Date: Fri, 23 Feb 2001 18:58:08 -0700 From: randerson22@home.com ("Robert Anderson") Subject: Re: [lpaz-govcom] Re: J. Auvenshine Affair To: lpaz-govcom@yahoogroups.com Reply-To: lpaz-govcom@yahoogroups.com
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First sorry if you got something similar to this already I was sending it f rom work and the mailer was sick. I think Powell may have been the only one getting it and He may have it two or three times. That said.... ----- Original Message ----- From: Powell E. Gammill To: lpaz govcomm Sent: Friday, February 23, 2001 7:31 AM Subject: [lpaz-govcom] Re: J. Auvenshine Affair
Well, I must say, this has opened up a lively debate. My two cents: No individual can automatically declare someone to have resigned from the Gov erning Committee and proceed to replace or ignore that individual. Can't y ou see where that would lead? I am sure Peter would love that kind of powe r. What we are doing is all about due process, not only a fundamental conc ept in our country but especially OUR philosophy. Even if the facts are not in dispute, Jason is entitled to due process be fore involuntary removal. He has not, to my knowledge, officially written notice that he is an officer in another political party to either the Chair man or the GovCom.
That is correct he has not officially said he is member of another politi cal party. And we should officially ask him if he holds a position on the I nc. board. But to think we need to wait for someone to notified us that the y have blown off the Bylaws is naive. We have good information that this is the case and we should make the official inquiry.
So at this time. ( JASON... ARE YOU CURRENTLY HOLDING A OFFICER POSITION IN THE INC. ORGANIZATION?)
That said please inform the Govcom of your answer at your earliest conven ience.
Yes there are e-mails and verbal confirmations, but since he has failed to officially resign and appears to actively oppose his removal, he deserve s the GOVCOM's full consideration of his situation. And I for one am fully committed to him getting that consideration. If you want to see internal breakup in the ALP GovCom, try to do an end run when it appears Jason's rem oval may not be as easy as it was thought, and see how many members you mig ht lose. Also, the Bylaws will have been shredded and will be meaningless. There is a process, and DAMN IT that process WILL be followed. I am cert ainly responsible for initiating this, and have been selected by the Primar y Committee to prosecute this matter. It is not a position I relish, but I will do the very best I can having instigated the matter.
I see no end run. In fact the end run seems to be the whole trial thing. If Jason is contesting the facts than fine he has the right to a hearing on the facts and the facts only. I see no room for question in what the bylaw say's as I'll go into below. The whole idea that we can some how choose wh at to follow and what not to follow seems pretty undermining to the Bylaws. I have just as much concern of shredding as you do and see the "process" as the shredder. The only thing we should be looking at are the facts. And at this time Jason has not contested them.
1) The Bylaws of the Arizona Libertarian Party Adopted in Convention, February 19th, 2000
SECTION VII. VACANCIES (a) The Governing Committee may, by a three-fourths vote, declare vacant any office in the Committee, except County Representative, upon t he absence of the officer from two consecutive meetings of the Commi ttee,
So a vacancy is formed if someone stops coming to the meetings and the Go vcom by 3/4 vote decides to open that position to someone that want to hold it and work for the party.
or upon the officer's failure to perform the duties described in Sec tion III.
No 3/4 vote needed. This is a statement. If someone falls out of complian ce with Sec. lll. They are no longer eligible to be on the Govcom.
(b) A vacancy occurring in the office of Vice Chair, Secretary, T reasurer or at-large members of the Governing Committee shall be filled by se lection from among Members of Record at its next meeting.
This is plain: 1) It is the Governing Committee that declares a seat vaca nt on the Governing Committee.
For not coming to two meetings
2) A 3/4 vote is required to declare Jason's seat vacant in this case.
Not for the Sec.lll stuff
3) The Governing Committee MAY declare this seat vacant, that is, it is up to the GovCom, but is neither required or automatic that they declare t his seat vacant.
I can not believe that the Bylaws allow the govcom to ignore the wishes o f the resolution passed by the convention. That is why I think the Sec.lll stuff is self executing. If my reading is wrong than we have some big probl ems with the bylaws if they allow us to blow off the wishes of the people t hat elected us to safeguard their interests.
SECTION III. ORGANIZATION of the PARTY 2) THE GOVERNING COMMITTEE (a) The Governing Committee shall consist the officers of the Pri mary Committee as well as the Chair (or other designated member) of ea ch recognized County Party and no more than 15 at-large members. Upo n taking office, all Governing Committee members must be qualified Members of-Record, and shall remain so throughout their term. (b) The primary function and responsibility of the Governing Comm ittee shall be the attainment and retention by the Party, in every Arizona Co unty, of all rights and privileges of a recognized political party under Arizo na law.
4) TERMS in OFFICE (d) No member of the Governing Committee or of the State Committee, whether elected publicly or in convention, shall be permitted to be an officer or member of any other organized political party during their ter m, and such membership shall be grounds for termination from the post.
This also seems clear to me. No member of GovCom can be permitted to ser ve who is an officer of another political party, and if found to not be in compliance with this provision, should be removed from the GovCom.
It seems clear to me also. At the time Jason became either aware of the p roblem and choose to do nothing about or at the time he was elected knowing of the problem he fulfilled the grounds and was no longer a Officer. All I see Jason being able to do at this time is to contest the facts. If the f acts are shown to not meet the grounds than no problem but if the facts are born out he's gone. Unless we plan on just blowing off the wishes of the c onvention that pass the resolution. The only trial is of the facts not Jaso n. The facts call for certain actions to happed and no vote is needed. He i s either in compliance or not.
But it does not say that the person is automatically removed from offic e without due process. Indeed, our bylaws demand that the GovCom meet and remove (declare vacant) the office by a 3/4 vote.
I see no process called for. The 3/4 vote is to replace someone that is n ot performing the office they were elected to by not coming to the meetings .
If they choose not to remove Jason, that is their right, apparently find ing insufficient grounds to do so.
That is what the fact finding does. Has nothing to do with the result if the facts are proven out.
In my opinion, the GovCom members who failed to vote for removing Jason would be in obvious violation of their fiduciary oath as GovCom members
This I see as also true. If we prove that the facts are true. then the ou tcome is self fulfilling. And remember Jason has not contested them yet. Al l he's done is run a trial balloon up as to the argument of if Inc. is a di fferent political party.
, with the only remedy the next convention. But that is the way the byla ws are written, and thank God they are written in this manner. In this man ner Jason gets due process, and not the automatic boot delivered by one per son.
Jason would not be getting the boot dilivered by one person. If he contes ts the facts I say as a Govcom member he has the right to have the facts lo oked at. But he is not contesting the facts at this time that I'm aware of. And if he does then he has the right to be heard on the facts. The problem I'm having is from those that say that we have the power to ignore the wis hes of the convention. I say we do not. If there is a trial it's of fact on ly not on what the outcome maybe if he is indeed a officer of another polit ical party.
As for Robert's Rules of Order, clearly where our Bylaws and Constitution are silent, RRO Rules. The Constitution, Bylaws and RRO in that trumping order.
Powell
I would have to agree.
Bob
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