[Lnc-business] The fiduciary duties of the chairmanship

[Caryn Ann Harlos]

But while we are speaking of duties, is it true that you are intending to
come to Orlando as a delegate but not chair?  That I do fault you for if
true.  And that is a refusal to do your duties.  What you did to Mr. Merced
was grossly unfair, but ultimately I am so proud of him.  I have seen him
blossom before our eyes.

As you have done so many times to other people, I will say my opinion.  If
you are intending to come to Orlando yet refuse to chair, you should
resign.  If you cannot in good conscience support what the LNC has decided,
you should resign.  While yes you have a fiduciary duty, it is not to be
king.   We are a governing BODY.  What you are doing is little different in
motivation than what Mr. Vohra did.  He did not like the messaging
decisions of the LNC so he decided he would take it upon himself to make us
all go where he wanted.

*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. *



On Tue, May 26, 2020 at 5:02 PM Caryn Ann Harlos <caryn.ann.harlos at lp.org>
wrote:

> Short version:  you are not going to sign.  Thank you.  I absolutely
> disagree with your assessment but respect your conviction not to sign.  I
> of all people understand a reluctance or refusal to sign.
>
> I see some things in there that I do not believe are true, but unless
> members or other LNC members wish for me to deal with those, I am choosing
> not to.
>
> If the motion before us passes, I am willing and prepared to sign.  I do
> not wish to speak for Mr. Merced.
>
> I have went through the contract myself and my concerns are addressed.
>
> Frankly, since we are being frank here, you have tried your best to
> subvert the decision of the LNC ever since it was made, and I believe that
> the hotel could offer us money to come and you would still not sign.  That
> is your prerogative.  It is just interesting to me how some people having
> unequal weights and measures when it comes to your refusal to sign, and my
> initial refusal to sign until my concerns were alleviated.  But I will not
> fault you for your refusal to sign or I would be a hypocrite.
>
> Others who do not have that compunction can sign.  Just like would have
> happened with me if my concerns on the nomination certification were not
> addressed.
>
> *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. *
>
>
>
> On Tue, May 26, 2020 at 4:45 PM Nicholas Sarwark via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
>> Dear All,
>>
>> Since our bylaws and policy manual make me the person who decides on party
>> decisions and how to speak or behave on behalf of the party in the absence
>> of an explicit LNC decision to override my authority, I thought it might
>> be
>> worth letting the LNC know how I exercise those prerogatives.
>>
>> While members of the LNC or other party members may have particular
>> functions they think are most important, my role as Chair is to make sure
>> the LNC is best able to meet the purposes outlined in the bylaws:
>>
>> “The Party is organized to implement and give voice to the principles
>> embodied in the Statement of Principles by:
>> 1.functioning as a libertarian political entity separate and distinct from
>> all other political parties or movements;
>> 2.electing Libertarians to public office to move public policy in a
>> libertarian direction;
>> 3.chartering affiliate parties throughout the United States and promoting
>> their growth and activities;
>> 4.nominating candidates for President and Vice-President of the United
>> States, and supporting Party and affiliate party candidates for political
>> office; and
>> 5.entering into public information activities.”
>>
>> In the current situation relative to a proposed second sitting in Orlando,
>> we have an LNC that as of today has no financial obligation to any event
>> venue in the future and is owed approximately $45K by the convention A/V
>> vendor as a deposit refund.
>>
>> There are members of the Convention Oversight Committee who would like me
>> to make the LNC liable for up to $105K in liquidated damages and to
>> convert
>> that approximately $45K refund into a new contract for A/V services at an
>> in-person convention to be held less than 6 weeks from now.
>>
>> From a financial and prudential perspective, the proposed contract is bad
>> for the Libertarian Party. That is my opinion and the opinion of the
>> special counsel to the party. The current contract puts more risk on the
>> LNC and less on the hotel. It was negotiated by the Convention Oversight
>> Committee Chair without my input or approval. In fact, the Convention
>> Oversight Committee Chair has not taken my phone calls or communicated
>> with
>> me directly for nearly a month. That is a choice he is allowed to make,
>> but
>> I thought it worth sharing with the LNC so they can better understand the
>> situation we find ourselves in.
>>
>> A subcommittee of this committee has taken it on themselves to decide what
>> contracts are beneficial, whether we are allowed to hold an online
>> convention, and what our delegates will have to do to hold this
>> Libertarian
>> National Committee accountable for their actions this term. That is upside
>> down from how things are supposed to work. Delegates should decide who
>> represents them on the LNC, not LNC members deciding who will be able to
>> be
>> a delegate.
>>
>> I hope that helps give people a sense of how I intend to execute my duties
>> as Chair as long as I hold the office.
>>
>> Yours in liberty,
>> Nick
>>
>