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

[Caryn Ann Harlos]

If you would like the direct quote from counsel I can provide it.

On Sun, Jun 7, 2020 at 4:42 AM Caryn Ann Harlos <carynannharlos at gmail.com>
wrote:

> He does not have the unilateral power of appointment.  He cannot appoint
> someone not recommended.  He does have that power with regards to the chair.
>
>
>
> On Sun, Jun 7, 2020 at 12:50 AM Tucker Coburn <tucker.coburn at lp.org>
> wrote:
>
>> 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.
>> >> >> *
>> >> >>
>> >>
>>
>> --
>
> *  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.  *