JC and LNC removal

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Secretary LNC

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Sep 7, 2023, 10:05:46 AM9/7/23
to Bylaws Committee 2024
Due to the overturning of my suspension last convention and the determination by the delegates, it is obvious there is a good faith ambiguity on the removal provision in which point RONR says the Bylaws should be amended as soon as practicable to resolve the ambiguity.  I actually think this needs to be a first order of business to avoid this in future.

Now obviously I have a preference as to how it gets resolved - I think it needs to be clear full due process is owed.  But another resolution is to make it clear that no RONR trial is required.  One way or another we are on notice of an amibiguity.

I have other changes I would like to make to that section that are part of withdrawn proposal Y, that will be presenting separately, but those I don't think we have an obligation to address first like we do that narrow ambiguity.  (though logically it might make sense to have one proposal follow another)

More broadly, in going through the affiliate disputes over bylaws and violations of member rights, I think our whole JC scope wording is far too narrow.  That is another subject but I wanted to throw it out there.

Here are some specifics, what if the LNC violates the bylaws but it is not a "decision."  But it is effectively a "constructive decision."  I think arguably the JC precedent on constructive disaffilation could extend here, but it is not certain.  And I think the whole constructive issue should be clear.  I have some ideas on this.

I also think that appeal rights to acts of convention (shades of Michigan and an anti-actual takeover provision) should be in there.
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In Liberty, Caryn Ann Harlos
LNC Secretary and LP Historical Preservation Committee Chair ~ 561.523.2250
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