Mississippi Democratic Party
The Party of Progress

Mississippi Democratic Party Constitution

Article VII

Appeals Council

1.  To ensure fairness and prevent injustice in the internal operations of any Mississippi Democratic Party organization there shall be established an Appeals Council of the State Democratic Executive Committee consisting of five members of the State Executive Committee other than Administrative Committee members to be appointed by the Chairperson with the approval of the Executive Committee, whose members shall serve for four years unless they resign beforehand.

2.  The Appeals Council shall have jurisdiction over all matters of Party rules and the internal operations of the Democratic Party of the State of Mississippi at all levels, including the election of delegates or the operation of the various Executive Committees.

3.  Any member of the Democratic Party of the State of Mississippi feeling aggrieved by the action, inaction or decision of any official Democratic Party of Mississippi unit or organization may appeal such action or decision to the Appeals Council.

4.  No appeal shall lie before the Appeals Council which has not been first presented in writing to the organizational unit against which the complaint is made and there has been reasonable opportunity for said organizational unit to act.

5. All appeals to the Appeals Council shall be in writing setting out the names and addresses of the complaining parties and the name or identification of the unit against which the complaint is made, a clear and concise statement or explanation of the charge or complaint being made and the relief being sought.  A copy of the initial complaint made before the unit complained about shall be attached to the appeal.  The Appeals Council shall promptly notify in writing the unit complained of that the appeal has been taken and shall attach to such notification a copy of all papers mentioned in this section.  The unit complained of shall have the right to answer in writing the charges made against it, and the Appeals Council shall take no action on said complaint until more than ten days after the serving of notice of said appeal of the unit complained of.  The Appeals Council shall take no action against the unit complained of without first having a hearing unless said unit shall fail to answer in writing within the time aforementioned.

6.  The Appeals Council shall be empowered to dismiss the appeal with or without a hearing.  All decisions of the Appeals Council for the purpose of investigating or taking evidence on the charges presented shall be rendered only after the giving of reasonable notice to the parties.  At least ten days prior to any such hearing the Committee shall furnish all parties with a written set of procedural rules for the conduct of the hearing, the failure of which to do so shall render void any and all actions of the Appeals Council until written procedural rules are furnished to all interested parties.  The Appeals Council shall not take any action against the unit complained of without a hearing if such unit within ten days of being notified of the appeal shall request a hearing.

7.  The Appeals Council may fashion whatever relief it deems appropriate including the removal of any member from office or ordering new elections at any level.

8.  The decision of the Appeals Council shall be final unless appealed in writing to the full State Executive Committee within ten days of receipt of the Appeals Council decision.  An appeal to the full State Executive Committee shall be perfected by mailing to the co-chairpersons and co-secretaries a copy of the appeal request, decision of the Appeals Council and appeal request filed with the Appeals Council, and the decision of the Appeals Council shall be held in abeyance until the State Executive Committee renders final judgment on said appeal.

9.  The Administrative Committee shall designate the time and place for hearing the appeal and shall prescribe the procedure for the conduct of the review within sixty days after this document goes into effect.