Memo from the Lawyer

The attorney addressed the two different issues Bryan's appeal.

On the first issues, the election of officers, it was Mr. Logan's opinion that Bryan could not file the appeal under Rule 23(a) because, he said:

Party Rule 23(a) grants the State Party, through its Executive Committee, discretion to exercise jurisdiction over controversies. It does not grant an individual the right to appeal.

He went on to opine:

…because Party Rule 23(a) specifically addresses an individual’s right to appeal controversies arising at the county committee level, it is my opinion that an individual cannot file an appeal under Party Rule 23(a).

And in answer to Bryan's contention that the election was the result of a continuing breach, wherein the December vote to allow non-voting members to vote, with non-voting members actually voting on the matter, Mr. Logan answered cited Maine State Republican Party Rule 27, which states:

'Robert's Rules of Order, Newly Revised, shall be the Rules of the Maine Republican Party so far as they are applicable and consistent with these rules as written.' Accordingly, the Party employs Robert's Rules unless Robert's Rules conflict with the Party's Rules. Put otherwise, the Party's Rules "trump" Roberts Rules.*

There was no explanation by the lawyer of just how the Party's rules conflicted with Robert's Rules regarding an ongoing breach, and repeated requests of Party Chair Rich Cebra went ignored.

*Emphasis, including bolding and underline, are inserted by the attorney, William Logan, in the memo.

Pertinent Links:

The March 18, 2013 memorandum from attorney William P. Logan to Maine State Republican Party Chair Rich Cebra and Executive Director Jason Savage regarding the second appeal, submitted by State Committeeman Bryan Daugherty

The second appeal, submitted by Maine State Republican Committeeman Bryan Daughtery, which was being answered by this memo

State Committee Facebook discussion about the response, begun March 20, 2013

Second but simultaneous State Committee Facebook discussion about the response, begun March 20, 2013

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