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