[Lnc-business] Potential conflicts of ineterest

[John Jay Myers]

I own The Free Man Cajun Cafe, however, I also own ClearSky24.com which is
a wholesaler for Screen Printed Tee Shirts, embroidered shirts and hats
etc.
LP affiliates including the LP have used ClearSky24.com in the past to
purchase shirts.

We have always given them the lowest price, with the highest quality and
turn around times. It is a very reliable company, which is important in
this business.

I do not, and have not ever expected that the LP or any affiliate give us
their business because I am a member or even because we "share like minded
politics", only because we truly have low costs, with reliable service.

JJ





On Sat, Jun 30, 2012 at 2:08 PM, David E. Blau, Esq. <blau.liberty at gmail.com
> wrote:

>  As I reported to the previous LNC, I have a potential conflict of
> interest in that I am Chairman of the Massachusetts affiliate.
>
> I am also an attorney, and I am ethically bound to not offer legal advice
> to non-clients.  I am not the LNC's lawyer; legal questions should be
> directed to our lawyer.
>
>  ------------------------------
>
> *David E. Blau, Esq.*
> Chairman, Libertarian Association of Massachusetts. chair at lpmass.org
> Region 5N Alternate, Libertarian National Committee. David.Blau at lp.org
> www.lpmass.org | www.lp.org
> 617.396.4253
>
>  On 6/30/2012 2:22 PM, Geoffrey Neale wrote:
>
>  This is an ill-defined section of our Policy Manual.  The Bylaws do not
> specify conflicts of interest at all.  Neither does the Platform.****
>
> ** **
>
> So why is it in the Policy Manual?  The authority for us to set rules that
> constrain the LNC is contained in the Bylaws under Section 8.1:****
>
> ** **
>
> “The National Committee shall have control and management of all the
> affairs, properties and funds of the Party consistent with these Bylaws.
> The Libertarian National Committee shall establish and oversee an
> organizational structure to implement the purposes of the Party as stated
> in Article 3. The National Committee shall adopt rules of procedure for the
> conduct of its meetings and the carrying out of its duties and
> responsibilities. The National Committee may delegate its authority in any
> manner it deems necessary.”****
>
> ** **
>
> It is important for us as a body to avoid the appearance of impropriety.
> When it comes to conflict of interest, we are expected to act on behalf of
> the best interests of the LP, and to not act in a way that benefits us
> personally, or benefits the interests of outside groups, organizations or
> business at the expense of LP interests.****
>
> ** **
>
> In order to avoid the appearance of impropriety in this regard, I feel we
> should each disclose any relationship that could be questionable, even if
> the individual actions related to the potential conflict of interest are
> not.  In my opinion, this means that if you are an officer or board member
> of an affiliate party, or are an officer or a board member of another
> organization with an ongoing relationship with the LP, or are a vendor, or
> are married to someone with a similar relationship, or receive income or
> benefit from any of the above, the potential conflict of interest should be
> reported.****
>
> ** **
>
> This does not mean that you do have a conflict of interest.  I know for a
> fact that HQ purchases items from a company owned by an LNC member, but
> that the purchases are at “arms-length”, and the LNC has not, to date,
> discussed or voted on these specific expenditures.  These are made by
> staff, who have selected to use this vendor through a competitive process
> where the member played no part.  For this member to vote on a budget line
> from which the purchases are made does not represent a conflict of
> interest, but it should be reported.****
>
> ** **
>
> If you sit on the board of Advocates for Self-Government, and staff
> routinely purchases items from them, that does not represent a conflict of
> interest, but you should report this as a potential conflict of interest.
> If we vote directly to purchase $10K of material, I suggest you recuse
> yourself from debate and voting.****
>
> ** **
>
> If we vote to budget $300K for ballot access, and your state might receive
> some of these funds, I do not believe you have a conflict of interest.  Now
> let’s suppose Bill Redpath proposes an encumbrance of $20K for your state,
> and you’re the state chair.  This is a conflict of interest, and I would
> expect you to recuse yourself from debate and voting on the motion.****
>
> ** **
>
> In absence of any real guidance in the Policy Manual, I’m setting out what
> I think.  In the absence of real guidance, I will have to rule on instances
> like this.  Please feel free to challenge me if and when it comes up. ****
>
> ** **
>
> Remember that it’s all about managing the appearance of impropriety.****
>
> ** **
>
> Geoffrey Neale****
>
>
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>
>
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