*RONR = Roberts Rules of Order
On June 27, 2023, the WCGOP County Committee made two public statements to the OKGOP State Committee in the form of resolutions. Below is the outline of events that preceded these statements:
April 11: As directed by OKGOP Rule 8(b), WCGOP Central Committee (Larry Murray, Juli Merciez, Wendi Stearman, Rebecca Whisman) met to consider nominees for the two Washington County Election Board positions per Oklahoma Statute 26-2-111. OK Statute requires two signatures and the OKGOP Rules dictate that the Chairman is the executive officer over all functions in the county. During the 4/11 meeting, suggestions were made by all members of the Central Committee, there was much discussion, and the two nominees to be sent to the Oklahoma State Election Board were determined. Chairman Murray signed the forms for the Primary and Alternate Election Board nominees with the additional signature of State Committeeman Stearman. Merciez and Whisman declined to sign the forms.
May 5: Chairman Murray learned that the Primary Election Board nominee selected at the April 11 meeting was not appointed by the OEB (Oklahoma Election Board). On further investigation, it was discovered Merciez and Whisman submitted their own form after the meeting, without the knowledge of the Chairman, circumventing the Central Committee.
May 6: Having been made aware of the unapproved submission by Merciez and Whisman, 20 County Committee members signed and provided written notice to Merciez and Whisman of the scheduled hearing to consider their removal. This notice was given on May 6, twenty-four (24) days before the scheduled hearing opportunity, which generously fulfills the time required by OKGOP Rules. Rule 19(h): “Any such removal may be ordered only after ten(10) days’ notice in writing has been given to the person charged, stating the cause and time and place of hearing thereon, and after the person has had the opportunity to present evidence, witnesses, and to be heard personally and by counsel.”
May 18: Chairman Murray issued the Official Call for the May 30 meeting at the direction of the County Committee. All notice given was in compliance with the OKGOP Rules.
May 26: Having the opportunity for a hearing properly scheduled per OKGOP Rule 19(h), Merciez and Whisman declined this opportunity. They filed a lawsuit against the 20 members who called the hearing, citing RONR Rule 63 as the rule dictating that a removal proceeding must include the RONR Trial procedure. This premise is false on three counts:
- RONR 62:16 states that if the term length in the Rules use the word “or”, no formal trial proceeding is required; simply notice given and a majority vote.
- OKGOP Rule 20(a) states that the OKGOP Rules supersede RONR, except in places where they are not explicit. However, Rule 19(h) is explicit, outlining the removal proceedings, including proper notice, hearing, and voting requirements.
- Historically, OKGOP Rule 19(h) has been applied in the following way: members call a meeting, give an opportunity for hearing (member is not required to take that opportunity) and then take a vote, where a simple majority vote equals a removal. This can be seen in the removal of Rep. Harold Wright in 2019.
May 30: Judge Thomas issued a decree to delay the business of the party until the case was heard in court. Note: This action of the courts to delay the properly called business of the party violated the rights of a private organization, and the first amendment right to assemble.
June 6: Judge Gibson aptly ruled against Vice Chairman Merciez and State Committeeman Whisman’s petition, and the County Committee was allowed to proceed. (The case against the WCGOP County Committee was dismissed.)
June 8: As the original meeting was not canceled, merely delayed (RONR does not allow for an outside entity to cancel a meeting), Chairman Murray sent notice of the rescheduled meeting and continuation of business. The original call was continued since Judge Gibson had allowed the County Committee to proceed. The opportunity of the hearing had been given on May 6 and deliberately obstructed by Merciez and Whisman via the court. Declining to appear does not negate the notice given. Although a second opportunity for a hearing is not required by OKGOP Rules, the County Committee graciously gave another opportunity for a hearing and continued the call to the meeting according to the OKGOP Rules requirement of five days notice for a County Committee meeting.
June 13: The County Committee met for the hearing. Merciez and Whisman did not attend. Following the hearing, the County Committee voted 30-6 to approve the resolution which resulted in the immediate removal of Juli Merciez and Rebecca Whisman from their leadership roles in the WCGOP. Note: OKGOP Rule 19(h) states, “Any County Chairman or Vice Chairman, or any member of the State Committee, or any Congressional District Committee, may be removed at any time for cause by a majority vote of the entire existing membership of the County Committee of their County.” The rules do not limit causes for removal.
June 19: The Executive Committee filled the vacancy of Vice Chairman with Tom Stearman. The County Committee approved the Executive Committee’s Vice Chairman vote.
June 23: The acting OKGOP State Counsel, Sarah Clutts, sent an opinion from the State Party that all actions taken by the WCGOP County Committee to remove and replace officers were invalid. There are several errors in her opinion. The WCGOP County Committee responded with a statement rejecting this opinion and a statement outlining the OKGOP Rule violations of State Chairman Dahm in directing Clutts to submit this opinion. (See Supporting Documents)
Summary: The Washington County GOP County Committee approved the resolution for the removal of Vice Chairman Juli Merciez and State Committeeman Rebecca Whisman from their respective roles. According to the OKGOP Rules, the County Committee is the supreme authority of the county party tasked with directing and controlling the affairs of the county party. The Chairman is the executive officer of the county assisted by the Vice Chairman. It is a well-designed system and the Washington County GOP is functioning as it should. For the Oklahoma GOP to function properly, each level of the party from the precincts to the county to the state must remain inside its role prescribed by the OKGOP Rules.
Supporting Documents:
1. Resolution for Removal
2. Opinion of Sarah Clutts
3. OKGOP Vice Chairman Wayne Hill’s Response
4. WCGOP Resolution Rejecting Clutts Opinion
5. WCGOP Resolution Regarding Actions of Chairman Dahm
