Date: Wed, 7 Mar 2001 22:42:13 -0800 (PST) From: apfanning@yahoo.com (Alan Fanning) Subject: [lpaz-discuss] Re: Political parties, bylaws, epiphanies, and governing bodies To: lpaz-discuss@yahoogroups.com Reply-To: lpaz-discuss@yahoogroups.com
Kent and Jason,
My recollection of the meeting Sunday differs substantially in emphasis from Jason's. The Chairman (Liz) had solicited the opinion of John Buttrick on this matter and his opinion included the finding that Jason had ceased to be QUALIFIED to hold the position as a member of the Gov Comm, just as had Eric Boudette by being convicted of a violent felony. Consequently both seats were declared vacant, to be filled at the Convention. Based upon this opinion, the Chair ruled that the position was vacant and that a trial was improper. This was the ruling that was upheld.
Jason's argument may have made sense to the uninitiated, but the INTENT of the bylaw was specifically to prevent entanglement with ALPink and oh by the way keep the Republicans from taking over either.
There are very limited bases for such a ruling and frankly if Liz had not solicited a legal opinion from JB, she wouldn't have prevailed Sunday. The outcome of any trial was however preordained. The only way to honestly vote in favor of Jason's position was to ignore the fact that the State, by allowing standing for ALPink in all these lawsuits, does consider it a political party. Any honest vote would have to be cast for conviction.
The correctness of JB's opinion is also self-evient by simply listening to the language being used. A trial is something that is used to determine guilt or blame. The 3/4 majority is intended to protect the unpopular individual from being railroaded by his opposition because they don't like the way he is doing his job. No malfeasence was alleged. No ethical violation was charged. There was simply no room for judgement to contradict the clear will of the Convention. If the upcoming Convention wishes to change this it clearly can, whichis one reason the open seats were not filled by the Gov Comm.
I for one, wish only the best and greatest success for Jason (by the way Sharon Auvenshine is still on the Gov Comm). I don't think your plan has much chance of success until next year when we can elect more Precinct Committeemen from outside Pima County, in which case you didn't have to go this route. But if you can end the litigation this year, then Libertarians in Arizona should give you a medal.
--Alan
===== "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them." --Thomas Jefferson
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