The Rules and By-Laws of the 9th Ward Committee Of the Democratic Party of the City and County of Philadelphia
Approved January 24, 2019
Statement of Principles:
The Democratic Party of Pennsylvania is committed to serving the best interests of all of the people of the Commonwealth and to providing the broadest possible base of participation in the affairs of the Party. Consistent with this philosophy, the Democratic Ward Committee of the Ninth Ward of the City and County of Philadelphia pledges, as part of the rules governing the Democratic Party of our Ward, the following principles:
All Ward Committee Members have the right to act in good faith, on behalf of their constituents, free from retaliation or the threat of retribution. All public meetings at all levels of the Democratic Party are open to all registered
Democrats, regardless of race, color, creed, gender, national origin, age, ethnic identity sexual orientation, ability, or economic status. No test of Membership in, nor any oaths of loyalty to, the Democratic Party shall be required or used that have the effect of requiring prospective or currently registered Democrats to acquiesce in, condone, or support any act of discrimination or harassment based on any unlawful basis, including but not limited to race, gender, sex, gender identity and expression, sexual orientation, disability, color, ethnicity, ancestry, age, national origin and immigration status, religion, creed, marital status, familial status, economic status, or domestic or sexual violence victim status.
The Democratic Party, on all levels, shall support the broadest possible voter registration without discrimination on any grounds. The Democratic Party and the Ward Committee and all subsidiary bodies shall publicize fully, and in such manner as to assure timely notice to all interested parties, a full description of the legal and practical procedures for selection of Democratic Party Officers and representatives at all levels. Publication of these procedures shall be done in such a fashion that all prospective and current members of the Democratic Party may
be fully and adequately informed of pertinent procedures at all levels of the Democratic Party organization.
It is the duty of the Democratic Ward Committee of the Ninth Ward to campaign and work for Democratic principles and integrity within the Party and the administration of government, and to organize the Democratic Party within the Ward with the goal of achieving a maximum Democratic vote at the polls and Democratic majorities in the elections. Towards this end, the Ward Committee is committed to fair and open discussion, debate, democratic procedures, and an affirmative vote by Ward Committee Members on endorsements, other significant actions undertaken in the name of the Ward, or significant changes in Ward policies and procedures.
Definitions:
Ward Leader: The leader of the Ward and the Ward’s representative to the County Committee.
Committee Person: A duly elected, or appointed, representative of the Democratic Party in the specific division in which they reside, and a member of the Democratic Ward Committee for the 9th Ward of the City and County of Philadelphia.
Ward Committee: Where the phrase “Ward Committee” is used, it shall mean the Democratic Ward Committee for the 9th Ward of the City and County of Philadelphia.
Executive Committee: Where the phrase “Executive Committee” is used, it shall mean a committee comprised of the elected officers of the Ward Committee
County Committee: Where the phrase “County Committee” is used it shall mean the Philadelphia County Democratic Executive Committee.
Subcommittee: Where the phrase “Subcommittee” is used, it shall mean a Subcommittee created by the Ward Committee and comprised of such members of the Ward Committee who have been selected to serve on the Subcommittee.
Dates: Where under these rules a date has been set for the holding of any meeting and that date falls on a Sunday or a holiday, the meeting shall be held on the next succeeding day which is not a Sunday or a holiday. Provided, however, that the same is not contrary to the Election Code of 1937 or supplements or amendments thereto.
Elector: An Elector shall be a person who is duly registered in the City and County of Philadelphia as a member of the Democratic Party.
Membership: The Membership of the Ward Committee or a Subcommittee thereof shall be understood to mean all of those members of the committee whose names are enrolled as members of the Committee or Subcommittee respectively, at the time the matter in question shall have arisen, and against whom no action for expulsion or
suspension is pending and undetermined.
Quorum: A quorum shall be made up of one-third of those enrolled as qualified members of the Ward Committee or Subcommittee respectively. The members present at a duly organized meeting may continue to do business until adjournment, even though a sufficient number shall have withdrawn as to leave less than a quorum. If a
meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting to such time as they may determine. If a quorum is not in attendance at the second of such adjourned meetings, those in attendance, though less than the quorum fixed above, shall, nevertheless, constitute a quorum for the purpose of
the said meetings.
District: A District is any subdivision of the County as subdivided by the General Assembly, such as Congressional, Senatorial, Councilmanic and Legislative district, and the wards within the boundaries so fixed shall comprise said district.
Ward: A ward is a subdivision of the County as fixed by the courts of Philadelphia.
Division: A division is a subdivision of the ward as fixed by the courts of Philadelphia.
Effective Date: These rules shall become effective immediately upon the date of final
passage and approval.
Rule(s): A rule or rules shall mean the Rules and By-laws of the 9 th Ward Committee.
Rule I — Qualifications for Voters Holding Membership in the Ward Committee:
Article I – To Vote for Democratic Candidates at Primary: Any qualified elector,
who is duly registered as a member of the Democratic Party, shall be entitled to vote for
Democratic candidates for party offices, delegates and alternative delegates to
conventions and nominees for public offices at the primary elections, provided for by
law.
Article II – To be a Member of the Ward Committee or any Subcommittee Thereof:
No person shall be qualified for membership in the Ward Committee or any Subcommittee thereof established under these rules, who is (a) not a duly qualified elector and registered as a Democrat in the County of Philadelphia immediately prior to his or her election or appointment to the said Committee or Subcommittee, or (b) who has within a two-year period actively or inactively supported the candidacy at any general election of any person or persons not on the Democratic ticket, provided, however, that the disqualification described in this clause (b) shall not apply (i) with respect to elections where there are more positions on the ballot than can legally be filled by Democrats, such as Council At-Large elections, (ii) any inactive support deemed to be provided through a person’s contribution to, or other involvement with, a political action committee (PAC) affiliated with such person’s employer or business or any other PAC that is not formed for the purpose of supporting a specific candidate orgroup of candidates (including, ut not limited to, an issue-driven PAC) or (iii) to the extent a person, in good faith, has determined that the candidate on the Democratic ticket in any election (x) has conducted him or herself in an illegal or morally repugnant manner.
Article III – To be Eligible for Ward Committee Executive Office. No person holding an office of profit connected with either the national, state, county, or city government, to which said person has been appointed or retained therein by a head or chief thereof who is opposed to the principles of the Democratic party (except officers of a judicial character appointed by the courts and their appointees, notaries public and those holding minority positions under the Constitution and the several Acts of Assembly of this Commonwealth) shall be eligible for the office of the Chair of the Ward Committee, or hold any other Ward Committee office, unless consent is given by a majority vote of the Ward Committee, following a petition submitted by two-thirds of the Ward Committee.
Rule II – Election of Ward Officers and Members:
Article I. At the Spring Primary for Gubernatorial candidates there shall be elected in each election division two persons who shall serve on and after the third Monday succeeding their election, as Members of the Ward Committee in which such division may be situated.
Article II. The term of membership shall date from the time of their enrollment as a member of the new Ward Committee for a four-year term up to and including the Monday preceding the next Gubernatorial Primary Election.
Article III. The Ward Chairperson and all other officers of the Ward Committee shall be elected at the time the new Ward Committee is organized on the third Monday succeeding the Primary Election, unless otherwise provided for in the rules.
Rule III: Duties of Ward Leader, Chairperson, other Ward Officers, and Members
of the Ward Committee.
Article I– Ward Leader. It shall be the duty of the Ward Leader to:
Set and distribute to members the schedule for any regular and special meetings
of the Ward Committee;
Preside over all meetings of the Ward Committee
Appoint Members of the Ward Committee to serve on any Subcommittees that may be necessary from time to time for the proper conduct of the responsibilities of the Ward Committee and for the interest and advancement of the Democratic Party and its candidates.
Assist other Democratic Party officials in attending to the details of the Ward Committee and to advance the interest of the Democratic Party and its candidates at all times.
Article II—First Vice Chairperson. It shall be the duty of the First Vice Chairperson to: 1) preside as Chair over all meetings at the request of the Ward Leader or due to the Ward Leader’s inability to serve as the Chair, and, 2) to send out notice of all Ward Committee meetings, and perform other duties assigned by the Ward Leader.
Article III—Second Vice Chairperson. It shall be the duty of the Second Vice Chairperson to preside over all meetings at which neither the Ward Leader nor the First Chair is able to preside.
Article IV—Third Vice Chairperson. It shall be the duty of the Third Vice Chairperson to preside over all meetings in the event that the Ward Leader, the First Vice Chair, or the Second Vice Chair are unable to preside.
Article V–Secretary. It shall be the duty of the Secretary to keep full and correct minutes of the Ward Committee and also to keep in permanent form a correct roll of the attendance at all meetings. The Secretary shall make the minutes available to all Committee Persons prior to the next Ward Committee meeting, and said minutes shall be approved at the start of the subsequent Ward meeting.
Article VI—Assistant Secretary. It shall be the duty of the Assistant Secretary to aid the Secretary in the discharge of the Secretary’s duties and in the event of the Secretary’s absence, inability, or refusal to perform the duties, the Assistant Secretary shall act as Secretary.
Article VII—Treasurer and Assistant Treasurer. It shall be the duty of the Treasurer or Assistant Treasurer to receive, keep and disburse all sums of money which may be collected or received by the Ward or by any of its members for election expenses, in furtherance of the nomination of any person or persons for public office, or in furtherance of the election of any person or persons as candidates for public office, or to defeat the nomination to
public office of any person or persons, and to keep a just and true account thereof.
All money collected or received by the Ward Committee or by any of its members for election expense shall be paid over to the hands of the Treasurer. Neither the Ward Committee nor any Subcommittee thereof, shall disburse any
money for said election expenses unless such money shall have passed through the hands of the Treasurer and vouchers have been furnished therefor. No Treasurer or Assistant Treasurer shall disburse any money received from any anonymous source. The Treasurer shall, within thirty days after each primary and each general
election, file an account of expenses incurred in regard to candidates for offices, voted for by the electors of the State at large, with the Secretary of the Commonwealth, and for all other offices, with the County Board of Elections, as provided by law. The Treasurer shall comply in all respects with the applicable duties and
requirements of the Election Code of 1937 and supplements and amendments thereto.
The Treasurer shall open and maintain a checking account at a good, reputable
bank, which is insured by the Federal Deposit Insurance Corporation (FDIC), in the name of and owned by the Ward Committee. The Treasurer, Assistant Treasurer, and the Ward Committee Chair shall have the right to access the
checking account for the purposes specifically authorized under this Rule. All withdrawals shall be made by check or electronic funds transfer signed or authorized by the Treasurer. In the Treasurer’s absence or inability to serve, the checks shall be signed by the Assistant Treasurer or the Ward Leader. The Treasurer shall make information about the Ward’s finances and spending available to all Committee Persons upon request. 10. The Treasurer shall produce and disseminate copies of Treasurer Reports to Committee Persons on a regular basis.
Article VIII—Sergeant-at-Arms. It shall be the duty of the Sergeant-at-Arms to attend
all regular and special meetings. The Sergeant-at-Arms shall maintain order at the meetings and permit no one to enter the meeting who is not qualified and eligible to be present.
Article IX – Inability or Refusal of Officers to Perform Their Duty. In the event of
the inability or the refusal of any officer of the Ward Committee to perform their duties
as prescribed under these rules and upon the further inability or refusal of the officer
next to them in line to act, then the succeeding officer in line who is able and willing to
act shall perform said duties or functions until a new person can be elected by the Ward
Committee to fill the office.
Article X—Membership in the Ward Committee.
In General — All those elected to represent the division in which they reside,
who have been duly seated as members of the Ward committee, and all other
persons who shall be appointed to fill vacancies in the Ward Committee in
accordance with these rules, shall constitute the Ward Committee.
Qualifications — All members of the Ward Committee representing a division of
the Ward shall during their term of office have the proper qualifications and be
resident voters of the division they represent in the said Ward Committee.
Vacancies — The Ward Committee shall ratify the recommendation of the
remaining Ward Committee person in a division where a vacancy exists in
representation to the Ward Committee, provided that said recommendation shall
be made in accordance with these rules and the person recommended has the
proper qualifications for membership. In considering such recommendations, it
shall be the duty of the Ward Leader or or other presiding officer of the Ward
Committee to move that the Committee consider the candidate to fill the
vacancy. The person or persons, so nominated, shall, upon the affirmative vote
of a majority of the Ward Committee members present, be appointed to serve as
members of the Committee, with the same rights, powers and duties as if they
had been duly elected to membership in the Ward Committee. All vacancies
shall be filled within thirty (60) days after the vacancy occurs or as soon as
reasonably practicable.
Removal of Ward Committee Members — If at any time in the opinion of the
majority of the entire Ward Committee, a Committee Person is deemed, in
accordance with the standards hereinafter described, unfaithful to the
Democratic Party and the best interests of the party, or refuses, fails or neglects
to work in harmony with the Ward Committee, the Ward Committee by a majority
vote of the entire Ward Committee shall be empowered to remove said person
from its membership, after following due process procedures hereinafter
described, and a full hearing before the Ward Committee, and declare a
vacancy in the membership of the Ward Committee from the said division,
except that under no circumstance, with regard to a member who is elected
pursuant to a duly conducted primary election, shall conduct occurring prior to
such election be the basis of removal. The following standards and procedures
shall apply to the removal of a Committee Person:
Standards for Removal – A determination that a Committee Person is
unfaithful to the Democratic Party and the best interests of the party, or refuses,
fails or neglects to work in harmony with the Ward Committee, must follow the
due process standards set forth in Section 4.2 of this Article and be supported
by findings that the Committee Person:
a. Acted contrary to specific bylaws of the 9 th Ward, the City Committee
and/or the State Committee and/or the Election laws of the city or state;
b. Failed repeatedly to abide by the rules governing the conduct of a
ward meeting or a decision made by the person chairing the meeting; or
c. Failed repeatedly at ward meetings to practice civility and decorum in
discussions and debate; avoid personal comments that could offend other
members; or failed to honor the role of the chair in maintaining order.
Due process procedures shall include:
a. Warning – Before a Petition for Removal of a Committee Person is
filed, the Committee Person must be given 30 days written notice of the
charges, with an opportunity to correct the conduct. If corrected to the
satisfaction of the complaining party(ies) and Ward Leader, the matter will be
considered resolved.
b. Filing a Petition for Removal. A petition stating the name of the person
whose removal is being sought, and the specific charges and reasons for the
removal shall be filed with the Ward Leader. Said Petition shall be signed and
affirmed by one or more members of the Ward Committee.
c. Service of the Petition. A true and correct copy of the Petition shall be
served upon the person whose removal is being sought within forty-eight (48)
hours after the filing of the Petition, either in person, electronic mail (with written
confirmation of receipt) or by United States mail, certified or registered, postage
prepaid, return receipt requested.
d. Hearing — The Ward Leader or First Vice Chairperson as
appropriate, shall schedule a hearing on the Petition at the next scheduled Ward
meeting after the Petition is served and give notice to the Ward Committee that
the Petition will be heard at that time.
e. Right to Representation — The person/s filing the Petition and the
person sought to be removed may be represented by a lawyer or non-lawyer.
f. Conduct of the Hearing — The complainant and the respondent will
have an opportunity to present their position and evidence in support thereof,
and other members of the Ward may also state their position or ask questions.
g. Decision — After the hearing, the Ward Committee shall take a vote
and the Committee Person can only be removed if a majority of the entire
Ward Committee votes for the removal.
Associate Members — Each division may have, in addition to its two elected or
appointed Ward Members, an Associate Member who is an elector of the
division in which he or she serves. Such Associate Members may participate in
debates and serve on Ward Subcommittees, but they may not vote on any
endorsement or motion brought before the Committee, nor are such persons counted for the purposes of establishing a quorum for any matter or question requiring a quorum. Associate Members are subject to the rules and duties of Ward Members, and shall be given consideration for any vacancies that arise in the Membership of the Ward Committee in the divisions where they are registered to vote. Associate Members shall be added to the Ward Committee using the same procedures used for filling vacancies under Article X. 3.
Article XI—Duties of the Members of the Ward Committee.
It shall be the duties of the Members of the Ward Committee to take entire charge of the organization of the Party in their election divisions and attend to all matters necessary with reference to the expression of the will of Democratic electors of their respective divisions and with reference to securing a full expression of the will of the Democratic electors at all the general, municipal, primary and special elections, as well as to perform all other duties herein prescribed for them. It shall be the duty of the members of the ward Committee to check any list of names furnished by the County Committeeperson regarding proposed strike-offs and make a report to the County Committeeman concerning said list in a timely manner.
It shall be the duty of the members of the Ward Committee to furnish the names of persons to the County Committeperson who are willing to serve as watchers in their divisions for any primary, municipal, special or general election or for any registration day in the ward. It shall be the duty of the members of the Ward Committee to procure petitions for the nomination of the Election Officers in their divisions and have intelligent and reputable electors file papers for the nomination and assist them in having them filled out, and file them with the County Committeeperson at the time and place requested. It shall be the duty of the members of the Ward Committee to procure the names of persons willing to act as clerk at elections where the Democratic Inspector is entitled to a clerk and endeavor to obtain the services of all other persons for offices to which the Democratic Party may be entitled and to fill any position or office at an election in accordance with the law. It shall be the duty of the members of the Ward Committee to see that the election officers go to receive proper instructions at the County Board of Elections. It shall be the duty of the members of the Ward Committee to refrain from any act of discrimination or harassment based on any unlawful basis, including but not limited to race, gender, sex, gender identity and expression, sexual orientation, disability, color, ethnicity, ancestry, age, national origin and immigration status, religion, creed, marital status, familial status, economic status, or domestic or sexual violence victim status. Ward Committee Members are required to comply with any applicable Code of Conduct adopted by the Pennsylvania Democratic Party with respect to discrimination or harassment.
Rule IV – Recall of Ward Officers.
Article I No recall may be made of any Ward Officer within sixty days prior to any primary, municipal or general election unless as hereinafter provided for.
Article II. The proposed recall of a Ward Officer must be initiated by the filing of a petition.
Article III. The petition shall contain the name of the person whose recall is sought, and the specific charges and reasons for the recall.
Article IV. In the case of the Ward Leader, the petition must be signed by at least two-thirds of the enrolled membership of the Ward Committee. It must have affixed thereto an affidavit or affirmation of three of the subscribing petitioners before a person authorized to administer an oath or affirmation, containing averments that the persons whose names appear affixed to the petition personally signed the petition and that the signers had full knowledge of the contents of the petition and that the facts contained in the petition are true to the best knowledge and, belief of the affiants.
Article V . In the case of any other Ward officers, the petition must be signed by a majority of the enrolled membership of the Ward Committee. It must have affixed thereto an affidavit or affirmation of three of the subscribing petitioners before a person authorized to administer an oath or affirmation, containing averments that the persons whose names appear affixed to the petition personally signed the petition and that the signers had full knowledge of the contents of the petition and that the facts contained in the petition are true to the best knowledge and, belief of the affiants.
Article VI. In the case of the proposed recall of a Ward Leader , the petition shall be filed with the First Vice Chairperson. In the case of the proposed recall of other officers, the petition shall be filed with the Ward Leader . A true and correct copy of the petition shall be served upon the person whose recall is being sought within forty-eight (48) hours after the filing of the petition. Service shall be deemed to have been duly given if delivered in person, electronic mail (with written confirmation of receipt), or by United States mail, certified or registered, postage prepaid, return receipt requested, or by a nationally recognized courier (with written confirmation of
receipt).
Article VII. All of the enrolled members of the Ward Committee shall be given at least seventy-two (72) hours advance notice of the special meeting to be held, to consider the petition for recall. The said notice shall set forth the purpose of the meeting, the time, date and place of holding of the meeting. The place shall be the regular
meeting place of the Ward Committee or such other location as may be specified in the meeting notice.
Article VIII. The Ward Leader or the First Vice Chairperson, as applicable, with whom the petition for recall may have been filed in accordance with these rules, shall call a special meeting of the Ward Committee in not less than seven(7) days and not more than fourteen (14) days after the receipt of the petition for the purpose of acting on the petition for recall.
Rule V—Procedure for Filing Contests in Ward Committee. All contests heard in the Ward Committee shall be considered pursuant to the Rule VI of the Democratic Party of the City and County of Philadelphia.
Rule VI– Ward Committee Meetings
Article I– Organizational Meetings
Section A – Organizational Meetings and Adoption of Ward Rules:
The Ward Committee rules and by-laws must be consistent with the Rules of the Democratic Party of the City and County of Philadelphia and the Democratic Party of the Commonwealth of Pennsylvania, and in the event of any
inconsistency the latter shall govern. In the organizing of the Ward Committee, and in subsequent meetings of said
Committee, the then existing rules and by-laws of the Ward Committee shall govern until new rules and by-laws are adopted, provided that they are consistent with the County and State Committee Rules. Robert’s Rules of Order, as most recently revised, shall govern procedure at all organizational, regular, and special meetings of the Ward Committee and any Subcommittee thereof, unless otherwise provided herein. Any rule contained herein which is not required by the Democratic National Committee guidelines, the Rules of the Democratic Party of the Commonwealth of Pennsylvania, the County Committee, or the laws of the this Commonwealth, may in accordance with the latest edition of Robert’s Rules of Order, be temporarily suspended for a specific purpose only, by a two-thirds vote of the Ward Committee Members in attendance at any duly called meeting of the Ward Committee.
At 8:00 P.M., on the third Monday succeeding the Primary Election at which members of the Ward Committee were elected, all persons claiming the right to membership in the Ward Committee shall meet at the place designated, to
organize the new Ward Committee, unless the newly elected members of the Ward Committee are unable to obtain their certificates of nomination to the Ward Committee by twelve (12) o’clock noon of the said third Monday. In such event, the meeting of the Ward Committee shall be postponed until the Monday evening following, or to such other date chosen by the Ward Leader, or, if applicable pursuant to these rules, the Vice Chairperson, to ensure that all Ward Committee Members who have been elected to the Committee can attend. For the purpose of organizing the new Ward Committee, the place shall be the last meeting place of the preceding Ward Committee, unless otherwise
determined by the preceding Ward Committee at a meeting held on the third Monday preceding the Primary Election at which the Members of the Ward Committee are to be selected.
Notice of meetings for the purpose of organizing the Ward Committee shall be
distributed by the presiding officer.
Section B — Procedures for Amending Rules:
Amendments to these rules may be made by the Ward Committee at any regularly scheduled meeting of the Committee, provided that the proposed amendment is submitted to the Ward Leader of the Ward Committee not less than thirty-five (35) days prior to the meeting at which the amendment is to be considered. The Ward Committee Ward Leader shall then send a copy of the proposed amendment to every member of the Ward Committee. Such proposed amendments shall be sent to the Ward Committee Members with the first
meeting notice for to the meeting. Changes to the proposed amendment shall be submitted to the Ward Leader no
later than fifteen (15) days prior to the meeting at which a proposed amendment and/or changes thereto shall be considered. The Ward Committee Members shall receive such changes to a proposed amendment with the official meeting notice that shall be issued 10 days prior Official Call to the meeting.
Article II – Regular and Special Meetings.
Regular and special meetings of the Ward committee shall be held at the place or places designated by the Ward Chairperson, unless otherwise provided for the Ward Committee. Notice of regular meetings are to be given in writing, at least forty-eight (48) hours in advance of the meeting. For the purpose of this section, transmittal
of a meeting invitation to Ward Committee Members by e-mail or text message shall constitute notice in writing.
Notice of special meetings shall be given in conformity with the requirements of Rules IV and V.
Regular meetings of the Ward Committee shall be held at least once a month. Meetings shall be adjourned at the time set in the meeting notice, unless the Ward Committee shall consent to extend the meeting by unanimous consent or through adoption of a motion by a majority (such motion is not subject todebate).
Special meetings of the Ward Committee shall be called as follows:
a. By the Ward Chair, Ward Leader, or, if applicable, the Vice Chairperson or other Ward officers as circumstances may require, or
b. Upon petition filed in conformity with the requirements set forth for the calling of special meetings, as provided for in Rules IV and V.
Article III– Debate.
A member of the Ward Committee, having obtained the floor while a debatable motion is immediately pending, may speak for no longer than two (2) minutes unless he or she obtains the consent of the Committee. Such consent can be given by unanimous consent, or by means of a motion to extend the limit of debate, which requires a majority vote of those Members present, without debate. When the member’s time is exhausted, the Presiding Officer shall rise and call the speaker’s attention to the fact that time has expired by an appropriate signal, or by interrupting the speaker if necessary. The Chair may also grant the speaker brief time to gracefully conclude their remarks.
Speakers shall be called on in the order that they raise their hands by the Presiding Officer.
Rights in regard to debate are not transferable. A member cannot yield any unexpired portion of their time to other members, or reserve any unexpired portion of their time.
A Subcommittee Chairperson or reporting member is not considered to be debating when presenting or reading the Subcommittee’s report, but such member is otherwise bound by the rules regarding debate in any speech made in
support of the motion offered by the Subcommittee. No member can speak more than twice to the same question on the same date, except that in the case of an Appeal, the Presiding Officer can speak twice (the
second time at the close of debate on an Appeal. Other members can only speak once in the case of an Appeal).
No member may speak a second time on a debatable motion unless all other Members who desire to speak on the motion have been allowed a chance to do so. Asking a question, responding to a question, or making a brief suggestion is not counted as speaking in debate. Making of a secondary motion is not counted a speaking in debate, so long as in making the motion the member makes no comment on the then-pending question.
Article IV—Voting.
All ward decisions are determined by a majority vote of the Committee Persons unless otherwise specified in these rules. Voting on all questions and motions shall be by roll call “ayes” and “nays” unless the secret ballot is decided upon by two-thirds (2/3) vote of the members present at the meeting. Proxy voting (i.e., a vote cast by one member on behalf of another member) will not be permitted unless expressly provided for in these rules and in the Democratic State Committee rules.
Rule VII. Endorsement Policies and Procedures for Judicial Offices.
Article I. In a timely manner prior to any primary election in which judges are being elected, the Ward Leader shall appoint a Subcommittee on Judicial Endorsements, consisting of between at least five persons from current Ward Committee Members and Associate Members only.
Article II. The Ward Leader shall make a good faith effort to appoint a Subcommittee fairly representative of the full Ward Committee, including both lawyers and non-lawyers.
Article III. The Subcommittee will review resumes and/or other materials submitted by the judicial candidates seeking the Ward’s endorsement, the recommendation of the Philadelphia Bar Association’s Commission on Judicial Selection and Retention, and such other information bearing on the qualifications of the candidates as it deems
appropriate. The Subcommittee may interview some or all candidates.
Article IV. Following its deliberations, the Subcommittee shall recommend to the Ward Committee for endorsement any number of candidates up to the maximum number to be elected, with a concise written explanation of why the Subcommittee recommends each candidate be endorsed. In making its recommendations the Subcommittee may consider the desire to achieve diversity and balance.
Article V. The Ward Committee shall vote to approve or disapprove each candidate recommended by the Subcommittee, as follows: No endorsement vote will be taken unless a majority of members of the Ward
Committee is present in person for that vote. There will be no endorsement unless a candidate receives the vote of a majority of the committee Members present and eligible to vote. Abstentions are permitted and are counted in the number of votes cast. Committee persons may not vote by proxy. The endorsement vote on judicial nominees recommended by the Subcommittee on Judicial endorsements may be considered en bloc, unless any voting Member of the Ward Committee requests a separate vote on a judicial candidate
recommended by the Subcommittee.
Article VI. If there remain any open positions after voting on the candidates recommended by the Subcommittee, the Ward Committee may consider the endorsement of any additional candidate nominated and seconded by a member of the Ward Committee. Any such vote will be done in the same manner as provided for in Article V of this Rule.
Rule XIII. Endorsement Policies and Procedures for Non-Judicial Offices. Votes to endorse a candidate for all non-judicial offices, including primary and special elections and to fill a vacancy on a ballot, shall be taken at a regular or special meeting of the Ward Committee that has been noticed to the Ward Committee Members at least ten (10) days prior to the vote, unless special circumstances make shorter notice necessary. All candidates are afforded equal opportunity to seek the Ward’s endorsement. The Ward Committee shall vote to approve or disapprove each candidate proposed to be considered for endorsement as follows:
a. No endorsement vote will be taken unless a majority of the members of the Ward Committee are present for that vote, except for election districts which include only part of the Ward, as set forth in subsection b of this Rule.
b. If the election district being considered for endorsement includes part but not the entire Ward, only Ward Committee Members from the divisions in the district will be eligible to vote. No vote will be taken unless a majority
of those eligible Ward Committee Members are present in person for that vote.
c. There will be no endorsement unless a candidate receives the votes of a majority of the Ward Committee Members present and eligible to vote.
d. Abstentions are permitted and are counted in the number of votes cast.
e. If there are one or two candidates for any endorsement, only one vote will be taken. If there are three or more candidates, the run-off procedure set forth in subsection f. of this Rule will used.
f. When there are three or more candidates, if after the initial vote for endorsement no candidate receives a majority of votes, the candidate(s) receiving the lowest number of votes will be dropped from consideration and a new vote taken. This procedure will be repeated if necessary until a final vote is taken between the two remaining candidates.
g. A Ward Committee Person may support a primary candidate not endorsed by the Ward Committee, free from retribution, the threat of retaliation, or any other adverse action. However, the Ward’s endorsement must be
disclosed by the Committee Person in any written material distributed in his/her capacity as a Committee Person. All Ward Committee endorsement letters must include a copy of the sample ballot reflecting the Ward Committee endorsements. A copy of all endorsement letters shall be sent to the Treasurer to ensure compliance with this Rule.
h. The Ward Committee will not provide or pay for any written material which opposes a Ward-endorsed candidate or position in a general election.
i. For purposes of party endorsement at Caucus meetings, the Ward Leader should make a good faith effort to ascertain and carry out the wishes of the Ward Committee.
Rule IX. Ownership of Books, Records and Property – All the records, books, property, and ownership of records of the Ward Committee or any Subcommittees established by such Committee shall become the property of their lawful successors. Ward officers or Members shall return any Ward Committee books, records, or other
materials to the Ward Chairperson or to their successors in Ward offices upon the end of their term.
Rule X. Disclosure and Conflicts of Interest.
Article I. Prohibition on Receiving Payments or Gifts. No Ward Member may receive any cash payment, gift, or other thing of value in return for their vote on a judicial or non-judicial endorsement.
Article II. Disclosure.
1) All Ward Members shall, prior to any vote on judicial or non-judicial nomination, disclose to the Ward Committee any paid staff or consultancy position they hold for any campaign that is the subject of a Ward Committee endorsement vote.
2) All Ward Members shall, prior to any vote on any judicial or non-judicial nomination, disclose to the Ward Committee any fee, payment, gift, gratuity, job offer or other emolument made to them by any candidate or campaign (or any representative of such candidate or campaign) that is the subject of a Ward Committee
endorsement vote.
3) For the purposes of this rule, a gift of nominal value (such as campaign hats, t-shirts, lawn signs or substantially similar items) shall not be considered to be a gift requiring disclosure under Article IIB), nor shall it be considered a violation of the prohibition set forth in Subsection IIA) of this Rule.
