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

Caryn Ann Harlos carynannharlos at gmail.com
Sat Sep 17 11:40:42 EDT 2016 

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
<http://www.lpcolorado.org/>
Colorado State Coordinator, Libertarian Party Radical Caucus
<http://www.lpradicalcaucus.org/>


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
> <http://www.lpcolorado.org/>
> Colorado State Coordinator, Libertarian Party Radical Caucus
> <http://www.lpradicalcaucus.org/>
>
> 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
>> <http://www.lpcolorado.org/>
>> Colorado State Coordinator, Libertarian Party Radical Caucus
>> <http://www.lpradicalcaucus.org/>
>>
>>
>> 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
>>>> <http://www.lpcolorado.org/>
>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>> <http://www.lpradicalcaucus.org/>
>>>>
>>>> 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
>>>>>> <http://www.lpcolorado.org/>
>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>> <http://www.lpradicalcaucus.org/>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> 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
>>>>>>> <http://www.lpcolorado.org/>
>>>>>>> Colorado State Coordinator, Libertarian Party Radical Caucus
>>>>>>> <http://www.lpradicalcaucus.org/>
>>>>>>>
>>>>>>>
>>>>>>> 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 <Caryn.Ann.Harlos at LP.org>
> Communications Director, Libertarian Party of Colorado
> <http://www.lpcolorado.org>
> Colorado State Coordinator, Libertarian Party Radical Caucus
> <http://www.lpradicalcaucus.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 <Caryn.Ann.Harlos at LP.org>
Communications Director, Libertarian Party of Colorado
<http://www.lpcolorado.org>
Colorado State Coordinator, Libertarian Party Radical Caucus
<http://www.lpradicalcaucus.org>
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