An Overview of the Removal Process in the OKGOP

By Vigilant

(All rules are footnoted in the PDF available here)

THE POWER TO ELECT OR APPOINT CARRIES IN IT THE POWER TO REMOVE

One of the greatest writers of the American Revolution, Mercy Otis Warren, wrote: “The origin of all power is in the people, and they have an incontestable right to check the creatures of their own creation.” The “creatures” she is referring to are the men and women placed into office that the people create in forming a republic.

She believed that the only foundation for a person to hold a position in a republic is in their having the affection of the people that they serve.

Abe Lincoln said that “We the people” are the “rightful masters” of our elected and appointed officials. Removal is not for overthrowing just law, but to overthrow the men who would pervert the law and usurp rights not delegated to them.

Also, we read in Robert’s Rules of Order that the president (chairman) of a society serves at the pleasure of the members of that society.

This principle is stated simply in the following terms: the creator is the master over the thing he creates… the potter is the master over the lump of clay… the assembly is the master over the officer it elects. It is a self-evident natural law.

And yet a controversy has arisen of late in the Oklahoma Republican Party. Several of the County Committees across the state have either removed their elected chairman or vice chairman or have attempted to do so.

There has been an outcry from a small but very vocal and divisive faction that seems to think that removing a chairman is somehow wrong. So this question has arisen…

DOES A COUNTY COMMITTEE HAVE THE RIGHT TO REMOVE ITS CHAIRMAN?

The County Committee is the supreme Republican authority at the county level of the OKGOP and it has the authority to remove its chairman for cause. The requirements for cause of removal are indefinite. There are four cases listed wherein removal should be pursued, but the rules do not limit cause to these four only. They are situations likely to occur that would demand removal.

The County Committee is in its full authority to remove a chairman at will, for cause, by a majority vote, at its pleasure. The chairman is voted into office by the County Committee with its delegations at its regular biennial convention. Since the County Committee meets with its delegations only biennially, the County Committee, alone, is authorized to remove its chairman at any time. The county convention is a type of meeting prescribed by the OKGOP Rules. The County Committee is the parent body over the convention of delegations.

It is important to remember that a chairman is elected by the County Committee at its convention of delegates. The chairman’s duty is to serve the County Committee and to execute the directives given to him/her by the County Committee. The County Committee is the superior parent body, the chairman and all the committees are subordinate to the County Committee and are inferior bodies.

In other words, the County Committee in assembly is the master and the chairman is its servant.

Robert’s Rules of Order, Newly Revised (hereafter referred to as RONR), which is the parliamentary authority for the OKGOP,8 repeatedly supports the principle that an inferior officer serves at the pleasure of its parent body. The parent body, in this case the County Committee, may remove their inferior officers, whether appointed or elected, at any time when it decides that, as in this case, the chairman is not fulfilling her/his duty to the County Committee.

It is important to remember, the chairman is inferior in rank, in authority and in power BENEATH the County Committee. The County Committee is ABOVE and superior in rank, in authority and in power over the chairman. The County Committee is THE SUPREME AUTHORITY of the County GOP. The chairman may only exercise such power for fulfilling the duties and directives that are specifically delegated to her/him by the rules. Any action taken beyond this, is overreach and violates the rights of the assembly, the rights of the members and is cause for removal.

Therefore, when a chairman…

• acts unilaterally in making decisions that the County Committee has not approved and/or directed …
• uses the County Executive Committee, the County Central Committee or any other special committee to make decisions instead of going to the County committee…
• attempts to create new levels of governance not authorized in the OKGOP rules…
• creates rules that are not in accordance with the OKGOP rules…
• attempts to take authority over superior bodies, such as the County Committee or Precinct Committees,
• ignores the County Committee’s directives and does his/her own things…
• devises a plan and creates his/her own personal vision for the County without any input from the County Committee…
• refuses to call a special meeting of the County Committee when requested to do so by members of the County Committee…
• attempts to obstruct the County Committee from meeting by canceling a proper call, by discouraging attendance to prevent a quorum, by under-mining proper calls by the Vice Chair or calls by a sufficient number of members…
• claims that proper calls are improper, so that a County Committee won’t be attended…
• colludes with people outside the County to work in opposition to the will of the County Committee of her/his own County…
• willfully breaks the rules in order to subvert the work and/or decision of the County Committee…
• brings a protective order against an innocent member of the County Committee in order to intimidate the member…
• spends money without the approval of the County Committee…
• acts in any of these ways, the chairman is in CONTEMPT of the authority of the County Committee and is in CONTEMPT of the Rules of the OKGOP. These are the very definitions of how a petty tyrant operates. Contempt in attitude and action is a violation of the social contract that the chairman entered into when he/she accepted the office of Chairman.
  That invisible but real social contract was the agreement that he/she would fulfill the duties of chairman, honor and follow the rules of the party, respect the County Committee as his/her authority and execute its directives. Those members of the County Committee, representing their delegations and precincts, believed that the man/woman they elected to be their chairman was honest in accepting the duties of Chairman.

In his/her refusal and contempt, he/she has broken this contract and must be removed.

WHY IS CONTEMPT SO SERIOUS?

Contempt is treasonous to the intents and good faith of the society (OKGOP), and it constitutes rebellion to proper and just authority.

The most obvious and egregious form of contempt is when a chairman tries to subvert and prevent his/her own removal. Shall a lump of clay say to the potter at his wheel, MY will be done?

For those people who are in the GOP and are triggered by the term “RINO”, take heed. The “divine right of kings” is no longer a reasonable position to take. The only people who think that once a person is elected, they are given carte blanche to do whatever they want, are the DEMOCRATS (socialists and communists – same thing!) The RINO label is not an empty term. True republicans believe and uphold the Republican form of government. Real republicans know that the government and all its officials are there to SERVE those who elected them, not rule over them.

For those malcontents who claim that to remove a chairman the County Committee must adhere to Rule 63 in RONR, let’s review the rules thoroughly:

First, The OKGOP Rules state that RONR is the authorized parliamentary authority to be used in all cases wherein the OKGOP rules do not specifically cover a matter. And conversely, RONR states that when it is authorized as parliamentary authority in the by-laws, it is binding in all cases except where they are inconsistent with the bylaws. So the two are in perfect agreement, OKGOP Rules take precedence over RONR.

The important question to ask is this…

DO THE OKGOP RULES DEAL SPECIFICALLY WITH REMOVAL OF A CHAIRMAN BY A COUNTY COMMITTEE

The answer is YES. It most certainly does.
In OKGOP Rule 19(h), paragraphs 1 and 2, it says:

“Except as otherwise specifically provided in these rules, any officer, committee member or delegate of any organization, committee, delegation, or unit of the Oklahoma Republican Party, may at any time be removed in the same manner and by the same power or authority by which one was appointed or elected.”

“Any County Chairman or Vice Chairman, or any member of the State Committee, or any Congressional District Committee, may be removed at any time for cause by a majority vote of the entire existing membership of the County Committee of their County.”

In rule 19(h), paragraph 4, it gives possible causes for removal:

“Causes for removal shall include but not be limited to the following:

1. Misappropriation of funds under the rules of the Republican Party;
2. Failure to follow the rules of the Oklahoma Republican Party;
3. Conviction of a felony; and
4. Publicly supporting or endorsing an opponent of candidates of the Republican Party.

Here we see that causes for removal are not limited to the four causes listed in paragraph 4.

The OKGOP Rules deal specifically with the removal process:

In OKGOP Rule 19(h), paragraph 5, it gives the specific procedure for the removal process:

“Any such removals, except as to precinct officers as provided under Rule 5(f) and any removals authorized under Rule 6(f), may be ordered only after ten (10) days’ notice in writing has been given to the person charged, stating the cause and time and place of hearing thereon, and after the person has had the opportunity to present evidence, witnesses, and to be heard personally and by counsel”.

The first line of rule 19(h), “Except as otherwise specifically provided in these rules…” means that rule 19(h), “specifically” provides for removal for the cases stated in that rule, County Chairman being one. Notwithstanding that there are other cases “specifically provided” for elsewhere in the rules such as precinct officers in 5(f) and in Rule 6(f), it remains true that removal of County Chairman and Vice Chairman are SPECIFICALLY PROVIDED FOR in OKGOP rule19(f), that including: cause, authority that may remove and PROCEDURE FOR REMOVAL.

It is already established that RONR is the parliamentary authority for the Oklahoma Republican Party, according to OKGOP Rule 20(c), which says:

“Matters not covered by the Rules: All questions of procedure and other matters affecting the Oklahoma Republican Party, or any of its organizations, unit meetings, or conventions, which are not specifically covered in these rules shall be governed by Roberts’ rules of Order, Newly revised, and the law of the State of Oklahoma whichever may be applicable.”

Some agitators insist that any removal of a chairman (or vice chairman) must follow the plan in RONR 63, which outlines a very complex and burdensome procedure for investigations and a formal trial. The full procedure is over 20 pages in length. A full formal trial and investigation is similar to a case in a court of law, possibly involving lawyers, finding the charged guilty, and even penalties.

Is it any wonder that many of the agitators for this are attorneys?!

As a preface to RONR 63, it states:

“Except as the bylaws (OKGOP Rules) may provide otherwise, any regularly elected officer of a permanent society can be removed from office by the society and assembly as follows:”

This RONR rule affirms that the procedure provided for in the OKGOP Rules (bylaws) take precedence over the procedures for a RONR 63 Investigation and Trial because the OKGOP Rules DO PROVIDE OTHERWISE!

RONR further states that:

“Most ordinary societies SHOULD NEVER HAVE TO HOLD A FORMAL TRIAL, and their bylaws need not be encumbered with clauses on discipline.”

THEREFORE,

1. RONR rule 63, for investigation and trial procedure, does not apply to the OKGOP because,
2. The OKGOP Rules specifically provide for a straightforward and fair procedure for removal,
3. The OKGOP Rules take precedence over RONR, because they specifically provide for removal,
4. And this is in accordance with RONR, that additionally says a full trial should never have to be held,
5. The OGKOP Rules and RONR are in complete agreement. The procedure in the OKGOP Rules takes precedence for removal procedure,
6. The OKGOP procedure avoids encumbering the party unnecessarily,
7. And it protects the rights of the members of the Republican Party to hold their officers accountable and to do the ongoing work of the party.

It seems apparent that those who are clamoring for a lengthy and unnecessary investigation and trial, against the clear provision provided in the OKGOP Rules, are the same ones in collusion with the chairmen that are obstructing removal procedures. Obstruction of the right of the County Committee to remove, is contempt.

I urge all Oklahoma Republicans to stay true to our Republican form, require your County Chairman to serve their County Committee faithfully and replace any chairman who refuses to do so.

THE CONTEMNER SHALL NOT BENEFIT FROM HIS CONTEMPT.

For more on the OKGOP Rules, click here.