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

Daniel Hayes danielehayes at icloud.com
Tue Sep 20 01:01:04 EDT 2016


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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