June 2012 - Lnc-business - Moellman Enterprises Email

Motion for the July 15th 2012 LNC meeting - on Potential Conflicts of Interest
by Geoffrey Neale 02 Jul '12

02 Jul '12

I move that the following be added to the Policy Manual(I don't know where it should be inserted): The Secretary shall maintain a register of all declared potential conflicts of interest by LNC members. This register will be presented and distributed to all LNC members at each regular LNC meeting. My reason: I cannot perform my duty as it regards to identifying potential conflicts of interest without a coherent list. I also cannot tell where this language should be inserted into the Policy Manual, because I don't get how and why it's structured. Geoffrey Neale

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Motion for the July 15th 2012 LNC meeting - moment of reflection
by Geoffrey Neale 02 Jul '12

02 Jul '12

I move that the following section of the Policy Manual (1.02.2) under "Opening Ceremony": "Moment of Reflection" Be deleted. My reasons - I find no business value to the LP for this being placed on the "template" agenda. Every member of the LNC and the gallery have ample opportunity to reflect as long as they want, for whatever reason they want, whenever they want, outside the confines of the agenda. Geoffrey Neale

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Potential conflicts of ineterest
by Geoffrey Neale 30 Jun '12

30 Jun '12

This is an ill-defined section of our Policy Manual. The Bylaws do not specify conflicts of interest at all. Neither does the Platform. So why is it in the Policy Manual? The authority for us to set rules that constrain the LNC is contained in the Bylaws under Section 8.1: "The National Committee shall have control and management of all the affairs, properties and funds of the Party consistent with these Bylaws. The Libertarian National Committee shall establish and oversee an organizational structure to implement the purposes of the Party as stated in Article 3. The National Committee shall adopt rules of procedure for the conduct of its meetings and the carrying out of its duties and responsibilities. The National Committee may delegate its authority in any manner it deems necessary." It is important for us as a body to avoid the appearance of impropriety. When it comes to conflict of interest, we are expected to act on behalf of the best interests of the LP, and to not act in a way that benefits us personally, or benefits the interests of outside groups, organizations or business at the expense of LP interests. In order to avoid the appearance of impropriety in this regard, I feel we should each disclose any relationship that could be questionable, even if the individual actions related to the potential conflict of interest are not. In my opinion, this means that if you are an officer or board member of an affiliate party, or are an officer or a board member of another organization with an ongoing relationship with the LP, or are a vendor, or are married to someone with a similar relationship, or receive income or benefit from any of the above, the potential conflict of interest should be reported. This does not mean that you do have a conflict of interest. I know for a fact that HQ purchases items from a company owned by an LNC member, but that the purchases are at "arms-length", and the LNC has not, to date, discussed or voted on these specific expenditures. These are made by staff, who have selected to use this vendor through a competitive process where the member played no part. For this member to vote on a budget line from which the purchases are made does not represent a conflict of interest, but it should be reported. If you sit on the board of Advocates for Self-Government, and staff routinely purchases items from them, that does not represent a conflict of interest, but you should report this as a potential conflict of interest. If we vote directly to purchase $10K of material, I suggest you recuse yourself from debate and voting. If we vote to budget $300K for ballot access, and your state might receive some of these funds, I do not believe you have a conflict of interest. Now let's suppose Bill Redpath proposes an encumbrance of $20K for your state, and you're the state chair. This is a conflict of interest, and I would expect you to recuse yourself from debate and voting on the motion. In absence of any real guidance in the Policy Manual, I'm setting out what I think. In the absence of real guidance, I will have to rule on instances like this. Please feel free to challenge me if and when it comes up. Remember that it's all about managing the appearance of impropriety. Geoffrey Neale

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Vegas LNC meeting schedule - starts Sunday July 15th at 8AM.
by Geoffrey Neale 26 Jun '12

26 Jun '12

I have not submitted the agenda, but I can give you the schedule. Of course the schedule is really quite flexible, and subject to what the entire LNC chooses. The only thing I will be picking is the start time on Sunday July 15th. Please note that I intend to start the meeting at 8AM. Really. That is early, but not if you're in a Central or Eastern time zone circadian rhythm - it will seem like 10AM or 11AM respectively. I know I'll be awake around 5AM, and will start to get tired by late afternoon Vegas time. We will take appropriate breaks as moved and approved by the LNC. I would like to get through all of our business on Sunday, leaving Monday for strategy, planning and discussion. I may be a dreamer, but . . . I intend on giving minimal time to every agenda item on a very simple principle - talk tends to expand to fill allotted time. Also, I believe that many members have their minds made up on motions, and a few people keep discussing, even if just to add more reasons to vote for something that would already pass. This does not mean I intend to stifle debate - I do not. Every one of you can "call the question" at any time, and I will respect your right to do so, regardless of the reason why. Additionally, a move to limit or extend debate is an appropriate motion that requires 2/3 to pass. This means that debate will be extended only if 2/3 want to keep on debating. Please note from this that it is also in order to limit debate. This means that if you feel that we've given too much time on the agenda item that is on the floor, then you can move to limit the amount of time (shorten it). However, you cannot use this method to eliminate all remaining time, thereby ending debate. The way you do that is with a motion to "call the question". Geoffrey Neale

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Motion for the July 15th 2012 LNC meeting - on fillingh vacancies
by Geoffrey Neale 24 Jun '12

24 Jun '12

I move that the following be added to the Policy Manual (I don't know where it belongs): Filling Vacancies on the LNC. In the event of a vacancy in the Vice-Chair, Secretary, Treasurer or one or more At-Large positions, the following procedure shall be used to permanently fill the vacancy. 1. Notice will be given via e-mail to all sustaining members and the state chairs of the vacancy, informing of the vacancy, the duties and obligations of the office, the procedure to apply for consideration, and the qualifications to meet eligibility. 2. Any member that meets the qualifications for the office as stated in the Bylaws on the date of their submission will be considered a candidate by the LNC. 3. Notice must be given at least 30 days prior to the LNC meeting at which the vacancy will be filled, and no vacancy can be filled without this notice being given. 4. Submissions must be received by the Secretary at least 14 days prior to the LNC meeting at which the vacancy is filled. 5. Staff will verify that candidates are eligible to serve, and the Secretary will distribute the list of eligible candidates to the LNC at least seven days prior to the LNC meeting at which the vacancy will be filled. 6. All LNC members are eligible for consideration, but they must follow the same procedure as non-members in order to be considered. 7. Filling vacancies on the LNC shall be conducted as part of the credentials report agenda item. 8. Candidates that attend the LNC meeting at which the vacancy will be filled shall be given two minutes to address the LNC prior to the election. 9. If more than one vacancy is being filled, the order of election shall be the same as specified in the Convention Rules. 10. If more than one At-Large vacancy is being filled, there shall be a single election with ranked results, except in cases where a subsequent ballot is required to break a tie. In those cases, the subsequent ballot shall only include the candidates that represent the tie. 11. All votes by the LNC to fill vacancies will be recorded. In the event of vacancies in the Secretary or Vice-Chair, the EC shall appoint a temporary chair from the current LNC members to fill the role until a permanent replacement is chosen. My reason - openness, not transparency. Geoffrey Neale

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Policy Manual Motion - Treasurer Report
by Tim Hagan 24 Jun '12

24 Jun '12

I am submitting the following motion for the July meeting. Will leave it up to the Chair whether he wants the motion to be handled during the Officers Reports or under New Business. The motion will remove the laundry list of required monthly reports. Currently, the LNC is getting redundant information. For example, the New Donor and Renewed Donor charts duplicate the staff's monthly membership reports. The effect of this motion is to give the Treasurer latitude to report the information that the LNC needs for its managerial decisions. In Section 2.03, Subsection 11, second paragraph, delete the second sentence and all of the bullets. The subsection would then read: 11) Treasurer's Reports No later than 45 days after each calendar quarter, the Treasurer shall prepare a quarterly Treasurer's Report to be mailed to any sustaining member who either was a delegate at the most recent regular convention or requests such report. No later than the end of each calendar month, the Treasurer shall prepare a monthly Treasurer's Report to the LNC reflecting the Party's financial position and the results of its operations through the previous calendar month. Tim Hagan Treasurer

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A point of protocol
by Geoffrey Neale 24 Jun '12

24 Jun '12

Motions that are placed on the agenda do not require a second, since they are agenda items, not actual motions. The motions themselves will be made at the appropriate time at the LNC meeting. A second and subsequent debate and amendments to the motions would be in order at that time. It is not necessary for procedural purposes to second at this time, and the seconds are not in order (as opposed to out of order), because we're not in session, and there is no motion currently on the floor, because we're not in session. These items will be on the agenda because they meet the requirements to be so placed within our Policy Manual, which requires that the entire LNC be informed of the motion to be placed on the floor in order to be included in the agenda. I do appreciate the feedback, and welcome discussion, but the discussion should be distributed on the LNC Discuss list, since discussion related to these items is not business, and the motions and subsequent discussions will be in open session, recorded, and decided at the next LNC meeting. Geoffrey Neale

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Motion for the July 15th 2012 LNC meeting - on the name of the Audit Committee
by Geoffrey Neale 24 Jun '12

24 Jun '12

I move that the Audit Committee be renamed to the Audit Oversight Committee, and all references in the Policy Manual be changed accordingly. My reason: Clarity is good and additive. The Audit Committee does not audit - it oversees the audit. Geoffrey Neale

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Motion for the July 15th 2012 LNC meeting - on Main Motions
by Geoffrey Neale 24 Jun '12

24 Jun '12

I move that the following section of the Policy Manual (1.02.7): 7) Motion Protocol - Main motions must be submitted in writing to the Chair before being moved. Be deleted. My reason: The Chair and/or Secretary has the discretion under Robert's to require this. However, the above does not address amendments, substitutions, etc. Therefore, someone could make a motion to "Rename the Audit Committee to the Audit Oversight Committee", and it would have to be in writing, but someone else could move to amend to add sixteen pages of text, and then the Chair and/or Secretary could require that amendment to be in writing, but the Policy Manual would not require it. I find this section to be useless, and the discretion to require it as appropriate to the motion being moved exists without this. Geoffrey Neale

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Motion for the July 15th 2012 LNC meeting - on submitting motions
by Geoffrey Neale 24 Jun '12

24 Jun '12

I move that the following section of the Policy Manual (1.02.1): "transmitting this intention by an e-mail to the entire LNC at least 21 days prior to the session with the full text of the motion to be submitted" Be replaced by: "send the complete language of the motion to the entire LNC by e-mail at least 7 days prior to the session" My reasons - the current language is bulky, and seven days is sufficient enough for inclusion, whereas 21 days seems punitive. Geoffrey Neale

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