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

Fri Aug 8 12:05:43 EDT 2014

I have responded to many of these points in the past, but one interests me.
Delegates in convention can overrule the JC, but need to vote to do so. You
cannot infer that they did so from their votes on, of all things, appeals
to decisions of the chair.
On Aug 8, 2014 9:33 AM, "Ron Windeler" <rowindeler at aol.com> wrote:

>   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
> 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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