State GOP invalidates Catawba County Republican convention
Here is the complete ruling on the Catawba County GOP that includes details of the controversy
North Carolina Republican Party
Arbitration Committee
In the Matter of the Catawba County Precinct Meetings
Findings, Conclusions and Ruling re: Request for Enforcement
The North Carolina Republican Party Arbitration Committee received a complaint from R. Kelsey Williams dated February 24, 2009 relating to the 2009 Precinct Meetings in Catawba County. The Complaint alleged unauthorized conduct by Catawba County Republican Party Chairman Chip Canupp.
Thereafter, the Arbitration Committee issued Findings, Conclusions and a Ruling dated March 6, 2009, stating, in pertinent part:
In accordance with the above-stated Findings and Conclusions, the North Carolina Republican Party Arbitration Committee Rules in accordance with Article VIII, Section C 1 of the North Carolina Plan of Organization:
(A) that the January 31, 2009 notice published in the Hickory Daily Record was sufficient under the North Carolina Republican Party Plan of Organization to provide notice for the February 17 and February 19, 2009 Catawba County Republican Party Precinct Meetings;
(B) that the nullification of the Catawba County Republican Party Precinct Meetings held on February 17 and February 19, 2009, based upon insufficient notice, was without justification or authority and was inconsistent with the terms of the North Carolina Republican Party Plan of Organization;
(C) that the nullification of the election of precinct chairs at the Catawba County Republican Party Precinct Meetings held on February 17 and February 19, 2009, based upon insufficient notice of said meetings, was without justification, basis or authority, and was inconsistent with the terms of the North Carolina Republican Party Plan of Organization; and
(D) that the rescheduling of the 2009 Republican Party Precinct Meetings in Catawba County, again based upon insufficient notice, is unnecessary, is without authority and basis, and is inconsistent
with the terms of the North Carolina Republican Party Plan of Organization.
Notwithstanding this Committee’s Ruling, the Catawba County Republican Party then held new Precinct Meetings and a County Convention, incorrectly indicating publicly that the decision of this Committee was merely advisory and relying upon its rejected argument that notice of the initial precinct meetings was defective.
By letter dated March 16, 2009 from the original complainant, a Request for Enforcement was received by the Committee. The Committee invited argument and submission of evidence on the question of whether “the Arbitration Committee should or should not take action to enforce its previous ruling in this matter“. Submissions were made by Complainant, Counsel for the Catawba County Republican Party, and interested third parties. The Submission from Counsel for the Catawba County Republican Party stated, in part:
The Committee continued in its March 6 ruling that: no ruling upon the issue raised in the Complaint concerning the makeup of the Catawaba County Republican Party Credentials Committee as the Committee finds that there was no evidence presented by either side sufficient to make a ruling on this issue. The Committee further makes no ruling with respect to that portion of the North Carolina Republican Party Plan of Organization or the Catawba County Republican Party Plan of Organization which relates to 10 day written notice of precinct meetings to be submitted to each precinct chair in the county since there was no evidence presented by either side which addressed this issue.
Please consider our request to simply wipe the slate clean. We are suggesting that a new notice go out to all Catawba County Republicans setting new precinct meetings followed shortly thereafter, if not immediately thereafter, by a convention to be attended by all. (End of letter)
The Committee has reviewed and considered the submissions. Upon due consideration of the merits of the respective positions, the Committee makes the following Findings, Conclusions, and Ruling regarding the issue of Enforcement.
Findings of Fact
1. On March 6, 2009, this Committee issued its Findings, Conclusions and Ruling regarding a Complaint which was filed, with the Committee, regarding the 2009 Precinct Meetings in Catawba County. In that Ruling, the Committee held that notice for the February 17 and February 19 Precinct Meetings in Catawba County was in substantial compliance with the North Carolina Plan of Organization. The Committee further stated that the nullification of those Precinct Meetings, based upon the notice issue, would be without authority or basis and was inconsistent with the North Carolina Plan of Organization. Further, the Committee held that the rescheduling of the Catawba County Precinct Meetings, based upon the notice issue would, again, be without authority or basis and would be inconsistent with the North Carolina Plan of Organization.
2. At that time, the Committee noted that it was interpreting the North Carolina Plan of Organization, and not the Catawba County Plan of Organization, as the latter did not contain a provision requiring notice in a newspaper of general circulation, which was at issue.
3. Notwithstanding the Decision and Ruling of the Committee, the Catawba County Republican Party rescheduled the County’s Precinct Meetings and, further, held a County Convention on March 14, 2009, at which persons who attended the February 17 and February 19 Precinct Meetings, but not the rescheduled Precinct Meetings, were excluded as being without proper credentials.
4. By letter dated March 16, 2009, the North Carolina Republican Party Arbitration Committee received a Request from the original complainant to enforce its original Ruling.
The Committee adopts its previous conclusions regarding the standing of the parties in this dispute. See the Committee’s March 6, Findings, Conclusions and Ruling.
Conclusions
5. The Request for Enforcement presented by R. Kelsey Williams to the North Carolina Republican Party Arbitration Committee constitutes a proper request by the Complainant and will be treated by the Committee as a Petition for an Order to Show Cause why the Committee’s Findings, Conclusions and Ruling should not be enforced.
6. Pursuant to the North Carolina Plan of Organization, the March 6, 2009 decision of the NCGOP Arbitration Committee was final. It did not constitute an Advisory Opinion and, inasmuch as the Catawba County Republican Party is a subdivision of the North Carolina Republican Party, the State Party controls with respect to actions by the local party regarding issues of organization under the State Plan of Organization.
7. The actions of the Catawba County Republican Party in nullifying the February 17 and February 19 Precinct Meetings and Election of Officers, on the basis of defective notice, were inconsistent with both the Ruling of this Committee and the North Carolina Republican Party Plan of Organization.
8. The actions of the Catawba County Republican Party in conducting the March 14, 2009 County Convention, while excluding delegates and alternates elected at the the February 17 and February 19 Precinct Meetings as being without credentials, were inconsistent with both the Ruling of this Committee and the North Carolina Republican Party Plan of Organization.
9. This Committee enjoys discretion inherent in the North Carolina Plan of Organization to craft those remedies which the Committee feels necessary to insure equity and substantial compliance with the Plan and the Committee’s Rulings.
10. Having reviewed the evidence submitted by the Catawba County Republican Party, Complainant, and interested third parties, the Committee recognizes that a number of Catawba County Republicans attended the February 17 and February 19 Precinct Meetings, which were scheduled and noticed by the Catawba County Republican Party.
11. Notwithstanding this fact, however, the Committee has not received complete and authenticated credentials from each and every one of those meetings and, as a result, can not, with certainty, insure the legitimacy of delegate and alternate lists from those meetings.
12. Absent a complete and authentic list of credentials from each of the Catawba County Precinct Meetings held on February 17 and February 19, 2009, prepared consistent with the North Carolina Plan of Organization, the Committee could not insure that persons properly elected as delegates and alternates at those Meetings would be the only persons properly credentialed to attend a County Convention in Catawba County held in a manner consistent with the North Carolina Republican Party Plan of Organization.
Ruling
In accordance with the above-stated Findings and Conclusions, the North Carolina Republican Party Arbitration Committee Rules in accordance with Article VIII, Section C 1 of the North Carolina Plan of Organization:
(A) that the Precinct Meetings held by the Catawba County Republican Party in March 2009 were without authority and basis, inconsistent with the terms of the North Carolina Republican Party Plan of Organization, and must be set aside;
(B) that the County Convention held by the Catawba County Republican Party on March 14, 2009 was conducted in a manner inconsistent with the North Carolina Republican Party Plan of Organization and must be set aside;
( C) that good cause exists for the North Carolina Republican Party Arbitration Committee to exercise its discretion, inherent in the State Plan of Organization, (D) the North Carolina Republican Party Plan of Organization requires County parties to hold annual precinct meetings and a county convention and, absent compliance with the Plan on this point, a county is essentially unorganized for purposes of the State Plan of Organization and it is the responsibility of the North Carolina Republican Party to take those steps reasonably necessary to properly organizethe County;
(E) given the course of events in Catawba County, as outlined herein and in the Committee’s March 6, 2009 Findings, Conclusions and Ruling, the Committee determines and rules that Catawba County is unorganized for purposes of the North Carolina Plan of Organization and, as a result, will take those steps reasonably necessary to properly organize the County;
(F) Among the steps that the North Carolina Republican Party will take are:
1. organize and hold Precinct Meetings within Catawba as soon as is reasonably possible;
2. organize and hold a County Convention within Catawba as soon as is reasonably possible;
3. administer and supervise the credentialing process at both the Precinct Meetings and County Convention referenced above;
4. retain a person of high integrity and independent of the Complainant and the Catawba County Republican Party to serve as Chair of the abovementioned County Convention; and
5. take those steps reasonably necessary to notify all interested persons about the time, date and location of the upcoming Precinct Meetings and County Convention.
Staff is directed to implement the terms of this Ruling. The Committee will retain jurisdiction of this matter to insure compliance with this Ruling.
This the _____th day of March, 2009.
Linda Daves
Chair, North Carolina Republican Party Arbitration Committee
(Note) The Committee acknowledges that the 10th District Convention is scheduled to occur on Saturday, April 4. Under the Terms of the State Plan of Organization, all County Conventions are to be held at least 10 days prior to the District Convention. Moreover, the Committee is keenly aware of the notice provisions in the State Plan of Organization, especially since they were at issue in this matter. Given the date that this matter was brought to the Committee, and the need to insure that both sides enjoyed due process and an opportunity to present evidence and argument to the Committee, it is clear that the full 10 days newspaper notice and 10 day gap between the dates of the Catawba County and District Convention will not be possible to achieve. However, the Committee directs NCGOP staff to make every effort to insure that notice is provided to all interested persons and, further, asks for the cooperation of the 10th District leadership in insuring an opportunity for Catawba County Republicans to participate in the 10th District Convention.
(End of Ruling)
