[Lnc-business] EMAIL BALLOT 200531-1 APPEAL FROM THE RULING OF THE CHAIR CONCERNING REMOVAL OF DANIEL HAYES FROM THE COC

[Caryn Ann Harlos]

I’m reserving my vote and argument for one day to give the chair his
privilege.

I would encourage others to do the same

I would also encourage members to seek the counsel of Richard Brown

On Sun, May 31, 2020 at 4:38 PM <joe.bishop-henchman at lp.org> wrote:

> I vote yes, to sustain the ruling. The language of the policy manual is
> that the non-LNC members are "selected by the LNC Chair" on the
> recommendation of the COC. There is no explicit language governing
> dismissals.
>
> While I would agree that a new member would need recommendation by the COC
> (although this may become moot due to a pending motion), our policy manual
> chose to be silent on the mechanism of dismissal and in that case it rests
> with who held appointment power. Presumably a Chair could refuse to appoint
> someone recommended by the COC, and the result would be a vacant seat. The
> Chair therefore ultimately selects the members.
>
> In an analogous situation (President's removal of an appointee who had
> received Senate confirmation for a fixed term, with no explicit language
> governing dismissals), the U.S. Supreme Court held in Myers v. United
> States that the President may remove such a person. Congress since has
> deliberately included such language when the agency involved is intended to
> be independent of the executive branch, vs. when it is intended to be
> subordinate to the executive (or legislative). That case incidentally
> officially exonerated President Andrew Johnson, whose impeachment was
> pretextually about such a removal without Senate consent.
>
>  I've never been quite clear whether the COC is intended to be independent
> or subordinate, as they can act independently in some, but not all,
> decisions delegated to them. This lack of clarity also mitigates against
> insulating members from removal. I would support efforts to clarify it
> further, however.
>
> JBH
>
>
> On May 31, 2020 4:18 PM, Caryn Ann Harlos via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
> EMAIL BALLOT 200531-1  APPEAL FROM THE RULING OF THE CHAIR CONCERNING
> REMOVAL OF DANIEL HAYES FROM THE COC
>
> We have an electronic mail ballot.
>
> Votes are due to the LNC-Business list by June 7, 2020 at 11:59:59 pm
> Pacific time.
>
> Co-Sponsors:  Goldstein, Harlos, Longstreth, Phillips, Smith
>
> =============================================
>
>
> Motion: The Chair has ruled he can not only remove Daniel Hayes as CoC
> chair but also from the committee entirely.  Harlos appeals from the
> ruling
> of the chair that he can remove Hayes from the committee without CoC
> approval since appointment required CoC approval.
>
> =============================================
>
> THRESHOLD REQUIRED:  A majority vote is required to overturn the ruling of
> the chair.
>
>
> You can keep track of the Secretary's manual tally of votes here:
>
> https://docs.google.com/spreadsheets/d/1VntkXkkuQouUiWbt9bnI_TjSMKDiTaDDpvsYtTmJdhE/edit#gid=1053534570.
>
> Votes are noted with a link to the actual ballot cast for verification.
> You
> can find the time that the manual tally was last updated at the bottom of
> the sheet.
>
>
> Please notify me of any discrepancies.
>
> *  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) in an actual email, please contact me privately and let me know.  *
>
>
> --

*  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) in an actual email, please contact me privately and let me know.  *