Dakota News Now has a story about the malcontents in the Minnehaha County Republican Party organization attempting to oust Minnehaha County Chairman Korry Petterson, and about how the (former 32-year Democrat) Chair Jim Eschenbaum ruled that it could not be done.
The South Dakota Republican Party said Minnehaha County GOP Chairman Korry Petterson will remain in office.
A vote to remove him on Monday was ruled invalid by the state’s executive board.
In a Facebook post, SD GOP Chairman Jim Eschenbaum said the bylaws don’t allow county members to oust elected officials without a state-level amendment.
Read and watch the story here.
But.. is it? Is it really over? Because after Eschenbaum felt the need to publicize his pronouncement to the entire central committee and facebook. And there was an interesting reply. One important one in particular:
All,
I appreciate the openness of Chairman Eschenbaum and the executive board regarding letting us know their decision. I respectfully disagree. I don’t want to post this on Facebook, because it is an internal matter for the Party and not the general public, and not something that needs to be in social media. Therefore I am sending out an email.
I have no dog in the fight between the two factions and Minnehaha County. I don’t take a position as to who should be chair, as I haven’t heard the evidence. But, I do have an interest, as a member of the state central committee, in the state central committee retaining authority over membership disputes of the body when there is a dispute.
The bylaws are very clear that Robert’s Rules of Order apply to County Central Committees in Section III.3.D., which states: “The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the County Central Committee in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the County Central Committee may adopt; however, unless any member objects, the committee may act informally at the discretion of the county chairman.” As recognized in the statement by the Chairman, there are no bylaw provisions regarding removal, which means there isn’t anything inconsistent. Therefore, Robert’s Rules is the gap filler and plainly governs under the bylaws. There is language about events causing a vacancy, but that language is not competitive or mutually exclusive to language authorizing removal by a body for cause or otherwise.
Moreover, as a prior member of the bylaws committee (though quite some time ago) and prior parliamentarian for the state party at several times in the past, the bylaws were written in a way to allow removal of officers by a county central committee. Section III.3 states the term of county officers is “shall hold their offices for a term of two years or until their successors have been elected.” The language “or until their successors have been elected” has significance under Roberts Rules to specifically allow for removal. That choice was deliberate and was made knowingly and discussed in the past.
…
Lastly, I don’t think the executive board has jurisdiction to make a final decision on this matter, except in an interim fashion until the next central committee hearing. Under Section I.2, the State Central Committee has this authority. It also, of course, has the authority to do this in determining its own membership. I have no intention to bring a motion on this issue, but it is my opinion that this issue is ripe for resolution by the Central Committee rather than the Executive Board.
So, in Stanley County, we will follow State law, the State GOP Bylaws, and Robert’s Rules, in that order. If the Stanley County central committee chooses to throw me out, so be it. I would encourage other counties to do the same.
Justin Bell
Stanley County GOP Chair
Why is this an important footnote to pay attention to? If you’ve not been paying attention, Justin Bell had recently been doing double duty as the SDGOP Treasurer and the Republican Party’s attorney in just about every election matter for the last decade. Justin is a darn good attorney, and his win/loss record has been tremendous in fighting for the party.
Justin is the one who kept Lora Hubbel off the ballot when she was trying to run for Governor with the Constitution party – in a year where Governor Noem won by 11,458 votes. And had she been on the ballot, she would have stolen those votes from Kristi, not Billie. And it would be a much different South Dakota political scene.
So when Justin gives you free legal advice, and tells you that you may be in error, you should probably listen.
Of course not everyone agreed.
Since you have no information I disagree with you. The State board took care of the situation and there you have it. They ruled after careful consideration and consultations. Thank you for not giving your option social media.
Amy Wagner
(Pennington County GOP Chair)
Which goes to show you that there’s a place for the hopelessly low-information & clueless in the SDGOP.
Speaking of hopelessly low-information, the SDGOP’s highest ranking Obama voter, Chairman Jim Eschenbaum did reply that party leadership will do what they seem to be focused on most lately, exclusive of fundraising, candidate recruitment or being a functional political party – they’ll have more meetings on it:
I am making it a priority to pass a removal process in February, even if we have to make amendments to the proposed amendment, it needs to be done. I just don’t like where we are right now relying on a process of attempting to read between the lines, or argue about the meaning of a word. Also, I am hoping to find reasonable thresholds for notice of meeting, possibly 30 days, work with accused on meeting date, charges included in the agenda, a good quorum of the full body, (State or County) and a 2/3rds vote for removal. Conflict like this further strengthens our bylaws and brings clarity to operations of the party, so it’s not all bad. But just to be clear, removal from office is not regular business, and shouldn’t be handled as such.
Just another day of chaos in the Republican party.