ADTC By-Laws
As adopted June 29, 2019
Article I - NAME
This organization shall be known as the Andover Democratic Town Committee, herein after called the Committee or ADTC.
Article II - PURPOSES
This Committee is organized and constituted under authority of and in accordance with the relevant provisions of the General Laws of the Commonwealth, and shall have as its purposes the following: to foster and advance the ideals and aims of the Democratic Party as articulated in the Massachusetts Democratic Party platform; to work and organize for the success of candidates at the Local, County, State and National levels who embrace the ideals and aims of the Democratic Party; and, to do all things necessary and incidental to the building and strengthening of the Democratic Party and its values in Massachusetts and within Andover. Moreover, the ADTC believes that government exists to ensure our security, to protect our freedoms, to strengthen individuals, families and communities, and to enact social and economic justice for people in Andover, the Merrimack Valley, the Commonwealth of Massachusetts, the United States of America and the world. The ADTC is committed to electing Democrats in good standing to further these ideals in municipal, state and federal elections and to encourage promoting basic human rights and environmental protections throughout the world. The ADTC believes that the democratic process, for which our great political party has stood and fought for more than 200 years, is the best way to achieve these principles.
Article III - MEMBERSHIP
A.
The Andover Democratic Town Committee shall consist of thirty-five (35) [or such lesser number designated and reported to the Massachusetts Secretary of State prior to Presidential Primary elections] registered Democrats in Andover who shall have been elected at the Presidential Primary for a period of 4 years, together with those elected to membership by the members of said Committee up to the maximum number of 35, in conformance with the provisions of law. In addition, those members specified in Sections G. and H. of this Article shall be included as full members of the ADTC.
B.
The Committee, following the election of its members, shall meet and organize, choose a Chairperson, Vice Chairperson, Secretary, Treasurer, Affirmative Action and Outreach Advisor, and such other officers as it may decide to elect. At such meeting, the Committee may add to its elected members provided it does not exceed the total allowed by law as found on file with the Secretary of State’s Office.
C.
The Committee may, by vote at any meeting, authorize the appointment of associate members. Associate members shall not have the right to vote but shall have such other powers and duties as the Committee may determine.
D.
Any member of the Committee who changes residence from Andover during the said four years shall cease to be a member of the Committee at that time.
E.
Any member of the Committee may resign from the ADTC upon providing written notice to the Chairperson of the Committee.
F.
Vacancies of elected members of the Committee shall be filled by vote of a majority of all members present and voting. Associate members, if any, shall be the candidates first considered for filling the vacancies.
G.
With respect to current members of the Committee who have served as such for 20 or more years, said members shall thereafter become lifetime members of the ADTC. Lifetime members are full voting members of the Committee and retain the same rights and privileges as elected members, including the right to vote on any matter before the Committee, to serve as an officer of the Committee, and to serve on any state or national committee to which he or she is otherwise qualified. Notwithstanding the foregoing, lifetime members may seek a position as an elected member on the Committee pursuant to Section A of this Article.
H.
Members of the State Democratic Committee who reside in Andover, and who are not otherwise members of the ADTC, shall be considered ex officio members. Such members of the State Democratic Committee shall have the same rights and privileges as an elected member, including the right to vote on any matter before the Committee, to serve as an officer of the committee, and to serve on any state or national committee to which he or she is otherwise qualified.
I.
Members may be removed in conformity with Article XV of these By-Laws.
Article IV - OFFICERS
A.
The officers of this organization shall consist of a Chairperson, Vice Chairperson, Secretary, Treasurer, and one or more Affirmative Action and Outreach Advisors. These officers shall be elected at the Committee organizational meeting and shall Serve for a term of two years, at the end of which new elections for officers shall be held. (The Chair(s) and Vice Chair(s) shall, to the greatest extent possible, not be of the same gender. The Chair(s) and Vice Chair(s) may be of the same gender only when no feasible alternative exists.) The Chairperson, Vice Chairperson, Secretary and Treasurer shall be elected, lifetime or ex officio members of the ADTC. The Affirmative Action and Outreach Advisors shall be elected, lifetime, ex officio, or associatemembers of the ADTC.
B.
There shall be an Executive Committee consisting of the officers of the Committee and others elected. The purpose of the Executive Committee is to provide overall leadership for the Committee, set the agendas for meetings of the ADTC, encourage active participation of all members, guide and support the work of the Affirmative Action and Outreach Advisor, and set a tone consistent with the values of the Democratic Party.
C.
In the event of death, resignation or the permanent removal from the ADTC of any of the above-named officers, their places shall be declared vacant and be filled at the next regular meeting of the Committee. A statement of such changes in the officers of the Committee shall be sent immediately by the Secretary of the Committee to the Secretary of the Commonwealth, to the Secretary of the Democratic State Committee and to the Andover Town Clerk.
Article V - CHAIRPERSON
The Chairperson shall, in addition to the duties required by law, preside at all meetings of the Committee, ensure compliance with these by laws, and shall have general charge and supervision of all Committee activities. The Chair shall have the power to appoint all standing committees and such other special committees as are created from time to time. The Chair shall have the power to call all special meetings of the Committee and all regular meetings at such time or times as may seem to be advisable, subject only to the vote of the Committee in fixing the minimum number of regular meetings to be held during the course of the year.
Article VI - VICE CHAIRPERSON
The Vice Chairperson shall preside at all meetings of the ADTC in the absence of the Chairperson. The Vice Chairperson shall perform all duties and have the powers of the Chairperson in the case of the Chair’s temporary absence.
Article VII - SECRETARY
The Secretary shall keep a record of all proceedings of the Committee and shall issue notice by email to each member of each meeting of the Committee at least seven days prior to the date of the meeting. The Secretary shall, within ten days after the organization of the Committee or such other deadline as may be required by state or local law, file with the Secretary of the Commonwealth, the Secretary of the Democratic State Committee and the Andover Town Clerk a list of the officers and members of the Committee; and shall immediately file with the same officials a statement of any changes in the organization or membership of the Committee thereafter. The membership list shall include all elected, lifetime, associate and ex officio members and shall include, to the extent possible, the date when each person first assumed their particular status as a member of the ADTC.
Article VIII - TREASURER
The Treasurer shall have the custody of all funds belonging to the Committee and shall pay all orders subject to the approval of the Chairperson and shall procure and file vouchers for all such payment. No expenditures of funds of the Committee shall be made by the Treasurer outside the regular activities or expense thereof except upon the approval of a majority of the Committee at a special or regular meeting. The Treasurer shall submit a report of the financial condition and transactions of the Committee at all regular meetings. A detailed report shall be provided at least annually or as required by law, including OCPF regulations. Additionally, the Treasurer will file reports with the appropriate state and local offices with regard to all financial activities and in-kind contributions
Article IX - AFFIRMATIVE ACTION AND OUTREACH ADVISOR(S)
The Affirmative Action and Outreach Advisor(s) shall be responsible for developing strategies and activities to expand participation in the Committee, with an emphasis on the Party’s Affirmative Action target groups.
Article X - CALLING A MEETING WITHOUT CONSENT OF CHAIRPERSON
A.
In the event of a refusal of the Chairperson of the Committee to call a meeting of the
Committee, a majority of the executive committee may, in writing, order the Secretary of said Committee to call a meeting of the Committee.
B.
Said executive committee shall have the power to act upon all matters pertaining to the Committee arising between the meetings of said Committee.
C.
Seven members of the Committee can request a meeting by a petition in writing to the Secretary and the Secretary shall call such meeting within two weeks.
Article XI - QUORUM
The presence of ten (10) elected, lifetime and ex officio members of the Committee or one-third (1/3) of the total number of elected, lifetime and ex officio members of the Committee, whichever is less, shall constitute a quorum for the transaction of business. In the absence of a quorum, the Chair may take such time-critical actions as are necessary for the effective functioning of the Committee and shall report such actions at the next meeting of the Committee.
Article XII - BY-LAWS COMMITTEE
There shall be a By-Laws Committee appointed by the Chairperson from the duly elected, lifetime and associate members. The Chairperson shall designate the Chairperson of the By-Laws Committee.
Article XIII - CHANGES IN THE BY-LAWS
A.
These By-Laws may be amended or repealed at any regularly called meeting of the elected members of the Committee, provided such proposed change is in writing and is signed by the elected member proposing it and is in the hands of the Chairperson before the call of the next meeting, at which such proposal is to be acted upon. The proposed By-Law change shall be sent to all members with the announcement of the meeting and must be notified at least 30 days in advance. By-Laws can be changed by a majority vote of the members present and voting.
B.
Such proposed changes in the By-Laws shall be referred forthwith by the Chairperson to the By-Laws Committee which shall make a report with its recommendations at the same meeting, if possible, but no later than the following meeting. A majority of the elected members present and voting shall be necessary to overturn the report of the By-Laws Committee or to approve the change in the By-Law. By-Law change proposals which contradict the provisions of the Massachusetts Democratic State Party Charter cannot be considered.
C.
The By-Laws shall be reviewed by the By-Laws Committee biennially. Unless and until amended or repealed by the elected members, these By-Laws shall continue in effect from year to year and no formal motion shall be necessary at any meeting of the Committee in order that they continue in force.
Article XIV - MEETINGS
Regular meetings of the Committee shall be held at least six times per year in Presidential and Congressional election years and at least four times per year in other years, at least once each quarter. All votes of the Committee shall be by a majority of all members present and voting, with the exception of the removal of members which shall require a vote of two-thirds of all members present and voting. All votes of the ADTC shall be done by a show of hands or similar method, unless a majority of all members present and voting decide to vote by secret ballot. All votes taken will be final when the result is declared by the Chairperson or acting Chairperson and may not be reconsidered at the same meeting at which they were voted upon. The results of each vote will be recorded by the Secretary and reported in the minutes of the meeting. Unless otherwise required by law, the numeric result of the vote and the votes of individual members shall not be recorded.
Article XV - REMOVAL OF MEMBERS
Members and officers pledge themselves, as elected officials, to perform diligently and honorably their duties or resign. Members of the ADTC may be removed by procedures guaranteeing adequate notice and due process and by a 2/3 vote of those present and voting, a quorum being present, for:
A.
Failure to attend at least half of the regularly scheduled Committee meetings during any calendar year;
B.
Publicly endorsing or supporting an opponent of a nominee of the Democratic Party which nominee publicly supports the majority of the platform of the Democratic Party as adopted at the most recent state Democratic convention. A member for whom a long and deeply held belief would be violated by support of the nominee shall not be removed under this section;
C.
Unauthorized use of the Democratic Party or ADTC name or resources;
D.
Conviction after appeals are exhausted of a criminal offense other than a misdemeanor; or
E.
Actions inconsistent with the purposes of the Committee as stated in Article II of these By-Laws
A member must be given an opportunity to resign before notice of the hearing on the question of removal is given to the membership of the Committee.
A member removed under this section shall have 30 days to appeal to the Judicial Council of the Massachusetts Democratic Party and the vacancy may not be filled in such case until the final decision of the Judicial Council is made.
Article XVI - Endorsements of and Contributions to Candidates
The ADTC may formally endorse and/or make a monetary contribution to any Democratic candidate in a partisan election or to any candidate in a non-partisan election whose positions and values are consistent with the purposes of the ADTC as specified in Article II of these By-Laws. Any candidate who seeks endorsement and/or a monetary contribution from the ADTC shall submit a written request to the Chair of the ADTC at least one week prior to the next scheduled meeting of the ADTC describing the type of support being sought and shall agree to appear at the next meeting of the ADTC to discuss his or her candidacy and to answer questions from ADTC members. Any decision to endorse and/or make a monetary contribution shall be by a majority of all members present and voting