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

Fri Aug 8 09:33:30 EDT 2014

I told you so.  Passing either motion would not appease Mr. Wagner.  I admire the man's amazing talent for turning people against him every time he opens his mouth.  But this time, he shot himself in the foot with a nuclear weapon.  His opening statement clearly and unambiguously declares that his rogue organization is not affiliated with us.
"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,"
    Why are we still listening to this megalomaniac?  He has no respect for us.  He lies while calling us liars.  He even insults those among us who champion his cause.  He has deliberately violated the bylaws of the LPO and defrauded Oregon by making false statements to their officials.  He gloats publically that he was able to hijack the LPO because of badly written and incorrectly applied Oregon statutes.  He has drastically reduced the effective membership of the LPO.  He is now endangering his 56 candidates (some who may not be legitimate) by deliberately antagonizing the Republican Party of Oregon.  He is acting like the posterchild of our opponents who want people to believe that all libertarians are wackos.
    The Reeves group recognizes and admits their contractual obligations as our affiliate.  We have never disaffiliated with them.  They were elected by delegates to a properly run convention that achieved a quorum and followed the bylaws . The judicial committee also properly elected at that same convention, confirmed that the Wagner group's terms expired at the adjournment of the 2011 convention, and that they had formed a new organization not in compliance with the LPO bylaws.  Still, they are working to get as many of Wagner's candidates as possible plus many more properly nominated at their upcoming (August 17th) nominating convention.  (8/26 is the filing deadline)
    It appears that most of us are still reluctantly dealing with Mr. Wagner because, by fraud, he does have control of ballot access.  That is why the current motion focusses on correcting that issue.
    But some of us apparently can't get past the flawed decision of our Judicial Committee.  So let's examine that for a moment.  The proposed motion states that it is "inoperable", meaning that it can't be carried out under the real conditions that exist.
    I think that a more important consideration is that it is mute, because it has been replaced by at least three subsequent motions by the LNC, decisions of the Oregon Judicial Committee, and most importantly, by two votes of the convention delegates. (none of which have been appealed to the JC)
    But let's go back to the JC decision anyway.  It is inoperable for several reasons:
1.  Mr. Wagner had no standing before the JC.  His group has never been affiliated with us, so he couldn't rightfully claim that our action had disaffiliated them.  
2.  The JC had no jurisdiction in the matter actually before them.  They are prohibited by our bylaws from adjudicating disputes about which group is recognized.
3.  The opinion of the JC was just that, an opinion.   They didn't issue any orders to enforce their opinion. 
4.  Their opinion was mostly false and only partially true.  The group that has ballot access is the one recognized by the Secretary of State.  The group that follows the bylaws, fulfills their commitments under the affiliation agreement, and is recognized by the delegates in convention is the one that is affiliated with us.
5.  Everyone tried to carry out that decision as if it had been ordered, but were unable to do so.  The SOS refused to decide the issue and sent the LPO to the courts, where a judge refused to decide the issue and instructed them to settle it internally.  When their JC settled it, the SOS refused to change.  But they did indicate that they would accept an unambiguous statement from the LNC.  That is what we are attempting to accomplish with the proposed motion.

Ron Windeler
rowindeler at aol.com

-----Original Message-----
From: Alicia Mattson <agmattson at gmail.com>
To: lnc-business <lnc-business at lp.org>
Sent: Thu, Aug 7, 2014 12:11 am
Subject: [Lnc-business] Fwd: [Statechairs] Resolution of Censure and Referral of Action against the National Libertarian Party

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
LibertarianParty of Oregon
Boardof Directors Meeting, Beaverton, Oregon
August5, 2014

SUBJECT: 2014 Libertarian Party National Convention

WHEREAS the Libertarian Party of Oregon,founded under Oregon law prior to the founding of the National LibertarianParty, is an independent organization neither subordinate nor bound by anycontract to the National Libertarian Party,
WHEREAS at the 2014 Libertarian Party NationalConvention, the delegation from the Libertarian Party of Oregon was modified bythe convention without the consent, and over the objection, of this stateaffiliate,
WHEREAS the National Libertarian Party bylawsrequire that “[e]ach state-level affiliate party shall, in accordance with itsown Bylaws and these Bylaws, determine who shall be its delegates to allRegular Conventions” (NLP bylaws §6(3)),
WHEREAS the National Libertarian Party bylawsrequire that “... delegates to a Regular Convention shall be selected by amethod adopted by each affiliate party” (NLP bylaws §11(3)(b)),
WHEREAS the Libertarian Party of Oregon bylawsmake it a duty of the board of directors to appoint delegates (LPO bylaws §5(3)),
WHEREAS the board of directors adopted thefollowing delegate appointment rule: “to accept applicants in the order theywere received, with later applicants being placed in alternate slots”, (LPO Boardmeeting, January 15, 2014),
WHEREAS the Libertarian Party of Oregonsolicited delegates via a sign-up form in our 2014 primary electionannouncement letter, mailed to every person registered to vote as a Libertarianin Oregon,
WHEREAS the Libertarian Party of Oregon also soliciteddelegates via a sign-up form in our 2014 primary ballot materials, mailed toevery person registered to vote as a Libertarian in Oregon,
WHEREAS the Libertarian Party of Oregon also soliciteddelegates via announcements on our website and other social media,
WHEREAS the National Libertarian Party bylawsdirect that “[a] list of the names and addresses of all delegates andalternates chosen by each affiliate party shall be sent to theCredentials Committee” and that “[a]mendments to such lists may be made bythe affiliate parties and submitted to the Credentials Committee” (NLPbylaws §11(5)(c), emphasis added),
WHEREAS there is no suggestion anywhere in theNational Libertarian Party bylaws that any body other than the state affiliateparty is ever granted the authority to determine its delegation,
WHEREAS the procedure used to modify theLibertarian Party of Oregon's delegation – amending the Credentials Committeereport – is not permitted by the National Libertarian Party bylaws,
WHEREAS the exclusive means to modify adelegation during the Convention is provided by §11(5)(e) of the NationalLibertarian Party bylaws,
WHEREAS the purpose of the §11(5)(e) provisionis to enable the state affiliate to submit additional members of itsdelegation to the Credentials Committee during the convention,
WHEREAS the fact that §11(5)(e) is silentregarding who may make submissions to the Credentials Committee is notan implicit grant of authority for any other body to make submissions on the stateaffiliate party's behalf, or over its objection,
WHEREAS even if others could make submissions, theapplication of §11(5)(e) requires a seven-eighths vote, which was not obtained,
WHEREAS “[m]otions that conflict with thecorporate charter, constitution, or bylaws of a society … are out of order, andif any motion of this kind is adopted, it is null and void” (RONR (11thed.), p. 343, ll. 14-17),
WHEREAS the convention did not act to modify orsuspend the National Libertarian Party bylaws in the course of modifying theLibertarian Party of Oregon's delegation,
WHEREAS the Libertarian National Committee,aware of these facts, has failed to apologize to the Libertarian Party of Oregonfor violating the autonomy guaranteed to it under the National LibertarianParty bylaws §6(5), invoking either an erroneous reading of §11(5)(e) orerroneously believing that its parliamentary authority binds it to defendactions of the convention even when they are void,
AND WHEREAS the Libertarian Party of Oregon, asone of the founding affiliates of the National Libertarian Party, is hurt andsaddened by the National Libertarian Party's failure to adhere to its ownbylaws and by its apparent disrespect of this state affiliate party; now,therefore be it
RESOLVED, that the Libertarian Party ofOregon repudiates the modification of its convention delegation and CENSURESthe National Libertarian Party for that act.
RESOLVED, that the Libertarian Party of Oregoninvites other Libertarian state parties to join in this censure to support us, todefend the integrity of their future convention delegations, and to defendtheir own autonomy,
RESOLVED, that the topic of the LibertarianParty of Oregon's relationship with the National Libertarian Party shall beplaced on the agenda of our next state convention by our Convention Committee.
RESOLVED, that the long history of theNational Libertarian Party's unacceptable conduct toward the Libertarian Partyof Oregon will be discussed at our convention, with consequences as may bechosen by our members.
RESOLVED, that the Libertarian Party ofOregon will welcome a representative or a statement from the NationalLibertarian Party at our convention concerning this matter.

-- 
Wes Wagner

Chairperson, Libertarian Party of Oregon

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