[Lnc-business] The fiduciary duties of the chairmanship

[Alex Merced (LNC Vice Chair)]

1. I don’t fault you for sticking to your guns, that’s your choice. I still respect and admire your tenure but at this point we can’t move backwards but only forwards.

2. There was a CoC meeting last night which you attended where concerns were discussed and addressed in depth. Not once did you speak to voice your concerns, nor did you acknowledge whether the addressing of those concerns in the meeting were sufficient and why if not.  You say the CoC Chair did not communicate with you, you had every opportunity to communicate with him and the whole committee last night and chose not to do so.

3. I intend on signing the contract with Ms. Harlos. All of us on the LNC, those on the CoC and Libertarians across the nation will work together to have a successful 2020 where the parties business is done, bridges are mended and we work towards as much electoral success as possible. This party is not any one person, it’s all of us and together we can figure all this out.

Alex Merced
Vice Chair of the Libertarian National Committee/LP

> On May 26, 2020, at 7:12 PM, john.phillips--- via Lnc-business <lnc-business at hq.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
> >
> 
>