TALLAHASSEE — Republican Party of Florida general counsel Jason Gonzalez is trying to shoot down the legal argument critics of Chairman Jim Greer are mounting in an effort to force a vote on his ouster at next month’s annual meeting in Orlando.
Gonzalez, a former general counsel for Gov. Charlie Crist, is responding to a memo sent out by vice-chairman Allen Cox and other executive committee members claiming they have the right under party rules to vote at the Jan. 9 meeting on rescinding Greer’s election to a two-year term as chairman.
Greer’s head lawyer says otherwise.
“As you know, the RPOF Constitution establishes fixed two year terms of office for officers such as the Chairman,” Gonzalez wrote to Cox. ”Therefore, the RPOF disciplinary procedures in Rule 22 govern this matter. Nothing in your letter provides a valid basis for ignoring RPOF Rule 22.”
Read the whole letter below:
TO: Allen Cox, Vice Chairman, RPOF, SCM, Gulf County; Allison Defoor, Esq., SCM, Wakulla County; Gary Lee, Chairman, Lee County; Peter Feaman, Esq., SCM, Palm Beach County; Bob Starr, Chairman, Charlotte County
FROM: Jason Gonzalez, General Counsel, Republican Party of Florida
DATE: December 28, 2009
RE: RPOF, Letter, Greer, 12-22-2009
Gentlemen:
I am in receipt of your letter dated December 28, 2009. Robert’s Rules of Order Newly Revised (”Robert’s Rules”) expressly addresses the issue of how an elected officer of an organization may be deposed for cause. Chapter XX, section 61 of Robert’s Rules provides that if “the bylaws provide that officers shall serve only a fixed term, such as “for two years,” [as opposed to "two years or until their successors are elected"] . . . an officer can be deposed from office only by following the procedures for dealing with offenses by members outside a meeting.” As you know, the RPOF Constitution establishes fixed two year terms of office for officers such as the Chairman. Therefore, the RPOF disciplinary procedures in Rule 22 govern this matter. Nothing in your letter provides a valid basis for ignoring RPOF Rule 22.
While your argument that the State Executive Committee ignore Rule 22 is wrong, I agree that under Robert’s Rules, any officer subject to disciplinary proceedings under Rule 22 may not preside over those proceedings.
Sincerely,
Jason Gonzalez
General Counsel
Republican Party of Florida
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