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

[Tucker Coburn]

I vote yes.

As the Secretary has pointed out, this vote is about whether the Chair's 
action was proper, not whether we agree or disagree with it.
For that reason and the explanation below, I would urge members that 
have voted no to reconsider, particularly those that have paid close 
attention to RONR over the past couple months.

Page 177 of Robert's is very clear in stating "Unless the bylaws or 
other governing rules provide otherwise, the appointing authority has 
the power to remove or replace members of the committee: If a single 
person, such as the president, has the power of appointment, he has the 
power to remove or replace a member so appointed; ..."

I disagree with the Secretary and Ms. Mattson. Though the policy manual 
provides for a recommendation from the Members of the COC, it explicitly 
leaves the selection to the Chair. Further to the point, the Secretary's 
Report (Pg 64) from the 2018 December LNC Meeting Minutes states, "The 
LNC Chair appointed Daniel Hayes, Ken Moellman, and Drew Layda as the 
non-LNC members of this committee." There is no mention of the COC 
members appointing these three as they did not: they recommended them to 
the Chair for selection.

The Chair has the sole power of appointment and thus also has the sole 
power to remove.

Thank you,
-- 
Tucker Coburn
LNC Region 8 Representative
www.lp.org

On 2020-06-06 13:58, Richard Longstreth via Lnc-business wrote:
> I vote no and believe that the arguments have been thoroughly laid out.
> 
> To Mr. Bishop-Henchman's point specifically, there is a distinct 
> difference
> between the president appointing and the Senate then confirming versus 
> the
> committee recommending and the chair then appointing. The spirit of 
> your
> argument is certainly similar, but I see too much difference in the
> circumstances to be convinced.
> 
> 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 Sat, Jun 6, 2020, 07:36 Jeff Hewitt via Lnc-business <
> lnc-business at hq.lp.org> wrote:
> 
>> I vote no. Jeff Hewitt Region 4 Rep
>> 
>> On 2020-06-06 00:01, Alicia Mattson via Lnc-business wrote:
>> > I vote no.
>> >
>> > -Alicia
>> >
>> >
>> > On Sun, May 31, 2020 at 1:18 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.
>> >> *
>> >>
>>