[Lnc-business] EMAIL BALLOT 191229-1: Appeal from Ruling of the Chair

[francis.wendt at lp.org]

A counterpoint if you will,

 

Although Robert’s allows deliberative bodies to punish their members, sustaining members are not members of the LNC. Thus, the deliberative body that is afforded the right of punishment and expulsion is the body of delegates at convention. Our Bylaws do have a mechanism for how LNC members are removed, but not how members are removed. Should the delegates chose to adopt such rules, even during convention, it is the duty of this body to uphold them.

 

Best Regards,

 

 

Francis Wendt

LNC Region 1 Alternate

406.595.5111

 

 

 

From: Lnc-business <lnc-business-bounces at hq.lp.org> On Behalf Of john.phillips--- via Lnc-business
Sent: Sunday, December 29, 2019 8:18 AM
To: lnc-business at hq.lp.org
Cc: john.phillips at lp.org; Caryn Ann Harlos <carynannharlos at gmail.com>
Subject: Re: [Lnc-business] EMAIL BALLOT 191229-1: Appeal from Ruling of the Chair

 

I vote no.

 

Reasoning on the underlying motion aside, Mr Scheetz' summation of the interaction between Roberts and Bylaws covers why I believe the chair to be incorrect.  Which I will post below.

 

I urge all to vote no on the ruling of the chair even if you will turn around and vote against the underlying motion.

 

The notion that the board cannot do anything is absurd.  Whether we should or not is the subject of the underlying motion and should be left for that discussion.

 

Whether this matter should have come before us is a moot point now.  The fact is that it did, and our duty and responsibility to the party requires us to respond. Mr Sarwark' s ruling, his comments, and his actions seek to prevent us from fulfilling our responsibilities and duty our constituents and party.  This is not something any of us should accept, AGAIN even if you will vote no against the underlying motion.

 

Support what our bylaws, including there direct referral to Robert's actually say, and vote no on the appeal.

 

"The Libertarian Party does have requirements to become a member. Most importantly:

• ARTICLE 4: MEMBERSHIP
1. Members of the Party shall be those persons who have certified in writing that they oppose the initiation of force to achieve political or social goals.

Regardless of anyone’s opinion, this person is in prison for violating the individual rights of several people, and that is clearly a violation of the certification. Until acquitted / found innocent, or until this person has served time and offered something to the people whose rights he violated, this is a fact and must be taken into consideration.

The Chair is correct in stating that our Bylaws does not give the authority to remove membership, in fact our Bylaws say nothing about disciplining members at all. However, what our Bylaws DO say:

• ARTICLE 16: PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order, Newly Revised shall govern the Party in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order adopted by the Party.

In short, since there is nothing suggesting anything regarding disciplining members, the LNC does have the authority to consult Roberts Rules on the matter since it does cover disciplinary actions by a body:

• Art. XIII. Legal Rights of Assemblies and Trial of Their Members.

72. The Right of a Deliberative Assembly to Punish its Members. A deliberative assembly has the inherent right to make and enforce its own laws and punish an offender, the extreme penalty, however, being expulsion from its own body. When expelled, if the assembly is a permanent society, it has the right, for its own protection

The Libertarian Party has the right for its own protection, and as such, we have the right to freely disassociate with individuals whose intentions are unclear given their actions. I strongly urge the LNC to send the money back to this particular individual, but invite him to become a member once he has been found innocent, or once restitution has been made."

 

 

John Phillips
Libertarian National Committee Region 6 Representative
Cell 217-412-5973