[Lnc-business] Contract Status

[Alicia Mattson]

I know the chair is aware of these things, and he may not care, but for the
edification of other readers...

The chair's authority is limited by LNC policies and directives.  Bylaw
Article 6.3:

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"The Chair is the chief executive officer of the Party with full authority
to direct its business and affairs, including hiring and discharging of
National Committee volunteers and paid personnel, subject to express
National Committee policies and directives issued in the exercise of the
National Committee's plenary control and management of Party affairs,
properties and funds."
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The LNC has delegated its authority to approve convention contracts to the
Convention Oversight Committee, and the chair is not authorized to sign one
that did not receive such approval. Policy Manual Section 2.02.7:

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"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."
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Essentially the chair is telling us that he intends to defy the bylaws and
LNC policies and sign an unauthorized contract.

-Alicia



On Sun, May 31, 2020 at 10:13 AM Alicia Mattson <alicia.mattson at lp.org>
wrote:

> I suppose I should thank the chair for at least telling us that he intends
> to act outside of his authority...??
>
> I'm not sure whether LNC members are getting the track-changes version or
> a changes-accepted version, but let me highlight for you the differences
> between the Nick version and the COC version:
>
> 1)  COC added a sentence in "21. Cancellation"
> 2)  COC added a sentence in "24. Force Majeure"
> 3)  COC added two phrases in "30. Confirmation" noting that this version
> is COC-approved and supersedes any previous version
> 4)  COC also struck out the name of Robert Kraus as the person the hotel
> expected to sign and replaced with "Officer", but that wasn't going to
> happen anyway.  It was just a placeholder.
>
> To be very clear for our readers, the version Nick says he intends to sign
> is the one he believes he can unilaterally cancel.  The COC-authorized
> version says the cancellation or force-majeure clauses may only be
> exercised by an affirmative vote of the LNC.
>
> That is the difference.
>
> -Alicia
>
>
>
>
> On Sun, May 31, 2020 at 8:24 AM Nicholas Sarwark via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
>> Dear All,
>>
>> While I appreciate the suggestions from the Convention Oversight
>> Committee,
>> I'm going to sign the contract negotiated by Mr. Hall, Ms. Ryan, and Mr.
>> Kraus and approved for signature by Mr. Hall.
>>
>> Yours truly,
>> Nick
>>
>