[Lpk-execomm] D2 motions

Thu Dec 6 05:25:14 EST 2018

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-dRNQXPaeY/edit
>>>> 
>>>> 
>>>> I am seeking a second.
>>>> 
>>> 
>>> _______________________________________________
>>> Lpk-execomm mailing list
>>> Lpk-execomm at lists.lpky.org
>>> http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
> 
> _______________________________________________
> Lpk-execomm mailing list
> Lpk-execomm at lists.lpky.org
> http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm