[Lnc-business] The fiduciary duties of the chairmanship
Caryn Ann Harlos
caryn.ann.harlos at lp.org
Tue May 26 19:36:45 EDT 2020
If I had been driven to refuse to sign nomination certificates, I fully
expected to have been removed by the LNC. I counted the cost before I took
my stand.
*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 5:13 PM <john.phillips at lp.org> wrote:
> Well that's an interesting way to twist it since at the ONLINE convention,
> that many including myself supported, the DELEGATES selected by the party
> voted overwhelmingly to adjourn to that time and place.
>
> Even after you didn't give the entire truth, just as you are not doing
> here.
>
> It seems to me that explicit directions have been given by not only the
> LNC as a board, but by the duly elected delegates as well.
>
> It also seems to me that you are refusing to perform the duties you were
> elected to do, including following the will of the delegates. Nor is this
> the first time you have made such a statement, though it is the first time
> publicly.
>
> Given that it would also seem to me that while I can respect your
> willingness to take a stand on your beliefs, that such a stand gives us
> little choice but to move to remove you from your position, just as I would
> any employee that refused to do their job, and acknowledged that they knew
> it was their job.
>
> John Phillips
> Libertarian National Committee Region 6 Representative
> Cell 217-412-5973
>
> On May 26, 2020 6:02 PM, Caryn Ann Harlos via Lnc-business <
> lnc-business at hq.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
> >
>
>
>
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