Kenneth E.

Hambrick

HAND DELIVERED

February 20, 2009

California Republican Party

Credentials Committee
c/o Ms. Jalene Forbis, Committee Chair

Re: Request for Credentials Review of Contra Costa County Delegation

Dear Madame Chair and Committee Members:

The purpose of this letter is to request action by the Credentials Committee to decertify,
for just cause, the following convention delegate nominees:

• Darcy Linn, acting Contra Costa Central Committee Treasurer;

• Greg Poulos, acting Contra Costa Central Committee Chairman; and
• All State Central Committee Delegates nominated by Greg Poulos, in his
capacity as acting Contra Costa Central Committee Chairman, pursuant to
California Republican Party (hereinafter “CRP”) Standing Rules and Bylaws
Article II, Section 2.01.01(B)(5).

Factual evidence presently available demonstrates that the Contra Costa delegation
does not meet CRP standards for credentialing, due to violations of County Central
Committee bylaws at its January 6, 2009 organizational meeting (a copy of County
Central Committee Bylaws is enclosed as Attachment “1”). Specifically, this
decertification request is made based upon irregularities associated with the Contra
Costa Central Committee’s appointment of Ms. Linn and Mr. Poulos to fill Committee
vacancies, prior to completion of the annual organizational meeting, thereby rendering
the subsequent appointment of Linn and Poulos to Executive Board positions on the
Contra Costa Central Committee null and void under County Central Committee bylaws.
Further, it is asserted that any and all State Central Committee Delegates nominated
made by Mr. Poulos are invalid, by extension, based upon his improper election to the
County Central Committee Chairmanship in violation of County Central Committee
bylaws.

This letter will provide factual evidence in full support and justification of this request.
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 2 of 7

A. AUTHORITATIVE BASIS FOR CREDENTIALS REVIEW REQUEST

I am an elected member of the Contra Costa Republican Central Committee and

personally witnessed the underlying events which support this decertification request.
Accordingly, I am qualified to raise this issue before the CRP Credentials Committee.

In addition, I represent several other members of the Contra Costa Central Committee
who requested my assistance in preparing and issuing this notice, as a means of ensuring
that only duly authorized representatives of the Contra Costa delegation are permitted to
vote in the forthcoming state organizational meeting.

B. CREDENTIALS COMMITTEE REVIEW; EXCLUSIVE REMEDY

This decertification request is directed to the Credentials Committee based upon an

understanding that this Committee has sole authority to make credentials determinations
regarding individuals nominated as State Central Committee Delegates by a County
Central Committee, pursuant to State Party rules (i.e., CRP Standing Rules and Bylaws
Article II, Section 2.01.02). As such, an appeal to the Credentials Committee is a
County Central Committee’s exclusive remedy for resolution of a local dispute regarding
credentials of State Central Committee Delegates.

Further, it is understood that County Central Committees act autonomously from the
State Party organization and are governed by their own local rules and that the
Credentials Committee makes its determinations accordingly (CRP Article 1, Section
1.03).

Finally, it is understood that, once a legitimate question arises regarding the validity of
State Central Committee Delegates, nominees to Delegate positions are not duly
certified as Delegates unless or until the party Credentials Committee makes a
determination regarding credentials status based upon available evidence and CRP
Rules. Accordingly, the Delegate removal provisions of CRP Bylaws II, 2.01.02(1) shall
not apply to delegate nominees because such nominees are not Delegates as defined
by CRP Rules (CRP Bylaws Article I, Section 1.04(C).

C. FACTS

1. On January 6, 2009, the Contra Costa Central Committee (hereinafter

“CCCC”) conducted its biennial organizational meeting, at which
Committee vacancies and Executive Board positions were filled in a
manner contrary to bylaws requirements.

(A) IMPROPER FILLING OF COMMITTEE VACANCIES

1) Committee Bylaws specify the procedures for conduct of the

Committee’s biennial organizational meeting (CCCC Bylaws Article XI).

2) A list of the Regular Members elected in the June 2008

primary election is enclosed as Attachment “2”.
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 3 of 7

3) At the January 6 organizational meeting, three Committee

vacancies were identified by the Temporary Chairman, Tom Del Beccaro: two due
to resignations (one tendered verbally at the January 6 meeting by an elected
member; and submitted one prior to the meeting) and one due to failure to elect a
sufficient number of eligible Regular Members in the direct primary election.

4) Contra Costa Central Committee bylaws require Committee

vacancies to be filled after the following requirements are satisfied:

i. The Central Committee completes its biennial organizational

meeting and its Executive Board positions are filled (CCCC
Bylaws Article XI, Section 2). Completion of this organizational
process must precede any actions to fill vacancies, because
new Committee members cannot be appointed until there is an
organized Committee (that is, with an Elected Executive Board
in place) duty authorized to appoint them;

ii. Supervisorial District Chairs are elected by the Regular

Members in each District (CCCC Bylaws Article VII, Section 1);

iii. Notice of Committee vacancies is circulated at the District level,

to elicit interest from a broad cross section of potential
candidates (CCCC Bylaws Article IV, Section 8a);

iv. Supervisorial District Chairs call a meeting of the Regular

Members residing in the area, for the purpose of electing a
qualified Republican to fill the vacancy by majority vote (CCCC
Bylaws Article IV, Section 8b).

v. If the Supervisorial District caucus fails to fill the vacancy, then

the Central Committee Chairman calls for an election to occur at
the next regularly-scheduled Central Committee meeting
following that at which Committee vacancies are identified
(CCCC Bylaws Article IV, Section 8c).

5) To date, no election of Supervisorial District Chairmen for

the Contra Costa Central Committee 2008-2010 term has occurred, as required by
organizational bylaws (CCCC Bylaws Article VII, Section 1).

6) The County Central Committee conducts its meetings

according to the parliamentary authority of Robert’s Rules of Order for all disputed
matters not specifically covered by the California Election Code or Committee
Bylaws (CCCC Bylaws Article XVI, Section 2).

7) At the January 6 organizational meeting, the Temporary

Chairman, Tom Del Beccaro, called for the filling of the identified Committee
vacancies to take place during the January 6 meeting and prior to the
organizational process (i.e., filling of Executive Board positions), in violation of
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 4 of 7

Central Committee Bylaws and Robert’s Rules of Order which govern Central
Committee proceedings, thereby rendering these Committee appointments null
and void.

i. Robert’s Rules state that “no main motion is in order that

conflicts with the bylaws . . . or rules of the organization . . . and
to the extent that procedural rules applicable to the organization
are prescribed by federal, state, or local law, no main motion is
in order that conflicts with such rules.” [RONR, p. 106, lines 20-
24] 1

ii. Robert’s Rules state that “bylaws cannot be suspended – no

matter how large the vote in favor of doing so or how
inconvenient the rule in question may be – unless the particular
rule specifically provides for its own suspension, or unless the
rule properly is in the nature of a rule of order as described on
page 17, lines 22-24.” [RONR: p. 254, lines 28-34]

iii. Robert’s Rules state: "At a regular meeting of an organization

that has an established order of business, the assembly cannot,
even unanimously, vote to dispense with that order of business
(in the sense of voting...) ...In such a case, when the matter
taken up out of its proper order has been disposed of, even if it
has consumed as much time as the usual meeting, the chair
must return to the regular order of business and call for the
items in sequence, unless the assembly then votes to adjourn."
[RONR: p. 255, line 29]

iv. In a section titled “Improper Motions”, Robert’s Rules state:

"Motions that conflict with the corporate charter, constitution or
bylaws of a society or with procedural rules prescribed by
national, state, or local laws, are out of order, and if any motion
of this kind is adopted, it is null and void." [RONR: p. 332, line
15]

8) Darcy Linn, Greg Poulos and Keith Nance were

appointed to fill Central Committee vacancies pursuant to a flawed procedure, in
violation of Committee bylaws and contrary to Robert’s Rules (see draft minutes
from the January 6, 2009 County Central Committee Meeting, enclosed as
Attachment “3”).

(B) IMPROPER FILLING OF EXECUTIVE BOARD POSITONS

1) Contra Costa Central Committee Bylaws require Executive

1 th
All references from Robert’s Rules of Order Newly Revised, 10 Edition
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 5 of 7

Board positions to be filled by a majority vote of Regular Members (CCCC Bylaws

Article V, Section 2).

i. Regular members, as defined, are those “members of the

County party elected to the County Central Committee by
the voters in the biennial direct primary election for the
Republican Party” (CCCC Bylaws Article III, Section 2.a.).

2) Darcy Linn, Greg Poulos and Keith Nance were not elected to
the Contra Costa Central Committee in the June 2008 election. (See GOP Central
Committee election results for June 2008 election, enclosed as Attachment “4”).

3) At the January 6 organizational meeting, the Temporary

Chairman called for filling of Executive Board positions from among those identified
at the meeting to fill Committee vacancies, contrary to bylaws which require Board
seats to be filled by Regular Members (CCCC Bylaws Article V, Section 2; also see
Attachment “3”).

4) At the January 6 organizational meeting, Darcy Linn and Greg

Poulos were elected as Central Committee Treasurer and Chairman, respectively,
by a Committee vote taken pursuant to a flawed procedure, in violation of
Committee bylaws (see discussion in Section (A) above; also see Attachment “3”).

i. The accuracy of the draft minutes of the January 6 meeting

(Attachment “3”) are disputed among Central Committee
members, as evidenced by the Central Committee
discussion at its regularly-scheduled meeting held on
February 19, 2009 in Walnut Creek, CA. Specifically, a
dispute among Central Committee members exists regarding
the accuracy of the statements made in the Call to Order
section of the January 6 meeting minutes, relative to the
representation made that a 2/3 vote was taken on the
question of the filling of Committee vacancies. The vote
taken was in response to a motion to immediately seat three
nominees. This action was in direct violation of the Bylaws
process for filling vacancies as detailed in Article IV, Section
8 of the CCCC Bylaws.

ii. The minutes from the February 19 County Central

Committee meeting are not yet available; however, I was
present at both the January 6 and February 19 Central
Committee meetings and attest to the fact that this matter is
in dispute among the Committee.

iii. Notwithstanding the County Central Committee dispute

referenced in items B5-6, above, under no circumstances is
it permissible for the Committee to deviate from its bylaws to
fill vacancies in a manner contrary to bylaws provisions, due
to the requirements of Robert’s Rules which state that
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 6 of 7

bylaws cannot be suspended – no matter how large the vote

in favor of doing so or how inconvenient the rule in question
may be – unless the particular rule specifically provides for
its own suspension, or unless the rule properly is in the
nature of a rule of order as described on page 17, lines 22-
24. [RONR: p. 254, lines 28-34]. Further, Robert’s Rules
states the following:

[Organizational bylaws] include all rules that the society

considers so important that they (a) cannot be changed
without previous notice to the members and the vote of a
specified large majority (such as a two-thirds vote), and b)
cannot be suspended (with the exception of clauses that
provide for their own suspension under specified
conditions . . . .). [RONR, p. 12, lines 26-31]

Rules clearly identifiable as in the nature of rules of order

that are placed within the bylaws can also be suspended
by a two-thirds vote; but except for such rules and for
clauses that provide for their own suspension, as stated
above, bylaws cannot be suspended. [RONR: p. 17, lines
23-27]

iv. Neither the presence of a dispute regarding the accuracy of

the January 6, 2009 meeting minutes, nor the apparently
intentional and potentially fraudulent misstatements made
therein, should divert attention from the fact that the County
Central Committee vacancies and subsequent election of
officers on January 6 were out of order and impermissible
under local rules.

5) The Central Committee’s election of Darcy Linn and Greg

Poulos to Executive Board positions on January 6 was improper and in violation of
Committee bylaws and parliamentary process defined by Robert’s Rules; thus their
appointments to an incumbency in these positions are null and void.

6) Any actions — including appointment of State Central

Committee Delegates — taken by Executive Board members, whose claim to
his/her position is illegitimate because his/her appointment was improper, are null
and void.

D. CONCLUSION

The facts surrounding the appointment of the 2009 Contra Costa Delegation
demonstrate that this Delegation’s credentials do not meet CRP standards, as a result of
defective procedures followed at the County Committee’s January 2009 organizational
meeting to fill Committee vacancies and Executive Board positions. The evidence in
support of this claim is clear and substantiated.
Letter to California GOP Credentials Committee
Re: Credentials of Contra Costa County Delegation
February 20, 2009
Page 7 of 7

Therefore, the Credentials Committee should accept this finding and, accordingly, act
immediately to decertify all members of the Contra Costa County Delegation. In
addition, it is recommended that the Credentials Committee advise the Contra Costa
County Central Committee to conduct a new organizational meeting in order to correct
its previous procedural errors and avoid future credentials challenges.

Respectfully submitted,

Ken Hambrick
Member, Contra Costa Central Committee, District #3

Enclosures:
1. Contra Costa County Central Committee Bylaws, dated December 2008
2. List of Contra Costa Central Committee Members Elected in June, 2008
3. Draft minutes of Contra Costa Central Committee Organizational Meeting, January 6,
2009
4. June 2008 Election Results for Contra Costa County Central Committee