[Lnc-business] Fwd: [Statechairs] Resolution of Censure and Referral of Action against the National Libertarian Party

[Alicia Mattson]

I'm just forwarding Wes Wagner's message from the State Chairs' email list.

-Alicia


---------- Forwarded message ----------
From: Wes Wagner <wes.wagner at gmail.com>
Date: Wed, Aug 6, 2014 at 7:39 AM
Subject: [Statechairs] Resolution of Censure and Referral of Action against
the National Libertarian Party
To: State Chairs Group <statechairs at hq.lp.org>


Please be advised that the Libertarian Party of Oregon passed unanimously
at our board meeting last night (8/5/2014) the following resolution. It
should be also well advised that the past transgressions that gave rise to
this situation, most of which were even more egregious, shall be taken into
account when we take final resolution of this dispute at our convention.


RESOLUTION

Libertarian Party of Oregon

Board of Directors Meeting, Beaverton, Oregon

August 5, 2014



SUBJECT:  2014 Libertarian Party National Convention



WHEREAS the Libertarian Party of Oregon, founded under Oregon law prior to
the founding of the National Libertarian Party, is an independent
organization neither subordinate nor bound by any contract to the National
Libertarian Party,

WHEREAS at the 2014 Libertarian Party National Convention, the delegation
from the Libertarian Party of Oregon was modified by the convention without
the consent, and over the objection, of this state affiliate,

WHEREAS the National Libertarian Party bylaws require that “[e]ach
state-level affiliate party shall, in accordance with its own Bylaws and
these Bylaws, determine who shall be its delegates to all Regular
Conventions” (NLP bylaws §6(3)),

WHEREAS the National Libertarian Party bylaws require that “... delegates
to a Regular Convention shall be selected by a method adopted by each
affiliate party” (NLP bylaws §11(3)(b)),

WHEREAS the Libertarian Party of Oregon bylaws make it a duty of the board
of directors to appoint delegates (LPO bylaws §5(3)),

WHEREAS the board of directors adopted the following delegate appointment
rule: “to accept applicants in the order they were received, with later
applicants being placed in alternate slots”, (LPO Board meeting, January
15, 2014),

WHEREAS the Libertarian Party of Oregon solicited delegates via a sign-up
form in our 2014 primary election announcement letter, mailed to every
person registered to vote as a Libertarian in Oregon,

WHEREAS the Libertarian Party of Oregon also solicited delegates via a
sign-up form in our 2014 primary ballot materials, mailed to every person
registered to vote as a Libertarian in Oregon,

WHEREAS the Libertarian Party of Oregon also solicited delegates via
announcements on our website and other social media,

WHEREAS the National Libertarian Party bylaws direct that “[a] list of the
names and addresses of all delegates and alternates *chosen by each
affiliate party* shall be sent to the Credentials Committee” and that
“[a]mendments to such lists may be made *by the affiliate parties* and
submitted to the Credentials Committee” (NLP bylaws §11(5)(c), emphasis
added),

WHEREAS there is no suggestion anywhere in the National Libertarian Party
bylaws that any body other than the state affiliate party is ever granted
the authority to determine its delegation,

WHEREAS the procedure used to modify the Libertarian Party of Oregon's
delegation – amending the Credentials Committee report – is not permitted
by the National Libertarian Party bylaws,

WHEREAS the *exclusive* means to modify a delegation during the Convention
is provided by §11(5)(e) of the National Libertarian Party bylaws,

WHEREAS the purpose of the §11(5)(e) provision is to enable *the state
affiliate* to submit additional members of its delegation to the
Credentials Committee during the convention,

WHEREAS the fact that §11(5)(e) is silent regarding *who* may make
submissions to the Credentials Committee is *not* an implicit grant of
authority for any other body to make submissions on the state affiliate
party's behalf, or over its objection,

WHEREAS even if others could make submissions, the application of §11(5)(e)
requires a seven-eighths vote, which was not obtained,

WHEREAS “[m]otions that conflict with the corporate charter, constitution,
or bylaws of a society … are out of order, and if any motion of this kind
is adopted, it is null and void” (RONR (11th ed.), p. 343, ll. 14-17),

WHEREAS the convention did not act to modify or suspend the National
Libertarian Party bylaws in the course of modifying the Libertarian Party
of Oregon's delegation,

WHEREAS the Libertarian National Committee, aware of these facts, has
failed to apologize to the Libertarian Party of Oregon for violating the
autonomy guaranteed to it under the National Libertarian Party bylaws
§6(5), invoking either an erroneous reading of §11(5)(e) or erroneously
believing that its parliamentary authority binds it to defend actions of
the convention even when they are void,

AND WHEREAS the Libertarian Party of Oregon, as one of the founding
affiliates of the National Libertarian Party, is hurt and saddened by the
National Libertarian Party's failure to adhere to its own bylaws and by its
apparent disrespect of this state affiliate party; now, therefore be it

*RESOLVED, that the Libertarian Party of Oregon repudiates the modification
of its convention delegation and CENSURES the National Libertarian Party
for that act.*

*RESOLVED, that the Libertarian Party of Oregon invites other Libertarian
state parties to join in this censure to support us, to defend the
integrity of their future convention delegations, and to defend their own
autonomy,*

*RESOLVED, that the topic of the Libertarian Party of Oregon's relationship
with the National Libertarian Party shall be placed on the agenda of our
next state convention by our Convention Committee.*

*RESOLVED, that the long history of the National Libertarian Party's
unacceptable conduct toward the Libertarian Party of Oregon will be
discussed at our convention, with consequences as may be chosen by our
members.*

*RESOLVED, that the Libertarian Party of Oregon will welcome a
representative or a statement from the National Libertarian Party at our
convention concerning this matter.*


-- 
Wes Wagner
Chairperson, Libertarian Party of Oregon

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