[Lnc-business] Ruling of the chair

[Caryn Ann Harlos]

Thank you Mr Sarwark, this is indeed a thorny issue and I feel your
discomfort as I have come to the same conclusion.

-Caryn Ann

On Mon, Dec 23, 2019 at 6:33 AM Nicholas Sarwark via Lnc-business <
lnc-business at hq.lp.org> wrote:

> Dear Mr. Phillips,
>
> There is not a ruling of the Chair without there being a question of
> whether a motion is in order. While my email message of a few days ago
> outlined my reading of the bylaws, there was no pending motion and thus no
> ruling that could be appealed or challenged.
>
> As has been discussed elsewhere, Federal committees are required to deposit
> or return contributions within 10 days of receipt. There is not enough time
> for there to be a motion resolved prior to the legal requirement to deposit
> the contribution or return it. My reading of the bylaws is that the person
> in question has met the requirements for sustaining membership that are
> written in the bylaws. There is no bylaws or policy manual provision that
> supports the Chair, the Board, or staff establishing a further requirement
> for membership (not having a particular criminal conviction and/or serving
> a prison sentence for that conviction) and refusing this person's
> contribution and signed certification for not meeting that further
> requirement.
>
> Given the legal requirements under Federal law, that I am not persuaded we
> have the authority to refuse the contribution as some LNC members have
> discussed, and that there is not enough time for a motion to direct me to
> act otherwise to be voted on and pass, I directed the Executive Director to
> process the contribution. Even though there was discussion and controversy,
> those things do not stop the legal timeline, and without a motion, there is
> nothing pending. If you believe this oversteps my authority as Chair,
> please let me know how you think it does so.
>
> The role of a presiding officer is a difficult one, as it requires that you
> treat all members (and prospective members) fairly and respect their
> rights, even if you find those people personally unpleasant or offensive.
> This is not the first time, nor will it be the last time, that I will stand
> up for the rights of Libertarian Party members who I may personally
> disagree with. All of us on this board have the same fiduciary duties to
> the membership and the bylaws, and we all must carefully consider what
> those duties require of us, but only the Chair is specifically empowered by
> our bylaws to direct staff members and the operations of Libertarian
> National Committee.
>
> Yours in liberty,
> Nick
>
>
>
>
> On Sun, Dec 22, 2019 at 11:19 PM john.phillips--- via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> > So I asked if something was a ruling of the chair, and expressed my
> desire
> > to challenge it if so.
> >
> > A question that was never answered, yet apparently it was a ruling of the
> > chair and our chair issued direction to the Executive Director based on
> it.
> >
> > "As per the instruction of the chair, I have processed the membership
> > application.
> > ---
> > Daniel Fishman
> > Executive Director
> > The Libertarian Party"
> >
> > While it is the chair's prerogative to make direction, is it appropriate
> > to do so during discussion on the topic, particularly after a board
> member
> > has expressed a desire to challenge such a ruling?
> >
> > A ruling based on a bylaw open to interpretation, that some board members
> > were interpreting in a different manner?
> >
> > I am beyond disgusted that such an action was taken.  I am particularly
> > disgusted that it was taken in what I consider at best an underhanded
> > manner, and possibly a procedural violation.
> >
> > I find it even more disturbing that such action was taken in a
> dictatorial
> > fashion in an organization designed to oppose exactly that sort of
> behavior.
> >
> > John Phillips
> > Libertarian National Committee Region 6 Representative
> > Cell 217-412-5973
> >
>
-- 

*In Liberty,*

* Personal Note:  I have what is commonly known as Asperger's Syndrome
(part of the autism spectrum).  This can affect inter-personal
communication skills in both personal and electronic arenas.  If anyone
found anything offensive or overly off-putting (or some other social faux
pas), please contact me privately and let me know. *