[Lnc-business] game played with JWMarriott Austin contract

[Caryn Ann Harlos]

That is how I took it.  I said the same with regard to Mr. Hall whom I
believe was similarly placed in an untenable position.

I for one am sick and tired of the disparagement directed to the CoC.
Boards that shit in volunteers soon find themselves without volunteers.

On Fri, May 8, 2020 at 11:09 PM Alicia Mattson via Lnc-business <
lnc-business at hq.lp.org> wrote:

> 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
> > >
> >
>
-- 

*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. *