Document:LNC Minutes 4-5 December 1982

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LIBERTARIAN NATIONAL COMMITTEE

December 4-5, 1982, Winter Park, Florida

Members present

Alicia Clark, Chair                   Leslie Graves, Region 10
Frances Eddy, Secretary           Alan Lindsay, Region 12
Sheldon Richman, Vice-Chair   Matt Monroe, Region 13
David Bergland, Prior Chair     David Walter, Region 14
Michael Emerling, at-large       Jule Herbert, Region 15
Kent Guida, at-large                Howie Rich, Region 16
Chris Hocker, at-large             Jim Lewis, Region 17
Dick Randolph, at-large             Michael Burch, Region 18
Andrea Millen Rich, at-large     Dianne Pilcher, Region 19
Murray Rothbard, at-large
Bill Evers, Region 2                 Alternates present
Mike Hall Region 2                  Phyllis Goetz, Region 11
Dale Pratt, Region 2                 Paul Kunberger, Region 15
David Brazier, Region 3            Lee Webber, Region 17
Gary Palm, Region 4
Emil Franzi, Region 5              Members absent
Paul Grant, Region 6                Vivian Baures, Treasurer*
Lynn Crussel, Region 7             M. L. Hanson, at-large
Dale Hemming, Region 8         Stephen DeLisio, Region 1
Jim Johnston, Region 9             Tom Bogel, Region 11
*participated by phone

1. CALL TO ORDER: The regular meeting of the Libertarian National Committee was called to order by Chair Clark at 9:07 a.m., December 4, 1982 at the Langford, Winter Park, Florida.

2. CREDENTIALS: A new Regional Representative and two Alternates were credentialed. The Secretary announced that: (1) Region 5 has appointed Mary Hopping of Albuquerque, New Mexico, to replace Joe Minella who resigned as Alternate, (2) Clark Hodge has resigned as Region 19 Representative and Dianne Pilcher has been appointed as his replacement, and (3) Region 11 has appointed Phyllis Goetz of Cincinnati, Ohio, as its Alternate, filling a vacant position. Randolph moved that we seat Lew Beyer the Region 1 Alternate. The Chair ruled that without vacancies no new alternate can be appointed. Randolph confirmed that neither the Regional Re~, or Alternate had resigned. The chair ruled Randolph's motion out of order because it is against our Bylaws.

3. REVISIONS TO AGENDA: There was no objection to Hall withdrawing item 5 (Election of Judicial Committee Members). Johnston requested the records show he commends the member for withdrawing the item. There was no objection to Grant reversing the order of items 12 (Headquarters Report) and 13 (Appointment of National Director). Emerling moved to add as item 5 for 10 minutes a preliminary report from the Chair of the Judicial Committee. Evers motion to close debate passed. Emerling's motion passed 24-2-3 by roll call vote--FOR:

Bergland, Brazier, Goetz, Crussel, Eddy, Emerling, 1.,,vers, Franzi, Grant, Hall, Herbert, Hocker, Pilcher, Graves, Lewis, Monroe, Pratt, Randolph, A. Rich, H. Rich, Richman, Rothbard, Hemming, Walter; AGAINST: Johnston, Palm; ABSTAIN: Burch, Guida, Lindsay. ~Iemming's motion to add as 7a for 20 minutes Job Descriptions was debated. Evers called the question and his motion passed. Hemming's motion failed 13-14-2 by roll call vote--FOR: Bergland, Crussel, Evers, Franzi, Grant, Hall, Pilcher, Lewis, Monroe, Pratt, Rothbard, Hemming, 1,~alter; AGAINST: Burch, Goetz, Emerling, Guida, flerbert, Hocker, Johnston, Graves, Lindsay, Palm, Randolph, A. Rich, H. Rich, Richman; ABSTAIN: Brazier, Eddy. A. Rich moved to move item 32 (National Convention oversight Committee Report and Proposed Contract) to 23A. After debate Herbert called the question and his motion passed as did A. Rich's 16-11. Johnston moved to add as 12A for 10 minutes a report from the Chief Executive office. After debate Grant called the question and Johnston's motion passed 18-6. There was no objection to A. 1,,ich's withdrawing item 6 (Discussion of Alicia Clark's Telephone Call to Gillian Jewell Immediately Prior to Billings NatCom Meeting). Hocker moved to move item 34 (Moving National Headquarters out of D.C.) to 27x.  Richinan called the question and his motion passed as did Hocker's. The agenda was adopted as revised.

4. APPROVAL OF MINUTES:  Eddy moved that the corrections to the minutes submitted with the agenda (see Appendix A) be adopted. Herbert renewed his appeal of the Chair's ruling that the Chair has the implicit authority to fire the National Director. Crant moved that in item 28, page 11, "LNC" be substituted for "FLP" and "the FLP" be substituted for "they" so the sentence reads: There was a general consensus that the LNC communicate with the hotel and advice it that the FLP are acting on their own behalf and are not agents of the National Party. There were no objections to Eddy's and Grant's corrections and the minutes of the August 7-8, 1982 meeting were approved as corrected.

5. PRELIMINARY REPORT BY JUDICIAL COMMITTEE CHAIR: Herbert's point of order that a report from the Judicial Committee was out of order was ruled out of order by the Chair. Craig Franklin reported and answered questions. Emerling moved that the original signatures that call for review of the decision to fire the National Director be turned over to N,ational Secretary for verification against the signatures, not the names, further that all materials used by and discussed by the Judicial Committee be made available to this body. In a point of order Guida said Emerling's motion was out of order as this body can't set rules for the Judicial Committee. Emerling's friendly amendment was accepted that rather than instructing the Judicial Committee we call for the Judicial Committee to turn over the signatures to the Nfational Secretary. After debate Richman's motion to suspend the rules to extend debate five minutes passed. After further discussion Richman again moved to extend debate five minutes and his motion passed. In a point of order Johnston said the Secretary is not entitled to make a determination as to whom is a member. The Chair ruled that it has to be done according to the definition of our Bylaws. There was no objection to a three-minute break while the wording of Emerling's motion was finalized as follow: The Libertarian National Committee requests that the Judicial Committee turn over the original petition signatures regarding the National Committee's discharge of Eric O'Keefe to the National Secretary for verification against the signature cards and that the materials reviewed, exchanged, and discussed be made available to the Libertarian National Committee by the Judicial Committee. The question was divided and the first part of Emerling's motion passed 16-11-2 by roll call vote-FOR: Bergland, Goetz, Crussel, Eddy, Emerling, Evers, Franzi, Grant, Hall,, Pilcher, Lewis, Monroe, Pratt, Rothbard, Hemming, Walter; AGAINST: Burch, Guida, Herbert, Hocker, Johnston, Graves, Lindsay, Randolph, A. Rich, H. Rich, Richman; ABSTAIN: Brazier, Palm. The other part of Emerling's motion passed 24-3-2 by roll call vote--FOR: Bergland, Brazier, Goetz, Crussel (feels that an action of this sort should be made public and handled in the most open and forthright manner), Eddy, Emerling, Evers, Franzi, Grant, Guida, Hall, Herbert, Pilcher, Graves, Lewis, Lindsay, Monroe, Pratt, Randolph, H. Rich, Richman, Rothbard, Hemming, Walter; AGAINST: Hocker, Johnston, A. Rich; ABSTAIN: Burch, Palm. [Note: comments in parenthesis in roll call votes indicate how members wished to be recorded as voting.]

6. RESOLUTION OF LIBERTARIAN PARTY OF HAWAII EXECUTIVE COMMITTEE SUPPORTING RIGHT OF CHAIR TO TERMINATE EMPLOYMENT OF THE NATIONAL DIRECTOR: Pratt read the LP of Hawaii's resolution into the minutes (Appendix B). H. Rich read a letter froat Tom Bosworth into the minutes (Appendix B). Bergland announced that because of the continuing question about the Chair's authority to fire the National Director he wanted to propose a motion that will clarify that. Herbert's point of order said Bergland's motion is out of order being brought up under this item. The Chair ruled that any motion germane to the item is in order. Bergland moved: Whereas, the National Committee has heretofore upheld the power of the Chair as Chief Executive officer of the Party to discharge the National Director; and Whereas, some members of the National Committee have challenged this power of the Chair; and Whereas, the National Committee desires to remove all doubt as to the status of former National Director Eric O'Keefe. Now, therefore, be it resolved, that the National Committee does confirm and ratify the Chair's discharge of Eric O'Keefe and further does hereby itself discharge Eric O'Keefe as National Director effective August 8, 1982. In a point of order Johnston said Bergland's resolution was out of order as not germane to the action taken by the Hawaii LP and as the issue was subject under appeal to the Judicial Committee; also as the Chair has a stake in the issue she should step down. In a point of personal privilege Pratt noted that dates of the Hawaii resolution (September 28), the cover letter distributing it (October 4), and the Bosworth letter (October 1). Discussion followed until orders of the day were called. The Chair asked the body to rule on Johnston's point of order. More discussion. Randolph asked about time; it had run out. more discussion. in point of order Grant reminded that time was out. Herbert moved that We indefinitely postpone this matter (point of order ana Bergland's resolution). Herbert's motion failed 12-17 by roll call vote--FOR: Burch, Guida, Herbert, hocker, Johnston, Graves, Lindsay, Palm, Randolph, A. Rich, H. Rich, Richman; AGAINST: Bergland, Brazier, Goetz, Crussel, Eddy, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Lewis, 11onroe, Pratt, Rothbard,, Hemming, Walter. Hemming's motion to suspend the rule and extend debate ten minutes on the whole item passed 12-4. The Chair said she would leave to the body the ruling as to whether the Chair should step down. After discussion Grant called the question and his motion passed. Johnston's point-of-order motion that the Chair step down on this item failed 9-16-3 by roll call vote--FOR: Burch, Guida, Herbert, Johnston, Graves, Lindsay, Palm, H. Rich, Richman; AGAINST: Bergland, Brazier, Goetz, Crussel, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Monroe, Pratt, Randolph, Rothbard, Hemming, Walter; ABSTAIN: Eddy, Hocker, Richman. Chair left to ruling of body whether Bergland's motion is or is not germane to agenda item 7. in a point of information Graves asked that her question and the Chair's answer be recorded in the minutes: Graves: "Do you think that this item of Bergland's is germane to item 7 on the agenda?" Clark: "I have left the ruling to this body and this body will rule." Debate followed. Rothbard called the question. Lindsay's moved to suspend the rules to extend debate ter, minutes. More discussion. Herbert objected to Lindsay's request to withdraw his motion. The motion to extend debate failed 10-13. Johnston's motion--is Bergland's inotion germane--passed 16-13 by roll call vote--FOR: Beryland, Brazier, Goetz, Crussel, Eddy, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Lewis, Monroe, Pratt, Rothbard, Walter; AGAINST: Burch, Guida, Herbert, Hocker, Johnston, Craves, Lindsay, Palm, Randolph, A. Rich, H. Rich, Richman, Hemming. Grant's motion to suspend the rules to extend debate five minutes failed 11-12. Bergland's motion passed 17-3-9 by roll call vote--FOR: Bergland, Brazier, Goetz, Crussel, Fday, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Lewis, Nionroe, Pratt, Rothbard, Hemming, Walter; AGAINST: Burch, Johnston, Richman; ABSTAIN: Guida, Herbert, Hocker, Graves, Lindsay, Palm, Randolph, A. Rich, H. Rich. (See Appendix C for how members wished to be recorded as voting.)

7. RESOLUTION ON ELIMINATING OR RESTRUCTURING OF NATIONAL DIRECTOR POSITION: Bergland moved that "Title 'National Director' is hereby abolished. The Chair, as chief executive officer of the Party, shall employ such persons as are necessary to conduct the business of the Party. The Chair, as chief executive officer of the Party, may delegate the 'day to day' supervision of staff employees to one or more persons. The Chair's appointment of any person to such a supervisory position shall be subject to approval by majority vote of a quorum of the National Committee. All existing resolutions shall be revised or eliminated as necessary to be consistent with this resolution." After Herbert objected to it as a friendly amendment Grant moved to change in third sentence Imay 11 to "shall" and change "more persons" to 11person". Rothbard called the question and his motion passed. The vote on Grant's amendment passed 14-8-2. (Johnston voted no and by that vote absolves himself from financial liability for actions that are taken without vote of this National Committee.) Bergland accepted Grant's friendly amendment to delete the second sentence of his motion. Rothbard noted that time was up. The roll call on Bergland's motion as amended failed 10-18-1 by roll call vote--FOR: Bergland, Crussel, Franzi, Grant, Hall, Pilcher, Lewis, Pratt, Rothbard, Hemming; AGAINST: Brazier, Burch, Goetz, Lmerling, Evers, Guida, Herbert, Hocker, Johnston,* Graves,* Lindsay,* monroe,* Palm, Randolph, A. Rich, H. Rich, Richman, Walter; ABSTAIN: Eddy. (*See Appendix C.)

8. RESOLUTIONS ON TERMS OF EMPLOYMENT AND METHOD OF SELECTION OF CERTAIN FUTURE NATIONAL DIRECTORS: There was no objection to Hocker withdrawing Part A of his resolution (Person to be appointed at December 4-5 NatCom Meeting). Hocker moved "Resolved, that the Libertarian National Committee shall appoint a National Director at its December 4-5, 1982 meetin(j by the following procedure: The National Director shall be elected by a majority vote of the National Committee." Hocker withdrew his name as a candidate for National Director. After debate Emerling called the question and his motion passed 16-8. Hocker's motion failed 14-14-1 by roll call vote--FOR: Burch, Guida, Herbert, Hocker, Johnston, Graves, Lewis, Lindsay, Palm, Randolph, A. Rich, 11. Fich, Richman, Walter; AGAINST: Bergland, Goetz, Crussel, 1,ady, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Monroe, Pratt, Rothbard, Hemming; ABSTAIN: Brazier.

9. NATIONAL CHAIR AND NATIONAL DIRECTOR TO BE EX-OFFICIO (WITHOUT VOTE) MEMBERS OF ALL STANDING COMMITTEES AND SUBCOMMITTEES: Pratt moved "the National Chair and National Director to be 1,;x-officio (without vote) members of all standing committees and subcommittees created by the National Committee unless otherwise specified by the National Committee." After debate Pratt's motion failed 9-12-4. nonroe's motion to recess for lunch until 1:30 p.m. passed 12:28 p.m. The meeting reconvened at 1:47 p.m.

10. PROPOSAL THAT NATIONAL DIRECTOR AND HEADQUARTERS STAFF RESIGN WHEN NEW NATIONAL CHAIR ELECTED: Pratt's motion to table this proposal passed.

11. HEADQUARTERS REPORT: Lanham reported, showed a slide presentation of the old and new National office, and answered questions. Bergland moved to place on Sunday’s agenda as item 24a a 30-minute section regarding financial agenda items 12, 16, 18, 21, and 22. After discussion Pratt called the question and her motion passed as did Bergland's. Bergland's motion to suspend the rules for three two minutes to give a report on the question of personal liability of NatCom members passed 20-2 and Bergland reported.

12. REPORT FROM CHIEF EXECUTIVE OFFICER: Clark reported and answered questions.

13. APPOINTMENT OF NATIONAL DIRECTOR: Clark requested the advice and consent to appoint ~Ioney Lanham as National Director. Bergland moved that we accept the appointment of Honey Lanham as National Director of the Libertarian Party. After discussion Evers' motion to call the question passed. The vote appointing the National Director passed 20-6-2 by roll call vote--F'OR: Bergland, Brazier, Burch, Goetz, Crussel, Eddy, Emerling, Evers, Franzi, Grant, Hall, Pilcher, Lewis, Lindsay (see Appendix C), Monroe, Pratt, Randolph, Rothbard, Hemming, V.,'alter; AGAINST: Guida, flocker, Johnston, Graves, A. Rich, Richman; ABSTAIN: Kunberger, H. Rich.

14. REVIEW OF GOAL ACHIEVEMENTS FROM 1982: Bergland conducted a discussion of the Libertarian Party goals for 1982 adopted November 7-8, 1981. There was no objection to extending time to cover the last two goals.

ADOPTION OF GOALS FOR 1983: Bergland moved to adopt the following goals for the Libertarian Party in 1983.

1. Debt reduction--by convention, pay all loans and reduce vendor debt to 30-day maximum.

2. Increase membership (national) 100% from February 28, 1983 to February 28, 1984.

3. Fund raising: increase % over calendar 1982.

4. Prepare an organizational handbook for state and local L.P. offices.

5. Prepare a marketing strategy based on survey data and professional consultation.

6. Prepare an organizational handbook for municipal and nonpartisan election campaigns. Encourage affiliate parties to conduct campaigns for such offices.

7. Prepare an organizational handbook for participation in single issue campaigns and for participation in organizations and coalitions.

8. Prepare an organizational handbook for developing media contacts and educating media personnel.

9. Assist the state parties to do all preparatory work feasible for 1984 presidential ticket ballot access.

10. Prepare dual level set outreach materials: introductory and substantial.

11. Conduct regional strategy conferences to educate L.P. activists on the subject of strategy and tactics.

Herbert's motion to table goal 3. to the last item before lunch on Sunday passed. After debate there was no objection to 111ocker's request to extend time five minutes. liocker move to add the words "without interferring with on-going political work of the party" before "pay" in goal 1. Evers' motion to extend debate five minutes passed. After debate Graves called the question and her motion passed. flocker's motion passed 14-12-3 by roll call vote--FOR: Burch, Evers, Guida, Hall, Herbert, Hocker, Pilcher, Johnston, Lindsay, Pratt, Randolph, A. Rich, H. Rich, Richman; AGAI11,11ST: Bergland, Goetz, Crussel, Eddy, Emerling, Franzi, Grant, Lewis, Monroe, Rothbard, Hemming, Walter; ABSTAIN: Brazier, Graves, Palm. Herbert moved to delete paragraph 11. In a point of order Beryland said we are out of time and a suspension of rules is needed to consider Herbert's motion. The Chair ruled that lierbert is in order. Herbert's motion failed 10-13. Beryland's main motion as amended on the 1963 goals passed by voice vote.

13. TREASURER'S REPORT: Graves' motion to postpone this item until 10 a.m. Sunday morning failed. There was no objection to Grant's motion to change the order of items 16 (Treasurer's Report) and 17 (O'Keefe Loan).

14. O'KEEFE LOAN: Graves moved that Eric O'Keefe be repaid the $3,900 outstanding balance of his 1980 loan to the Libertarian national Party no later than December 31, 1982. Pratt's point of order said that she believed the motion is out of order and if it's not it's entirely unfair that the other vendors are not equally represented to come and solicit payment. The Chair ruled Graves' motion in oruer. Bergland moved as an amendment to Graves' motion to repay Mr. O'Keefe the $3,900 the Party owes him at the rate of $1,500 a month starting in December 1982. After debate Evers' motion to call the question passed. Evers' motion to amend passed 18-11 by roll call vote--FOR: Bergland, Brazierl 13urch , Eversf Hall Hocker, Pilcher, Johnston, Graves, Lewis, Lindsay, Palm, Randolph, A. Rich, H. Rich, F,, i chi-na n , Hemming, Walter; AGAINST: Goetz, Crussel, Edcay, Emerling, Franzi (Region 5 includes New Mexico), Crant (wants to support repaying the whole thing by the end of December), Cuida (same reason as Grant), Kunberger' (same reason as Crant), Monroe, Pratt, Rothbard. Pratt's motion to extend debate three minutes passed 17-3. The vote on Graves's main motion as amended passed.

15. TREASURER'S REPORT: Walter reported for Baures. At-ter debate, Crussel's motion to adjourn until tomorrow at 8 a.m. passed at 5:33 p.m.

19. AUDIT COMMITTEE REPORT: The Chair reconvened the meeting at 8:25 a.m. on Sunday. Walter reported and answered questions. 1~."alterls motion to extend debate five minutes passed. Walter moved the LNC adopt the following resolution: This Committee endorses sound financial practices and controls in the operations of its affairs. From time to time it is appropriate to add or modify such controls in order to strengthen the stewardship responsibility toward our contributors' funds. The following policies are established:

1. Each Monday, the National Director is required to report, in writing, the LNC's income for the previous week, the check book disbursements for the previous week, and a detailed list of new commitments to spend $100 or more. The report will be sent to the Chair and the Treasurer will provide a list of open commitments at each LNC meeting. The Chair and Treasurer are responsible for determining the appropriateness of the reported activity and for timely action to halt or correct improper activities.

2. The National Director is cautioned to observe the resolution of 9/4/78 limiting the Director's authorization to disburse funds for unbudgeted projects to $,1000 unless National Committee approval is obtained. It is further noted that the Director must secure the National Chair's approval for all unbudgeted projects. Failure to follow this policy may be cause for dismissal. The Treasurer is required to report all violations of this policy to the National Committee.

3. It is the LNC's intention that the LNC will not be responsible for the debts incurred by future presidential campaigns or any other campaign. Howeverl, the LNC may vote to make monetary and nonmonetary contributions to such campaigns under the limits prescribed by law. If such contributions are made, they shall be made only after such candidate or campaign has agreed to meet the reasonable financial and budgetary controls set by the LNC.

No candidate or staff member of a campaign is permitted to place orders, make purchases, or sign contracts in any manner that would lead a person to assume that the LNC is liable for the debt.

The Secretary is responsible for publicizing this policy to all candidates for the presidential nomination and other candidates who seek aid from the LNC or the national office.

4. The Treasurer shall make available to LNC members or state chairs upon request monthly monthly financial statements within twenty days of the end of the month for which the information is provided. there was no objection to Evers' motion to extend debate five minutes. Walter's motion passed.

20. DISCUSSION OF NEED TO FORM A "YOUNG LIBERTARIAN PARTY" CAMPUS-TYPE UNIT: Walter moved that the Libertarian National Committee create a temporary "Campus Libertarian" Committee and name an interim Chairman. The Chairman, and such others as he/she may appoint, will investigate the need for a permanent CL unit and report his or her findings at the March 12-13 meeting in San Mateo. After discussion Walter's motion passed. Evers moved that the committee be Scott Olmsted, Kathleen Richman and Jay Hilgartner with Olmsted at Chair. Evers motion passed.

21. RESOLUTION ON FUNDS APPROPRIATED FOR LNC PROJECTS: Monroe moved "No funds will be appropriated by the rational Committee for National Committee projects unless those funds are present in the party treasury at the time when the appropriations are made. The funds should be specifically designated for the project for which it is to be used." After debate Hocker called the question and his motion passed. The vote on Monroe's motion failed 3-20-3 by roll call vote--FOR: Franzi, Lewis, Monroe; AGAINST: Beryland, Brazier, Burch, Eddy, Emerling, Grant, Guida, fierbert, 11ocker, Pilcher, Johnston, Graves, Lindsay, Palm, Randolph, A. Rich, H. Rich, Richman, Hemming, Walter; ABSTA I N: Crussel, Pratt, Rothbard.

22. BUDGET COMMITTEE REPORT: Walter's motion to suspend the rules to take the Finance Committee Report before the budget report is given passed.

23. FINANCE COMMITTEE REPORT: Monroe reported. The Chair interrupted his report at 10:05 a.m. to move to the room with the telephone for talking with Baures.

24. PHONE CALL TO TREASURER: The meeting reconvened at 10:15 a.m. with a phone call to Baures who reported and answereo auestions on the Treasurer's Report and Budget. The meeting recessed at 11:05 a.m. to reconvene in the regular room at 11:11 a.m.

25. FINANCE COMMITTEE REPORT: Monroe answered questions. Johnston moved to extend debate 10 minutes and his motion failed 15-10. Graves requested that her entire memo of December 5, 1982 on Monroe's December 1 Finance Chair Report be appended to the minutes. (See Appendix D).

26. BUDGET COMMITTEE REPORT; Beryland moved to reduce thee Campus Libertarians item on Levels I and II from $5,000 to $1,000 and add the $4,000 to item 205-7 Debt Service-Vendor. Herbert moved that we adopt the budget as presented by Baures, with Bergland's motion as an amendment to it. i'he vote on Bergland amendment passed. Bergland moved to cut the Level I of 801 Ballot Drive Contr. from $50,000 to $25,UOO. After debate the vote on his motion failed. The budget (see Appendix E) was approved as amended.

27. 1983 FUND-RAISING GOAL: Herbert moved to set 75% as the amount of increase in fund raising over calendar 1982 in goal 3. 11)ergland moved to amend the percentage to 50% After discussion the vote on Bergland's amendment failed 8 12 and the vote on Herbert's motion passed. At 11:53 a.m. it was decided to adjourn for lunch until 1 p.m. The meeting reconvened at 1:15 p.m.

28. MAILING LIST COMMITTEE REPORT: Bergland reported. There was no objection to Bergland's motion that the National Chair and National Director be Ex-officio members of the Mailing List Committee and that one or more voting members be added to the committee. Bergland announced his appointment of Mike Hepple, conditional on his acceptance, and asked for recommendations for other members up to a total of five voting members.

29. NATIONAL CONVENTION OVERSIGHT COMMITTEE REPORT AND PROPOSED CONTRACT: Grant reported and moved that the proposed contract (see Appendix F) between the LNC and FLP for the 1983 LP Presidential Nominating Convention be accepted and ratified. After discussion Grant's motion passed. A. Rich reported on behalf of Gary Greenberg and requested any recommendations for the convention be sent to him. Burch called for orders of the day. There was no objection to Franzi's request that time be extended for 5 minutes. In a Point of personal privilege Grant announced his resignation effective then as Chair of this Committee. Herbert volunteered for the vacancy and was appointed by the Chair.

30. ADVERTISING AND PUBLICATIONS REVIEW COMMITTEE AND ADVERTISING AND PUBLICATION SUBCOMMITTEE REPORTS: There was no objection to Bergland's request to combine items 24 and 27a. Bergland yielded the floor to Publications Director Kathleen Richman who reported on publication plans. Hocker and Beryland reported.

31. INTERNAL EDUCATION COMMITTEE REPORT: Walter reported on the Platform Study Committee, the basic principles program, and other Internal Education projects. Hocker reported on political skills and Clark reported on organizational skills.

32. NATIONAL CONVENTION OVERSIGHT COMMITTEE: The Chair announced that she was mistaken in making the appointment to fill the vacancy on this committee and that the proper Procedure is for NatCom to make the appointment. H. Rich moved to appoint Jule Herbert to the committee. Lvers moved by substitution to fill in the name Tom Bogel. Bergland requested Evers to withdraw his amendment and he would move to expand the committee to six members and add Tom Boyel after Herbert is appointed. Richman moved to table the main motion (Rich's motion to appoint Herbert) and amendment (Lvers substitute motion of Bogel's name) pending consideration of expanding the committee to six members. Evers called the question. Richman's motion passed. Beryland moved to expand the Convention Oversight Committee to six members passed 15-5-4 by roll call vote-FOR: Bergland, Crussel, Guida, Kunberger, Hocker, Graves, Lewis, Lindsay, Monroe, Pratt, A. Rich, H. Rich, Richman, Rothbard, Hemming; AGAINST: Emerling, Evers, Grant, Hall, Pilcher; Abstain: Brazier, Eddy, Franzi, Walter. Richman moved to lift from the table his motion and then moved to substitute that the new seat and old vacancy be filled by Tom Bogel and Jule Herbert. Richman's motion passed.

33. MEMBERSHIP COMMITTEE REPORT: Franzi reported and answered questions.

34. OUTREACH COMMITTEE REPORT: Richman reported. H. i\,ich reported and answered questions on Campaign 182. Richman motion to abolish the Campaign 1982 Subcommittee passed. Richman motion to abolish the Libertarian Congressional Committee passed.

35. DISCUSSION OF A CAMPAIGN '83 SUBCOMMITTEE: Richman moved that we create a Campaign '83 Subcommittee with Geoff Steinberg as Chair. In a point of order it was pointed out that the chair of the Outreach Committee appoints the chair of his subcommittees with the approval of the National Chair. The Chair consented to Richman's appointment. Bergland moved that Richman and the subcommittee chair prepare a statement of purpose for the Campaign '83 subcommittee and proposed budget and submit it to the NatCom for their approval. There was no objection to accepting Bergland's motion. Time expired. In a point of personal Privilege Lindsay expressed appreciation for the work of the Campaign '82 Committee (see Appendix C).

36. 1985 NATIONAL CONVENTION PREPLANNING COMMITTEE: Franzi motion to suspend the rules to delete items 27x (moving National Headquarters out of D.C.) passed. There was no objection to his request to take up item 33 next. Franzi submitted the bid from the Arizona LP. Grant reported and answered questions.

37. PERSONAL LIABILITY OF NATCOM MEMBERS: Bergland motion to suspend the rules to propose a resolution on personal liability passed 15-0. Bergland moved: RESOLVED that the officerst employees, agents, and members of the National Committee of the Libertarian Party shall not be persQaally liable for any debt, liability, or obligation of the Party. BE IT FURTHER RESOLVED that all persons, corporations, or other entities extending credit to, contracting with, or having any claim against, the Libertarian Party may look only to the funds and property of the Libertarian Party for the payment of any such contract or claim, of for the payment of any debt, damages, judgment, or decree, or any money that may otherwise become due or payable to them from the Libertarian Party. After discussion Bergland's motion passed.

38. 1983 BALLOT DRIVE: Grant reported and answered questions. Hocker's motion to adjourn failed.

39. BALLOT ACCESS LITIGATION: Kunberger moved RESOLVED that the Libertarian National Committee establish a legal action committee to investigate, recommend and coordinate legal action on behalf of and in support of the Libertarian Party. After debate Bergland moved that the committee be a fivemember one and that the chair be appointed by the National Chair and the chair will appoint the other committee members. After further discussion Bergland called tne question. Kunberger's motion as amended by Bergland passed. Clark appointed Paul Kunberger chair of the committee. Hocker's motion to adjourn passed at 4:32 p.m.

Respectfully submitted,

Frances Eddy

Secretary

Attachments: Appendices A, B, C, D, E, F, G.

Appendix A (Correction to Billings ininutes)

Appendix B (LP of Hawaii memo and Tom Bosworth letter)

Appendix C (How members wished to be recorded as voting on some roll call votes)

Appendix D (Leslie Graves' memo on Finance Chair's Report)

Appendix E (Budget approved for 1983)

Appendix F (1983 Presidential Nominating Convention Contract)

Appendix G (Update to Compiled Resolutions)

December 4-5, 1982

APPENDIX A

(see Item 4-Approval of Minutes)

CORRECTIONS APPROYED TO AUGUST 7-8, 1982 BILLINGS MINUTES:

Update resolutions--add under Section A, 231.:

PROJECT LIBERTY'S ATTEMPT TO REPEAL THE INCOME TAX: WHEREAS the income tax is an unjust and heavy burden on the middle class, the working poor, on the young, women, minorities, and indeed an all Americans; WHEREAS income tax provides billions of dollars for an ever-growing, greedy, irresponsible federal government; WHEREAS the only flat rate income tax a true defender of liberty can support is a flat rate of zero; BE IT RESOLVED that the Libertraian Party calls for an immediate and unconditional end to the income tax; BE IT FURTHER RESOLVED, that we support Project Liberty'5 efforts to abolish the income tax now.(8/7-8/82:35)

To be consistent show following motion which passed in Boldface:

ITEM 23: recommendations appearing in LP News for the study of Internal Education material not produced by the LP shall be accompanied by a disclaimer to the effect that they say contain material inconsistent with the LP Platform. The only authoritative statement of LP positions is contained in its platform.

 

APPENDIX B

Isee minute item 6)

28 SEPTEMBER 19B2 RESOLUTION FROM LIBERTARIAN PARTY OF HAWAII:

FESOLUTION ON CHAIRS AUTHORITY

Nbereas: Alicia Clark was elected Chair of the Libertarian Party in a duly constituted National Convention of Party members, and

Whereas: The Bylaws of the Libertarian Party clearly state that the elected Chair is the Chief Executive Officer of the Party, and

Nbereas: The duties and rights of a Chief Executive Officer are easily understood by objective observers, be it

Resolved: That the Libertarian Party of Hawaii fully supports the right of the Chair to unilaterally terminate the National Director, and be it further

Resolved: That the Libertarian Party of Hawaii requests that our regional representative to the National Committee reads this resolution into the minutes of the first succeeding National Committee meting pursuant to passage.

Letter from Tom Bosworth:

Tom Bosworth
1541 Dominis St # 1002
Honolulu HI 96822

1 October, 1982

Howie Rich
Box 120
Orangeburg, N.Y.
10962

Dear Howie,

I've changed my mind about the propriety of Alicia Clark's firing of Eric O'Keefe before the Nat Cam meeting in Billings.

Since the LP-Hawaii Exec Comm vote to uphold the action, I have had a chance to read various letters from Alicia Clark, David Bergland, Bruce Najors, Ed Crane, and Chris Hocker. I no longer think that Alicia's authority to fire the Nat'l Director is so clear cut as we were led to believe. She may have that authority, but those speaking against her action have raised a doubt in my mind which I cannot clear up on the basis of the information I have.

Therefore, I request that the Judiciary Committee be convened to invetigate the firing of Eric O'Keefe from his position of National Director of the Libertarian National Committee, and that the Judiciary Committee make its findings and recommendations known to the entire national membership of the Libertarian Party.

I have spoken with a couple of other people about this, Howie, and will be discussing it with other members of the LP-H executive committee.

If there is anything else I can do to help, please let me know.

Ny Best to you, Howie,

signed; Tom Bosworth

 

LNC, December 4-5, 19B2

APPENDII C

(see minute items 6, 71 139 35)

NERBERS ASKED TO BE RECORDED AS VOTING AS THEY DID FOR THE FOLLOWING REASONS

Item fi-Vote an Bergland's resolution ratifying Chair's discharge of Eric O'keefe and NatCom's discharge of his:

6uida: Because this vote is illegal, having been smuggled onto the floor under cover of the reading of a resolution of the executive committee of the LP of Hawaii. A majority vote of the NatCom is not sufficient to suspend the rules for this purpose.

Johnston; I voted no an the dismissal vote because the National Committee does not have authority to vote that it will not abide by the rules.

Braves: Because this item is clearly illegal on the ground that we had absolutely no notice, as required in Robert's and the standing Resolutions of the LK, that this item was to appear on the agenda.

Lindsay: The failure of the mover to offer this motion as an agenda item, thereby providing insufficient time for its consideration, recossends the defeat of this notion. While from time to time an emergency say require the suspension of the rules to consider a matter not on the agenda, there exists no compelling reason why this motion eight not have been subsitted at an earlier time.

A. Rich: Abstain on Bergland motion to fire O'Keefe because this is clearly an illegal and reprehensible motion. H. Rich. Blatantly illegal act by NatCom.

Richean: No---on the grounds that a yes vote would be a high insult to the judicial process selected by our Convention. Burch: Concurs with Richman's count.

Hes 7-Vote an Bergland's resolution to restructure National Director Position:

Johnston: The National Committee is not entitled to formulate its an rules in this regard because Robert's Rules specify on page 367 the relationship between employed persons by the Board, their responsibilities and authority and that they cannot formulate its own rules is an page 404 and this in my opinion is a patently illegal action.

Braves: No on ground that this motion is beating a dead horse. The LNC effectively, albeit illegally, ceded its authority over control of the party to the Chair on August 8, 1982 and this motion is simply another attempt to create an after-the-fact cover up.

Lindsay: sate reason as given in item 6 above.

Monroe; I believe it will created sane confusion who manages National office.

Richman: No-on grounds that this is another insult to the national convention. Burch. For saw reason as Richsan's.

Item 13-Vote an appointment of Honey Lanham as National Director:

Lindsay; I vote for Ks. Lanham with great reservations. However I will defer to the Chair and consent to her choice. I note that Ns. Lanham's presentation indicated administrative abilities with regard to finances and office management, but no mention of program development. The most important duty of the Director is the development and implementation of programs to achieve the goals of this committee. I would suggest that Ns. Lanham would appear to be better suited to the job of office manager. I would advise the chair to admonish Ns. Lanham to concentrate more of her attention to developing programs to achieve political goals. This is a proper function for the director of any political organization and in particular a political party.

POINT OF PERSONAL PRIVILEGE

Item 35--Lindsay's point of personal privilege on Campaign '82 Subcommittee:

I appreciate the efforts of the campaign 82 subcommittee, in particular the candidate recruiting effort. This committee recruited good candidates in areas where no L.P. candidates bad run before. (Carolyn Williass--Little Rock City Board of Directors; James Bradshaw, Hississippi, US Congress). This committee also recruited James Agnew of LA who received 231 of the vote in his race for U.S. Congress, the highest percentage ever pulled by the L.P. in a congressional race. Special thanks to Doug Northrop who recruited James Agnew, despite the great obstacles he encountered. Campaign 02 is to be commended for their persistence in candidate recuritsent.

 

LNC, December 4-5, 19B2

APPENDIX D

TO: Libertarian National Committee

FRON: Leslie Graves (Key) former LNC Finance Chair

SMECT: Natthew Nonroe's December I Finance Chair Report

DATE: December 5, 1982

1 strongly recommend that we reject the December I report of the Finance Chair.

It appears to be filled with errors an the subjects--debt, income, and fundraising-that are of most crucial importance to the operations of the national LP.

Herewith, a list of the errors, with comments indicating the true situation. Please consult Treasurer Vivian Dawes for clarification, confirmation, or changes.

1. (Page 1, Lines 21-27) 'The present finance committee assisted in sending fund raising letter to 17,000 potential contributors in the beginning of October at no expense to the Libertarian Committee. The low cost venture was done at no expense to the national party and raised over 013,000.'

COMM: According to Vivian, the total income to the LNC from this fundraiser through November 22, 1982 was $9,408.25.

Clearly, part of the figure of $13,049.25 presented to us by Honey Lanham and the Finance Chair was derived by counting the $4,373.00 cost of the sailer, which wsa contributed by the Texas LP, as revenue from the sailer as well; in other words, it was i;;bled-counted. Since any given contribution can only be siw-once,--aw iiis--particularly contribution was spent to fund the sailer, it can't be counted again as revenue.

It should be noted that, historically, a figure of $9,400 (or, for that matter, of $13,000) raised in a party-Nide mailer one month before a national election is extremely low.

2. (Page 1, Paragraph 3) '1 had reported to you that the debt was in the range of $135,000. This number was incorrect. I gave you the incorrect figure because numbers given to me by the former national director were incorrect.'

COMM: Financial information given at NatCos meetings is presented by the Treasurer, Vivian Baures, with additional information supplied by the Audit Committee Chair, David Walter. They have had regular access to the party's financial information for well over a year and are responsible for its accuracy. It's may past time to stop such recriminations against Eric O'Keefe, and, for that matter, Baures and Walter.

3. (Page 1, last paragraph) 'The debt #as such higher. It appears that not all debt was reported.'

COWIENT: The only debt that our Treasurer now acknowledges that she did not previously report is $17,000+ for the Clark campaign. She did not, for example, include this debt in the 7/31/82 Balance Sheet that she submitted to us on September 25 1982. Her failure to do this was perfectly proper because the UP debt remains the CfP's, not ours. thider the ter~ of our agreement with CfP, our to-be-conducted transaction of names for debt is not c2ioleted until the debt is gone. This is not, as Lanham and Nonroe have suggested, some mysterious new debt. We have always received reports about the size of the UP debt; perhaps Vivian should have been including it all along in our Balance Sheets, but it is not a 'newly discovered' debt.

4. (Page 1, last paragraph) '1980 debt was not included in the debt.'

CONNENT: This is simply not true. In the aging of accounts presented in Billings (a EOPY Of which was attached to the current aging of accounts handed out on Saturday in the HO package), we find an item clearly labeled '1980 debt' at $10,996.82. In fact, the HO's aging of accounts has routinely shown 1980 debt--Aich has been reported to the NatCos-since Vivian became Treasurer.

5. (Page 1, last paragraph) "In addition, on the first account, our checking account was overdrawn in the amount of MW which should be added to our short term debt.'

MWAEKT-. No checks bounced in the first seven months of 1982, although sow reports indicate that several 1bave in the last four months. It is unlikely that Monroes claim here is accurate, and it is clearly unsubstantiated. The LNC should not accept such a serious assertion without documentation.

6. (Page 1, last paragraph) "fly estimate is that the debt was in the range of S165,000 to S175,000.,

COMMENT: There is no substantiation whatsoever in any reports from the Treasurer or Auditor that bears out this claim. Either Monroe is wrong, or Vivian and David Water are.

7. (Page 1, last paragraph) 'This debt has been reduced somewhat ... and further reduced on November 30, 1982 to $137,366.51. This trend of reducing the debt from all time high of approximately $170,000 to $137,000 is encouraging.2

COMMENT: We sees to have achieved the impossible. The total income from 8/82-10/82 was $82,996.02. Operating (that is, non-debt) expenditures were $81,752.04. This leaves about $1200 with which to reduce the debt, somewhat shy of the $33,000 reported by Monroe. It also contradicts information supplied by the Treasurer.

S. (Page 2, top paragraph) 'Enclosed please find IM review of our fund raising letters and as you can see until July @ailing all the fund raising letters were net losers.'

COMMENT: The review referred to contains flagrant errors. The correct information does not bear out Monroe's statement, including his insinuation on Saturday that the figures from the January sailing say have been 'doctored' by O'Keefe. I have attached a corrected review, in accord with Vivian's figures. According to Vivian, she furnished these figures to Lanham, and they should have been incorporated in this presentation.

9. 'Around July you can see there seems to be some turn around with "Texas ballot drive letter" signed by Alicia at a cost of $10,000 which brought in approximately $14,000."

COMMENT: A) It didn't test $10,000. It cost 64,W.39. Again, this figure had been furnished by Baures.

B) It didn't raise $14,000. It raised $11,840.39. Again, this figure is unknown.

C) It was ky no means the first letter in 1982 to show a net profit. In addition to the earlier effort indicated an the corrected chart, O'Keefe did numerous smaller direct-sail packages to selected geographical regions and selected portions of the mailing list. Me can see from 7131/82 Income Statement furnished by Vivian that $519316.00 was raised by O'Keefe with these mailings, yet this information is neither presented or acknowledged by Monroe in his report. (It should be noted that the successful 'Texas Ballot Drive* sailer was written by Christ Hocker for Mrs. Clark's signature at the instigationof O'Keefe.)

10. (Page 2, paragraph 4) 'Our current number of monthly pledgers is close to 550 monthly pledges.'

COMMENT: This is as good a place as any to ask why me have had such a substantial drop-off in pledge income since July, which, accordingly to the Finance Chair, was the first month he truly 'had input.' According to Vivian's reports, pledge income averaged $813481month in the first seven months of 1982. The average for the last four months, unfortunately, has delined to $6,425. If indeed the number of monthly pledges can be raised to 2400, the start has been less than auspicious.

Some possible reasons for the decline in monthly pledge paymetns eight be (1) the poorly-done reminder notices which have failed to specificlaly ~Rk for the pledge payment and (2) the failure to mail reminders on a timely basis. The October reminder was postmarked October 21, and many pledgers have yet to receive a November reminder.

It. (Page 4, Paragraph 2) 'From the practical standpoint, it is very difficult to carry normal party activities at this tin when irate vendors constantly phone demanding payment. At this time nine vendors have threatened to sue us unless we pay in time.'

COMM: The implication here paints a very misleading picture. As Vivian reports have indicated all along, debts were being paid routinely, if for no other reason than that a NatCos resolution mandated payment of debt, as did the 1902 budget, and Vivian has been vigilant inher supervision of these requirements. For the first seven months of 1982, and Vivian has been vigilant in her supervision of these requirements. For the first seven months of 1982, there was essentially no change in the level of party debt, in spite of massive expenditures for ballot drives.

 

The true situation--and this is simple fact, rather than any attempt to rehas past disputes-is that sow vendors panicked at the sudden transition in administration in August and attempted to accelerate their payment schedules. This can be independntly verfied by at least two NatCos members who conversed with some of these vendors. Far the most part, vendors have not been "irate,* but simply married; the 'threat of a lawsuit,' whatever that say mean, is not particularly unusual, nor is it the saw as an actual lawsuit, which has not occurred.

12. Wage 4, Paragraph 4) ISuggestion that state parties will raise money for the National LP)

COMMENT: All available history would indicte that this attemp will fail. State parties have enough trouble raising their own money, and have always balked at suggestions they raise it for National. WhIe whatever success may have been achieved in Texas and Southern California is commendable, these hardly serve as a representative cross-section of the state parties.

13. (Page 4, Paragraph 5) 'The total expense to maintain the national headquarters is inthe region of $12,000 per month.'

COMIENT: This is another apparent error on an important topic. Vivian's 10/31/02 statement clearly shows that the monthly operating expenses have averaged $18,051/month for 8/82-10/82 tan increase of $3,000/month over the first seven months of 1982, also according to Vivian's report). The discrepancy between the Lanham/Nonroe story and Vivian's statement should be explained.

14. Wage 4, Paragraph 6) 'The trend toward increasing our debt has been reversed.*

COMM: Again, there is absolutely no evidence that either a) the debt has been increasing, or b) that such a trend his been reversed; in fact, the Treasurer's figures indicte the opposite.

The errors evident in the report of the Finance Chair, which in same significant cases were repeated in the Headquarters Report, appear to present a highly inaccurate, incomplete, and misleading financial picture of the national party.

Before the NatCom accepts this report, it is critically important that the errors be corrected and the discrepancies explained.

Direct Mail Income (Substantive corrections to December I Finance Chair Review)lt

Month ID Cost Revenue Net List

January Nebcraft $11,856.35 $121"5.00 S 1,048.65 all contributors/

prospects

February Ve Hold These same Sam San San

Truths

March Tax Protest Sam same San

Joe David Koch $5,609.24 $16,767.00 $11,157.76 22,000 actives

drive

July Texas ballot / $4,382.39 $11,840.39 S 7,450.00 top 10,000 actives. +regional

October Texas LPICIark ?? 9,406.25 (t) S 9,408.25actives

(1) current through November 22, 1982

It Table to which these corrections apply is attached as page 19