[Lnc-business] MOTION Re: National Party Agreement and Joint Fundraising Agreement were signed by me today

Nicholas Sarwark chair at lp.org
Tue Sep 20 10:13:35 EDT 2016


This reading:
"Mr. Goldstein directed me to a particular provision that I believe
requires the LNC to keep the terms of the contract confidential.

I don't believe that precludes us from putting the same or similar
provisions in a sample contract for future campaigns, but it may make
it so that we are not able to disclose the exact terms of this
contract even after the election."

It does require and it does survive after the election.

-Nick


On Mon, Sep 19, 2016 at 10:01 PM, Daniel Hayes <danielehayes at icloud.com> wrote:
> Which reading below?
>
> Daniel Hayes
> LNC At Large Member
>
> Sent from my iPhone
>
>> On Sep 19, 2016, at 8:16 PM, Nicholas Sarwark <nsarwark at gmail.com> wrote:
>>
>> After discussing it with Mr. Hall, my reading below is correct.
>>
>> -Nick
>>
>>> On Sat, Sep 17, 2016 at 12:48 PM, Nicholas Sarwark <nsarwark at gmail.com> wrote:
>>> Mr. Goldstein directed me to a particular provision that I believe requires
>>> the LNC to keep the terms of the contract confidential.
>>>
>>> I don't believe that precludes us from putting the same or similar
>>> provisions in a sample contract for future campaigns, but it may make it so
>>> that we are not able to disclose the exact terms of this contract even after
>>> the election.
>>>
>>> I've asked Mr. Hall to double-check that language.
>>>
>>> -Nick
>>>
>>> On Sep 17, 2016, at 12:39 PM, Caryn Ann Harlos <carynannharlos at gmail.com>
>>> wrote:
>>>
>>> That goes beyond the authority granted in Orlando and should be a decision
>>> of the entire LNC in executive session.
>>>
>>>
>>> --
>>> In Liberty,
>>> Caryn Ann Harlos
>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>> Harlos at LP.org
>>> Communications Director, Libertarian Party of Colorado
>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>
>>>
>>>> On Saturday, September 17, 2016, Nicholas J. Sarwark <chair at lp.org> wrote:
>>>>
>>>> The LNC keeping it confidential is not a provision of the contract.  It is
>>>> my choice based on the advice of our attorney.
>>>>
>>>> Please feel free to act accordingly.
>>>>
>>>> -Nick
>>>>
>>>> On Sep 17, 2016, at 8:40 AM, Caryn Ann Harlos <carynannharlos at gmail.com>
>>>> wrote:
>>>>
>>>> Everyone and Mr. Chair:
>>>>
>>>> I think this question needs to be answered before anyone can meaningfully
>>>> sign this NDA.
>>>>
>>>> Was secrecy until Inauguration Day part of the contract?  If so, I will
>>>> sign. We gave the Chair authority to negotiate the contract, and binding the
>>>> LNC to secrecy is arguably something he could do, though I am willing to
>>>> hear arguments to the contrary.
>>>>
>>>> If secrecy was NOT part of this contract, I do not believe there is
>>>> authority for the Chair to, without a vote of the LNC, force us to keep this
>>>> secret.
>>>>
>>>> I need an answer to this question, even if the answer is "I'm not going to
>>>> tell you" before I can make a meaningful decision on this NDA.
>>>>
>>>> --
>>>> In Liberty,
>>>> Caryn Ann Harlos
>>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>>> Harlos at LP.org
>>>> Communications Director, Libertarian Party of Colorado
>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>
>>>>
>>>> On Sat, Sep 17, 2016 at 7:44 AM, Caryn Ann Harlos
>>>> <carynannharlos at gmail.com> wrote:
>>>>>
>>>>> Starchild, I co-sponsor your motion.
>>>>>
>>>>> You articulated well misgivings I have in this whole thing.  I *never*
>>>>> agreed at that Orlando meeting that this contract would be secret after
>>>>> signing.  That was *not* part of the vote.  I feel completely hoodwinked by
>>>>> this and feel it is completely unilateral and improper.
>>>>>
>>>>> Now perhaps this secrecy was part of the contract - *I have to pass it to
>>>>> see what is in it apparently.* Ironic.
>>>>>
>>>>> I am still deciding whether to sign and any modifications I will make to
>>>>> this adhesion contract.  But it is under objection and protest.
>>>>>
>>>>> I had no issue agreeing to keep confidential until signed.  I believe
>>>>> that was part of our Orlando vote.  I do not believe this further condition
>>>>> was part of our vote - and if it was part of the negotiations - well bad on
>>>>> us for ceding that power.
>>>>>
>>>>> I will not make such a mistake again.
>>>>>
>>>>> As is my practice - I will confer with members of my region about this
>>>>> matter and whether I should sign or stick to my guns. I likely will sign
>>>>> because without signing I don't even know what my guns are.  How very old
>>>>> party of us.
>>>>>
>>>>> --
>>>>> In Liberty,
>>>>> Caryn Ann Harlos
>>>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>>>> Harlos at LP.org
>>>>> Communications Director, Libertarian Party of Colorado
>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>
>>>>> On Saturday, September 17, 2016, Starchild <sfdreamer at earthlink.net>
>>>>> wrote:
>>>>>>
>>>>>> Caryn, I share your concerns, and – Sam is correct – I have refused to
>>>>>> sign any blanket non-disclosure agreement. The Bylaws setting forth our job
>>>>>> descriptions do not contain any such requirement, and that being the case, I
>>>>>> believe information relevant to doing our jobs must be made available to us
>>>>>> without any further conditions except those which the LNC may vote to impose
>>>>>> upon itself in accord with Article 7, Section 1:
>>>>>>
>>>>>> "The National Committee shall adopt rules of procedure for the conduct
>>>>>> of its meetings and the carrying out of its duties and responsibilities."
>>>>>>
>>>>>> Nick wrote,
>>>>>>
>>>>>>>>>>>>> As members of the LNC, you are entitled to review the agreements
>>>>>>>>>>>>> if
>>>>>>>>>>>>> you will agree to keep them confidential.
>>>>>>
>>>>>>
>>>>>> That statement doesn't say anything about being required to sign a
>>>>>> blanket NDA covering our entire tenure on the LNC, and I hope Nick meant no
>>>>>> more than what he said. I think we have every right as representatives to
>>>>>> view documents that the LNC has voted to keep secret if we agree to keep
>>>>>> them confidential on a case-by-case basis, rather than put our signatures to
>>>>>> some all-encompassing legal gobbledy-gook that even a paralegal like
>>>>>> yourself can't readily understand.
>>>>>>
>>>>>> In this case however, the LNC has not yet voted to keep the contract
>>>>>> with the Johnson campaign secret. If it is deemed necessary to keep an
>>>>>> official party document secret, I believe that decision should be made by
>>>>>> the LNC as a whole. I don't think we want documents being essentially marked
>>>>>> as "classified" by any one member of the committee, even the chair, without
>>>>>> the consent of the body.
>>>>>>
>>>>>> What it comes down to is this:  Transparency and openness should always
>>>>>> be the default. When secrecy is desired, it should require a vote. That is
>>>>>> our practice when going into a secret meeting, and I believe it should be
>>>>>> our practice in other cases as well. With this principle in mind, I make the
>>>>>> following motion, for which I seek co-sponsors:
>>>>>>
>>>>>>
>>>>>> -------------------------------------------------------------------------------------------------------
>>>>>> Moved, that the National Party Agreement and Joint Fundraising Agreement
>>>>>> documents signed by the LNC chair with the Johnson campaign not be disclosed
>>>>>> beyond members of the LNC and staff who have agreed to this confidentiality
>>>>>> until January 21, 2017, at which time the documents will become public
>>>>>> unless the LNC votes prior to that date to extend the term of secrecy for
>>>>>> some additional period of time.
>>>>>>
>>>>>> -------------------------------------------------------------------------------------------------------
>>>>>>
>>>>>> To be clear, I am making this motion only because I believe this matter
>>>>>> requires an LNC vote, not because I want this secrecy. While I am willing to
>>>>>> listen to arguments for why the documents should be kept secret until after
>>>>>> the campaign is over – the day after Inauguration Day is actually well past
>>>>>> when presidential campaigns are generally over, but I used Nick's referenced
>>>>>> date for the language of the motion – my own inclination is to vote against
>>>>>> my motion and allow the information to be shared immediately.
>>>>>>
>>>>>> As with all that we do as a party, we have an opportunity here to model
>>>>>> a better way of doing things and thereby set a positive example. I'd like to
>>>>>> see the contract, assuming one exists, between the Democratic Party and
>>>>>> Hillary Clinton, or the Republican Party and Donald Trump, wouldn't you?
>>>>>> Were such contracts routinely made public, I believe the result would be
>>>>>> politicians and party leaders being held more accountable. Why would we not
>>>>>> want to be part of the solution by making it more routine? Libertarians
>>>>>> seeking to advance freedom have every reason to welcome transparency and
>>>>>> accountability, but the same cannot be said for their corrupt and
>>>>>> power-hungry cartel-party rivals! A culture of transparency isn't just
>>>>>> better in terms of being more compatible with a free society – it gives us
>>>>>> as a party a competitive advantage over the establishment parties and their
>>>>>> back-room deal-making which cannot stand the light of day.
>>>>>>
>>>>>> Love & Liberty,
>>>>>>                                   ((( starchild )))
>>>>>> At-Large Representative, Libertarian National Committee
>>>>>>                                (415) 625-FREE
>>>>>>
>>>>>>
>>>>>> On Sep 16, 2016, at 9:18 PM, Caryn Ann Harlos wrote:
>>>>>>
>>>>>> Yes that one.  It does not say anywhere I could speak with you for
>>>>>> instance... and will there be a record of who signed it?  The levels of
>>>>>> security and destruction of documents are not specficied Can we discuss over
>>>>>> FB messenger?  There is no ending date.  It was sent to me with purpose
>>>>>> blank.
>>>>>>
>>>>>> I am not going to waste any further time arguing over it.  I will sign
>>>>>> it because I owe it to represent my Region - if it was just me affected I
>>>>>> would refuse.  I am noting my protest to this adhesion contract.
>>>>>>
>>>>>> --
>>>>>> In Liberty,
>>>>>> Caryn Ann Harlos
>>>>>> Region 1 Representative, Libertarian National Committee (Alaska,
>>>>>> Arizona, Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) -
>>>>>> Caryn.Ann. Harlos at LP.org
>>>>>> Communications Director, Libertarian Party of Colorado
>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>>
>>>>>>
>>>>>> On Fri, Sep 16, 2016 at 10:12 PM, Sam Goldstein
>>>>>> <goldsteinatlarge at gmail.com> wrote:
>>>>>>>
>>>>>>> This one?  What specifically?
>>>>>>>
>>>>>>>
>>>>>>> Sam
>>>>>>>
>>>>>>> Sam Goldstein
>>>>>>> Libertarian National Committee
>>>>>>> Member at Large
>>>>>>> 8925 N Meridian St, Ste 101
>>>>>>> Indianapolis IN 46260
>>>>>>> 317-850-0726 Phone
>>>>>>> 317-582-1773 Fax
>>>>>>>
>>>>>>> On Sat, Sep 17, 2016 at 12:05 AM, Caryn Ann Harlos
>>>>>>> <carynannharlos at gmail.com> wrote:
>>>>>>>>
>>>>>>>> Sam, I am a paralegal.  I don't take contracts lightly, and I have a
>>>>>>>> huge problem with this NDA.  It is NOT a standard NDA as far as I can see.
>>>>>>>> It doesn't say what you say.  I have signed a pretty basic NDA with LPCO.
>>>>>>>> This goes beyond that.
>>>>>>>>
>>>>>>>> --
>>>>>>>> In Liberty,
>>>>>>>> Caryn Ann Harlos
>>>>>>>> Region 1 Representative, Libertarian National Committee (Alaska,
>>>>>>>> Arizona, Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) -
>>>>>>>> Caryn.Ann. Harlos at LP.org
>>>>>>>> Communications Director, Libertarian Party of Colorado
>>>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>>>>
>>>>>>>> On Fri, Sep 16, 2016 at 10:01 PM, Sam Goldstein
>>>>>>>> <goldsteinatlarge at gmail.com> wrote:
>>>>>>>>>
>>>>>>>>> Caryn,
>>>>>>>>>
>>>>>>>>> I'm fairly sure all members of the LNC during my terms on the
>>>>>>>>> commitee have signed this agreement, excepting perhaps Starchild, and I
>>>>>>>>> don't think I ever heard of any problems or repercussions.  Pretty much just
>>>>>>>>> don't discuss with anyone who has not signed it or relay any item identified
>>>>>>>>> as Confidential so that a non-signed can access it.
>>>>>>>>>
>>>>>>>>> From my memory for the past 3 terms, the only items labeled as
>>>>>>>>> Confidential have been legal matters, part of the budget related to employee
>>>>>>>>> contracts, salaries and bonuses and sensitive parts of the annual audit.
>>>>>>>>>
>>>>>>>>> Feel free to contact me to discuss in more detail if you like.
>>>>>>>>>
>>>>>>>>> Live Free,
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Sam Goldstein
>>>>>>>>> Libertarian National Committee
>>>>>>>>> Member at Large
>>>>>>>>> 8925 N Meridian St, Ste 101
>>>>>>>>> Indianapolis IN 46260
>>>>>>>>> 317-850-0726 Phone
>>>>>>>>> 317-582-1773 Fax
>>>>>>>>>
>>>>>>>>> On Fri, Sep 16, 2016 at 11:41 PM, Caryn Ann Harlos
>>>>>>>>> <carynannharlos at gmail.com> wrote:
>>>>>>>>>>
>>>>>>>>>> I am a paralegal and am having issues understanding the obligations
>>>>>>>>>> of this NDA, it is completely unreasonable.
>>>>>>>>>>
>>>>>>>>>> So can we discuss with other LNC members?  Only ones who have
>>>>>>>>>> signed?  Will those who have signed be public knowledge?
>>>>>>>>>>
>>>>>>>>>> Precisely how secure does my computer need to be?  Do I need to put
>>>>>>>>>> a certain level of passwords?
>>>>>>>>>>
>>>>>>>>>> What level of destruction is required if I print it out and read?
>>>>>>>>>>
>>>>>>>>>> It was sent to me with "stated purpose" blank.  It has no ending
>>>>>>>>>> date.
>>>>>>>>>>
>>>>>>>>>> Seriously?
>>>>>>>>>>
>>>>>>>>>> --
>>>>>>>>>> In Liberty,
>>>>>>>>>> Caryn Ann Harlos
>>>>>>>>>> Region 1 Representative, Libertarian National Committee (Alaska,
>>>>>>>>>> Arizona, Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) -
>>>>>>>>>> Caryn.Ann. Harlos at LP.org
>>>>>>>>>> Communications Director, Libertarian Party of Colorado
>>>>>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> On Fri, Sep 16, 2016 at 9:17 PM, Caryn Ann Harlos
>>>>>>>>>> <carynannharlos at gmail.com> wrote:
>>>>>>>>>>>
>>>>>>>>>>> Well apparently we have to sign a multi-page NDA to even view it.
>>>>>>>>>>> I have given my word, and I have never broke confidentiality.  I would think
>>>>>>>>>>> we have a right as LNC members to see it without having to consult with an
>>>>>>>>>>> attorney.  Little did I know when I voted in Orlando.  Live and learn.
>>>>>>>>>>>
>>>>>>>>>>> --
>>>>>>>>>>> In Liberty,
>>>>>>>>>>> Caryn Ann Harlos
>>>>>>>>>>> Region 1 Representative, Libertarian National Committee (Alaska,
>>>>>>>>>>> Arizona, Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) -
>>>>>>>>>>> Caryn.Ann. Harlos at LP.org
>>>>>>>>>>> Communications Director, Libertarian Party of Colorado
>>>>>>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>>>>>>>
>>>>>>>>>>>
>>>>>>>>>>> On Fri, Sep 16, 2016 at 5:25 PM, Joshua Katz
>>>>>>>>>>> <planning4liberty at gmail.com> wrote:
>>>>>>>>>>>>
>>>>>>>>>>>> Mr. Chairman - thank you for your hard work and persistence on
>>>>>>>>>>>> this endeavor.  I am glad it has finally been concluded, and, although I
>>>>>>>>>>>> haven't yet sent my request, I have full confidence that you would not have
>>>>>>>>>>>> executed an agreement that was not in our interests.  Congratulations.
>>>>>>>>>>>>
>>>>>>>>>>>> I think that keeping it confidential until Inauguration Day is,
>>>>>>>>>>>> among other things, a very reasonably optimistic action.
>>>>>>>>>>>>
>>>>>>>>>>>> Joshua A. Katz
>>>>>>>>>>>> Westbrook CT Planning Commission (L in R seat)
>>>>>>>>>>>>
>>>>>>>>>>>> On Fri, Sep 16, 2016 at 6:15 PM, Nicholas Sarwark <chair at lp.org>
>>>>>>>>>>>> wrote:
>>>>>>>>>>>>>
>>>>>>>>>>>>> Dear All,
>>>>>>>>>>>>>
>>>>>>>>>>>>> We have agreed on a contract with the Johnson Campaign and a
>>>>>>>>>>>>> joint
>>>>>>>>>>>>> fundraising agreement.  My copies have been signed and the
>>>>>>>>>>>>> Governors
>>>>>>>>>>>>> will sign theirs shortly.
>>>>>>>>>>>>>
>>>>>>>>>>>>> On the advice of counsel, I will be keeping the agreements
>>>>>>>>>>>>> confidential until at least after inauguration day.
>>>>>>>>>>>>>
>>>>>>>>>>>>> As members of the LNC, you are entitled to review the agreements
>>>>>>>>>>>>> if
>>>>>>>>>>>>> you will agree to keep them confidential.  If you would like to
>>>>>>>>>>>>> do so,
>>>>>>>>>>>>> please email Robert Kraus with your request and he can send them
>>>>>>>>>>>>> to
>>>>>>>>>>>>> you.
>>>>>>>>>>>>>
>>>>>>>>>>>>> Yours in liberty,
>>>>>>>>>>>>> Nick
>>>>>>>>>>>>>
>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>> Lnc-business mailing list
>>>>>>>>>>>>> Lnc-business at hq.lp.org
>>>>>>>>>>>>> http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
>>>>>
>>>>>
>>>>> --
>>>>> In Liberty,
>>>>> Caryn Ann Harlos
>>>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>>>> Harlos at LP.org
>>>>> Communications Director, Libertarian Party of Colorado
>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>
>>>>
>>>>
>>>> --
>>>> In Liberty,
>>>> Caryn Ann Harlos
>>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>>> Harlos at LP.org
>>>> Communications Director, Libertarian Party of Colorado
>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> Lnc-business mailing list
>>>> Lnc-business at hq.lp.org
>>>> http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
>>>
>>>
>>>
>>> --
>>> In Liberty,
>>> Caryn Ann Harlos
>>> Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
>>> Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
>>> Harlos at LP.org
>>> Communications Director, Libertarian Party of Colorado
>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>
>>>
>>>
>>>
>>>
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>>
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