[Lnc-business] game played with JWMarriott Austin contract

[Alicia Mattson]

Mr. Sarwark,

I have no doubt that if the LNC had decided to go ahead with the dates of
the original contract, the hotel would have been happy to restore the guest
room reservations, so I don't see that alleged contract breach as
warranting what happened.

<NS> ...the real overstep is that the Convention Oversight Committee (or
its Chair) took it upon itself to change the time of the convention and had
already told the hotel that we would reschedule without a decision of the
LNC or its Chair. Moreover, directly contrary to my expressed preference
made to the Chair of the Convention Oversight Committee for an option that
could be executed on the same date.</NS>

What is this "we would reschedule without a decision of the LNC or its
Chair" nonsense?  The COC and its chair did no such thing.  Since the
original date was a large question mark, all we were doing was researching
potential backup options, should the original date not work.

Some are trying to make the COC into scapegoats.  We're criticized for
(allegedly) not having brought specific proposals to the LNC last
week...though we did have two we were ready to present during that
meeting.  We are simultaneously criticized that we shouldn't have even been
researching other options at all, that it was overstepping our role.  I
think our colleagues recognize the no-win situation being painted for us.

Your email wrongly accuses me of disparaging a staff member.  I did no such
thing.  I specifically said the situation was:
1) "not fair to that person who did not ask to be put in the middle," and
then again
2) "terribly unfair to the staff member"
Clearly my complaint was related to management, and it's easy for the
reader to look at my original email to confirm that.

-Alicia




On Fri, May 8, 2020 at 10:09 AM Nicholas Sarwark via Lnc-business <
lnc-business at hq.lp.org> wrote:

> Dear Ms. Mattson,
>
> When the hotel cancelled the entire convention room block without notice,
> they took a unilateral action to breach the existing contract. The email
> saying the cancellation was a mistake and they looked forward to having the
> convention, but without reinstating the existing reservations further
> implied a breach. As you are aware, it is my signature on contracts, and I
> have the fiduciary duty to protect the Libertarian Party's interests.
>
> Our special counsel recommended sending an email to the hotel to clarify
> that we interpreted their action as an exercise of the impossibility
> clause, confirm that neither party had legal liability in this situation,
> and remain open to working to reschedule the convention, should that be
> appropriate. The legal reason for the letter was to clarify the position
> that the LNC would not be bound by the terms of the existing contract, but
> would be negotiating a new one.
>
> You claim that I overstep by somehow trying to change the site, but the
> real overstep is that the Convention Oversight Committee (or its Chair)
> took it upon itself to change the time of the convention and had already
> told the hotel that we would reschedule without a decision of the LNC or
> its Chair. Moreover, directly contrary to my expressed preference made to
> the Chair of the Convention Oversight Committee for an option that could be
> executed on the same date.
>
> The relevant portion of the email drafted by Mr. Hall and sent to the hotel
> that evidences this dealing against the stated interests of the LNC and the
> Chair is as follows:
>
> “On April 26, 2020, we received an email from Renee Moreno that she
> apparently sent to all confirmed attendees.  It states that JW Marriott
> Austin believes that our planned convention “might be improbable due to
> government restrictions,” and that JW Marriott Austin was “working to offer
> alternative arrangements.”  Ms. Moreno’s email also confirms that JW
> Marriott Austin has “cancelled the existing reservations,” although she
> indicates that the cancellation was done inadvertently.  Ms. Moreno’s email
> further states that JW Marriott Austin is working with our Convention
> Oversight Committee “to establish new dates for the Libertarian National
> Convention.””
>
> At no time was a decision made to establish new dates, but further
> inquiries by Mr. Hall indicate that representations were made by the Chair
> of the Convention Oversight Committee to the hotel that gave them that
> impression. Concerned members of this Committee may inquire directly of Mr.
> Hall for more specific details if they would like.
>
> As to your suggestion that I have directed a staff member to interfere in
> the Convention Oversight Committee's negotiations with an alternate venue,
> it is a lie. As members of the LNC are aware, I tolerate a significant
> amount of rude behavior, intemperate language, and false accusations that
> are made about myself in silence; perhaps more than I should.  However, I
> will not let aspersions be cast on members of our hardworking staff, even
> if they don't specifically name the staffer. Our staff is too small for
> anyone not to know who you are referring to and I won't stand for you
> dragging that person into your conflict with me.
>
> The staffer has a full account of what happened that has been sent to
> myself, the Executive Director, and Mr. Hall. Any member of this committee
> who would like a full accounting of what went on is free to request a copy
> of that account from Mr. Fishman on an agreement to keep it confidential.
>
> We have known each other for many years and been on the opposite side of
> many battles, this one included. I have always admired your dedication and
> tenacity and believed you were working for the best interest of the
> Libertarian Party. You are always free to argue against my interpretations
> of the rules and the bylaws and I do everything possible to ensure that you
> are fairly heard. But this latest salvo is different, accusing me of
> misconduct, attacking my character and disparaging staffers.
>
> If you, or any other member, are not comfortable serving on the Libertarian
> National Committee while I am Chair, I will be happy to accept your
> resignation.
>
> Yours in liberty,
> Nick
>
>
>
>
>
> On Fri, May 8, 2020 at 1:52 AM Alicia Mattson via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> > Many concerns have been voiced here in recent days about actions which
> many
> > feel are stepping across boundaries of the chair's proper role.  There
> are
> > probably people who know additional information but who don't say it lest
> > they be cast as a rabble-rouser.  Though I've debated it a bit, I've
> > decided that with the happenings of late, I am going to share a couple of
> > things that I know.
> >
> > It has been known since April 8 that the LNC was going to meet on May 2
> to
> > discuss the status of the convention which had been called for the
> > JWMarriott in Austin over Memorial Day weekend.
> >
> > Yet, on April 27, only 5 days prior to the LNC's planned meeting to make
> a
> > decision on the matter, the LNC Chair took a unilateral action which, had
> > it been successful, would have cancelled the contract with the Austin
> > hotel.
> >
> > On the afternoon of April 27, the LNC chair emailed the JWMarriott
> Austin a
> > message which in part said,
> > "our understanding is that JW Marriott Austin has invoked the
> > 'Impossibility Clause' to terminate the Group Sales Agreement we executed
> > in March 2018, and that Ms. Moreno’s April 26, 2020 email constitutes the
> > 'written notice' of such termination specified therein. We are therefore
> > writing to confirm that JW Marriott Austin’s termination of the Group
> Sales
> > Agreement is 'without liability' as set forth in the Impossibility
> Clause."
> >
> > The rationale given was based on the hotel's inadvertent cancellation of
> > our room block, and the apology which they sent to our delegates who had
> > booked in the block.
> >
> > I particularly note that the language said that "our understanding is..."
> > which implies that he is speaking on behalf of the LNC.  The LNC had not
> > been consulted on this.  The LNC had a meeting scheduled in 5 days to
> > deliberate the subject.  The COC had not been consulted on this.  This
> was
> > the action of one person purporting to represent "our" understanding.
> >
> > The hotel wrote back again apologizing for the mistake with our guest
> room
> > reservations, but they said essentially:  make no mistake, we are NOT
> > invoking the impossibility clause, we still have a contract with you and
> > look forward to hosting your event.
> >
> > Bylaws Article 10.1 clearly states that the LNC sets the time and place
> of
> > our national conventions.  LNC Policy Manual 2.02.7 delegates a lot of
> > matters to the Convention Oversight Committee, including making
> > recommendations about sites, however the LNC clearly retains the sole
> > authority to select a convention site.
> >
> > Since the LNC chose the time/place, the only power within the
> organization
> > to change that decision also lies with the LNC.
> >
> > Had this email been successful in its purpose, the LNC would have had the
> > decision made for them before our May 2 meeting even started.  None of us
> > are in the dark about the fact that this move would have completely
> changed
> > that meeting in a way that leaned towards the chair's desired outcome.
> >
> > I think the chair overstepped in this matter.
> >
> > In addition, the COC has encountered a situation in which a staff member
> > (whom I will not name because it's not fair to that person who did not
> ask
> > to be put in the middle) was directed to get in between the COC and a
> > potential backup venue we were contacting.  This interference with the
> COC
> > is a policy violation, is terribly unfair to the staff member in
> question,
> > and given the other happenings it feels like an attempt to torpedo backup
> > options, resulting in an increased likelihood of us moving in the
> direction
> > the chair has said he wishes to go.
> >
> > I think my fellow LNC members should know about it when their authority
> to
> > make decisions is being undermined in this way.
> >
> > According to the Peter Parker Principle, with great power comes great
> > responsibility.
> >
> > The position of LNC Chair is just such a position.  It gives a person
> > direct control over staff members and all party assets.  It is important
> > for a chair to stay within the boundaries of the bylaws and LNC policy
> and
> > resist the temptations that come with the title, particularly in times
> when
> > the organization is stressed.
> >
> > -Alicia
> >
>