Document:LNC Minutes 30 August 1989

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                               MINUTES OF LIBERTARIAN
                     NATIONAL COMMITTEE MEETING IN PHILADELPHIA, PA
        
        
        
                                 Members Present
        
        David Walter, Chair              I. Dean Ahmad, Secretary           
        David Bergland, Vice-Chair       Robert Murphy, At-large           
        Tonie Nathan, At-large           Gerry Walsh, At-large              
        Don Ernsberger, At-large
        Willie Marshall, Region 1        Ted Brown, Region 2
        Sharon Ayres, Region 2           Mark Hinkle, Region 2              
        Lyn Sapowsky-Smith (Alt.)        Darlene Brinks (Alt.), Region 2 
        Joe Dehn, Region 3               John Famularo, Region 5
        Gary Johnson, Region 6           Steve Dasbach, Region 7
        Steve Givot, Region 7            William Hall, Region 9
        Bobby Yates Emory, Region 11     Paul H. Kunberger, Region 11       
        Vicki Kirkland, Region 12        T. David Hudson, Region 12         
        
        
        1.   CALL TO ORDER:  The regular meeting of the Libertarian National Committee 
             was  called to order by Chair David Walter on August 30, 1989 at 2:12 EDT 
             at Franklin Plaza Wyndham hotel in Philadelphia, PA.
        
        2.   CREDENTIALS  --  Roll  call.  18  members  present--rest  arrived  during 
             meeting.
        
        3.   APPROVAL  OF PREVIOUS MINUTES:  The Secretary asked that the  minutes  be 
             adopted as corrected by the report circulated with the agenda. There  was 
             no objection ->to accepting the minutes as corrected.
        
        4.   REPORT  ON MAIL BALLOT:  The Secretary presented the mail  ballot  report 
             distributed with the agenda as corrected in a subsequent mailing.  Robert 
             Murphy  was  not removed as the ballot failed:  19 vote FOR,  6  AGAINST.  
             The  Secretary  responded questions he had received  before  the  meeting 
             pointing  out  that mail ballots should have gone out to  the  alternates 
             according  to Resolution 14, and his failure to send them  placed  Murray 
             Rothbard's vote in question, but would not have affected the outcome.  In 
             the  case of Honey Lanham, the Secretary reported that she  had  resigned 
             from the Judicial Committee by the action of voting, a resignation  since 
             formalized  and  she  remains the alternate from Texas.   None  of  these 
             clarifications changed the outcome that it failed.  
        
             Murphy  moved->to  suspend the rules to prohibit  divulging  mail  ballot 
             results until the vote is final.  The motion to suspend the rules failed.  
        
        5.   SETTING  THE AGENDA:  Brown moved ->item 6A be deleted and 11A  (10  min)  
             Procedures  for  Mail  Ballots be added. Bergland moved->  to  amend  the 
             motion to make it 34A.  Bergland's amendment passed on a voice vote.  The main  motion 
             passed  as  amended.   Nathan  moved -> to  add  24A  Report  of  Program 
             Corrections  (5  min.)   Emory moved ->to add 24B  (5  min.)   Ernsberger 






             moved-> to add 34B Resolution on the Chinese Student movement.  There was 
             no objection to the agenda revisions.
        
        6.   CHECK OF PAPERWORK:  Chair David Walter reviewed paperwork needed for the 
             meeting. 
        
        7.   CHAIR'S  REPORT:   Walter reported that: the ExecCom  has  met  regularly 
             every  two weeks; income is up and expenses are down; we are  running  at 
             93% of budget and 82% of budget respectively; we have done 4 direct  mail 
             pieces  since the beginning of the year, resurrected the torch club,  and 
             started  the  Presidents' and VP's club; pledges are  over  $12,000/month 
             from  over  700  people;  Alexis Thompson's fundraising  is  place;   FEC 
             reports have been filed on time with no fines;  membership has  increased 
             rather  than  downslid  in the post-election year as in  years  past;   a 
             mailing  went  to  LP  News only subscribers and  more  mailings  are  in 
             progress.    In response to a query by Kunberger,  Ernsberger  summarized 
             the  settlement with Alexis Thompson, which Ernsberger  characterized  as 
             fair.
        
        8.   TREASURER'S REPORT:  Fielder's written report was distributed (Attachment 
             A).  
        
        9.   EXECUTIVE COMMITTEE REPORT:  Walter stated that the bi-weekly meetings by 
             telephone  had been successful and urged the succeeding NatCom to  follow 
             the practice.  Murphy moved 
                  ->  that minutes be kept of ExecCom meetings.  
             Dasbach opposed the motion on grounds that it should be addressed by  the 
             new ExecCom.  Murphy argued that NatCom members have a right to know what 
             goes on at the ExecCom meetings.  The motion passed 10-8.
        
        10.  HEADQUARTERS REPORT:  Dunbar delivered his report (Attachment B).  
        
        11.  RESOLUTION TO PROHIBIT VIDEOTAPING:  Ayres moved
                  ->  that meetings of the LNC shall not be videotaped, or  otherwise 
                  filmed,  except  by  consent of two-thirds  of  those  LNC  members 
                  present and voting.  Audio recordings of all LNC meetings that  are 
                  made  for  the  purpose  of preparing  the  LNC  minutes  shall  be 
                  destroyed after the meeting at which the minutes obtained from the 
                  audio recording are approved.  
             Nathan opposed the motion on the grounds that we should be proud of  what 
             we are doing and that when we are the major party the records will be  of 
             historical  value.   Murphy  argued that minutes  must  of  necessity  be 
             abbreviated  and  tapes provide a more complete  documentation  including 
             intonation,  etc.  Bergland noted that committee still  retained  control 
             over  this  matter but that the motion stiffens the requirement  for  it.  
             Hinkle  moved  to  extend debate 5 min.  There was  no  objection.   Dehn 
             expressed the view that the motion was inconsistent with the openness  of 
             the meetings manifested in the two preceding resolutions.
             The motion failed 14-6.  
             Ayres moved:
                  ->Others who wish to audio record the audio portion of LNC meetings 
                  must receive the permission of a majority of the members of the LNC 
                  present and voting.  
             The motion failed 11-5.






        
        12.  1989  CONVENTION  OVERSIGHT  COMMITTEE:   Ernsberger  urged  everyone   to 
             remember that we are on C-SPAN and conduct themselves accordingly.
        
        13.  FINANCE COMMITTEE REPORT:  Ayres submitted her report (Attachment C).
        
        14.  AUDITOR'S  REPORTS:  Redpath submitted an addendum (Attachment D)  to  his 
             previously circulated reports.  In response to a query by Murphy, Redpath 
             stated  that to the best of his knowledge the IRS may not approve of  our 
             accounting of payments to independent contractors.  Redpath noted that if 
             NatCom  required a more in depth auditing one could trace donations  from 
             NatCom  members  to the BAC.  In response to a query by  Brinks,  Redpath 
             stated  that her contribution showed on the master contributor list,  but 
             the particular donation could not be traced as no photocopies were  made.  
             In response to a query by Nathan, Redpath stated that a separate  general 
             ledger should be set up for the fund and all expenses documented.  Brinks 
             asked for a vote of thanks to Redpath [applause].  In response to a query 
             by Sapowsky-Smith, Redpath expressed the view that if SFACs can't be  run 
             properly  they  should  be done away with.  In response  to  a  query  by 
             Dasbach,  Redpath  stated  that "I don't think there's any  blood  to  be 
             squeezed out of this turnip," and that recovery of damages is negligible.  
             Givot  expressed  the view that the body needs a report  on  the  current 
             situation  before  taking action on proposed changes.  In response  to  a 
             query by Walsh, Redpath said that given the circumstances under which the 
             the  BAC operated he was surprised there were only four checks  made  out 
             cash.   In  response  to  a query by Murphy, Bergland  said  we  have  no 
             obligations  to FEC or IRS to report things, and Hall stated that we  have 
             no obligation to make additional reports except for possible refilings.
             In  response  to a letter received from Clifford Thies,  Walter  remarked 
             that  the  findings of the Audit show that accounting was poor,  that  an 
             untrustworthy  person had control over the funds, that we have been  made 
             whole,  that the first audit was correct, that the waste of resources  in 
             the BAC has contributed to the high expense of ballot drives and that  we 
             should  make  sure  we have qualified bookkeepers, and  that  people  are 
             innocent until proven guilty, and that when people have clouds over their 
             heads it is best to clear matters up as quickly as possible.
        
        15.  MANAGEMENT AND AUDIT COMMITTEE REPORT:  Walsh submitted his final  report 
             (Attachment E).  Walsh moved
                  ->that   the  bonus  pool  will  be  divided  among   the   eligible 
                  participants as follows:
                  1)   50%  will be distributed according to  payroll  dollar  ratios 
                  using the 1989 W-2s.  For example, an employee earning $10,000  of 
                  a  total payroll of $100,000 would receive 10%  of this portion  of 
                  the pool.
                  2)   50%  will  be distributed at the discretion  of  the  National 
                  Director  and the Chair based on merit.  The Chair will decide  the 
                  National  Director's  merit bonus, if any -- and the  Director,  in 
                  consultation with the Chair -- how the balance is to be divided.
                  3)   It is the LNC's intention that interns who work for the  Party 
                  during  the  year be given consideration for merit bonuses  at  the 
                  discretion of the Chair.
                  4)   The  bonuses will be distributed on or before February  15  of 
                  each year.






             The motion passed on a voice vote.
             Walsh moved 
                  ->to remove the words "Activists newsletter and" from Res. 105.  
             The motion passed on a on a voice vote.
             Walsh  moved  
                  ->to  substitute  for Resolution 288: Resolved, that  an  Affiliate 
                  Campaign  subcommittee of the Affiliate Party Committee be  created 
                  to facilitate candidate recruitment and support, and the collection 
                  and dissemination of election results.
             The motion passed on a voice vote.
        
        18.  AFFILIATE  CAMPAIGN  COMMITTEE:  Dasbach presented his  report  circulated 
             with  the  agenda.   In response to a query by  Walter,  he  stated  that 
             several states will concentrate on particular races.
        
        20.  GUN  OWNERS  OUTREACH PROGRAM:  Bergland moved 
                  ->Whereas  the Libertarian Party has a long standing opposition  to 
                  registration and restriction of firearms, Whereas registration is a 
                  prelude  to  confiscation,  Whereas confiscation is  a  prelude  to 
                  tyranny  and the purpose of the Second Amendment is to  protect  us 
                  from  tyranny,  Therefore be it resolved that the LNC  opposes  any 
                  registration and all restrictions on firearm ownership, manufacture 
                  and  sale.   Be  it further resolved that the  LNC  endorses  civil 
                  disobedience  as  an  appropriate  moral  and  practical  means  of 
                  resisting registration, confiscation and tyranny.
             The motion passed without objection.
        
        [Bergland assumed the chair]
        
        21.  MEDIA RELATIONS COMMITTEE:  Nathan  presented her report circulated  with 
             the  agenda.   In  response to her   questionnaire,  the  leading  factor 
             identified  has  justifying  media coverage was balance of  power  in  an 
             election.   Second  answer  was ballot status in a  majority  of  states.  
             Nathan  reported that  she has submitted a 5-page proposal  to  Nightline 
             for doing a show.  Nathan moved
                  ->the Chair shall hire a full time public relations director  whose 
                  duties shall be to formulate a long-range plan 1. to  increase  the 
                  visibility  of the LP as a substantial, important  and  influential 
                  national  political  force, 2. to supervise and  consult  with  the 
                  Advertising  &  Publications Committee, and 3.  to  facilitate  all 
                  communications  between the LNC, the Officers and the  headquarters 
                  staff and Media.
             The motion was tabled until the next meeting, without objection.
        
        21A (formerly  17).   AFFILIATE PARTY COMMITTEE: Gingell presented  her  report 
             circulated  with  the agenda and distributed reports  on   some  projects 
             (Attachment E).
        
        22.  INTERNAL  EDUCATION  COMMITTEE  REPORT:  Bergland  presented  his  report 
             circulated  with the agenda.  He noted that the committee has  no  budget 
             and  urged  the next NatCom to consider developing  something  along  the 
             lines of the Advocates for Self-Government model.
        
        23.  OUTREACH  COMMITTEE:  Bergland presented his report  circulated  with  the 






             agenda.   Bergland emphasized that we are going to be in the position  of 
             balance of power with our abortion rights position.  Sapowsky-Smith asked 
             how  often  Liberty Today would be updated.  Bergland replied  every  six 
             months  is the intention, but 4 times a year is possible if someone  will 
             do the work.
             Ahmad  noted that the Muslim Union, an ad-hoc group, has printed a  flyer 
             based  on  his article in the Liberty Today, touting a  Frazer  Institute 
             book  on Economics and Religion and offering copies of The Mainspring  of 
             Human Progress.
        
        23A formerly   19.   BALLOT  ACCESS  REPORT.   Givot  circulated   his   report 
             (Attachment F).  Emory reported allegations that a libertarian has turned 
             in  the NC LP to the state election commission complaining the 51  in  92 
             actions  are outside the law and sought information.  Givot replied  that 
             someone  has called the state but there is no evidence whatsoever  as  to 
             who it may be.
        
        [Walter resumed the chair]
        
        24.  PROHIBITION  OF EMPLOYMENT OF OR CONTRACTING WITH NATCOM  MEMBERS:   Ayres 
             moved
                  ->No employee or independent contractor of the National Libertarian 
                  Party  shall be a member or independent contractor of the  National 
                  Libertarian Party shall be a member or alternate of the Libertarian 
                  National   Committee.    Any  person  employed  by   the   National 
                  Libertarian  Party shall be terminated immediately upon his or  her 
                  election  to  the LNC.  Likewise, the contract of  any  independent 
                  contractor  (for  example those contracted to perform  direct  mail 
                  fundraising   or   telephone  fundraising)  shall   be   terminated 
                  immediately  upon his or her election to the LNC.  This  resolution 
                  shall be included in all employment agreements and contracts between 
                  the  National Libertarian Party and its employees  and  independent 
                  contractors.
             Givot  noted that companies almost always have employees on the Board  of 
             Directors.  Murphy expressed the view that without such a resolution  the 
             appearance of political payoffs is possible.  Dasbach noted that we  look 
             at such situations closely to insure that they are not political payoffs.  
             Walter  expressed  the  view that this resolution  would  gut  the  party.  
             Bergland moved
                  ->to  amend  by deleting "independent contractor"  from  the  first 
                  sentence and "otherwise the contract" and "contracts." 
             In response to a query by Dasbach, Bergland stated that the motion  would 
             not  apply  to state party employees.  In response to a query  by  Ayres, 
             Ahmad  noted that there is a distinction between vendors and  contractors 
             and  that vendors would be unaffected by this resolution whether  or  not 
             Bergland's  amendment  passed.  The motion to amend passed  11-8.   Givot 
             expressed  the  view that an abstention from votes on which  there  is  a 
             conflict of interest is sufficient.
             Murphy  moved
             ->  to amend the motion to the original form pre-amendment state  but  to 
             add in parentheses "(excepting independent contractors petitioning)."
             Murphy's amendment failed on a voice vote.  The main motion as amended by 
             Bergland passed 13-6.
        






        24A. PROGRAM  COMMITTEE.   The  committee  unanimously  approved  4  technical 
             corrections to the  Program Committee Report.
        
        24B. BUDGET  COMMITTEE:   Dasbach moved->to suspend the rules to take  up  the 
             Budget Committee Report.  There was no objection.  
             Fielder moved 
                  ->that  the 1989 LNC budget be amended as follows: to decrease  the 
                  budget  line item for equipment  rental by $7300 from $7300 to  $0; 
                  to increase the budget line item for equipment maintenance from  by 
                  $1500  from  $2500 to $4000, to increase the budget line  item  for 
                  printing by $4000 from $4000 to $8000, to increase the budget  line 
                  item  for  supplies by $1500 from $6000 to $7500, to  increase  the 
                  budget line item for the 800 line by $300 from $3000 to $3300.  
             The motion passed on a voice vote.
             Dasbach  moved 
                  ->  to favorably recommend to the next committee: to  expend  $2500 
                  for purchase of an AT for the director.
             The  motion  passed  9-0.  Bobby Emory abstained due  to  a  conflict  of 
             interest.  
             Dasbach moved 
                  ->to favorably recommend to the next committee: to expend $1000 for 
                  FAX machine.
             The motion passed 11-0.  
             Dasbach moved 
                  ->to  favorably recommend to the next committee: to expend  $18,000 
                  for a media relations director; 
             The motion passed 8-1.
             Dasbach moved 
                  ->to favorably recommend to the next committee: to expend $400  for 
                  monochrome monitors to replace current CGA.
             The  motion  passed  8-0.  Bobby Emory abstained due  to  a  conflict  of 
             interest.
             Dehn abstained on the preceding four votes on the grounds that it  should 
             be left to the next NatCom.
        
        [Bergland assumed the chair]
        
        25.  CIVIL  DISOBEDIENCE:   Walter solicited input on Civil  Disobedience.   In 
             response to a query by Hinkle, Bergland said we must beware of violations 
             of RICO.
        
        26.  CENSUS RESISTANCE 1990:  Walter expressed the  view that the LP could lead 
             on  this  issue  and  do well in  community  type  action  leaving  cards 
             indicating action and getting a bill into Congress.
        
        27.  ADVERTISING  DEVELOPMENT  COMMITTEE REPORT:  Bergland  reported  that  the 
             committee has no chair.
        
        28.  LEGAL  ACTION  COMMITTEE  REPORT: Hall  presented  his  report  previously 
             circulated (Attachment G).  Hall moved
                  ->WHEREAS the members of the Libertarian National Committee deem it 
                  to be of the utmost value and importance to the discharge of  their 
                  duties,  and  the  duties  of the officers  and  employees  of  the 
                  Libertarian  Party,  that  heir dealings  with  one  another  on 






                  Libertarian  Party  matters   be  carried on in  an  atmosphere  of 
                  trust,  mutual  respect and regard for honesty, with  no  taint  of 
                  personal advantage or other impropriety;
                  NOW,  THEREFORE,  BE IT RESOLVED that it shall be  the  affirmative 
                  responsibility  of  each NatCom member, and each Party  officer  or 
                  employee,  to  disclose  to  the  NatCom  in  connection  with  the 
                  performance  of their respective duties: (a) if such  person's  own 
                  economic  or other interests might conflict with the  interests  of 
                  the Party in the discharge of such duties; or (b) if such  person's 
                  duty  to others might conflict with the interests of the  Party  in 
                  the discharge of such duties.
                  Any such disclosure shall be made at the earliest opportune moment, 
                  prior  to  the discharge of such duties and clearly set  forth  the 
                  details of the conflict of interest; and
                  BE  IT  FURTHER RESOLVED, that a NatCom member,  Party  officer  or 
                  employee  shall  not: (a) transact business  with  the  Libertarian 
                  Party unless the transaction is fair and equitable to the Party; or 
                  (b) use information gained in the discharge of Party duties to  the 
                  disadvantage of the Party.
             The motion passed on a voice vote.
             Hall moved
                  ->that the LP participate in the lawsuit of the Committee for Party 
                  Renewal.
             The motion passed on a voice vote.
                  ->that  the  LP file an amicus brief in an existing case  aimed  at 
                  striking  down postal service restrictions on petitioning  on  post 
                  office sidewalks.
             The motion passed on a voice vote.
        
        30.  COMPUTER  COMMITTEE REPORT:  Famularo recommended reevaluating purpose  of 
             this committee, moving toward system management.
        
        31.  COMPUTER AUDITOR'S REPORT:  Hinkle urged reported on the inadequacy of our 
             present  screens  and  the  continuing search  for  the  missing  Okidata 
             printer.
        
        32.  MAILING LIST COMMITTEE REPORT:  Johnson reported that a coin company which 
             had  a check bounce had a plausible explanation and they would be  rented 
             the list. 
        
        34.  ADVERTISING/PUBLICATIONS  REVIEW  COMMITTEE REPORT:  Brown  gave  an  oral 
             report.
        
        34A.  MAIL BALLOT PROCEDURES:  Brown moved 
                  ->the  vote  totals and information concerning mail  ballots  shall 
                  remain confidential until after the due date of the mail ballot.
             Kunberger  noted that if the vote is known, pressure, e.g.  for  removal, 
             could  be  brought to bear.  Ahmad expressed the view  that  Kunberger's 
             call  for  less accountability went counter the feelings of  the  general 
             membership.  Hinkle noted that lobbying increases communication among the 
             members.  Murphy argued that keeping a running tally would require  daily 
             phone  calls and mail ballots are not the same as face to  face.  Dasbach 
             argued that we should have enough guts to stand up for our votes.
             The motion failed 9-9.






             Johnson moved
                  ->the  initiation of a mail ballot shall require the signatures  of 
                  at least five members of the National Committee.
             Johnson  indicated that procedures should protect against NatCom  members 
             being erroneously listed as supporters of mail ballot.  Dehn didn't  want 
             process  slowed  down by a requirement for physical  signatures.   Murphy 
             moved to extend time 5 min.  The motion to extend passed on a voice vote.  
             In response to a query by Emory, Ahmad stated that if a listed  supporter 
             denied  having  agreed to issue a mail ballot that would be  grounds  for 
             declaring the ballot null and void.  The motion  failed 7-8.
             Murphy  moved 
                  ->that  all  mail ballots shall be sent to all  National  Committee 
                  members by certified mail.  
             The motion passed 9-5.
        
        34B. CHINESE  STUDENTS:  This item was dropped on advisement that it would  be 
             presented to the Convention.
        
        35.  TIME  OF  NEXT MEETING:   There was no objection to  scheduling  the  next 
             meeting 15 minutes after close of convention business on Sunday.
        
        
        Murphy moved to adjourn.
        The meeting adjourned at 6:13 p.m.
        
        
        Respectfully submitted,
        
        
        Imad A. Ahmad
        Secretary
        
        
        Attachments:
             Attachment A:  Treasurer's Report
             Attachment B:  Director's Report
             Attachment C:  Finance Committee Report 
             Attachment D:  Addendum to Ballot Access Fund Audit Report
             Attachment E:  Affiliate Parties Committee Report
             Attachment F:  Ballot Access Committee Report
             Attachment G:  Legal Committee Report