with the advice and consent of the Executive Board, standing and ad hoc committees and coordinators of such committees. 6. Be responsible for maintaining relations between elected Democrats on the local, state, and national levels and the Cal Berkeley Democrats. This includes: Serving as the Cal Dems representative to the ACDCC, CCD, CYD, and CDP. Establishing discourse with local elected legislators on both the state and national level. Developing and maintaining Cal Dems’ involvement in larger Democratic and Progressive organizations. 7. Preside over all official meetings. Section B. The Vice-President shall: 1. Assume the office of President when there is a vacancy of that office. 2. Each semester, create with the president and execute an agenda regarding greater external Democratic involvement. 3. Act as the primary liaison/signatory with UCB Office of Campus Life and Leadership, ensure the club is reregistered every semester, that all activities are in accordance with University policy, that rooms have been reserved for our meetings, and that all permits are acquired for special events, etc. 4. Create a comprehensive voter registration plan, including quantitative targets, within two weeks of the start of each semester, and oversee the execution of this plan 5. Coordinate community service events for the club to strengthen its ties to the campus and Berkeley community while striving to improve said communities. 6. Make all necessary preparation for organizational meetings and record and distribute all minutes of meetings in a timely fashion. 7. Interpret these bylaws to resolve pressing disputes. The Vice President's rulings may be overturned by a simple majority of the Executive Board. 8. Perform such duties as the Executive Board or President may assign. Section C. The Membership Director shall: 1. Maintain membership records and coordinate membership activities. 2. Create a comprehensive recruitment and retention plan by the start of each semester, and oversee the execution of this plan 3. Help members connect with each other for the purpose of developing contacts for possible internship and job opportunities. 4. Maintain an updated list of all contact information for all interested students (members, nonmembers, and alumni) and be responsible for keeping them informed of club activities and events though a weekly digest and other any other necessary means 5. Ensure that Cal Dems is always chartered with CCD, CYD, and CDP. 6. Coordinate record-keeping related to Cal Dems such as clippings, photos, etc. 7. Coordinate tabling on Sproul Plaza. 8. Perform such duties as the Executive Board or President may assign. Section D. The Communications Director shall: 1. Serve as Chair of a committee on public relations and be responsible for reserving a room and organizing the weekly meetings of that committee. 2. Be responsible for publicizing events hosted by the club. 3. Maintain and develop the Cal Dems “brand” to both on-campus and off-campus audiences. 4. Create media in an effort to spread Democratic values and bolster the club’s campus and community presence. 5. Administer and analyze surveys given to the club and campus community in an effort to: a. Better understand the needs of the club b. Measure the effectiveness of the club’s communications strategy 6. Assist in updating and maintaining the club’s online website. 7. Assist and advise other board members as needed in matters of communications. 8. Perform such duties as the Executive Board may assign. Section E. The Finance Director shall: 1. Be the Chief Financial Officer for the Cal Berkeley Democrats and serve as the Treasurer of record. 2. Create a comprehensive budget within two weeks of the start of each semester in coordination with the Executive Board, including specific fundraising targets 3. Direct all fundraising activities and membership dues collection. 4. Be responsible for developing and maintaining a list of past and possible future donors to the club. 5. Maintain complete records of all expenditures and receipts. 6. Coordinate Club reimbursement procedure. 7. Process applications for ASUC funding and grant applications, and maintain the accounts of the club. 8. Perform such duties as the Executive Board or President may assign or are customarily performed by a Treasurer. Section F. The Political Director shall: 1. Advise and assist the President and Vice President with the responsibility of maintaining contact with elected officials and local, state, or national campaigns. 2. Notify the membership of political events and maintain and expand the club’s involvement in government and political activities. 3. Serve as Chair of a committee on policy, politics, and progressive values as conceived by the Executive Board and be responsible for reserving a room and organizing the weekly meetings of that committee. 4. Periodically arrange debates between the club and other campus organizations. 5. Periodically create informational materials relating to new or pending legislation. 6. Work with the IT Director to maintain the club’s online presence. 7. Perform such duties as the Executive Board or President may assign. Section G. The Tech Director shall: 1. Maintain and update the Cal Dems online presence and email system. 2. Assist the Smart Ass Editor-in-Chief with any IT needs (this includes but is not limited to a Smart Ass website). 3. Assist Executive Board members in maintaining their electronic needs. 4. Perform such duties as the Executive Board or President may assign or are customarily performed by an Information and Technology officer. Section H. The Smart Ass Editor-in-Chief shall: Refer to Smart Ass Constitution. Article VI. Regular Meetings Section A. Frequency of Meetings The President shall set a schedule of regular meetings that includes at least one general meeting every other week of the academic year, excluding breaks or vacations. All general meetings shall be well publicized and shall be conducted at reasonable hours and locations. Section B. Quorum A quorum at a Cal Dems general meeting shall consist of no less than 25.1% of the total number of Members in Good Standing. A quorum shall be required at all general meetings before any official action can be taken. Article VII. Endorsement Procedure Section A. Overview The platform of the Cal Berkeley Democrats shall consist of any and all endorsements made by the Club. The Cal Berkeley Democrats may endorse: 1. 2. 3. 4. 5. The Democratic Party candidate in partisan political office; Democratic primary candidates for major political office; Any Democrat for non-partisan political office; Any bill, initiative, measure, advisory petition, or action; Members in Good Standing and Alumni Members for any office within the Democratic Party structure, including the California Young Democrats and California College Democrats. The Cal Berkeley Democrats may not endorse: 1. 2. 3. 4. Anyone who is a member of the Ku Klux Klan or any other racist organization; Anyone who supports the violent overthrow of the United States government; Non-Democrats for any position; Candidates in any other campus organization election. Section B. Endorsement Procedure 1. The President, or an officer designated by the President, shall preside over the endorsement process. 2. The presiding officer shall make a good-faith effort to contact relevant candidates and campaigns, and give them an opportunity to speak at the endorsement meeting. All candidates and campaigns shall be given an equal opportunity to participate. 3. The voting process shall be determined in advance by the Executive Board. The presiding officer may change this process as conditions require, subject to a two-thirds vote among Members in Good Standing. However, the endorsement threshold must be a 2/3 vote among Members in Good Standing. 4. If the club fails to take a position on an issue, it shall vote No Endorsement at CYD or CCD meetings (when applicable). Article VIII. Dissolution Dissolution of the Cal Berkeley Democrats requires unanimous approval of the Executive Board and approval of three-fourths of the Members in Good Standing at two consecutive general meetings. Upon dissolution, all unspent funds (after expenses/liabilities are accounted for) will be donated to CYD or CCD. All unspent ASUC funds shall remain the property of ASUC. All Graduate Assembly funds shall remain the property of the Graduate Assembly. Remaining privately obtained funds may be donated to another non-profit organization with prior approval of the ASUC Senate Finance Committee. It is hoped that the organization that receives these funds will return it to any new Democratic organization that comes into existence at UC Berkeley in the future. Article IX. Constitutional Amendments Any Member in Good Standing may propose an amendment to this constitution. This constitution may only be amended after a one-week notice before the proposed vote where the change is approved by a 2/3 supermajority. All amendments, additions or deletions must be filed with the Office of Student Life, 10 Sproul Hall. All amendments, additions or deletions must be filed with the ASUC Office of Student Affairs, 400 Eshleman Hall within one week of adoption. Article X. Parliamentary Procedure The authority used for points not covered in these bylaws is Robert’s Rules of Order. Article XI. Smart Ass Cal Berkeley Democrats is to assist in the publication and promotion of Smart Ass, upon the request of the Smart Ass Editor-in-Chief. Reviewed and approved by the Cal Berkeley Democrats at a general meeting on: April 21, 2005 By Pamela Bachilla, President And Albert Fang, Secretary Article V amended and approved by the Cal Berkeley Democrats at a general meeting on: April 9, 2009 By Molly Brennan, President And Claire Viall, Secretary Proposed by Keith Yetter, Board Member Article V, section D amended and approved by the Cal Berkeley Democrats at a general meeting on: April XX, 2010 Proposed by Joshua Abeyta, Marketing Director