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

Mon Sep 19 21:16:35 EDT 2016

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
>
>
>
>
>
> _______________________________________________
> Lnc-business mailing list
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