Appeal Under HRP Bylaw §117
From: Tammy Ash Perkins, State Committee Member
To: State Chair, Hawai‘i Republican Party; Executive Committee;
Date: November 4, 2025
Subject: Appeal of Improper Actions at Special State Executive Committee Meeting
I. Introduction
Pursuant to Hawai‘i Republican Party (HRP) Bylaw §117, I hereby appeal the rulings and actions that occurred during the November 3, 2025 "Special" State Executive Committee Meeting.
The proceedings were conducted in violation of the HRP Bylaws, Robert’s Rules of Order Newly Revised (RONR), and the statutory obligations imposed by Hawai‘i Revised Statutes (HRS) Chapter 429 governing nonprofit associations.
These violations constitute serious breaches of procedural due process, fiduciary duty, and members’ rights to fair and lawful participation in party governance.
II. Grounds for Appeal
1. Improper and Unlawful Meeting
The Special State Executive Committee Meeting was convened without proper notice, violating RONR §§9:13–17 and §41, which require reasonable advance notice to all members and the distribution of a complete agenda.
Members of the Executive Committee received approximately one (1) hour notice of a meeting containing critical agenda items, including the appointment of a Treasurer, Vice Chair of Coalitions, and Rules Chair.
No formal notice of any resignations or vacancies was circulated to the entire Executive Committee, though such communications had been selectively distributed to only four members weeks prior.
Vice Chair Shirlene Ostrov, purporting to act as the presiding officer, refused to follow required procedures for notice and agenda approval, rendering the meeting procedurally defective and invalid under both HRP Bylaws and RONR.
2. Ultra Vires Acts and Abuse of Authority
The meeting acted on matters beyond its lawful authority, including receipt of a report from an illegitimate “Temporary Standing Discipline Committee.”
Under HRP Bylaws §§406–408 and RONR §50:14, only the State Convention—as the Party’s supreme governing authority—may establish or modify standing committees.
No record exists of the Convention authorizing such a “Temporary Standing Discipline Committee.”
Any actions, findings, or recommendations emanating from that body are therefore ultra vires, unlawful, and void ab initio.
Additionally, Vice Chair Shirlene Ostrov unlawfully appointed a Rules Chair following a resignation.
Under HRP Bylaw §416, only the duly elected State Chair possesses the authority to appoint standing committee chairs, subject to State Committee approval.
The Vice Chair’s unilateral appointment exceeded her authority and violated the separation of powers clearly set forth in the HRP Bylaws and RONR §47:5, which limits an acting officer’s powers to routine administrative duties—not major appointments.
This action further taints all subsequent actions taken by that improperly appointed Rules Chair and underscores the continuing pattern of procedural abuse.
3. Proposed Motion to Censure Tammy Ash Perkins
The proposed motion to censure Tammy Ash Perkins was procedurally and substantively defective.
Under RONR §61:3, members cannot be censured or disciplined for exercising their rights of debate, making motions, or calling for adherence to governing rules.
Further, RONR §61:9 and HRP Bylaw §107 require that any disciplinary action must be preceded by written notice, specific charges, and an opportunity for a fair hearing.
The motion lacked all such procedural safeguards, making it an act of retaliation rather than legitimate governance. It therefore constitutes a direct violation of due process, Party rules, and the principle of fairness.
4. Violation of Member Rights and Fiduciary Duties
Retaliatory actions, including the attempted censure, constitute oppressive conduct under HRS §429-13, which guarantees the right of every member to participate fairly and without discrimination in the governance of an unincorporated nonprofit association. Such conduct also breaches the fiduciary duties of care and loyalty owed by Party officers to the membership.
By retaliating against a duly elected officer for seeking compliance with governing documents, the leadership acted contrary to both law and ethics, undermining the integrity of the Hawai‘i Republican Party.
III. Relief Requested
Accordingly, I respectfully request that the State Committee:
Declare the proposed censure and warnings against Tammy Ash Perkins null and void due to procedural and substantive defects;
Void all actions taken at the November 3, 2025 Special State Executive Committee Meeting for lack of proper notice and authority under RONR;
Declare the so-called “Temporary Standing Discipline Committee” and its report null and void;
Declare that the appointment of a Rules Chair by Vice Chair Shirlene Ostrov was unlawful and without effect, reaffirming that only the State Chair may appoint standing committee chairs per HRP Bylaw §416;
Enter into the official minutes that any retaliatory or oppressive actions against members for enforcing the Bylaws are prohibited under HRP §107 and RONR §63.
IV. Notice of Escalation and Consequences for Non-Compliance
Failure by the State Executive Committee to take immediate corrective action in response to this appeal will compel further escalation.
Continued noncompliance with the HRP Bylaws, RONR, and HRS Chapter 429 constitutes an ongoing deprivation of member rights and fiduciary duties under Hawai‘i law.
Accordingly, I am pursuing judicial relief, including a Temporary Restraining Order (TRO) and Preliminary Injunction under HRCP Rule 65, to restrain HRP and its officers from:
Enforcing unlawful or retaliatory actions,
Operating under illegally constituted committees, and
Engaging in any further conduct that suppresses or discriminates against members acting in good faith to uphold the Party’s rules and principles.
These remedies are necessary to protect both the integrity of the Hawai‘i Republican Party and the rights of its members.
V. Certification
I certify that the facts stated herein are true and correct to the best of my knowledge and belief.
Respectfully submitted,
Tammy Ash Perkins
Chair, Maui County Republican Party
State Committee Member | Maui Rules Chair | Maui IPPRC Representative
📧 chair@mauicountygop.com