2017 04 15 LNC Minutes
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LNC MINUTES PITTSBURGH, PA APRIL 15-16, 2017 CURRENT STATUS: AUTO-APPROVED MAY 21, 2017 AMENDED BY LNC: JUNE 30, 2018 CALL TO ORDER Nick Sarwark called the meeting to order at 9:02 a.m. (all times Eastern) ATTENDANCE Attending the meeting were: Officers: Nick Sarwark (Chair), Arvin Vohra (Vice-Chair), Alicia Mattson (Secretary), Tim Hagan (Treasurer) At-Large Representatives: Sam Goldstein, Daniel Hayes, Joshua Katz, Bill Redpath, Starchild Regional Representatives: Caryn Ann Harlos (Region 1), Ed Marsh (Region 2), Brett Bittner (Region 3), Jim Lark (Region 5), David Demarest (Region 6), Whitney Bilyeu (Region 7), Patrick McKnight (Region 8) Regional Alternates: Steven Nekhaila (Region 2), Ken Moellman (Region 3) (arrived at 9:27 a.m.), Aaron Starr (Region 4), Trent Somes (Region 5), Sean O’Toole (Region 6) Staff included: Executive Director Wes Benedict, Operations Director Robert Kraus, and contractor Lauren Daugherty Not attending were: Jeff Hewitt (Region 4 Representative), Steven Nielson (Region 1 Alternate), Danny Bedwell (Region 7 Alternate), Larry Sharpe (Region 8 Alternate) The gallery contained numerous other attendees in addition to those listed above. ADOPTION OF THE AGENDA Starting from the proposed agenda: Mr. Hayes moved to add a 15-minute item for Social Media Management immediately following Staff Reports. The motion was adopted by a show of hands. There was no objection to Mr. Sarwark’s request to adjust the lunch schedule to a time certain, lunch at 12:15 p.m., followed by a 12:30 p.m. presentation about the hotel’s interest in hosting a national convention, and a hotel tour until 1:45 p.m. LNC – Pittsburgh, PA – April 15-16, 2017 Page 1 There was no objection to adopting the agenda as amended, which resulted in the following agenda: Report of Potential Conflicts of Interest (Mattson) 3 minutes Officer Reports Chair's Report 15 minutes Treasurer's Report 15 minutes Secretary's Report 15 minutes Staff Reports 45 minutes Social Media Management 15 minutes Counsel's Report 30 minutes Reports of Standing Committees Audit Committee 10 minutes Affiliate Support Committee 15 minutes Awards Committee 5 minutes Convention Oversight Committee 20 minutes Employment Policy & Compensation Committee 5 minutes IT Committee 25 minutes Platform Committee (appointments) 30 minutes Bylaws and Rules Committee (appointments) 30 minutes Credentials Committee 5 minutes Ballot Access Committee 25 minutes Reports of Special Committees Committee to Review 2016 Campaign 30 minutes Historic Preservation Committee 15 minutes New Business with Previous Notice Discussion of Membership Program Edits (Bittner) 30 minutes Seeking appointments for Libertarians: Funding, staff direction (Katz) 15 minutes Direction to staff regarding media (Katz) 10 minutes Lapsed Member and Renewal Recruitment (Harlos) 10 minutes Document Destruction and Whistleblower Policies (Mattson) 10 minutes Regional Reports 5 minutes each Time Certain Items : 12:15 p.m. lunch, 12:30 p.m. presentation about hotel’s interest in hosting a national convention, hotel tour until 1:45 p.m. REPORT OF POTENTIAL CONFLICTS OF INTEREST The Secretary reported that since the previous meeting, the following changes in potential conflicts of interest were submitted: Mr. Hayes has been elected as Treasurer of the Louisiana Association of Parliamentarians. Mr. Katz added the following items: Recipient of funding from Federalist Society to attend James Kent Summer Academy. Summer associate at law firm serving as general counsel to 10, and special counsel to approximately 50, municipalities. Workload includes, other than municipal litigation, training municipal officials in parliamentary procedure and Missouri sunshine laws. LNC – Pittsburgh, PA – April 15-16, 2017 Page 2 Mr. Starr is no longer a 2016 candidate for Oxnard (CA) City Council. Dr. Lark is no longer serving on the Board of Directors for the Advocates for Self-Government. The following updates were reported during the meeting: Mr. O’Toole is no longer a 2016 candidate for Missouri State Treasurer. Mr. McKnight is no longer a New Jersey state director for the Gary Johnson presidential campaign. Mr. McKnight is now campaign director for Peter Rohrman for Governor of New Jersey. Mr. Somes noted that the tax status of the Libertarian Youth Caucus has changed to be a 527 organization. Mr. Bittner is no longer Executive Director of the Advocates for Self Government Mr. Bittner is no longer a member of the Indiana State Central Committee. OFFICER REPORTS CHAIR’S REPORT Mr. Sarwark had submitted a written report in advance (see Appendix A). He supplemented with an oral report and fielded questions. The LNC took no action. TREASURER’S REPORT March financials had been submitted to the LNC in advance. Mr. Hagan supplemented with an oral report and fielded questions. The LNC took no action. SECRETARY’S REPORT Ms. Mattson had submitted a written report in advance (see Appendix B). Ms. Mattson moved to approve version 3 of the 2016 national convention minutes, which had been submitted in advance. Following debate, the vote was as follows: Voting “aye” : Bilyeu, Bittner, Goldstein, Hagan, Hayes, Katz, Lark, Marsh, Mattson, McKnight, Redpath, Starr, Vohra Voting “no” : Demarest, Harlos, Starchild Abstaining : Sarwark The motion was adopted with a vote total of 13-3. STAFF REPORTS Mr. Benedict had submitted a written staff report (see Appendix C), and he supplemented with a presentation. Ms. Daugherty reported on fundraising efforts. Both fielded questions. The LNC took no action. COUNSEL’S REPORT Without objection, the LNC took up the counsel’s report (see Appendix D) out of order at 11:00 a.m. Oliver Hall had submitted a written report in advance. He joined the meeting by teleconference, supplemented with an oral report, and fielded questions. He noted that after we filed the amicus brief in Wilson v. Sessions , the U.S. Supreme Court denied the petition for certiorari. Even though the courts in the Level the Playing Field v. LNC – Pittsburgh, PA – April 15-16, 2017 Page 3 Federal Election Commission lawsuit had ordered the FEC to reconsider plaintiffs’ petition for rulemaking and enter a new decision within 60 days, the FEC reconsidered it and again retained their position that the Commission on Presidential Debates is a non-partisan organization. Mr. Sarwark moved to amend the agenda to consider amending the legal expense budget. There was no objection to the agenda change. Mr. Sarwark moved to increase budget expense line 75-Litigation by $5,000 for unexpected cost overruns in ongoing cases. Following debate, there was no objection to the motion. SOCIAL MEDIA MANAGEMENT Mr. Hayes moved to insert a new Policy Manual Section 2.06.5 Social Media to read as follows: Only LNC employees and contractors shall serve as administrators of, serve as moderators of, or post content to, the Party’s social media accounts. Following debate, Mr. Goldstein moved to refer this subject to an interim study committee to review the LP social media programs, to report back to the LNC no later than the next LNC meeting, and that committee shall consist of three LNC members and/or alternates and two non-LNC members. Mr. Starr moved to amend the Goldstein referral motion to establish that the Hayes motion would also be adopted and take effect immediately. The discussion continued until 12:30 p.m., at which time the LNC heard a presentation from Visit Pittsburgh and from staff of the host hotel about the hotel’s interest in hosting a national convention. Following a tour of the hotel facilities, the discussion of social media management resumed at 2:05 p.m. Mr. Nekhaila moved to amend the Starr amendment to replace the Hayes language with “Add a new position to the APRC, to be appointed by the APRC Chair, whom shall vet all posts scheduled on Facebook with the expectation of reviewing content for professionalism and brand integrity. Posts deemed to be potentially harmful shall be suspended from the queue and deferred to the APRC Chair for final review. This position shall th expire at midnight of August 20 , 2017.” Following debate, the vote on the Nekhaila amendment to the Starr amendment was as follows: Voting “aye” : Bilyeu, Demarest, Hagan, Harlos, Nekhaila, Starchild, Vohra Voting “no” : Goldstein, Hayes, Katz, Lark, Mattson, McKnight, Moellman, Starr Abstaining : Redpath, Sarwark The amendment failed with a vote total of 7-8. The vote on the Starr amendment to the referral motion was as follows: Voting “aye” : Goldstein, Hagan, Hayes, Katz, Mattson, McKnight, Moellman, Redpath, Starr Voting “no” : Demarest, Harlos, Lark, Nekhaila, Starchild, Vohra Abstaining : Bilyeu, Sarwark The amendment was adopted with a vote total of 9-6. The vote on referring the subject to a committee, as amended with the Starr amendment was as follows: Voting “aye” : Goldstein, Hagan, Hayes, Katz, McKnight, Moellman, Redpath, Starr LNC – Pittsburgh, PA – April 15-16, 2017 Page 4 Voting “no” : Bilyeu, Demarest, Harlos, Lark, Mattson, Nekhaila, Starchild, Vohra Abstaining : Sarwark The motion failed with a vote total of 8-8. The vote on the main motion from Mr. Hayes was as follows: Voting “aye” : Goldstein, Hayes, Katz, Mattson, McKnight, Moellman, Redpath, Starr Voting “no” : Bilyeu, Demarest, Harlos, Lark, Nekhaila, Sarwark, Starchild, Vohra Abstaining : Hagan The motion failed with a vote total of 8-8. Joshua Katz informed the Secretary that he is resigning from the APRC, effective immediately. COMMITTEE TO REVIEW 2016 CAMPAIGN Mr. Somes moved to amend the agenda and immediately take up the report from the Committee to Review 2016 Campaign. There was no objection. During its December 2016 meeting, the LNC had established this committee “to take bids from political consultants for the task of extensively reviewing and making recommendations for the Libertarian Party’s messaging (and modes of messaging), inclusion in the debates, fundraising and campaign finance, campaign mechanics, and state and local affiliates.” Mr. Somes introduced John Engle and Mike Fishbein from Paladin Strategies, who joined by teleconference to present their bid and field questions.