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

[Caryn Ann Harlos]

The proverbs say one man seems right until another argues his case

I just ask you read subsequent arguments with an open mind.  I have not yet
spoken to my motion.

On Mon, Jun 1, 2020 at 4:34 PM Alex Merced (LNC Vice Chair) via
Lnc-business <lnc-business at hq.lp.org> wrote:

> Wasn’t sure if my first email was sent, but agree with Joes reasoning so
> vote yes. Also, like Jo I agree these details should be made clearer for
> future situations.
>
> Alex Merced
> Vice Chair of the Libertarian National Committee/LP
>
> > On May 31, 2020, at 7:00 PM, Caryn Ann Harlos via Lnc-business <
> lnc-business at hq.lp.org> wrote:
> >
> > 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.  *
>
> --

*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. *