[GPSCC-chat] Critique of SGA for Santa Rosa Plenary

Brian snug.bug at hotmail.com
Fri Nov 15 22:46:26 PST 2013




Below is an unauthorized digest of Mr. Bloomberg's Complaint, created by a sometime paralegal 


who prefers to remain anonymous, that I attempted to post to the gpca-forum list.  I did get an 
obscene response  from Hank Chapot.









THE [digest of the] STORY OF AN ILLEGITIMATE “SGA” Written by Warner Bloomberg III (SO FAR)

 
The idea of freeing up GPCA state party meetings to allow more time for “political” 
and organizing work by creating an electronic (email) Standing General Assembly (SGA) 
to conduct state party business has been discussed for some years.  At the May, 2012 
Plenary such a proposal was presented, inspiring some (unrecorded) expressions of
 concerns, but it was not voted upon.  At the subsequent June, 2012 meeting of the 
Coordinating Committee (CC) Michael Feinstein brought up a “Bylaws interpretation”
 item which passed 10-1-1 and provided that the CC was allowed to set the next General
 Assembly (GA), that the GA should be an SGA, and that it should vote on the May SGA 
proposal and address the associated concerns.   

An SGA was formed, by on-line vote it self-approved, and several Bylaw amendments 
were voted upon reducing the voting threshold from 2/3 to 60% for ordinary decisions 
and from 80% to 2/3 for other decisions, and also eliminating Regional Representatives
 from the CC and replacing them with at-large Reps elected by the SGA.

At the June, 2013 Plenary, Warner Bloomberg objected to the Agenda on grounds that 
section 7-3.2 of the Bylaws requires that the CC's interpretations of the Bylaws be 
approved by the GA.  The vote to approve the Agenda was 19-12-5, or 61%.  This 
failed to meet the 2/3 requirement of the Bylaws as they existed before the CC's 
interpretations gave the SGA putative license to reduce the requirement to 60%.  The
 CC members did not dispute concerns about the lack of GA approval for its
 “interpretation” of the Bylaws; they simply declared that time constraints did not
 permit discussion.  The CC has not put the issue on the current November, 2013 Agenda
either, even though time seems to be available.

Bylaw Section 5.1 provides that  “Date and location for next [General Assembly] 
meeting shall be determined by the close of each meeting.”  The CC's use of 
interpretation of this provision to permit amendment of the Bylaws grossly exceeded 
its authority.  The CC's “interpretation” was not necessary—the section is not 
ambiguous, and failures to schedule meetings have been handled more prosaically in 
the past.  The SGA's electronic discussion and vote tabulation can not be considered
 a “meeting” that can substitute for a Plenary.  

More importantly, the “interpretation” went far beyond the Bylaw text to restructure 
the GPCA, in effect amending the Bylaws with no approval from the GA, though
 long-standing practice has been to review concerns and bring the proposals back to 
the GA.  There was no urgency to justify this, and the CC's votes supporting this
 represented a recourse to expediency and a betrayal of trust.

In addition, the failure to submit the “interpretation” to the GA in June, 2013 
violated the Bylaws.  SGA “self-approval” of the CC “interpretation” that invalidly
created the SGA by violating the GPCA Bylaws was itself invalid and illegitimate.  
Such shenanigans cast a cloud of illegitimacy on all SGA actions and procedures.

Unless the CC will place this issue first on the November, 2013 Agenda, GA time will 
be taken up simply to get the matter into discussion. There's no need to spend time 
on endorsement of a cannabis legalization initiative.   The GPCA approved such a
 position at the San Jose Plenary, and this GA can quickly endorse a similar initiative.  
 
If the GA rejects the CC “interpretation”, GPCA Bylaws as extant June 4,  2013 would 
need to be republished as the current GPCA Bylaws, and the GA would need to appoint 
interim CC members to serve until the next GA (because the current CC members were 
“elected” by an invalid process).  The current SGA could be authorized to vote 
on specific limited issues (e.g., candidates and ballot issues), but its authority 
needs to be specified and limited by future Bylaws  amendments approved by previous 
Bylaws authority and procedures.
 
Correcting this mess will take energy and patience and persistence. But our Ten Key 
Values are inconsistent with an illegitimate “SGA” operating on expediency with the
“ends justifying the means”. I thought that was somebody else!!!


From: WB4D23 at aol.com
Date: Fri, 15 Nov 2013 17:55:58 -0500
To: sosfbay-discuss at cagreens.org
Subject: [GPSCC-chat] Critique of SGA for Santa Rosa Plenary







THE 
STORY OF AN ILLEGITIMATE “SGA” (SO 
FAR)
Written by Warner S. Bloomberg III  November 15. 
2013
 
For 
years there have been discussions and draft proposals about forming 

a 
GPCA Standing General Assembly (SGA) that would operate electronically to 
conduct administrative and other state party business, and thereby allow time 
for more “political” 
and organizing work at state party meetings (aka General Assemblies of 
Delegates, aka GA; aka Plenaries).  
At the May 2012 San Francisco Plenary, such a proposal was placed on the 
agenda by the Bylaws Committee as part of an overall revision of the GPCA 
Bylaws.  The proposals were 
discussed during the Saturday morning session, and numerous concerns were 
expressed.  The Presenter (Michael 
Feinstein) then separated the SGA part of the proposals from 

the 
others and called for a vote on the non-SGA proposals.  When a vote was taken, those draft 
Bylaws amendments received only about 50% support – 
well under the 80% required for a Bylaws amendment.
 
That 
discussion and vote was held on May 12, 2012.  No record of the discussions and 
concerns is included in the record of decisions for that Plenary.  However, Michael Feinstein placed what 
he characterized as a Bylaws interpretation on the agenda for the next meeting 
of the GPCA Coordinating 
Committee (CC) on June 4, 2012 (night before the Primary Election).  The operative language of the proposal 
was as follows:
 
“…the 
CC interprets the existing bylaws that allow it to set the next GA, to set 

the 
next GA as an SGA based upon the SGA proposal of May 13, for the following 
purposes:  …voting upon the 
individual sections of the SGA proposal , to address the outstanding concerns 
from the San Francisco General Assembly (and in the process allow the SGA to 
conduct its review of the CC interpretation).”
 
The 
proposal was approved by the CC on a 10-1-1 vote.  Based on this vote, 

a 
SGA was formed.  As part of its 
activation, an on-line vote was conducted self=approving itself and various 
amendments of GPCA Bylaws were assertedly enacted; including revision of GA 
voting procedures to reduce the previous 2/3rds threshold for ordinary decisions 
to 60% and to reduce the voting threshold for policy matters and Bylaws 
amendments from 80% to 2/3rds.  The 
SGA also eliminated the Regional Representative members on the Coordinating 
Committee and replaced those with an all at-large CC elected by the 
SGA.
 
 
At 
the June 2013 Napa Plenary, I objected to the Agenda on the ground that 

the 
supposed CC Bylaws interpretation was required to be presented to an actual GA 
for confirmation or rejection.  As 
expressly noted at the beginning of the proposal considered by the CC on June 4, 
2012:
 
“Bylaws 
7-3.2 Bylaws Interpretation specifies that ‘In cases of bylaw ambiguity or 
procedural disagreement, the General Assembly shall decide for itself the 
meaning of its bylaws or or the appropriate procedure to be followed.  Between General Assembly meetings, the 
Coordinating Committee shall decide these questions subject to review at the 
next General Assembly meeting….’
 
After 
discussion, the vote to approve the Agenda was 19-12-5, or 61% for 
approval.  Under the GPCA Bylaws as 
published on June 4, 2012, the Agenda would not have been approved as less than 
2/3rds; but because the Facilitators used the SGA changes, the Agenda was deemed 
to be approved by a vote above the “new” 60% threshold.  Of particular note, the CC members did 
not dispute any of the concerns about its failure to allow the GA to affirm or 
reject the CC’s Bylaws “interpretation”; instead they argued that there simply 
was not sufficient time to add it to the Agenda given other matters that had 
been scheduled for the Meeting (e.g., adoption of a budget).  But the vote to approve the Agenda, even 
using a disputed threshold, did not resolve the objection – it only left it off 
the GA Agenda and the objection remains unresolved.  (In Robert’s Rules of Order terms, the 
item was “tabled”.)  And the CC 
again has failed to place this issue on the Agenda for the current November 2013 
Plenary (where the expediency excuse of “not enough time” will not be 
credible).
 
The 
GPCA Bylaw that supposedly was “interpreted” by the CC was:  “Section 5.1.  Regular Meetings.  Section 5-1.1  Meeting frequency.  The General Assembly shall meet at least 
twice a year. Date and location for next meeting shall be determined by the 
close of each meeting.”  So there 
were many problems with 
the 
CC June 4, 2012 “interpretation” of this (or any other) Bylaw as an excuse to 
grossly exceed its authority to restructure the GPCA through what amounted to 
the CC making Bylaws amendments – which is only allowed to be done by a General 
Assembly of Delegates.
 
First, 
there was no “ambiguity” in the Bylaw.  
And although it was argued that 
the 
“interpretation” was needed because a date and location for the next GA had not 
occurred at the May 2012 Plenary, that circumstance has occurred many times in 
the past and the CC simply has recruited a host and proceeded with the 
scheduling of the next Plenary on that basis.  So the “interpretation” not only 
violated the Bylaw it purported to interpret because the language of the Bylaw 
itself was plain, the “interpretation” also was 
unnecessary.
 
The 
“SGA” proposed by and organized under the rationale of the Bylaw interpretation, 
was not and is not a “meeting”.  It 
is an email subscription list that conducts electronic discussions and votes on 
an electronic bulletin board.  At no 
time is any individual at the same place with anyone else at the same time.  It operates only by internet 
communications.  Therefore, there is 
no such thing as 
an 
SGA “meeting” and the SGA created by the CC vote could not be a substitute for 

a 
Plenary.  
 
Second, 
and most importantly, the CC engaged in conduct that was unauthorized by the 
GPCA Bylaws.  The “interpretation” 
was more than considering the GPCA Bylaws text; it created a totally new 
structure in the GPCA amounting to Bylaws amendments that had not been approved 
by any GA.  Even the proposal for 
the CC meeting admitted that there had been no consensus at the May 2012 San 
Francisco Plenary.  The 
long-followed practice in the GPCA under such circumstances has been to review 
the concerns and bring back a similar proposal or set of proposals at the next 
GA.  So, adding to the violation of 
the Bylaws, the proposal, itself, was speculative and conjectural about what the 
Delegates at the Plenary occurring just weeks earlier had been thinking either 
individually or collectively.  And 
the CC vote failed to follow the long-standing practice of a measured 
consideration of Bylaws amendments – as had been the case with all previous 
Bylaws amendments proposals (i.e., there was no urgency to create a “SGA” in 
June 2012).  While one can assume 
the “best intentions” on the part of the CC members who voted to approve the 
“interpretation”, those votes also can be described as a recourse to expediency 
and a betrayal of trust by those holding that office.
 
Third, 
the CC failure to include its Bylaws “interpretation” on the Agenda for the Napa 
June 2013 meeting was an additional violation of the GPCA Bylaws.  That Plenary was the first GA since the 
June 4, 2012 CC vote.  In the 
meantime, the SGA “self-approval” of the CC “interpretation” that invalidly 
created the “SGA” by violating the GPCA Bylaws was itself invalid and 
illegitimate.  These kinds of 
shenanigans are sometimes referred to as “boot strapping”.  Another way of describing it is 
“circular thinking” (a kind of illogic used for self-justification).  Whatever words you want to call it, the 
failure and then obstruction by the CC to allow GA consideration of the 
“interpretation” has created a question of illegitimacy on all actions by the 
SGA and GPCA decisions using SGA created procedures.
 
At 
minimum, the Santa Rosa November 2013 Plenary needs to confront this issue.  Unless the CC will relent and place the 
issue as the first item on the Agenda, GA time needs to be taken just to get the 
matter before the Plenary Delegates.  
Then, at least an hour of Agenda time will be needed to discuss the 
issues and reach either confirmation or rejection of the CC June 4. 2012 
“interpretation.  There is time to 
do this.  There is no need to spend 
time on whether an illegitimate SGA should even consider endorsement of a 
cannabis legalization initiative.  
The GPCA approved such a position at the San Jose Plenary (which was put 
on the Agenda by Green Issues Working Group at the GA in the same session when 
it was approved).  This GA can 
quickly endorse a similar initiative (although the failure to describe the 
initiative is another flaw in the proposed Agenda).  Likewise, as in the past, the Plenary 
Delegates can endorse candidates for state office – even with the Governor 
position having two candidates (e.g., endorse both as proposed by the Alameda 
County GP).  Sending those 
endorsements to an illegitimate SGA should be avoided.
 
What 
happens if the GA rejects the CC “interpretation”?  GPCA Bylaws as existed on June 4, 2013 
would need to be republished as the current GPCA Bylaws.  The GA also would need to appoint the 
current (or other) CC members on an interim basis to serve until the next 
GA.  That would be necessary because 
the current CC members were “elected” by a process created by invalid SGA Bylaws 
revisions.  The currently 
constituted SGA could be authorized to conduct votes on specific limited issues 
(e.g., candidates and ballot issues), but given how the SGA has been manipulated 
to accomplish what some have characterized as a “coup”, any other SGA authority 
needs to be carefully specified and expressly limited by future Bylaws 
amendments approved by previous Bylaws authority and procedures. 

 
Yes; 
the situation is a “mess” and correcting it will take time and energy and 
patience and persistence.  But we 
are a community supposedly guided by 
the 
Ten Key Values.  Continuing the 
charade of an illegitimate “SGA” makes us 
a 
political party of expediency with the “ends justifying the means”.  I thought that was somebody 
else!!!
 
Warner S. Bloomberg III joined the GPCA as a disaffected Democrat in 1994 
and served four years as a County Council Member of the Green Party of Santa 
Clara County.  He also served four 
years as the Coordinator of the Campaign and Candidates Working Group and served 
four years as 
a GPCA Delegate to the GPUS Party National Committee.  He also served over a year on the GPCA 
Coordinating Committee, including twice on the Budget Committee, and resigned 
from the CC in 2012 in protest over the matters described above.  The opinions expressed are solely those 
of the writer, although they also may represent the opinions of at least other 
GPSCC members. 
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