[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 15:39:01 EDT 2016 

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


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
> <javascript:_e(%7B%7D,'cvml','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
> <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
> <javascript:_e(%7B%7D,'cvml','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
>> <javascript:_e(%7B%7D,'cvml','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 <javascript:_e(%7B%7D,'cvml','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 <javascript:_e(%7B%7D,'cvml','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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> Lnc-business at hq.lp.org
> <javascript:_e(%7B%7D,'cvml','Lnc-business at hq.lp.org');>
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>
>

-- 
*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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