[Lnc-business] EMAIL BALLOT 200623-1 Release CoC meeting recording to ED

Tue Jun 23 10:08:45 EDT 2020

For posterity- I am reproducing Mr. Moellman's response here for proposing
of informing debate:

======
If someone would be so kind to post it to the list, since I am not an LNC
member, my response is as follows:

I did just now, at 23:58 Eastern Time, see the email from the Chair, sent
at 10:10 Eastern Time.

I worked my regular job today, spent 4 hours volunteering to build servers
for the Jorgensen campaign, and then 3 hours (and completed just after
beginning this message) on the COC call this evening.  I was alerted to the
chair's request while working my way backward through my email and noticing
an email from Sam responding to the chair's email, on which I was copied.

I then went to the LNC-Business archive and saw that the chair posted
at 14:00 Eastern Time that he had made his request, and was
apparently annoyed I did not respond in less than 4 hours.  Sorry, but I
was a little busy today.

The video was recorded at the COC meeting held from 21:00 on June
15th until 00:28 on June 16th. Multiple LNC members were in attendance
(Alex Merced, Caryn Ann Harlos, Tim Hagan, and TJ Ferreira at a
minimum). Among many other things covered in that meeting, there was
a presentation by two developers of convention tools. The COC chose one
of those two options; the developer of that option specifically mentioned
a few things about the tool, one of which was asking that the
development progress not be made public at that time. There was also
discussion of contracts and other convention-related items.

On the morning of June 16th, I was asked to provide the video recording to
Dan Fishman from BetteRose Ryan, via email. I noted I was not able
to provide that information until later. I was told it wasn't an
emergency, and it was okay. And honestly, I forgot about it because I have
a few other "minor" things going on.

The following day, I received an email from Mr. Fishman and a
voicemail from BetteRose Ryan about the video. There seemed to be a
desperation to obtain the video, and something seemed "off". The purpose
presented to me was so that Mr. Fishman could share the presentation on the
remote participation options. As noted above, the developer asked that we
not share details at this point. But I also knew that Mr Fishman knows
how to contact TJ, since he's a member of the LNC, and while considering
why this felt "off", I recalled that TJ had told me he had spoken with
Mr. Fishman about the software development. Given what came next on the
LNC list, and given the background, I believe that this
initially-provided rationale was an intentional attempt at perpetrating a
fraud -- a NAP violation -- as the "demo" was clearly never the intent of
the release of the video.

It was at this point that I contacted the rest of the COC, as we are
a committee, to ask for their opinion on release of the recording.  The COC
decided to not release the video to Mr. Fishman.

Today's email from the Chair specifically asked that I release the video to
Mr. Fishman. I do not believe this complies with the Policy Manual. Policy
Manual Section 2.07(5) states:

> _MEMBERS OF THE LNC AND THE AUDIT COMMITTEE are entitled to inspect and
copy books, records (including electronic records) and documents of the
Libertarian National Committee, Inc. to the extent reasonably related to
the performance of the member's duties to the corporation, including those
duties as a member of a committee, but NOT FOR ANY OTHER PURPOSE OR IN ANY
MANNER THAT WOULD VIOLATE ANY DUTY TO THE CORPORATION. Prior to obtaining
copies the member shall execute a standard nondisclosure agreement. If the
member requires an OUTSIDE PROFESSIONAL to assist in reviewing and
analyzing the materials, that individual shall also execute a standard
nondisclosure agreement prior to receiving the materials. _

_ _
You may note that throughout the Policy Manual, staff is
directly referenced when staff has a particular duty or right. No such duty
or right exists for an internal record to be disclosed to a member of staff.
_ _

I have been a consistent advocate for inviting the members of the LNC
to the COC meetings.  As our parent body, I believe it is important to
have the LNC monitor and review the process. As noted before, multiple
LNC members were on the call on the 15th.

As the parent body, and in accordance with the Policy Manual, I
will release the video to any LNC member or member of the Audit
Committee, while explicitly noting that sections of the video are covered
under executive session (specifically, discussion around
convention contracts), under the same authority as the LNC under executive
session (Policy Manual Section 2.02(7)) and should not be shared publicly.
And I will do so, admittedly with hesitation, as there have been
occasions over the past two months where information, which should be held
under executive session, has been leaked to others and shared on social
media to fuel internal political squabbles.

The COC meeting was recorded not for the sake of fuelling
internal political squabbles. The video was recorded so that good notes
could be made from the meeting. We have a massive amount of work ahead.
There are now fewer than 16 days until the convention. I just spent almost
2 hours writing an email to potentially "deal with" something that will be
automatically "dealt with" in 16 days.  It all seems a bit petty to me.

Ken

=====

*  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 Tue, Jun 23, 2020 at 7:52 AM steven.nekhaila at lp.org <
steven.nekhaila at lp.org> wrote:

> I vote Aye.
>
> Sincerely,
>
> Steven Nekhaila
> Region 2 Representative
>
> Get Outlook for iOS <https://aka.ms/o0ukef>
> ------------------------------
> *From:* Lnc-business <lnc-business-bounces at hq.lp.org> on behalf of Caryn
> Ann Harlos via Lnc-business <lnc-business at hq.lp.org>
> *Sent:* Tuesday, June 23, 2020 9:50:29 AM
> *To:* Libertarian National Committee list <lnc-business at hq.lp.org>
> *Cc:* Caryn Ann Harlos <carynannharlos at gmail.com>
> *Subject:* Re: [Lnc-business] EMAIL BALLOT 200623-1 Release CoC meeting
> recording to ED
>
> I vote no.
>
> We have a procedure in the PM for investigating such matters, and it is up
> to the Chair and Vice-Chair, and ultimately the entire LNC not the ED.  No
> one, certainly not me, is objecting to an investigation.  I am asking it
> either be done according to the PM or we amend the PM.  It has in fact been
> started by Mr. Merced who has reviewed the recording.  No other LNC member
> has, to my knowledge, requested a copy to review.  I was present and do not
> need to review.
>
>
>
> *  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 Tue, Jun 23, 2020 at 7:41 AM Caryn Ann Harlos <carynannharlos at gmail.com
> >
> wrote:
>
> > We have an electronic mail ballot.
> >
> > Votes are due to the LNC-Business list by June 30 2020 at 11:59:59 pm
> > Pacific time.
> >
> > Co-Sponsors:  Sarwark
> >
> > =============================================
> >
> >
> > Motion: The Libertarian National Committee directs the Convention
> Oversight
> >
> > Committee to provide the recording of the June 15, 2020 Convention
> >
> > Oversight Committee meeting to the Executive Director for his review.
> >
> > =============================================
> >
> > THRESHOLD REQUIRED:  Simple majority
> >
> >
> > You can keep track of the Secretary's manual tally of votes here:
> >
> https://docs.google.com/spreadsheets/d/1VntkXkkuQouUiWbt9bnI_TjSMKDiTaDDpvsYtTmJdhE/edit#gid=674326069
> > 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.  *
> >
>