[Lnc-business] The fiduciary duties of the chairmanship

[Caryn Ann Harlos]

I also would like to hear from Mr. Hayes on the representations here.

*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 5:36 PM Caryn Ann Harlos <caryn.ann.harlos at lp.org>
wrote:

> 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
>> >
>>
>>
>>