[Lpk-execomm] MOTION Motion to call D6 organizing convention

chris at cwiestlaw.com chris at cwiestlaw.com
Wed Jul 31 15:08:23 EDT 2019


I get it.  

I do disagree with you about the best way to get to a vote.  

Quorum on last minute emergency issues is always dicey at best.  You are asking people to drop everything they are doing, or otherwise have planned, with little to no notice, and to make a telephone call.  That has not typically been overly successful.

If I called a meeting tonight, at 9 p.m., maybe we get a quorum, but probably we do not.  If we do not, then I have to try again for tomorrow.  Again, maybe we have quorum, maybe not.  And if no quorum tomorrow night, we don't hit the 30 day notice requirement, and then the entire convention has to be replanned.  Which is the very thing we are trying to avoid.

An email ballot, particularly for in between meeting emergencies, is the best bet of getting quorum and a vote accomplished (assuming we can get people to vote by email -- and think about it -- email is easier to do than making a call with no notice).

As when Harlen was the chair, I generally dislike business by email.  It hasn't been my, or our practice to do so to date, except in emergencies with pressing timing concerns.  I tend to think we need to keep to the standard of "emergencies with pressing timing concerns" for email ballots and in terms of precedents.

That said, this seems like an emergency with a pressing timing concern.

-----Original Message-----
From: Ken Moellman <ken.moellman at lpky.org> 
Sent: Wednesday, July 31, 2019 2:50 PM
To: Chris Wiest <chris at cwiestlaw.com>
Cc: lpk-execomm at lists.lpky.org
Subject: Re: [Lpk-execomm] MOTION Motion to call D6 organizing convention

I am not raising objection in this case, but also asking that this sort of emergency-vote-by-email not become the norm.

The process of voting by email is outlined in a way that is intentionally meant to allow debate and to allow everyone to have a say. 
It is, by its nature, slower than an in-person or teleconference meeting. Emergencies are better handled by conference call, which is section B of the same operating rule (though that language needs some clean-up).

To set precedent, to permit voting in this way, would allow for ram-rodding. In this case, this isn't an issue that is controversial in any way, but this should not be the precedent going forward.  That is my point.

---
Ken C. Moellman, Jr.
4th District Chair
State Party IT Director
Libertarian Party of Kentucky

On 2019-07-31 14:11, Chris Wiest wrote:
> Mr. Moellman,
> 
> I am aware of the rules.  I am also aware of my discretion as chair to 
> handle matters by unanimous consent.  We are ending discussion by 
> unanimous consent (unless someone objects), though a 1/3 formal vote 
> could be sufficient to do so.
> 
> Unless there is an objection.
> 
> Please confirm, for the record, that you are not raising an objection 
> to our ending discussion early.
> 
> Sent from my iPad
> 
>> On Jul 31, 2019, at 1:57 PM, Ken Moellman via Lpk-execomm 
>> <lpk-execomm at lists.lpky.org> wrote:
>> 
>> As a reminder on the rules of email ballots....
>> 
>> A) The State Party Executive Committee shall provide and manage an 
>> official mailing list for electronic discussion and voting to every 
>> committee of the Party, made viewable to Voting Members, using 
>> official LPKY.org email addresses assigned by the State Party.
>> 1) No more than two (2) motions by electronic mail shall be 
>> considered by a committee at the same time. A committee member may 
>> introduce a motion by opening a distinct thread on the appropriate 
>> mailing list. The subject line must begin with “MOTION:”
>> in capital letters,
>> followed by subject in normal case.
>> 2) Discussion may begin once another member has seconded the motion. 
>> A motion is considered failed if it is not seconded within two (2) 
>> business days.
>> 3) The question will automatically be called, unless tabled to the 
>> next special or regular meeting, by a vote of one third (1/3) or more 
>> of the committee, after one (1) full business day with no discussion, 
>> or five (5) business days after the motion was seconded, whichever 
>> comes first. Once the question has been called, members shall have 
>> two (2) business days to vote.
>> 4) No action shall be considered passed without a vote of the 
>> majority of all seated members of that committee.
>> 
>> ---
>> Ken C. Moellman, Jr.
>> 4th District Chair
>> State Party IT Director
>> Libertarian Party of Kentucky
>> 
>>> On 2019-07-31 13:55, Ken Moellman via Lpk-execomm wrote:
>>> Aye.  But the timing of this should not set precedent for future 
>>> email ballots.
>>> ---
>>> Ken C. Moellman, Jr.
>>> 4th District Chair
>>> State Party IT Director
>>> Libertarian Party of Kentucky
>>>> On 2019-07-31 13:09, Chris Wiest wrote:
>>>> The motion has been made and seconded.
>>>> By what I am presuming is unanimous consent (and any member may 
>>>> object in which case I will suspend voting and open this to 
>>>> discussion as required by the operating rules), I am ending 
>>>> discussion on this and opening voting.
>>>> Email voting is opened (unless there is an objection to my ending 
>>>> discussion early, in which case I will suspend further voting).
>>>> In the interest of timeliness, I will end voting at the earlier of:
>>>> (I) all members having voted; or (II) a majority of the entire 
>>>> committee voting yes or no.
>>>> For the record, I vote aye.
>>>> Sent from my iPhone
>>>>> On Jul 31, 2019, at 12:57 PM, Ken Moellman via Lpk-execomm 
>>>>> <lpk-execomm at lists.lpky.org> wrote:
>>>>> Second.
>>>>> We need to move VERY fast on this.  If we cannot get a vote on 
>>>>> this today then we need an emergency Exec call tonight, or 
>>>>> alternately the date will have to be pushed.  I think we almost 
>>>>> have to do an emergency Exec call at this point.
>>>>> ---
>>>>> Ken C. Moellman, Jr.
>>>>> 4th District Chair
>>>>> State Party IT Director
>>>>> Libertarian Party of Kentucky
>>>>>> On 2019-07-31 12:37, randall.daniel--- via Lpk-execomm wrote:
>>>>>> I motion that we call a organizing convention for the sixth 
>>>>>> district on Saturday August 31st, 1 pm, at the Lexington Public 
>>>>>> Library, North side Branch.
>>>>>> We have the medium conference room from 1 pm until 3 pm.
>>>>>> Randall Daniel
>>>>>> _______________________________________________
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