Comment: credentials challenge + what natl committeeman Solomon Yue says

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credentials challenge + what natl committeeman Solomon Yue says

Mr Yue,

Thank you for continuing to dialog with me. I have extended the CC list to those I know in Lane GOP leadership roles. I discussed the matter with someone more familiar with parliamentary procedure than I am, and now I have the following questions:

Roberts' Rules provides for no motion to "extend" a meeting. The only available motion under Roberts' to end a meeting is the motion to adjourn. This implies that a meeting cannot end on its own. It must be the result of a motion to adjourn. Adjourning a meeting does not implicitly violate member's rights. The only motions that require 2/3 super-majority are motions which violate member's rights. A motion to adjourn requires a simply majority to be adopted.

Q: Where is the rule about needing a 2/3 majority to extend or even anything at all about 'extending' a convention or meeting timeline?

In regards to the chair's authority to set the ending time for the convention, the bylaws and the convention both use the same language: "The duly elected Precinct Committeepersons ... shall convene at a time and place designated by the State Chairman for the purpose of:"

The chairman can designate a time and place to "convene" (begin) only. Neither the chair of the ORP, nor the chair of the CD convention can dictate anything to an assembly once it is called to order. The will of the assembly is always paramount and the majority always decides, except in the few cases where rights are taken away when a super-majority is required.

The conventions that left before completing business forfeited their vote for state alternates (delegating it to the executive board to fill vacancies if any resulted). The other CDs did not forfeit their votes for the alternate state delegates and their CD alternate delegates. Any attempt to remove their duly elected delegates will be a violation of the voting rights of each of those PCPs. There are no vacancies to be filled in the CDs who voted for alternates, or at the state at-large alternates.

Q: What is the the name of the parliamentarian who provided the information that the all of the conventions had to make a 2/3 vote to extend past 5pm, and that the Executive Board is authorized to appoint alternate delegates when elected PCPs voted for them, and which organization(s) certified him or her?

again, thank you sincerely for reaching out and communicating with me, and I believe you will take this conversation as it is intended- I desire clarity and transparency, and for our ORP leadership to uphold the rule of law and to serve justice. Thank you for your support.

J**

________________________________ From:Solomon Yue To:jendaboarder@yahoo.com Sent:Friday, June 29, 2012 8:33 AM Subject:RE: please uphold the clearly expressed will of the PCPs when appointing delegates

Hi J**,

The 5 pm deadline is on an agenda set by ORP per our standing rules and distributed at each district convention (I was not involved in planning of district conventions so I did not know CD3 rented a ballroom with a 5 pm deadline to move out, but I saw the agenda on my table in CD5). CD1, CD3, and CD5 failed to extend due to different reasons. CD1 and CD5 failed to move to extend. CD3 failed to have 2/3 of the body to vote affirmatively to extend (2 votes short). The motion to extend requires 2/3 of the body to vote affirmatively to pass. If CD3 were extended, it would be compelled to find a new room to move its district convention into. The adjournment under the Order of the Day does not require 2/3 of the body to vote when there is a published deadline of 5 pm.

If I were a presiding officer, I would explain to PCPs this way: we have a 5 pm published deadline and we can extend, but we need 2/3 of the body to vote affirmatively. At 5 pm, I will invite a PCP to make a motion to extend, we vote on the motion right away since the motion is not debatable. Without such a motion passing, I can adjourn the meeting without a vote on adjournment. Since this is one statewide convention held in 5 congressional districts, this motion must pass by all 5 congressional districts in order to vote on the next ballot. If one of the districts fails to extend, this statewide convention is concluded. Per our standing rules 11.3, the ORP Executive Committee will fill all vacancies.

As a presiding officer, one must be transparent, informative, and helpful because so many new PCPs do not know ORP bylaws and standing rules and proper motions in the Robert's Rules of Order. That was the way I ran all ORP Bylaws committee meetings as Chairman from 2000 - 2004.

ORP Executive Committee meeting is scheduled from noon - 4 pm on Sat at the Lane County GOP office. I am not the presiding officer, but I will uphold same standards for this meeting because I already volunteered my service to defend our delegation per ORP bylaws and standing rules as well as the Robert's Rules of Order in front of the RNC Committee on Contests if there is a challenge. Thanks. Solomon

________________________________ Date: Thu, 28 Jun 2012 23:33:50 -0700
From: j**
Subject: Re: please uphold the clearly expressed will of the PCPs when appointing delegates

Hi Mr Yue,

thank you so much for responding to my email. I'm glad you've addressed this on your show- as I mentioned the PCPs I have talked to are all very upset. I'm trying to speak with all the PCPs in my district (South Eugene) so I can best represent them. The phrases 'railroad' and 'in all the years I've been attending conventions..' have been coming up a lot.

Here is a video that someone at the CD4 convention took. http://www.youtube.com/watch?v=cPBnuvRAjWQ . I think based on what you said that Ms Moffat is giving incorrect information when she says the agenda (5pm end time) is set by Chairman Alley, and not by the body of PCPs? And that what actually happened is just that some CDs failed to extend? Does that mean that those CDs actually passed the required 2/3 vote to adjourn, or do I misunderstand that rule? I thought conventions can't adjourn without a 2/3 vote, and that in a couple of our CDs the chair didn't know that rule and just left the building without adjourning?

I also have heard that the chairman of the CD that was in the hotel with the 5pm stop time had worked with that hotel and identified another room that could be used, after 5pm. Do you know if this is accurate?

I have also heard that the Executive Board meeting will be taking place at noon Saturday at the Lane GOP office and that observers may attend but may not speak. Is this correct? I would like to attend as an observer, because I think understanding the controversy in our party is key to understanding how to resolve it. I want help unite the various factions to all work together to elect true conservatives, and to take back our country and our freedoms.

Obviously a lot of rumors are flying around. Thanks again for your communication and your service as National Committeeman. Out of the several emails I sent today, you are the only one to reply to me yet, and I very much appreciate your time in helping clear this up, so I know what to communicate to the PCPs.

sincerely,

J***

________________________________ From: Solomon Yue
To: j*** Sent: Thursday, June 28, 2012 7:15 PM
Subject: RE: please uphold the clearly expressed will of the PCPs when appointing delegates

Hi ***,

Thank you for your email.

I will ask ORP to distribute CD4's results to all executive committee members...

The adjournment of CD5 convention, which I was at last Saturday was not satisfactory to me and a lot of PCPs here in the valley. Until Sunday, I learned CD3 was renting a ballroom from a hotel until 5 pm because there was a wedding in the same ballroom at 6 pm. The presiding officer in CD5 never explained what a PCP could have done when we passed 5 pm. When we passed the published deadline, per the Robert's Rules of Order and under the Order of the day, any PCP could have moved to extend. This motion to extend is not debatable. The presiding Officer must recognize the person making the motion and have the body to vote on the motion. The motion passes with 2/3 of the body voting affirmatively. Nobody made such a motion in CD1 and CD5. CD3 failed to pass the motion by 2 votes. CD2 and CD4 passed the motion. The motion must pass all 5 CDs.

The adjournment was proper per the Robert's Rules of Order, but very upsetting...

I have been dealing with the PR fallout of our congressional district conventions' adjournment since Monday. I have also answered many questions regarding the adjournment. During my radio talk show interview yesterday, I had to deal with the issue if five congressional district conventions can be operated independently. I answered NO because per our standing rules, we have only one statewide convention but held in five different locations (one per a congressional district) and ran by five different presiding officers at the same time. In order to vote on the next ballot, we need to know the statewide vote count results of the previous ballot. This process was stopped after CD delegates elections. Since statewide balloting results are linked, it would require all 5 congressional districts to pass the same motion in order to vote on the alt. at large delegates ballot.

I have participated in five congressional district conventions in 1996, 2000, 2004, 2008, and 2012. This is the first time to witness one congressional district renting a ballroom with a 5 pm deadline to move out. Presiding officers should have shared this with all PCPs in every congressional district. It was a total lack of communication...Thanks. Solomon

________________________________
subject: please uphold the clearly expressed will of the PCPs when app inting delegates

Hello Mr Yue,

I attended the CD4 State Convention on Saturday. Here is a picture of the vote counts for the CD4 national delegate votes (for at-large & CD4, regular & alternates) : http://imgur.com/7lpTK

From what I understand, the ORP states that you will be involved (due to your position as national committeeman) in appointing alternate delegates this week. Although I disagree with the decision that the ORP has the right to make these appointments (as there were duly elected alternates), I am writing to urge you to make sure that the clearly expressed will of the PCPs from Oregon be followed, and to appoint the delegates who clearly won based on the reported alternate votes. Anything else would be a complete travesty of justice and will fracture the ORP and leave it vulnerable to PCPs potentially taking small claims legal action.

I am a PCP captain for my district and I have been reaching out to PCPs who attended the CD4 convention. Most are enraged at what they view as an attempt by the ORP to usurp their votes.

I urge you to make a public video recording during this meeting, so that the people will know who supported the vote of the PCPs and who does not.