[Lnc-business] The fiduciary duties of the chairmanship

[Caryn Ann Harlos]

==I tire of the constant derailment and distraction from important issues
by muddying the waters.==

Me two.  Its disrespectful of the people who want to discuss the issue at
hand.  Nevermind I started a thread about that issue last night.

*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 8:00 PM john.phillips--- via Lnc-business <
lnc-business at hq.lp.org> wrote:

> Gentleman, perhaps take that discuss9 to the thread ABOUT IT?!?!
>
> I tire of the constant derailment and distraction from important issues by
> muddying the waters.
>
> John Phillips
> Libertarian National Committee Region 6 Representative
> Cell 217-412-5973
>
> On May 26, 2020 8:56 PM, "joshua.smith--- via Lnc-business" <
> lnc-business at hq.lp.org> wrote:
>
> Mr. O'Donnell,
>
>
> Can you cite which laws I violated?
>
>
> Thanks,
> Joshua
>
> On May 26, 2020 8:37 PM, "justin.odonnell--- via Lnc-business" <
> lnc-business at hq.lp.org> wrote:
>
> And you, Mr Smith, have violated FCC regulations regarding unsolicited
> contact with mass emails to non consenting parties, yet havent acknowledged
> the multiple threads on the LNC Business list asking qho provided you with
> the Delegate Email list.
>
> Just figured I would toss that out there while we're busy waging
> allegations of Misconduct.
>
> Justin O'Donnell
> LNC Region 8 Representative
>
> On May 26, 2020 9:29 PM, "joshua.smith--- via Lnc-business" <
> lnc-business at hq.lp.org> wrote:
>
> Mr. Chair,
>
>
> This party has voiced overwhelmingly that they intend to be in Orlando for
> an in person convention july 8th through the 12th at Rosen Shingle Creek
> resort. The CoC has worked tirelessly to give us options. This board has
> argued and worked relentlessly to come up with solutions that could be
> beneficial for the members we serve.
>
> You have obstructed, demanded, forced, shamed, and threatened members of
> this board, our sub committees, and party members. You've come to the
> realization that your underhanded tactics will not work. Now you are
> hinting at holding this entire party hostage because you didn't get your
> way.
>
> No more! The members who literally pay to make this party possible deserve
> better. If you are refusing the will of this board, resign. If you are
> refusing the will of the delegates. Resign.
>
> If you won't resign, then a motion to remove you for refusing to do your
> duties as Chair needs to be moved. Now!
>
> This is a terrible, horrible, ugly way to end your tenure with this board,
> and I'd ask that you truly think about what long lasting legacy you wish to
> leave with our memebers.
>
>  Your friend in liberty,
> Joshua D. Smith
>
> On May 26, 2020 6:42 PM, Richard Longstreth via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> Nick, sincr the contract is bad, why didn't you express your concerns last
> night at the COC meeting. Several LNC members did and those points are
> being sent back to the hotel for consideration. I was silent the whole
> time
> but noted your attendance early in the evening. Any concerns you had or
> have could have and should have been brought up there. You don't get to
> refuse to participate and then claim foul because your voice wasn't heard.
> The fact that you dialed in showed you didn't forget about the meeting or
> have other plans. Please explain your concerns in detail.
>
> Before you do, please explicitly state the intent of your message above.
> It
> implies you are not willing to sign but is very careful not to say that in
> clear terms. I, this body, and the party tire of these games and we would
> like to look to the future again and how to make everything work rather
> than focusing on whether or not the chair will execute his duties.
>
> Please state frankly and clearly: will you sign the contract if the COC
> follows the appropriate procedures for negotiation and puts it in front of
> you, yes or no?
>
> Richard Longstreth
> Region 1 Representative (AK, AZ, CO, HI, KS, MT, NM, OR, UT, WA, WY)
> Libertarian National Committee
> richard.longstreth at lp.org
> 931.538.9300
>
> Sent from my Mobile Device
>
> On Tue, May 26, 2020, 16:12 erin.adams--- via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> > I have also yet to see any communication from mr. Hall that says he
> feels
> > this is a "bad contract" . What I have seen is him State new rest times
> > that it is not his role to tell us whether or not a contract is good or
> bad
> > but only to advise us I'm potential liabilities in any contract. If
> someone
> > else has seen something other than that please point it out for me
> because
> > it certainly isn't something I want to miss
> >
> > Erin Adams Region 7 alt.
> >
> > On May 26, 2020 6:08 PM, Alicia Mattson via Lnc-business <
> > lnc-business at hq.lp.org> wrote:
> >
> > The chair signed a contract for 2020 Austin with potential liquidated
> > damages of up to $166,279 for non-force-majeure cancellation.  Yet we
> > don't
> > owe that amount because it was cancelled under the force-majeure clause.
> >
> > The chair signed a contract for 2022 Reno with potential liquidated
> > damages
> > of up to $215,011 for non-force-majeure cancellation.
> > The chair signed a contract for 2024 D.C. with potential liquidated
> > damages
> > of up to $252, 860 for non-force-majeure cancellation.
> >
> > In the bigger context, the non-force-majeure cancellation clause for
> > Austin
> > is fairly low at $105k.
> >
> > Again I will suggest that the readers consult the policy manual language
> > before buying the chair's utterly false description that the COC has
> > "taken
> > it upon themselves to decide what contracts are beneficial."  The LNC
> has
> > expressly delegated this task to the COC and said that the COC acts "on
> > behalf of the LNC" in this matter.  See policy manual 2.02.7:
> >
> >
> ------------------------------------------------------------------------------------------------------------------------------
>
> >
> > "The Convention Oversight Committee shall make recommendations for
> > convention sites to the LNC, but the LNC shall choose the site.  On
> other
> > matters concerning the Party’s conventions, the committee shall act on
> > behalf of the LNC, including:
> >
> > -conveying requirements to convention planners.
> > -ensuring the convention meets the Party’s needs.
> > -reviewing and approving in a timely manner major elements, such as
> > contracts, the convention budget and the convention program.
> >
> > The committee shall periodically report its decisions and actions to the
> > LNC... "
> >
> ------------------------------------------------------------------------------------------------------------------------------
>
> >
> >
> >
> > -Alicia
> >
> >
> >
> > On Tue, May 26, 2020 at 3:45 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
> > >
> >
> >
> >
>
>
>
>
>
>