WHEREAS, numerous courts, including the U.S. Supreme Court, have held that political parties have Rights of Free Association under the First and Fourteenth Amendments to the U.S. Constitution to operate free from interference by State or federal government, including the courts, and the right to resolve internal disputes within the party; and
WHEREAS, intra-party disputes are best resolved internally within political parties; and
WHEREAS, the resort to litigation by those who disagree with a County Central Committee, the State Central Committee or any other part of the Wyoming Republican Party, leads to legal expenses, time and effort for both parties to the dispute; and
WHEREAS, the creation of standing rules related to a dispute resolution administration process would promote a simpler and less-expensive resolution process and greater harmony within the party.
WHEREAS, it would be beneficial to the Wyoming Republican Party to have a more formalized dispute resolution administration process in place in the event of intra-party disputes; and
NOW THEREFORE, BE IT RESOLVED THAT the Wyoming Republican Party hereby
resolves and creates an internal Dispute Resolution Committee and administrative process by which any and all disputes shall be resolved between the following:
a. Wyoming Republican Party and one or more State Central Committee members, unless that dispute has been or will be referred to the Investigation Committee; or
b. Wyoming Republican Party and one or more County Central Committees; or
c. Any two or more Republican Party entities or members or delegates of those
entities, whether they be county or State entities, a central committee or
convention.
The attached standing rules are adopted and take force and effect immediately upon approval of the Wyoming Republican Party State Central Committee. See Exhibit “A.”
Exhibit A
Standing Rules
Related to Dispute Resolution Administration Process
In the event of a dispute between the following persons or entities, the parties to the dispute shall be required to submit all such disputes to the Party’s dispute resolution administration process described below:
d. Wyoming Republican Party and one or more State Central Committee members, unless that dispute has been or will be referred to the Investigation Committee; or
e. Wyoming Republican Party and one or more County Central Committees; or
f. Any two or more Republican Party entities or members or delegates of those
entities, whether they be county or State entities, a central committee or
convention.
1. Negotiation. In the event of any dispute arising among any one or more of the parties described above, the parties shall use their best efforts to settle the dispute by direct negotiations between individuals.
2. Arbitration. If the dispute is not settled promptly through negotiation, the parties shall submit the dispute to the Dispute Resolution Committee. The Dispute Resolution Committee shall consist of no less than five (5), nor more than nine (9), members, with each member being from a separate and distinct county, of the Wyoming Republican Party’s State Central Committee appointed by the State Chairman and ratified by a majority of the State Central Committee. Members shall not all be from the same county.
3. Confidentiality. All parties and witnesses during any and all proceedings of the Dispute Resolution Committee agree to keep confidential all information provided and shall be required to sign the SCC’s Confidentiality Agreement before participating in any Dispute Resolution Committee proceedings. Failure to abide by the agreement shall be disciplined by the SCC and/or may be referred to the Investigation Committee. Further, all documents and other information submitted to the Dispute Resolution Committee, including any transcript of the proceedings, shall be confidential and shall not be disclosed to anyone other than the parties and The State Central Committee in Executive Session.
4. Fees. The parties to the dispute shall each pay the Wyoming Republican Party for their proportionate share of the travel expenses and fees of the Dispute Resolution Committee members incurred associated with all meetings and proceedings of the Dispute Resolution Committee but shall otherwise bear their own expenses.
5. Representation. Consistent with Robert’s Rules of Order, any party may be represented in any matter before the Dispute Resolution Committee by any one of the State Central Committee members. No attorney or other representative of a party may participate in any portion of the Dispute Resolution Committee proceedings unless he/she is a current State Central Committee member.
6. Counsel. The Dispute Resolution Committee may confer with counsel as it sees fit to assist it in determining any procedural and/or legal issues related to the dispute.
7. RONR. In resolving the dispute and holding a hearing, the Dispute Resolution
Committee shall follow the edition of Robert’s Rules of Order, Newly Revised, in effect at the time the matter is first referred to the Dispute Resolution Committee.
8. Scheduling. The Chairman of the Dispute Resolution Committee, in his sole discretion, shall advise the parties as to a schedule for resolving the dispute, advise the parties whether it wishes to receive legal briefs, set dates for the providing of witness information and copies of potential exhibits to opposing parties and the committee, and set the date of a hearing on the matter. The hearing need not be a formal trial-type hearing format and may be handled in such fashion as the Dispute Resolution Committee shall determine, in its discretion.
9. Full and Final Judgment. The decision of the Dispute Resolution Committee is full and final and not appealable. Judgment upon the decision rendered by the Dispute Resolution Committee is a full and final decision and, if the committee desires, may be entered as a final judgment in any Court having jurisdiction thereof.
10. Sole Remedy. The sole remedy of the above-referenced parties to a dispute is the procedures set forth in these Standing Rules. If either party files an action in court in violation of these Standing Rules, that party shall indemnify the other party for its costs and attorney’s fees incurred in securing a dismissal of, or otherwise defending against, the action as a result of such violation. As to any legal or equitable action filed after the date this Standing Rule is approved, the party reaffirms and reasserts its rights under the First and Fourteenth Amendments to the U.S. Constitution to resolve internal political party disputes within the party without interference from any court or state or federal
government, and the parties to the dispute shall move the Court to dismiss said action and the dispute will be referred to the Dispute Resolution Committee.
11. Severability. If any portion of this Standing Rule shall be determined to be
unenforceable by a court of competent jurisdiction, said portion shall be disregarded without affecting any other provision of this Standing Rule.
Passed:
Wyoming Republican Party, 22 Jan 22 SCC
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