[Lpk-execomm] A Bylaw to remove at the next meeting

[Ken Moellman]

Section 900.5 does indeed say the body can "amend THESE rules" but lacks
the "what" and part of the "how". What are "these rules"?  All of 900?
All of 900.5? Is there inferred permission (without reference to 900.6
and subject to interpretation) to amend 900.6? And how are they
modified? Is it permanent or temporary amendment?  We modified the rules
from the floor in 2018; was that temporary? Does this provision prevent
the body from creating Standing Convention Rules, as is otherwise
permitted under RONR? 

900.5.7        The third order of business by the Chair shall be the
presentation of THESE RULES by the Rules Committee, as approved by the
State Party Executive Committee, to the convention body, which may
debate, adopt or amend THESE RULES, by a simple majority vote.  Once
approved, these rules may not be further amended, but may be suspended
by a two-thirds (2/3) vote. 

... 

900.6.8        Any amendments proposed or passed at convention, to the
Constitution of the Libertarian Party of Kentucky, shall not take effect
until the moment the Convention adjourns. 

Further, given that it is out of order to suspend bylaws or the
constitution without specific permission being granted in those bylaws
or constitution, it is critical that we remove all potential barriers or
we're going to end up with another incomplete convention with no
resolution.

I do have, in my member-supplied proposal, a catch that if the body is
prevented from amending government documents on the spot due to
Executive Committee created restrictions, that there is a special
convention called immediately after the close of the annual convention,
with any provision created outside convention repealed. It would be nice
if that conversation and debate could be avoided. 

---
Ken C. Moellman, Jr.
LPKY State Party Treasurer 

On 2019-01-31 14:03, chris at cwiestlaw.com wrote: 

> I do not believe that this is necessary.  Section 900 contains DEFAULT
> convention rules.  They are a starting point.  The convention body is
> fully able to adopt whatever rules or changes they want on the floor. 
> Including the deletion of this provision.
> 
> As an aside, I support this provision's removal from the rules for
> this convention, and would support a from-the-floor rules change to
> that effect to the default rules.
> 
> I point to the following:
> 
> 900.5.7        The third order of business by the Chair shall be the
> presentation of these Rules by the Rules Committee, as approved by the
> State Party Executive Committee, to the convention body, which may
> debate, adopt or amend these rules, by a simple majority vote.  Once
> approved, these rules may not be further amended, but may be suspended
> by a two-thirds (2/3) vote.
> 
> I think this motion is unnecessary.
> 
> -Chris
> 
> -----Original Message-----
> From: Lpk-execomm <lpk-execomm-bounces at lists.lpky.org> On Behalf Of
> Ken Moellman via Lpk-execomm
> Sent: Thursday, January 31, 2019 1:54 PM
> To: lpk-execomm at lists.lpky.org
> Cc: Ken Moellman <ken.moellman at lpky.org>
> Subject: [Lpk-execomm] A Bylaw to remove at the next meeting
> 
> This has been discussed before, but now it becomes urgent. 
> 
> Bylaw 900.6.8 was created by the Executive Committee in September 2017. 
> It specifically limits the rights of members, in convention, to decide
> when a change to the Constitution takes effect.
> 
> Similar language existed in the Constitution until Annual Convention
> 2017, where it was removed by the convention body.  That language
> caused catch-22s, and that's why it was removed.
> 
> I would like to restore the convention body's ability to decide when a
> provision takes effect, as is the default under RONR.  To do so, we
> need to delete Bylaw 900.6.8.
> 
> This was agreed upon by the Rules Committee in August 2018, at the
> in-person meeting; however, it was never presented to the Executive
> Committee due to an apparent oversight.
> 
> Therefore, I will be moving to replace this language: 
> 
> 900.6.8        Any amendments proposed or passed at convention, to the
> Constitution of the Libertarian Party of Kentucky, shall not take
> effect until the moment the Convention adjourns.
> 
> With this language: 
> 
> 900.6.8        This section is unused. 
> 
> I know that there's reluctance to change the rules at this point;
> however, this expands the powers of the members in convention, which
> the convention body in 2017 had given itself and the EC took away only
> months later.
> 
> --
> Ken C. Moellman, Jr.
> LPKY State Party Treasurer
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