[Lnc-business] Fwd: Re: [COC 2018-20] Fwd: Re: Providing the recording of the June 15 Convention Oversight Committee meeting to the Executive Director

[Joe Bishop-Henchman]

I request an unedited copy of the video.

Additionally if someone wants to let me know - off list if necessary - 
what the concerns here are, I'd appreciate it. I feel like I'm only 
getting half the story, and the secrecy and escalation on something 
seemingly routine is odd to me. Generally I would expect we all would 
fully cooperate with any investigation of an alleged HR violation, and 
that ED and COC work closely together on our common goals. I'm on EPCC 
and nothing has been brought to us, to my knowledge.

JBH

------------
Joe Bishop-Henchman
LNC Member (At-Large)
joe.bishop-henchman at lp.org
www.facebook.com/groups/189510455174837

On 2020-06-23 10:20, dustin.nanna--- via Lnc-business wrote:
> I would like a copy of the video so that I can form my own opinions
> and ignore the chatter please.
> 
> On Jun 23, 2020 7:41 AM, Sam Goldstein via Lnc-business
> <lnc-business at hq.lp.org> wrote:
> 
>> Forwarded at Mr. Moellman's request.
>> 
>> ---
>> Sam Goldstein, At Large Member
>> Libertarian National Committee
>> Convention Oversight Committee
>> 317-850-0726 Cell
>> 
>> -------- Original Message --------
>> 
>> SUBJECT:
>> Re: [COC 2018-20] Fwd: Re: [Lnc-business] Providing the recording
>> of
>> the June 15 Convention Oversight Committee meeting to the Executive
>> Director
>> 
>> DATE:
>> 2020-06-23 01:47
>> 
>> FROM:
>> Ken Moellman <ken.moellman at lphq.org>
>> 
>> TO:
>> Convention Oversight Committee <conventions at hq.lp.org>
>> 
>> CC:
>> Sam Goldstein <sam.goldstein at lp.org>
>> 
>> 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
>> 
>> On Mon, Jun 22, 2020 at 7:40 PM Sam Goldstein via Conventions
>> <conventions at hq.lp.org> wrote:
>> 
>>> For those of you not on the LNC list.
>>> 
>>> ---
>>> Sam Goldstein, At Large Member
>>> Libertarian National Committee
>>> Convention Oversight Committee
>>> 317-850-0726 Cell
>>> 
>>> -------- Original Message --------
>>> 
>>> SUBJECT:
>>> Re: [Lnc-business] Providing the recording of the June 15
>> Convention Oversight Committee meeting to the Executive Director
>>> 
>>> DATE:
>>> 2020-06-22 19:39
>>> 
>>> FROM:
>>> Sam Goldstein via Lnc-business <lnc-business at hq.lp.org>
>>> 
>>> TO:
>>> lnc-business at hq.lp.org
>>> 
>>> CC:
>>> Sam Goldstein <sam.goldstein at lp.org>
>>> 
>>> REPLY-TO:
>>> lnc-business at hq.lp.org
>>> 
>>> There were four members of the Executive Committee and several
>> other LNC
>>> members/alternates on that call and not one has alleged any kind
>> of
>>> Policy Manual violation.  This is entirely a tempest in a teapot
>> which
>>> had died down for lack of interest until the Chair's belated
>> attempt at
>>> involvement.
>>> 
>>> Of course it is the Chair's prerogative to initiate an email
>> ballot so
>>> we must proceed unless he withdraws his motion.   I would like to
>> know
>>> the Chair's plan for an investigation of whatever is being alleged
>> here
>>> since the Policy Manual makes it clear that the Executive Director
>> has
>>> no role in such an investigation and there is no Chair of the
>> Judicial
>>> Committee at this time.  (PM pg 23).
>>> 
>>> Come to think of it, the motion of the Chair is actually out of
>> order
>>> since he would be the one to receive the recording in question,
>> not Mr.
>>> Fishman.  The COC is entirely within the Policy Manual to refuse
>> to
>>> release a recording to someone not authorized to investigate this
>>> matter.
>>> 
>>> ---
>>> Sam Goldstein, At Large Member
>>> Libertarian National Committee
>>> Convention Oversight Committee
>>> 317-850-0726 Cell
>>> 
>>> On 2020-06-22 19:16, john.phillips--- via Lnc-business wrote:
>>> 
>>> I didn't see anyone opposing an investigation.  I did see some
>> people questioning what the correct path for investigation is, and
>> whether that path included Mr Fishman, or should have been the chair
>> and/or vice chair.
>>> 
>>> I myself pointed out that given recent events, that impartiality
>> from some might be difficult and suggested Mr Merced and perhaps the
>> EPCC would be the correct path.
>>> 
>>> Mr Merced has been investigating, and responded with some of his
>> findings in the off list discussion on the subject.
>>> 
>>> I would also point out that the chair has often of late taken up
>> to a week to respond to things - this included, so creating an issue
>> when someone has n).ot responded to an email sent the same day seems
>> a touch ... questionable.
>>> 
>>> If the motion becomes necessary after a reasonable amount of time,
>> like 24-36 hours, then I would still suggest that the investigation
>> be pursued by the people I mentioned above.
>>> 
>>> John Phillips
>>> Libertarian National Committee Region 6 Representative
>>> Cell 217-412-5973
>>> 
>>> On Jun 22, 2020 1:28 PM, Caryn Ann Harlos via Lnc-business
>> <lnc-business at hq.lp.org> wrote:
>>> 
>>> Or perhaps more appropriately, Mr. Moellman should send to you.
>> You can
>>> then do with it as you wish.
>>> 
>>> *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. *
>>> 
>>> On Mon, Jun 22, 2020 at 11:27 AM Caryn Ann Harlos
>> <caryn.ann.harlos at lp.org>
>>> wrote:
>>> 
>>> I will start that ballot after I get off work.
>>> 
>>> For the record, you had not weighed in before.  Now that you have,
>> I
>>> believe Mr. Moellman should release the tape.  Agree or not with
>> your
>>> decision, you do have the authority to request release of the
>> recording
>>> IMHO.
>>> 
>>> *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. *
>>> 
>>> On Mon, Jun 22, 2020 at 11:00 AM Nicholas Sarwark via Lnc-business
>> <
>>> lnc-business at hq.lp.org> wrote:
>>> 
>>> Dear All,
>>> 
>>> The Convention Oversight Committee met one week ago, on June 15
>> via Zoom.
>>> Mr. Moellman arranged the Zoom meeting room and recorded the
>> proceedings.
>>> All LNC members were invited to attend the meeting, along with
>> Libertarian
>>> Party staff.
>>> 
>>> Following the meeting, the Executive Director, Dan Fishman, made a
>> request
>>> to the Chair of the Convention Oversight Committee, BetteRose
>> Ryan, for a
>>> copy of the recording for his review, as he was not in attendance
>> on June
>>> 15. Ms. Ryan requested that Mr. Moellman provide the recording to
>> Mr.
>>> Fishman. Mr. Moellman did not provide the recording as directed by
>> the
>>> Chair of the Convention Oversight Committee, but instead asked
>> other
>>> members of the Convention Oversight Committee whether he should
>> provide
>>> the
>>> recording. Members of that committee objected to providing the
>> recording
>>> and it was not provided.
>>> 
>>> There are concerns that there was a Policy Manual violation during
>> that
>>> meeting, something the Executive Director is required to inform
>> the Chair
>>> of the LNC about and investigate in as confidential a manner as
>> possible.
>>> If Mr. Fishman had received the recording, it would allow for that
>> 
>>> investigation to proceed appropriately. Without the recording,
>>> investigating is much more difficult.
>>> 
>>> Earlier today, I sent an email as Chair of the Libertarian
>> National
>>> Committee directing Mr. Moellman to send the recording to Mr.
>> Fishman. Mr.
>>> Moellman has not done so, nor responded to my email. My
>> understanding is
>>> that members of the Convention Oversight Committee would rather
>> nobody be
>>> able to review the recording and are claiming some right of
>>> confidentiality
>>> over its contents, though there is no legal, bylaws, or policy
>> manual
>>> authority that has been put forward that has been offered to
>> support this
>>> claim.  Even if confidential contract information was discussed,
>> the
>>> Executive Director is privy to those details by virtue of his
>> role.
>>> 
>>> Since members of this LNC seem determined to prevent the
>> investigation
>>> from
>>> going forward without action from the entire Libertarian National
>> 
>>> Committee, I am asking the Secretary to distribute the following
>> email
>>> ballot:
>>> 
>>> 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.
>>> 
>>> Yours in liberty,
>>> Nick
>> _______________________________________________
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