[Lpk-execomm] MOTION: Adopt Affiliiate Agreement
Ken Moellman
ken.moellman at lpky.org
Fri Mar 7 11:18:02 EST 2025
All --
It has been over 1 business day without discussion and the motion to
amend moves to a vote.
However, there is a request to continue this discussion at an phone
meeting. Therefore, I would ask that all further business on this
stops, and we move this business to a meeting held specifically for this
item, and only this item will be on the agenda.
The meeting is now posted to the website and located here:
https://lpky.org/event/lpky-state-executive-committee-meeting-2025-03/
---
Ken C. Moellman, Jr.
Libertarian Party of Kentucky
State Party Executive Committee Chair
On 2025-03-05 17:14, bethany.extine--- via Lpk-execomm wrote:
> Seconded.
>
> On 2025-03-05 15:28, Ken Moellman via Lpk-execomm wrote:
>> To make this simpler, I'm moving to amend.
>> Strike all but 5th paragraph. They were all redundant with the
>> constitution but seemed to cause confusion.
>> Amend 5th paragraph to read as follow:
>> Permit any group that holds an organizing convention, but does not
>> conduct at least 4 public and advertised meetings held in a public
>> location in the past 6 months, probationary status as a "county
>> development group". Such status permits the use of the party's name
>> until the next annual convention of that county. Annual notice of
>> that
>> party annual convention shall include and advertise elections of
>> all
>> members of the executive committee. After the completion of that
>> county
>> party annual convention and the election of executive committee
>> members
>> by majority vote at that annual convention, county party status
>> would
>> be granted.
>>
>> On Mar 5, 2025 12:22, Ken Moellman <ken.moellman at lpky.org> wrote:
>>
>> I think spinning up counties for the sake of controlling the state
>> party is an improper motivation to begin with.
>> As to current leadership vs other members, there are people who
>> would
>> be involved, were it not for other factors. Some are within our
>> control, and some are not.
>> Simply setting up a meeting isn't a qualification for leadership,
>> IMO.
>> It could just mean that some people are beating others to the
>> punch,
>> for whatever reason (again, see my first statement above).
>> IMO real county parties should be people who are running events at
>> county fairs, walking in parades, being at government meetings,
>> etc;
>> building a base of support for candidates to run and win.
>> If it is just a social club and/or an organization built around
>> retaining control, it's not a real party. In the latter case, it is
>> simply a puppet.
>> On Mar 5, 2025 11:50, Andrew Roberts <andrew.roberts at lpky.org>
>> wrote:
>>
>> So playing this out in my head, you’re not involved with the party
>> enough or at all to be engaged currently but then in 6 months
>> you’re
>> ready to displace the leadership that went to the effort of
>> organizing
>> the county? I’m having a hard time seeing the benefit in that.
>> Getting
>> in the business of rejecting counties that haven’t broken the law
>> is a
>> red line for me. That is very damaging to the party long term.
>> We’ve
>> seen this play out at national and there are no winners. It’s a
>> resource drain and motivation killer.
>> Andrew Roberts
>> Get [1]Outlook for iOS
>>
>> __________________________________________________________________
>>
>> From: Ken Moellman <ken.moellman at lpky.org>
>> Sent: Wednesday, March 5, 2025 11:42
>> To: Andrew Roberts <andrew.roberts at lpky.org>
>> Cc: lpk-execomm at lists.lpky.org <lpk-execomm at lists.lpky.org>; Robert
>> Lodder <rlodder at biospherics.net>
>> Subject: Re: [Lpk-execomm] MOTION: Adopt Affiliiate Agreement
>>
>> While we have a constitutional requirement to allow a county party
>> to
>> hold an organizing convention, we also have the authority to accept
>> or
>> reject county parties.
>>
>> This agreement is simply codifying that they would be accepted on
>> the
>> condition they agree to (1) hold 4 in-person meetings across 6
>> months,
>> prior to organizing convention; or (B) allow others to participate
>> in
>> special convention to (re-)elect leadership after a few months,
>> since
>> there isn't otherwise an opportunity to provide other members and
>> potential members with the information to make an informed choice
>> or
>> perhaps even participate.
>> ---
>> Ken C. Moellman, Jr.
>> Libertarian Party of Kentucky
>> State Party Executive Committee Chair
>>
>> On 2025-03-05 11:36, Andrew Roberts wrote:
>>
>> I support holding our affiliates to the minimum legal standard. If
>> there's a gap in the rules that would present legal problems we can
>> draw up an agreement for that and give 30 days for ALL affiliates
>> including existing ones to sign it or they can risk losing
>> affiliate
>> status. This agreement would be void after conclusion of next
>> year's
>> convention. And rules needs to bring a proposal to fix the gaps. We
>> shouldn't be making rules as an excomm. That's overstepping our
>> bounds
>> from my point of view.
>>
>> Andrew Roberts
>>
>> Get [2]Outlook for iOS
>>
>> __________________________________________________________________
>>
>> From: Lpk-execomm <lpk-execomm-bounces at lists.lpky.org> on behalf of
>> Ken
>> Moellman via Lpk-execomm <lpk-execomm at lists.lpky.org>
>> Sent: Wednesday, March 5, 2025 11:30
>> To: Robert Lodder <rlodder at biospherics.net>
>> Cc: Ken Moellman <ken.moellman at lpky.org>;
>> lpk-execomm at lists.lpky.org
>> <lpk-execomm at lists.lpky.org>
>> Subject: Re: [Lpk-execomm] MOTION: Adopt Affiliiate Agreement
>>
>> My response to Dr Lodder's discussion items are as follows:
>> We are set up hierarchically. We are both top-down and bottom-up.
>> For
>> top-down:
>> * The state party must exist to affiliate organizations under it
>> (Article IV Sections 3(A) and 3(B)),
>> * We disallow County Parties to create their own membership
>> requirements (Article IV Section 2)
>> * We provide the purpose for the County Party (Article IV Section
>> 1(A)).
>> In both our current model and in previous models of governance,
>> there
>> has also been the bottom-up aspect; previously, the chairs of each
>> directly-affiliated group sat on the committee that chartered that
>> affiliate. Now we have the county chairs who sit on the state party
>> steering committee, and appoint the state executive committee.
>> We already have unilateral termination authority under Article IV
>> Section 5.
>> The requirement to turn over assets upon dissolution is already
>> covered
>> in Article IV Section 5(C).
>> The indemnification clause explicitly states: County Party agrees
>> to
>> indemnify and hold harmless LPKY, its officers, and affiliates from
>> any
>> claims, liabilities, or legal actions _arising from the actions or
>> inactions of County Party, when LPKY acts within its rights or
>> duties
>> under LPKY Constitution or this agreement. _ That second part of
>> the
>> clause outlines that LPKY must be acting within their own rights
>> and
>> duties. This is standard language in most contracts.
>> I would suggest that county parties that can't get a county
>> convention
>> together probably aren't ready to have a party yet. If they can't
>> handle a convention, then how are they holding an Organizing
>> Convention
>> they couldn't handle, which has the election requirements as a
>> Special
>> Convention (as outlined in the agreement) or an Annual Convention.
>> They
>> could be a County Development Group for a while, perhaps. County
>> coordinators. Organizing conventions are actually slightly more
>> complex, as they require a motion to petition to affiliate as the
>> final
>> item of business.
>> Additionally, county conventions almost never cost money to the
>> affiliate.
>> If there's a conflict of interest between the chair and a potential
>> venue, there are at least 2 other members of the county party
>> committee
>> to handle negotiations. That said, I think this is not a concern. I
>> live in a county of 20,000 people and I live near the smallest
>> county
>> by
>> population (Robertson). Both counties have facilities to hold a
>> meeting;
>> at a minimum, they have a library with a meeting room.
>> The only restriction that this agreement actually adds, beyond what
>> is
>> already in the Constitution, is the requirement in Paragraph 5.
>> Holding
>> multiple meetings prior to spinning up a party is a good idea.
>> Since we
>> are approximately 22 months away from the next scheduled county
>> party
>> elections, it makes little sense to let 3 people just start a
>> county
>> party without giving others who would otherwise be interested have
>> a
>> chance to take part in the organization.
>> We could literally strip out everything except paragraph 5 and
>> everything would stay the same. And Paragraph 5 is meant to prevent
>> a
>> county party cold war driven over desire to control the state
>> steering
>> committee and, in turn, over the state executive committee. Such
>> actions are not real growth, not healthy for the overall
>> organization,
>> and will inevitably create a massive KREF disaster for a future
>> committee to clean up.
>> ---
>> Ken C. Moellman, Jr.
>> Libertarian Party of Kentucky
>> State Party Executive Committee Chair
>> On 2025-03-05 10:48, Robert Lodder wrote:
>> > My discussion points on the draft county affiliate agreement:
>> >
>> > Traditionally in a contract, the contract spells out the
>> advantages
>> to
>> > each party to the contract as reasons for entering into the
>> contract.
>> > Spell these out, if any, in the Whereas portion of the contract.
>> >
>> > The agreement establishes a hierarchical relationship where LPKY
>> holds
>> > the majority of power and control, while County Parties are
>> subordinate
>> > and must adhere to LPKY's rules and decisions. This power
>> imbalance
>> is
>> > evident in several aspects of the agreement, which may not align
>> with
>> > best practices for organizational justice and fairness in
>> affiliate
>> > agreements. The limited autonomy may hinder the ability of County
>> > Parties to adapt to local needs and circumstances.
>> >
>> > Unilateral Termination: LPKY reserves the right to terminate the
>> > agreement at any time if the County Party is found to be in
>> violation
>> > of its terms. This clause gives LPKY significant power over
>> County
>> > Parties, creating operational uncertainty and a potential
>> imbalance
>> of
>> > power.
>> > Both sides should be able to terminate an unsatisfactory
>> agreement.
>> > The contract should spell out the terms by which both parties can
>> exit.
>> >
>> > Asset Control: Upon dissolution, all remaining assets of the
>> County
>> > Party become the property of LPKY. This provision will discourage
>> > County Parties from building financial or material resources, as
>> they
>> > do not have long-term control over these assets.
>> >
>> > Indemnification Clause: County Parties must indemnify and hold
>> harmless
>> > LPKY from any claims or liabilities arising from their actions.
>> This
>> > shifts legal and financial risks entirely onto the County Party,
>> even
>> > in cases where LPKY's actions may have contributed to the issue.
>> > Compliance with complex laws and regulations may be challenging,
>> > especially for smaller County Parties without legal expertise.
>> >
>> > New or smaller County Parties may face logistical and financial
>> burdens
>> > due to the requirement to hold extra Special Conventions if they
>> don't
>> > meet certain organizational benchmarks.
>> >
>> > The Constitution of the Libertarian Party of Kentucky outlines
>> several
>> > ethical responsibilities for its members and county parties.
>> These
>> > responsibilities aim to ensure financial transparency, prevent
>> > conflicts of interest, and maintain the integrity of party
>> operations.
>> > Members are prohibited from using their official position or
>> office
>> to
>> > obtain financial gain or other personal benefits for themselves,
>> any
>> > family member, or a business associate. This can be a problem if,
>> for
>> > example, a county party chair has a brother who owns the only
>> meeting
>> > facility in the county big enough to handle the County
>> Convention. In
>> > such instances transparency and prior approval of a transaction
>> by
>> > others in the party is better than a blanket prohibition.
>> >
>> > In conclusion, while some level of control and standardization is
>> > necessary for maintaining consistency across a political party's
>> > structure, this agreement appears to create significant
>> disadvantages
>> > for County Parties. The terms heavily favor LPKY in terms of
>> control,
>> > decision-making authority, and risk allocation. This imbalance
>> may
>> not
>> > align with best practices for fairness in organizational
>> affiliate
>> > agreements, which typically emphasize transparency, equitable
>> > treatment, and stakeholder engagement
>> >
>> > On Wed, Mar 5, 2025 at 9:42 AM Ken Moellman via Lpk-execomm
>> > <lpk-execomm at lists.lpky.org> wrote:
>> >
>> >> All -
>> >>
>> >> As discussed on the last State Party Executive call, I would
>> like to
>> >> adopt an affiliate agreement. To date, the primary objection I
>> have
>> >> heard is related to timings in paragraph 5; that the timelines
>> seem
>> >> arbitrary, and generally about the timelines not making a lot of
>> >> sense.
>> >>
>> >> To be able to discuss the motion, we must have a motion. As
>> such, I
>> >> am
>> >> making the motion to adopt an updated version, with paragraph 5
>> >> revised
>> >> to read as follows:
>> >>
>> >> _If fewer than 4 publicly-advertised in-person monthly meetings
>> were
>> >> held in the 183 days preceding an Organizational Convention, and
>> if
>> >> the
>> >> next Annual Convention at which officers of County Party will be
>> >> elected
>> >> is greater than 274 days from the date of the organizational
>> >> convention,
>> >> then County Party agrees to hold a Special Convention between
>> 180
>> and
>> >> 210 days after the Organizing Convention, at which all
>> leadership
>> >> positions are to be re-elected._
>> >>
>> >> Link to document in its entirety:
>> >>
>>
>> https://docs.google.com/document/d/1hLZqfrLWElZtB45fp5APZC85mQ7x_8C7lU6
>> glbFdgcg/edit?tab=t.0
>> >>
>> >> As a reminder, links to the mailing lists for committees and the
>> >> instructions on how email voting works is in our drive,
>> available
>> from
>> >> the meeting minutes link on the website, here:
>> >>
>>
>> https://docs.google.com/document/d/1l5CMoltjBeqqSCOzOWexslpQeAxLY9DbXBI
>> jGPjSyTA/edit?tab=t.0
>> >>
>> >> Debate begins when a person responds to this email with
>> "Second".
>> >>
>> >> --
>> >> Ken C. Moellman, Jr.
>> >>
>> >> Libertarian Party of Kentucky
>> >> State Party Executive Committee Chair
>> >> _______________________________________________
>> >> Lpk-execomm mailing list
>> >> Lpk-execomm at lists.lpky.org
>> >> http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
>> >
>> > --
>> >
>> > Robert A. Lodder, Ph.D.
>> > Chief Executive Officer
>> >
>> > Phone: (301) 476-0705
>> > Email: rlodder at biospherics.net
>> >
>> > This e-mail, and any attachments thereto, is intended only for
>> use by
>> > the addressee(s) named herein and may contain legally privileged
>> and/or
>> > confidential information. If you are not the intended recipient
>> of
>> this
>> > e-mail, you are hereby notified that any dissemination,
>> distribution
>> or
>> > copying of this e-mail, and any attachments thereto, is strictly
>> > prohibited. If you have received this e-mail in error, please
>> notify
>> me
>> > by replying to this message and permanently delete the original
>> and
>> any
>> > copy of this e-mail and any printout thereof.
>> _______________________________________________
>> Lpk-execomm mailing list
>> Lpk-execomm at lists.lpky.org
>> http://lpmail.lp.org/cgi-bin/mailman/listinfo/lpk-execomm
>>
>> References
>>
>> 1. https://aka.ms/o0ukef
>> 2. https://aka.ms/o0ukef
>> _______________________________________________
>> 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
More information about the Lpk-execomm
mailing list