Fwd: Appeal

[Tim Hagan]

Dr. Phillies, joined with other 2020 convention delegates, sent an appeal petition to the Judicial Committee. He asked me to forward this to the LNC. I deleted Appendix 3 from the appeal petition for this public posting as it has the names and email addresses of the appellants. 

Tim Hagan

Treasurer, Libertarian National Committee

----- Forwarded Message -----

From: George Phillies <phil...@4liberty.net>

Sent: Thursday, November 18, 2021, 12:46:39 PM PST

Subject: Appeal

Dear Tim,

Happy Thanksgiving!  I hope you are well.

I attach my appeal petition.    As we have no Secretary at the moment,

you would appear to be the right person to send this to. Thank you for

your assistance with validating National party member signatures.  As it

turned out, the needed delegate signatures came in first, so I have not

bothered you or Mr. Krauss with a request to validate additional member

signatures.

Would you please be so kind as to forward the appeal to the remainder of

the LNC? In addition to the Judicial Committee, I did send a copy to Ms.

Bilyeu, but I am not sure that she reads email.

As a thought, given that the appeal reinforces what the Chair did in

ruling that the Bylaws override Robert's Chapter XX, a position the LNC

seems to have supported, perhaps the LNC would care to support the

Appeal's position.

Best,

George

[Richard Longstreth]

Thank you Tim. I look forward to hearing from the JC on next steps.

Richard Longstreth
At Large Representative
Libertarian National Committee
richard.l...@lp.org
931.538.9300

Sent from my Mobile Device

[Ken Moellman]

Long story short, the petition ignores the bylaws amendment proposal from the 2008 convention (documented in convention minutes, and passed by the body) regarding how our bylaws now interact with RONR on the first 4 items. If you ignore the RONR debate and accompanying amendment from 2008, this probably still doesn't have merit, but in this case there's clear documentation. There's not even a request for an LNC decision to be overturned, so it's outside the bylaws. (The only LNC decision was to overturn the ruling of the chair.)

The 5th item is separate from the other 4. The Secretary has 3 days to post an email ballot and voting via an electronic ballot lasts for 7 days. This is obviously longer than the timeline for a normal motion at an in-person meeting, and the Chair can obviously take extra time as well. In fact, it's one of the duties of the chair to "not permit members to press on so rapidly that the parliamentary steps are abridged or go unobserved".

Ken Moellman

Libertarian National Committee

Vice Chair

[Richard Longstreth]

Mr Moellman,

I understand your perspective, however this is now in the hands of the JC and before the LNC makes any official statements, I'd like to firmly know what our timeline is to craft such responses, especially given the holiday, then our in person, then more holidays, then new year.

Richard Longstreth
At Large Representative
Libertarian National Committee
richard.l...@lp.org
931.538.9300

Sent from my Mobile Device

[Ken Moellman]

The Judicial Committee Rules of Appellate Procedure, paragraph 4,  prescribe the timeline, assuming the requirements on paragraph 1 are fulfilled. I am assuming we're waiting on paragraph 1. But when it comes, we will have 7 days to respond.  I already have a 27-page response that has been waiting around to see if enough people could be convinced to sign. After months of trying repeatedly, I guess they believe they have enough signatures.  I'm personally not sure how the total number of convention delegates was calculated across the two sessions of the bifurcated 2020 convention, but that's in the JC's hands to figure out right now.

Ken Moellman

Libertarian National Committee

Vice Chair