Pulling the Knives Out.... Part 2

What you are about to read is the first installment in a series detailing, in real time, the improper and proper events that occurred in the Augusta County Mass Meeting on April 10, 2008. These "reconstructed minutes" were compiled from the original minutes, raw audio and video footage of the meeting, countless hours of interviews, and pages of filed reports on the incident. Each section will include an overview of the meeting followed by a report on how it stands up against many legal sources and documents. We apologize for not getting this all out sooner--but the original SWAC bloggers have been having to pull a few knives out of our backs as of late....kinda hard to multi-task.

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PART 2 - Bailey Stumbles Forward

Jim Bailey then asked Michael to hand over his agenda for the Mass Meeting seeing that he (Bailey) had none. Michael explained that he had his agenda but not Bailey’s. Bailey then stated to the meeting that obviously Michael would not share his agenda with the Mass Meeting. Michael rose to a point of order, stating that the agenda he had had been prepared by him (Michael), but he was not elected Temporary Chairman and therefore, could not use it and that it was the duty of the elected Temporary Chairman to report his own agenda.

A point of order was raised by Katz and Argenbright citing the ill-preparedness of the newly elected Temporary Chairman and his lack of a prepared agenda when Michael had spent weeks preparing for this mass meeting.

Senator Emmett Hanger then approached the podium with David Beyeler. Staunton Republican Committee Secretary Alex Davis and former Albemarle County Chairman Keith Drake also approached. Hanger made a motion that the vote be rescinded and reinstate Kurt Michael for, at least, Temporary Chairman if he so desired the position. Bailey refused. Davis, with the backing of Drake, defended the validity of Hanger’s motion citing Robert’s Rules of Order. Beyeler turned, ordering them to back away, as they were not County residents.

Bailey moved on to the reading of the Call. Tom Nelson called for a suspension of the reading and was seconded. Bailey then moved to suspend the reading of the minutes. This was seconded and approved. Bailey then moved that nominations be taken from the floor for candidates for the chairmanship of the Augusta County Republican Committee. Nelson rose in a point of order, because the nominations process had already been concluded with the submission of pre-filing forms. To this, there was a general agreement and the Temporary Chair moved on.

Bailey then called for the candidates for chairman to come up and speak to their candidacy. A point of order was raised by Michael stating that committees had to be formed before that call could be fulfilled. At this, Bailey appointed only chairs of committees and not full bodies.

He appointed the Jean Shrewsberry as chair of the Rules Committee, Lynn Mitchell to the Credentials Committee—who declined and in her place, John Wirth was appointed—no one was appointed to chair or to serve on a Nominations Committee. Bailey then opened the floor for nominations for Temporary Secretary of the Mass Meeting. Lynn Mitchell was nominated but declined. Phil Lynch nominated Chris Green, received a second, and with no opposition, the vote passed unanimously (1).

Bailey then called for a ten minute recess so that the committee chairs could go out, appoint their own bodies, and discuss (2).

John Wirth reported these numbers from the Credentials Committee: Beverley Manor – 24 , Pastures – 42 , Riverheads – 21 , North River – 74 , South River – 39 , Wayne – 37 , Middle River(3). – 30 , and full Mass Meeting Voter Count – 267. Bailey appointed Ray Ergenbright as his Parliamentarian. Jean Shrewsbury then rose and made a motion to suspend the rules and received a second and the vote moved forward, being passed in favor: 138 – 110

A point of order was raised by Nelson that not only was Shrewsberry’s motion out of order because no Rules had been adopted but also cited that this type of vote needed a two-thirds majority to pass. The temporary chair agreed, but did nothing to reverse the vote. Shrewsberry then called for another ten minute recess to speak to her committee, which Bailey granted. According to the Official Minutes of the Mass Meeting they returned with this ruling, “It is their understanding that a majority vote is only necessary. Mr Ergenbright ruled that a 2/3s majority was necessary to suspend the rules, and further ruled that a majority was necessary to change the rules of the meeting.” The chair took this into consideration, but no action was taken to reverse the first vote. Hahn then stood and made a motion that all those wishing to speak, should stand to be recognized by the Temporary Chair, as per Robert’s Rules of Order. It was seconded from the floor, but Bailey ignored the motion and it was never called to a vote (4).

PART 2(a) - Bailey Stumbles Forward

1. According to the Handbook for Mass Meetings, Conventions and Party Canvasses: Second Edition an agenda is recommended and its planning deemed “absolutely essential for the mass meeting to run smoothly.” The Handbook even provides a basic agenda for use. Bailey’s lack of an agenda validates the point of order that Katz and Argenbright raised. (See Article V, Section D and Article V, Section D, Part 3.) The way Bailey addressed Michael to hand over the agenda, could call his ability to lead the Mass Meeting into question as per Robert’s Rules of Order (See pg. 148) The motion made by Senator Hanger to possibly rescind the motion is validated by Robert’s Rules (See pg. 137). The Official Mass Meeting Call of the Augusta County Republican Committee stated that candidates for Chairman had to pre-file with Chris Green no later than 5.00pm on March 22, 2008. Bailey’s calling for nominations from the floor went in direct violation of the Call. Nelson’s point of order checked Bailey’s error. (See Official Call, Pre-Filing Requirement Section.) As also noted in the Handbook, committees must be appointed and then have reported, before candidates for Chairman can speak to their candidacy. More directly, the Nominations Committee must meet to make sure each candidate for Chairman met all requirements listed in Augusta County’s Official Mass Meeting Call. (See also Article V, Section D and Article V, Section D, Part 2.) All Temporary positions, as stated in [1(a), Point 1] must become Permanent by a vote of the Mass Meeting or by a provision in the approved and voted on Rules (See Article V, Section D, Part 3). Neither the Temporary Chair nor the Temporary Secretary of this Mass Meeting was voted into a Permanent position.

2. According to the Handbook for Mass Meetings, Conventions and Party Canvasses: Second Edition the Temporary Chairman appoints not only the Committee Chairmen but also their full bodies as well. This is not left up to each individual Committee Chairman. Bailey made this mistake but was unchecked (See Article V, Section D, Part 1).

3. Shrewsberry motion to suspend the Rules of the Mass Meeting were out of order because, while the Bylaws of the Augusta County Republican Committee state that the committee approve in advance the rules for the conduct of the Mass Meeting, it goes on to order those rules to be handed over to the Rules Committee for their “consideration” only. They need not accept those Rules and can return with a completely different set if they so choose (See Article X, Section B, Number 2). If the Rules Committee has not yet reported, in effect, there are no rules for the Mass Meeting. With no rules, there can be no suspension of Rules since they, as yet, do not exist. After Wirth’s report of the Credentials Committee, according to the Handbook for Mass Meetings, Conventions and Party Canvasses: Second Edition it states that at that time, a Permanent Chairman is to be elected (See Article V, Section D, Part 3).

4. Nelson’s point of order about this fact was ignored—against Robert Rules of Order guidelines (See pg. 117). His point of needing a two-thirds majority to suspend rules in the first place, while noted by the Temporary Chairman, was not acted upon. Though the Rules Committee under Shrewsberry went out to discuss this matter, they came back with a ruling that was in total contradiction to Robert’s Rules of Order (See pgs. 128 – 129). They were corrected by Ergenbright, and his ruling was taken into consideration by Bailey, but he refused to do anything and the majority vote held, again, in direct contradiction of Robert’s Rules of Order. Also in violation of Robert’s Rules was Bailey’s failure to follow proper Rules of Debate (See pg. 46) when it came to recognizing speakers.
   

Part 3 - With a Vote of No Confidence...coming soon!...

See The Opening - Part 1 here.