<html><head></head><body style="word-wrap: break-word; -webkit-nbsp-mode: space; -webkit-line-break: after-white-space; "><div><span class="Apple-tab-span" style="white-space:pre"> </span>Caryn, thank you for taking the trouble to so eloquently lay this out for us, and for taking the lead on a politically unpleasant duty. <b>I will co-sponsor along with Daniel. </b></div><div><br></div><div><span class="Apple-tab-span" style="white-space:pre"> </span>I'm not sure who if anyone from the Johnson/Weld campaign reads this list, or who is their preferred contact for these matters, but Gary Johnson and Bill Weld should be advised that we have issues and they should not sign the documents yet. </div><div><br></div><div><span class="Apple-tab-span" style="white-space:pre"> </span>Nick, since you've been in touch with them perhaps it makes sense for you to pass along that info? I hope you'll do so ASAP or let us know so an alternate contact can be made; we obviously don't want to take the candidates' time or engender confusion by their signing something that may not be final.</div><div><br></div><div><span class="Apple-tab-span" style="white-space:pre"> </span>Question: Does the clause in the contract that allegedly requires perpetual(?) secrecy also apply to the Joint Fundraising Agreement document, or may we at least see that document while we sort out the issues with the contract?</div><div><br></div><div><span class="Apple-tab-span" style="white-space:pre"> </span>Who all has seen these documents? If you have seen one or both of them, please weigh in with your understanding of what they require or do not require regarding secrecy.</div><div><br></div><div>Love & Liberty,</div><div> ((( starchild )))</div><div>At-Large Representative, Libertarian National Committee</div><div> (415) 625-FREE</div><div><br></div><br><div><div>On Sep 20, 2016, at 1:06 AM, Caryn Ann Harlos wrote:</div><br class="Apple-interchange-newline"><blockquote type="cite">Yes Arvin and rescind any signatures already executed <span></span><br><br>On Tuesday, September 20, 2016, Arvin Vohra <<a href="mailto:votevohra@gmail.com">votevohra@gmail.com</a>> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><p dir="ltr">This would be to remove the authority previously granted the chair to sign the contract, correct?</p>
<div class="gmail_extra"><br><div class="gmail_quote">On Sep 20, 2016 1:59 AM, "Daniel Hayes" <<a href="javascript:_e(%7B%7D,'cvml','danielehayes@icloud.com');" target="_blank">danielehayes@icloud.com</a>> wrote:<br type="attribution"><blockquote class="gmail_quote" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0.8ex; border-left-width: 1px; border-left-color: rgb(204, 204, 204); border-left-style: solid; padding-left: 1ex; position: static; z-index: auto; "><div dir="auto"><div>I was told there would be a sunset on the silence after the inauguration. If that is not the case, I have to wonder what else I was told that was in there might be in there. I can't find out until I sign away my voice. I am disturbed.</div><div><br></div><div>I will cosponsor this motion to rescind something previously adopted.</div><div><br></div><div><br></div><div>Daniel Hayes </div><div>LNC At Large Member<br><br>Sent from my iPhone</div><div><br>On Sep 19, 2016, at 11:16 PM, Caryn Ann Harlos <<a href="javascript:_e(%7B%7D,'cvml','carynannharlos@gmail.com');" target="_blank">carynannharlos@gmail.com</a>> wrote:<br></div><blockquote type="cite"><div><div dir="ltr"><p class="MsoNormal">Fellow LNC members, it is with great regret that I have to
present this Motion and ask for support, but I feel this is our duty – our duty
to our Bylaws, this Party, and its members.
I will give my narrative support following.</p><p class="MsoNormal"><b>Move to rescind the
authority granted to the Chair to negotiate and execute a campaign contract and
the Joint Fundraising Agreement and rescind any signatures already executed.</b></p><p class="MsoNormal">Procedurally, I note I voted to grant this authority and
thus have standing to bring this Motion. I note the contract has not yet been signed by the campaign, and thus, there is no agreement. This motion should put the campaign on notice that there is a dispute in the LNC, but at least one member.</p><p class="MsoNormal">To recap the events of the last few days. On Friday we learned that the Chair had
signed a campaign contract and the Joint Fundraising Agreement with the
campaign and that he had decided, upon advice of counsel, to keep them
confidential until Inauguration Day.
When I requested to see the documents, I was presented with an NDA, and
this whole thing began. It is, to me,
without dispute, that we agreed to keep the negotiations confidential until
they were signed but were silent on any silence afterwards. On these grounds and the over-reach of the
NDA, I refused to sign it. I asked if
the contract itself required confidentiality until Inauguration Day as arguably
we granted the authority to negotiate that term when we granted this authority
to the Chair. On Saturday, at 14:28CDT,
the Chair responded to me and us that this provision to keep the contract
confidential was NOT a provision of the contract but was a decision reached
unilaterally by him on advice of counsel.
Starchild and I objected that the Chair did not have this authority and that
such would require a vote of the LNC in Executive Session or otherwise. Starchild in fact proposed a Motion for that
very thing. However, a mere forty
minutes after advising me that the contract did not contain such a provision,
the Chair advised us that the contract did, in fact, contain an eternal secrecy
clause, a fact which he verified with counsel today. When I saw all this happening, and in light
of my earlier lack of information in which any earlier agreements would be
rendered null, I formally withdrew my request to see the documents until these
issues could be resolved.</p><p class="MsoNormal">This should be very disturbing, because one thing has become
patently clear. <i>The Chair did not know
there was an eternal secrecy clause in the contract when he signed it. </i> There is then quite obviously some negligence
here. I do not know if it is negligence
of the Chair or professional negligence of LNC counsel to advise of all the
potential and reasonable implications, but a contract was signed in complete
ignorance of one of the key terms. This
is unacceptable and is reason enough for the LNC to take control of this
situation and rescind the authority and the signatures. I argue that it is our fiduciary duty to do
so.</p><p class="MsoNormal">But let’s put that reason aside, though that is
justification enough. Let’s stipulate
that the Chair and LNC counsel knew full well that there was an eternal secrecy
provision and went ahead with it. Such a
provision must be repudiated as it usurps and abrogates our rights and
privileges as Committee members to be able to publicly enforce our Bylaws and
represent our members, and further is in direct conflict with our fiduciary
duty to this Party, its members, and our Bylaws. How so?
Well I can think of a few ways it is possible, and this is not intended
to be exhaustive as the unknown can contain quite a few subjunctives.</p><p class="MsoNormal">Does the contract create potential financial liabilities for
the current committee, its members, or future committees? If the answer is
"I can't tell you" unless I waive my rights, the contract makes the
budgetary process impossible and thus we abrogate our public duties.</p><p class="MsoNormal">Does the contract create potential liabilities that could be
visited on state affiliates that are not separately incorporated? If the answer
is "I can't tell you,” why should that be believed? Why should the state affiliates and members,
who can never see it, be assured?</p><p class="MsoNormal">Does the contract potentially violate the Statement of
Principles? Well if I am sworn to
secrecy, I have lost my right to press this case to the Judicial Committee and through the
appeal process in the Bylaws (as well as the same right of the membership),
then such rights are rendered null and void making a mockery of our Bylaws.</p><p class="MsoNormal">I would also note that this completely hobbles the
membership from being able to judge for itself if either side is upholding
their sides of the bargain. It is opaque
and completely unaccountable. It further
prevents the members from using the lessons learned from the successes and
failures of this contract (as all things can be improved on) in negotiating and
crafting future contracts with future campaigns and thus is a complete
abrogation of our duty to the future of this Party and the members’ rights to
ensure the same.</p><p class="MsoNormal">There is the further issue that I am being ask to agree to a
secrecy provision in order to see the contract to judge for myself whether it
is there, in effect having to “pass it, to see what is in it” and to
proactively waive my rights and bind myself to a repellant stipulation. This is the way the corrupt state and duopoly
behave, and should not be the way the Libertarian Party is conducted.</p><p class="MsoNormal">Lastly, this is indeed a rumour, but it was told to me, and
I have to, in the discharge of my duties consider it- no matter how incredible,
if there is any chance that it could be the case, particularly since I have to
waive my rights to ascertain for myself, a source, allegedly from within the
campaign, has relayed that there is a eternal non-disparagement clause in the
contract. I find that difficult to
believe (but I would have earlier thought the idea of an eternal secrecy cause
to be ridiculous), and if so, absolutely repellant to the Libertarian
principles we are supposed to be upholding in our modeling of transparency and
integrity to the watching world, but if there was, I couldn’t tell anyone. And without waiving my rights, I cannot even
know if I am supposed to be bound to any such thing. And if anything was done by the campaign (and
I am NOT alleging anything would be) that while legal would be against our
principles or our duty to the Party, I would be unable to say so to the
membership nor pursue any redress. I do not think our Chair would ever agree to such a thing. But .... an eternal secrecy clause was agreed to unknowingly, how do I know this wasn't too? Or what other clause that I cannot even imagine, and once I learn of it, I am bound to silence to the grave? This
is unacceptable. </p><p class="MsoNormal">All of this is reason enough. I have no desire to put a target on my back,
and I literally am sick about this, but my duty compels me to protect rights
and duties and the integrity of our judgment and our Party Bylaws, and
potentially, our Statement of Principles which is the only charter for our
existence. I feel I have been put in an impossible situation.</p><p class="MsoNormal">I want to be perfectly clear here. This is NOT about the
campaign. Anyone who uses this email to attack or belittle is doing so against
my express intent. This is ONLY about the LNC, its rights and duties, and the
members’ rights. This is on our doorstep
and no one else. We have only ourselves
to praise or blame.</p>
<div><br></div>-- <br><div><div dir="ltr"><div><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div><font size="4" face="arial, helvetica, sans-serif" color="#666666"><b>In Liberty,</b></font></div><div><font size="4" face="arial, helvetica, sans-serif" color="#666666"><b>Caryn Ann Harlos</b></font></div><div><font size="1">Region 1 Representative, Libertarian National Committee </font><span style="font-size:x-small">(Alaska, Arizona, Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - <a href="javascript:_e(%7B%7D,'cvml','Caryn.Ann.Harlos@LP.org');" target="_blank">Caryn.Ann. Harlos@LP.org</a></span></div><div><span style="font-size:x-small">Communications Director, <a href="http://www.lpcolorado.org/" target="_blank">Libertarian Party of Colorado</a></span></div><div><span style="font-size:x-small">Colorado State Coordinator, <a href="http://www.lpradicalcaucus.org/" target="_blank">Libertarian Party Radical Caucus</a></span></div><div><br></div><div><br></div></div></div></div></div></div></div></div>
</div>
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