Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion: IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS: (1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND (2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP... I am seeking a second. -- Ken C. Moellman, Jr. LPKY State Party Treasurer
Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time. Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take. Between now and our next meeting I suggest we concentrate on accomplishing things that really matter: * Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district. - John Hicks District 3 Chair (at least until the next meeting) On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote:
Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion:
IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS:
(1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND
(2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP...
I am seeking a second.
John, While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now. The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines: * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C). D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party. I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary. D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3. I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice? As to the other items listed, germane to my role and what I've been doing in the background: * The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready. * I have prepared a Draft Budget as required by the Bylaws. * If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse. * Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know. --- Ken C. Moellman, Jr. LPKY State Party Treasurer On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote:
Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time.
Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take.
Between now and our next meeting I suggest we concentrate on accomplishing things that really matter:
* Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district.
- John Hicks
District 3 Chair (at least until the next meeting)
On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote:
Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion:
IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS:
(1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND
(2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP...
I am seeking a second.
_______________________________________________ Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
Fellow members of the Executive Committee of the Libertarian Party of Kentucky: Despite what one of our members says, all the District Parties remain in compliance with our governing documents until the Executive Committee (not the Treasurer or any other single member of the committee) finds one or more districts to be out of compliance. No such finding has taken place. It is up to the Secretary of the Executive Committee, not the Treasurer, to receive correspondence directed to the committee and present it at the next meeting of the committee. No such meeting has taken place. We will not, as a committee, know which districts have transmitted their convention plans until the Secretary makes that report. This is not an appropriate time to dismantle the Libertarian Party of Kentucky. I believe it is worth fighting for. I hope the rest of you will join me. Thank you, John Hicks D3 Chair 502-509-5098 On 12/06/2018 02:25 AM, Ken Moellman wrote:
John,
While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now.
The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines:
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html
D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C).
D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party.
I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary.
D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3.
I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice?
As to the other items listed, germane to my role and what I've been doing in the background:
* The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready.
* I have prepared a Draft Budget as required by the Bylaws.
* If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse.
* Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know.
--- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote:
Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time.
Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take.
Between now and our next meeting I suggest we concentrate on accomplishing things that really matter:
* Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district.
- John Hicks
District 3 Chair (at least until the next meeting)
On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote:
Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion:
IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS:
(1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND
(2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP...
I am seeking a second.
_______________________________________________ Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
John, et al - The Constitution overrides the desires of any individual member of the Executive Committee, or the desires of the Executive Committee as a whole. The Constitution outlines what IS. We cannot suspend the Constitution. In this instance, the Constitution provides the ability of the State Party Executive Committee to act to rectify it. Mr. Dillingham reached out to me, informed me of their failure to hold a meeting on November 24th or pass a convention plan prior to the 17th, and asked for my help to rectify it. I worked with Mr. Dillingham to fix it. This motion is the work product of solving that problem. That is the motion I bring forth - rectification of D2, in accordance with our Constitution, to prevent its disbanding. If anyone wants to argue over compliance of D3 or D5, it's not really germane to the motion. We can do that another time; wait until December 13th, or whenever. --- Ken C. Moellman, Jr. LPKY State Party Treasurer On 2018-12-06 02:46, John Hicks via Lpk-execomm wrote:
Fellow members of the Executive Committee of the Libertarian Party of Kentucky:
Despite what one of our members says, all the District Parties remain in compliance with our governing documents until the Executive Committee (not the Treasurer or any other single member of the committee) finds one or more districts to be out of compliance. No such finding has taken place.
It is up to the Secretary of the Executive Committee, not the Treasurer, to receive correspondence directed to the committee and present it at the next meeting of the committee. No such meeting has taken place. We will not, as a committee, know which districts have transmitted their convention plans until the Secretary makes that report.
This is not an appropriate time to dismantle the Libertarian Party of Kentucky. I believe it is worth fighting for. I hope the rest of you will join me.
Thank you,
John Hicks
D3 Chair
502-509-5098
On 12/06/2018 02:25 AM, Ken Moellman wrote:
John,
While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now.
The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines:
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html
* http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html
D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C).
D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party.
I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary.
D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3.
I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice?
As to the other items listed, germane to my role and what I've been doing in the background:
* The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready.
* I have prepared a Draft Budget as required by the Bylaws.
* If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse.
* Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know.
--- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote:
Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time.
Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take.
Between now and our next meeting I suggest we concentrate on accomplishing things that really matter:
* Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district.
- John Hicks
District 3 Chair (at least until the next meeting)
On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote:
Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion:
IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS:
(1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND
(2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP...
I am seeking a second.
_______________________________________________ Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
_______________________________________________ Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
I disagree with Mr Moelman’s reading of the Constitution. There is a third option available, which is what we did last year when affiliates failed to do their convention plans on time: “The State Executive Committee, at its discretion, may provide notice of the Affiliate Party of its failure to hold a proper convention, and give the Affiliate Party not more than sixty (60) days to call and hold a proper convention, even if those dates are outside of the limits contained herein; in the event the issue is not corrected within the sixty (60) day period, the State Party Executive Committee shall disband the affiliate party.” I suggest we use that option at our next meeting for non compliant affiliates so we are not punitively blowing them up and wasting time reorganizing parties that could otherwise be used to build the parties and advance a statewide ticket next year. -Chris p.s. I wanted to apologize in advance for not being the most engaged lately. I have had three significant multi day and multi week trials in less than 2 months and I am totally slammed. I got one of the three done last week and have the second next week. I am going to try and get some party stuff done between trial 2 and 3 and will try and work to finalize elections committee stuff in the next couple days. Sent from my iPhone
On Dec 6, 2018, at 5:25 AM, Ken Moellman via Lpk-execomm <lpk-execomm@lists.lpky.org> wrote:
John, et al -
The Constitution overrides the desires of any individual member of the Executive Committee, or the desires of the Executive Committee as a whole. The Constitution outlines what IS. We cannot suspend the Constitution. In this instance, the Constitution provides the ability of the State Party Executive Committee to act to rectify it.
Mr. Dillingham reached out to me, informed me of their failure to hold a meeting on November 24th or pass a convention plan prior to the 17th, and asked for my help to rectify it. I worked with Mr. Dillingham to fix it. This motion is the work product of solving that problem.
That is the motion I bring forth - rectification of D2, in accordance with our Constitution, to prevent its disbanding.
If anyone wants to argue over compliance of D3 or D5, it's not really germane to the motion. We can do that another time; wait until December 13th, or whenever.
--- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 02:46, John Hicks via Lpk-execomm wrote: Fellow members of the Executive Committee of the Libertarian Party of Kentucky: Despite what one of our members says, all the District Parties remain in compliance with our governing documents until the Executive Committee (not the Treasurer or any other single member of the committee) finds one or more districts to be out of compliance. No such finding has taken place. It is up to the Secretary of the Executive Committee, not the Treasurer, to receive correspondence directed to the committee and present it at the next meeting of the committee. No such meeting has taken place. We will not, as a committee, know which districts have transmitted their convention plans until the Secretary makes that report. This is not an appropriate time to dismantle the Libertarian Party of Kentucky. I believe it is worth fighting for. I hope the rest of you will join me. Thank you, John Hicks D3 Chair 502-509-5098
On 12/06/2018 02:25 AM, Ken Moellman wrote: John, While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now. The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines: * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C). D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party. I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary. D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3. I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice? As to the other items listed, germane to my role and what I've been doing in the background: * The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready. * I have prepared a Draft Budget as required by the Bylaws. * If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse. * Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know. --- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote: Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time. Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take. Between now and our next meeting I suggest we concentrate on accomplishing things that really matter: * Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district. - John Hicks District 3 Chair (at least until the next meeting)
On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote: Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion: IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS: (1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND (2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP... I am seeking a second.
Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
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Continuing with the possibly out-of-order discussion before a second... The foregoing discussion makes clear several things we agree on - 1. We don't want any of the district parties disbanded or made unofficial. 2. We have rules that we're obliged to follow, both for our own integrity and to protect ourselves from political attacks / legal challenges. 3. We have some conflicting and/or confusing rules in the constitution that make this more challenging. 4. We'd all prefer to move forward on business that actually matters. It is my personal preference that we solve this in the simplest possible way that is in a good faith effort to comply with the relevant rules. Utilizing the provision that Chris provided at the next meeting, with a vote that passes regardless of the status of the chairs of those districts, seems to be the cleanest way to manage this. Proceeding with Ken's motion also appears to be a reasonable choice, if doing so outside the call is proper. -Chris --- CHRIS DILLINGHAM _LPKY District 2 Chair_ On 2018-12-06 07:51, Chris Wiest Law via Lpk-execomm wrote:
I disagree with Mr Moelman’s reading of the Constitution.
There is a third option available, which is what we did last year when affiliates failed to do their convention plans on time:
“The State Executive Committee, at its discretion, may provide notice of the Affiliate Party of its failure to hold a proper convention, and give the Affiliate Party not more than sixty (60) days to call and hold a proper convention, even if those dates are outside of the limits contained herein; in the event the issue is not corrected within the sixty (60) day period, the State Party Executive Committee shall disband the affiliate party.”
I suggest we use that option at our next meeting for non compliant affiliates so we are not punitively blowing them up and wasting time reorganizing parties that could otherwise be used to build the parties and advance a statewide ticket next year.
-Chris
p.s. I wanted to apologize in advance for not being the most engaged lately. I have had three significant multi day and multi week trials in less than 2 months and I am totally slammed. I got one of the three done last week and have the second next week. I am going to try and get some party stuff done between trial 2 and 3 and will try and work to finalize elections committee stuff in the next couple days.
Sent from my iPhone
On Dec 6, 2018, at 5:25 AM, Ken Moellman via Lpk-execomm <lpk-execomm@lists.lpky.org> wrote:
John, et al -
The Constitution overrides the desires of any individual member of the Executive Committee, or the desires of the Executive Committee as a whole. The Constitution outlines what IS. We cannot suspend the Constitution. In this instance, the Constitution provides the ability of the State Party Executive Committee to act to rectify it.
Mr. Dillingham reached out to me, informed me of their failure to hold a meeting on November 24th or pass a convention plan prior to the 17th, and asked for my help to rectify it. I worked with Mr. Dillingham to fix it. This motion is the work product of solving that problem.
That is the motion I bring forth - rectification of D2, in accordance with our Constitution, to prevent its disbanding.
If anyone wants to argue over compliance of D3 or D5, it's not really germane to the motion. We can do that another time; wait until December 13th, or whenever.
--- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 02:46, John Hicks via Lpk-execomm wrote: Fellow members of the Executive Committee of the Libertarian Party of Kentucky: Despite what one of our members says, all the District Parties remain in compliance with our governing documents until the Executive Committee (not the Treasurer or any other single member of the committee) finds one or more districts to be out of compliance. No such finding has taken place. It is up to the Secretary of the Executive Committee, not the Treasurer, to receive correspondence directed to the committee and present it at the next meeting of the committee. No such meeting has taken place. We will not, as a committee, know which districts have transmitted their convention plans until the Secretary makes that report. This is not an appropriate time to dismantle the Libertarian Party of Kentucky. I believe it is worth fighting for. I hope the rest of you will join me. Thank you, John Hicks D3 Chair 502-509-5098
On 12/06/2018 02:25 AM, Ken Moellman wrote: John, While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now. The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines: * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C). D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party. I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary. D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3. I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice? As to the other items listed, germane to my role and what I've been doing in the background: * The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready. * I have prepared a Draft Budget as required by the Bylaws. * If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse. * Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know. --- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote: Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time. Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take. Between now and our next meeting I suggest we concentrate on accomplishing things that really matter: * Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district. - John Hicks District 3 Chair (at least until the next meeting)
On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote: Our Constitution ( https://lpky.org/about/governance/ ) requires that a party submit a Convention Plan by certain deadlines (that do not make much sense with language that sometimes conflicts with itself and is difficult to read and follow). The penalty for an affiliate party failing to comply is the dissolution of that party, unless the State Party Executive Committee takes definitive action. Therefore, in accordance with our State Party Constitution, and to avoid the dissolution of D2, I make the following motion: IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES TWO JOINT ACTIONS: (1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER ARTICLE VI: SECTION 2; AND (2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE CONVENTION PLAN IS LOCATED AT: https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP... I am seeking a second.
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I was trying to find the easiest way with the fewest questions. The this third way introduces some questions: 1. Who is currently on the State Party Executive Committee now? The Constitution automatically triggers disbanding unless the SPEC takes action. It's not a matter of doing anything - it just happens, and it has happened. Meanwhile, District Chairs are on the State Party Executive Committee as a matter of being chair of an existing affiliate party. If the affiliate party is in defunct status (without EC action to restore/preserve it), then there is no chair (or EC) of that affiliate party. 2. Can the affected District chairs participate in the upcoming meeting? Even if we fix it during the meeting, the meeting has already started. If I recall correctly, RONR would prevent adding them during the meeting that is already under way. This has ramifications for both participation and quorum. 3. I will reiterate that I have some serious concerns over the conflicting, nonsensical timelines in the Constitution under the third way. Default Date versus 60 days versus 45 days. 4. We are delaying announcing other conventions while we wait for the others, when we could be putting out the notices now if everyone was all set. This would provide maximum notice to potential participants and help grow our numbers. Meanwhile, by contrast, the original motion would just make it so, and it would be done. We seem to be making it hard on purpose. --- Ken C. Moellman, Jr. LPKY State Party Treasurer On 2018-12-06 11:50, Chris Dillingham via Lpk-execomm wrote:
Continuing with the possibly out-of-order discussion before a second...
The foregoing discussion makes clear several things we agree on -
1. We don't want any of the district parties disbanded or made unofficial. 2. We have rules that we're obliged to follow, both for our own integrity and to protect ourselves from political attacks / legal challenges. 3. We have some conflicting and/or confusing rules in the constitution that make this more challenging. 4. We'd all prefer to move forward on business that actually matters.
It is my personal preference that we solve this in the simplest possible way that is in a good faith effort to comply with the relevant rules. Utilizing the provision that Chris provided at the next meeting, with a vote that passes regardless of the status of the chairs of those districts, seems to be the cleanest way to manage this. Proceeding with Ken's motion also appears to be a reasonable choice, if doing so outside the call is proper.
-Chris
--- CHRIS DILLINGHAM _LPKY District 2 Chair_
On 2018-12-06 07:51, Chris Wiest Law via Lpk-execomm wrote:
I disagree with Mr Moelman’s reading of the Constitution.
There is a third option available, which is what we did last year when affiliates failed to do their convention plans on time:
“The State Executive Committee, at its discretion, may provide notice of the Affiliate Party of its failure to hold a proper convention, and give the Affiliate Party not more than sixty (60) days to call and hold a proper convention, even if those dates are outside of the limits contained herein; in the event the issue is not corrected within the sixty (60) day period, the State Party Executive Committee shall disband the affiliate party.”
I suggest we use that option at our next meeting for non compliant affiliates so we are not punitively blowing them up and wasting time reorganizing parties that could otherwise be used to build the parties and advance a statewide ticket next year.
-Chris
p.s. I wanted to apologize in advance for not being the most engaged lately. I have had three significant multi day and multi week trials in less than 2 months and I am totally slammed. I got one of the three done last week and have the second next week. I am going to try and get some party stuff done between trial 2 and 3 and will try and work to finalize elections committee stuff in the next couple days.
Sent from my iPhone
On Dec 6, 2018, at 5:25 AM, Ken Moellman via Lpk-execomm <lpk-execomm@lists.lpky.org> wrote:
John, et al -
The Constitution overrides the desires of any individual member of the Executive Committee, or the desires of the Executive Committee as a whole. The Constitution outlines what IS. We cannot suspend the Constitution. In this instance, the Constitution provides the ability of the State Party Executive Committee to act to rectify it.
Mr. Dillingham reached out to me, informed me of their failure to hold a meeting on November 24th or pass a convention plan prior to the 17th, and asked for my help to rectify it. I worked with Mr. Dillingham to fix it. This motion is the work product of solving that problem.
That is the motion I bring forth - rectification of D2, in accordance with our Constitution, to prevent its disbanding.
If anyone wants to argue over compliance of D3 or D5, it's not really germane to the motion. We can do that another time; wait until December 13th, or whenever.
--- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 02:46, John Hicks via Lpk-execomm wrote: Fellow members of the Executive Committee of the Libertarian Party of Kentucky: Despite what one of our members says, all the District Parties remain in compliance with our governing documents until the Executive Committee (not the Treasurer or any other single member of the committee) finds one or more districts to be out of compliance. No such finding has taken place. It is up to the Secretary of the Executive Committee, not the Treasurer, to receive correspondence directed to the committee and present it at the next meeting of the committee. No such meeting has taken place. We will not, as a committee, know which districts have transmitted their convention plans until the Secretary makes that report. This is not an appropriate time to dismantle the Libertarian Party of Kentucky. I believe it is worth fighting for. I hope the rest of you will join me. Thank you, John Hicks D3 Chair 502-509-5098
On 12/06/2018 02:25 AM, Ken Moellman wrote: John, While technically out of order to discuss this without a second, I'd like to clarify where I believe we are right now. The timelines to submit a convention plan have passed. Multiple messages were sent to this list, prior to the trigger dates, warning of the looming deadlines: * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000005.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000008.html * http://hq.lp.org/pipermail/lpk-execomm/2018-November/000009.html D2, D3, and D5 failed to submit such plan in accordance with the Constitution (Article VII Section 1 B), and under the automatic triggers under the Constitution, they are automatically disbanded unless the Executive Committee takes action to restore them by "temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date" (Article VII Section 1 C). D2 has submitted a plan which complies with all of the various triggers and provisions in the Constitution. They have a complete convention plan to hold a convention on the Default Date, and as such I am moving to use the provision in Article VII Section 1 C i to re-instate, through "temporary appointment", the Executive Committee of the D2 party as it existed (with the caveat that it was legal to begin with) in order to preserve D2 as an affiliate party. I'm specifically making the motion, rather than Mr. Dillingham, as it could be contended that the Chairs of D2, D3, and D5 do not currently sit on the State Party Executive Committee, since their parties are technically currently disbanded without State Party Executive Committee action to the contrary. D3 submitted a plan after the deadlines passed, and that plan does not utilize the Default Date. The provision in Article VII Section 1 C i requires that the Default Date be used. If that date were used, I'd be making a similar motion for D3. I know people get annoyed with rules, and I don't like the rules as they exist, either. But if we don't follow our own rules regarding ensuring our members are given notice to participate in our conventions, are we not hypocrites when we complain about government not following its rules against violating our rights or giving us proper notice? As to the other items listed, germane to my role and what I've been doing in the background: * The CRM migration is completed, minus a couple of import issues that are being corrected, and we now have a master list of contacts. I merged a bunch of data together, totaling about 24 hours of actual work to combine multiple voter lists and other sources of contact data, including old data lost by the previous administration, in order of its age (oldest to newest), to have the best data we could have. The accompanying website facelift is mostly completely, as well. The back-end technicals are ready. * I have prepared a Draft Budget as required by the Bylaws. * If an affiliate party exists and has a bank account, I can disburse. I now have the exact amounts per district calculated. I would like a motion to permit me to disburse the full amounts to prevent excessive KREF reporting. But if a district party doesn't exist, or doesn't have a bank account, then there's nothing to disburse. * Now that we're in the CRM, the membership rosters should be easier to generate. That's not my role, but that's what I know. --- Ken C. Moellman, Jr. LPKY State Party Treasurer
On 2018-12-06 01:00, John Hicks via Lpk-execomm wrote: Someone has suggested we reappoint the D2 Executive Committee. It is premature to take any such action at this time. Instead, at our next meeting of the state executive committee, the committee should determine whether there are any districts which have not yet submitted a convention plan. Only then should we decide on any next appropriate step to take. Between now and our next meeting I suggest we concentrate on accomplishing things that really matter: * Preparing for statewide races next year * Building our party membership (probably by targeting registered Libertarians). * Disbursing the state funds that are due our districts. * Getting up-to-date member rosters to each district. - John Hicks District 3 Chair (at least until the next meeting) > On 12/05/2018 11:39 PM, Ken Moellman via Lpk-execomm wrote: > Our Constitution ( https://lpky.org/about/governance/ ) requires > that a party submit a Convention Plan by certain deadlines (that > do not make much sense with language that sometimes conflicts > with itself and is difficult to read and follow). The penalty for > an affiliate party failing to comply is the dissolution of that > party, unless the State Party Executive Committee takes > definitive action. Therefore, in accordance with our State Party > Constitution, and to avoid the dissolution of D2, I make the > following motion: > IN ACCORDANCE WITH THE LIBERTARIAN PARTY OF KENTUCKY > CONSTITUTION, THE STATE PARTY EXECUTIVE COMMITTEE HEREBY TAKES > TWO JOINT ACTIONS: > (1) THE REAPPOINTMENT OF ANY MEMBER OF THE EXECUTIVE COMMITTEE OF > THE LIBERTARIAN PARTY OF KENTUCKY 2ND DISTRICT WHO IS A VOTING > MEMBER QUALIFIED TO SERVE ON THAT EXECUTIVE COMMITTEE UNDER > ARTICLE VI: SECTION 2; AND > (2) ACCEPTS THE CONVENTION PLAN OF THE LIBERTARIAN PARTY OF > KENTUCKY 2ND DISTRICT, WHICH COMPLIES WITH THE DATE, TIME, > LOCATION, EXPENDITURE, REVENUE, AND NOTICE REQUIREMENTS OUTLINED > IN THE STATE PARTY CONSTITUTION UNDER ARTICLE VII: SECTION 1. THE > CONVENTION PLAN IS LOCATED AT: > https://docs.google.com/document/d/1wlUDLLoy8le0URt4vSrtuU6EbIvZx7BA0-dRNQXP... > I am seeking a second. _______________________________________________ Lpk-execomm mailing list Lpk-execomm@lists.lpky.org http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
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participants (4)
-
Chris Dillingham -
Chris Wiest Law -
John Hicks -
Ken Moellman