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

[Caryn Ann Harlos]

Some emails got posted in the wrong thread.  I am sure Mr. Coburn knows
where the belonged.

On this I remind the rest of the LNC that our convention parliamentarian
Mr. Brown has concurred with Ms. Mattson and I.

*  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.  *


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

> 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.  *
>