North Carolina Democratic Party
Plan of Organization
As Amended Jan 20th, 2007

9.00 COUNCIL OF REVIEW

9.01 PURPOSE

There is hereby established a Council of Review for the purpose of hearing and rendering fair and impartial decisions on such disputes and controversies which may arise within the Party when the same are made known, in writing, to said Council of Review by the state chair, or by the state executive committee, or by an aggrieved active Democrat. Auxiliary organizations of the Democratic Party shall provide for the internal resolution of disputes within their respective organizations and shall not be subject to this section.

9.02 COMPOSITION

Members. The Council of Review shall consist of one (1) member from each congressional district who shall be elected at the congressional district conventions held in even-numbered years, and four (4) members at-large to be appointed by the state chair.

No person may be a member of the Council of Review who also serves as a chair of a county or district executive committee or as an elected or appointed officer of the state executive committee.

Officers. The state chair shall appoint a chair and a secretary of the Council of Review from among the members of the Council of Review.

Terms. Terms for members of the Council of Review shall begin upon the date of their election or appointment and end on the date in the next even-numbered year set for district conventions or until their successors are elected or appointed.

9.03 RULES AND DECISIONS

Forty percent (40%) of the entire membership of the Council of Review shall constitute a quorum. All decisions concurred in by a majority of the Council of Review present and voting shall be final and binding upon all North Carolina Democratic Party meetings and officials, except that any decision of the Council of Review decided by less than a two-thirds majority of those present and voting may be appealed to the state executive council. The state chair is hereby directed to issue such further and supplementary directives as may be necessary and proper to implement the decisions of the Council of Review. The Council of Review is further empowered and directed to adopt necessary and appropriate rules to assure that each dispute and grievance is settled impartially, equitably and according to rules of justice and fairness.

9.04 REMOVAL OF MEMBERS

The state executive council shall have the right to remove from office any member of the Council of Review upon two-thirds of the state executive council present and voting being satisfied that the Council of Review member has been disloyal to the Party, has refused or failed to perform his or her duties, or is guilty of any misconduct which is not in keeping with his or her high position of honor in the Democratic Party.

9.05 VACANCIES

A vacancy in the membership of the Council of Review shall be filled by the congressional district executive committee of the congressional district in which such vacancy exists, except that vacancies in members at-large appointed by the state chair shall be filled by the state chair.

9.06 JURISDICTION

The Council of Review shall assume jurisdiction of all matters and disputes arising from any Party meeting or convention provided for in this Plan of Organization; provided such dispute or grievance is brought to the attention of the chair of the Council of Review within ten (10) days after such meeting or convention was convened or was to have been convened, or within ten (10) days after the Petitioner(s), through the exercise of due diligence, could have discovered the incident or event giving rise to the grievance, whichever is latest. The Council of Review shall have sole discretion to determine whether a dispute or grievance has been timely raised with the Council of Review, but in no event shall the Council of Review consider any incident or event occurring more than six (6) months prior to the alleged grievance. Any grievances arising from such Party meetings or convention not brought to the attention of the chair of the Council of Review within the ten (10) days shall be deemed to have been waived, unless the Council of Review determines that the incident or event could not have been discovered through the exercise of due diligence within such period of time. An aggrieved Democrat shall be deemed to have brought such to the attention of the chair of the Council of Review if written notice was delivered by hand or mailed, with a postmark imprinted by the United States Postal Service or a postage meter approved in accordance with a permit issued by the United States Postal Service, to the chair of the Council of Review within the time limits set forth hereinabove. The Council of Review shall also assume jurisdiction of all matters and disputes referred to it by the state chair.

The person(s) filing the grievance shall be referred to as the Petitioner(s). The person(s) against whom the grievance is filed shall be referred to as the Respondent(s).

9.07 MEDIATION

After a grievance is received by the chair of the Council of Review, the chair of the Council of Review shall immediately forward to the Respondent(s) and the state party Chair a complete copy of the grievance.

Within ten (10) days after a grievance is received by the chair of the Council of Review, the chair of the Council of Review shall invite the Petitioner(s) and the Respondent(s) to participate in mediation by the executive director. If all Petitioner(s) and all Respondent(s) agree to mediation of the grievance, the matter shall be immediately referred by the chair of the Council of Review to the executive director for mediation. If any Petitioner or Respondent refuses to participate in mediation, the matter shall be immediately referred to the Council of Review.

The executive director shall have fifteen (15) days in which to mediate a resolution between the Petitioner(s) and Respondent(s). If a resolution is agreed to between the Petitioner(s) and Respondent(s), the executive director shall reduce the resolution to writing and have the Petitioner(s) and Respondent(s) sign the resolution. The signed resolution must be approved by the chair of the Council of Review. Once approved by the chair of the Council of Review, this resolution shall be final and binding and the grievance shall not be referred to the Council of Review.

If a mediated resolution is not agreed to within fifteen (15) days, the grievance shall be referred back to the chair of the Council of Review and the procedures below shall be followed.

9.08 NOTICE

Within ten (10) days of either a refusal by a party to participate in mediation or a referral of the grievance back to the chair of the Council of Review following a failed attempt at mediation, the chair of the Council of Review shall give notice of the date, time and place that the Council of Review will hear the matter. Said hearing shall be held within forty (40) days of the date that notice was issued.

The notice shall be sent to the following: the Petitioner(s), the Respondent(s), the state chair, and the appropriate chair(s) of the county executive committee(s).

Notice shall also inform the Petitioner(s) and Respondent(s) that they may be represented by Counsel.

9.09 PROCEDURES FOR COUNCIL OF REVIEW

Opening. The chair of the Council of Review shall begin the hearing by ascertaining that all parties have been given notice of the hearings and copies of the grievance and such other documents as may have been filed, and that all witnesses requested by either the Petitioner(s) or the Respondent(s) to be invited and attend have been invited by the chair of the Council of Review.

The chair of the Council of Review shall advise the parties that the hearing is held to enable the Council of Review to hear evidence of the acts, omission or conditions alleged in the grievance and to adjudge, on the basis of that evidence, the merits of the dispute or controversy involved, and the Council of Review has the right to confront and cross-examine the Petitioner(s) and all witnesses adverse to a party involved, and to present evidence and argument in their own behalf.

Admissibility of Evidence. The evidence of witnesses, beginning with those who support the grievance, shall be given under oath or affirmation if any material allegations of fact are denied by the Respondent(s), and shall be elicited by the parties, or their representatives, and as appropriate, by any member of the Council of Review. An opportunity for cross-examination of all witnesses shall be allowed. Evidence, to be admissible before the Council of Review, shall be of a direct, non-hearsay nature. The Chair of the Council of Review shall rule on all issues of procedure and evidence and may only be overturned in the hearing by a two-thirds majority of the Council of Review present and voting.

Standard of Proof. In order to uphold the grievance, all material facts alleged therein shall be proved by clear and convincing evidence.

Procedure. The following Procedure shall be observed for the hearing by the Council of Review.

1. Presentation of Case by the Petitioner(s) (30 minutes maximum)
a. Opening statement concerning the Petition, if desired.
b. Petitioner(s)' witnesses are called, examined and cross-examined.
c. Petitioner(s)' non-testimonial evidence is presented.

2. Presentation of Case by Respondent(s) (30 minutes maximum)
a. Opening statement concerning Answer, if desired.
b. Respondent(s)' witnesses are called, examined and cross-examined.
c. Respondent(s)' non-testimonial evidence is presented.

3. Closing Statement by each party. (5 minutes maximum for each)

4. Council of Review closes to deliberate in executive session. Council will announce its decision in open session before all parties and will, upon request, announce the numerical vote.

The Council of Review, by majority vote of those present and voting, may extend the lengths of time for presentations and closing statements outlined in 1. -3. above.

Adjudication. In adjudicating any dispute arising before it, the Council of Review shall find that the Petitioner(s)’ grievance is either meritorious or non-meritorious, in whole or in part. In any case in which the Council of Review determines that a grievance is meritorious, in whole or in part, the Council of Review must then determine whether the incident(s) or event(s) complained of had any material impact adverse to the interests of the Petitioner(s). If the Council of Review determines that a material adverse impact has occurred, it shall order steps, within its discretion, to remedy the impact caused by the incident or event complained of. When the Council of Review determines that no material adverse impact has occurred, it shall not enter any order other than its order finding that the grievance is meritorious but without material adverse impact. For an order to be issued, a majority of the Council of Review must concur.

Appeal. All decisions by the Council of Review shall be final, except that any decision of the Council decided by less than a two-thirds vote may be appealed to the state executive council within 15 days of the date on which the decision of the Council of Review is made public. Decisions regarding removal from any office of the North Carolina Democratic Party shall be governed by Section 10.02.

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