Mr. Chadderdon,
1. In response to your assertion that "the bylaws elsewhere make distinctions between actions that can taken
[sic] by each the LNC and the Excomm", I have reviewed the Bylaws and found no mention of the Executive Committee. A Ctrl-F search of the Bylaws for the term "executive" yields only four results: Article 6.3
designates the Chair as "the chief executive officer"; Article 6.4 provides that the Vice Chair holds "such executive powers as the Chair shall delegate"; and Article 7.15 of the Bylaws, as well as Rule 7.4 of the Judicial Committee Rules of Appellate Procedure,
refer to executive sessions.
2. As you correctly noted, Article 7.1 of the Bylaws authorizes the National Committee (LNC) to delegate its authority in any manner it deems necessary. The LNC has exercised this authority explicitly within the Policy Manual. Specifically, Section 1.01.3
of the Policy Manual empowers the Executive Committee to "exercise all powers of the LNC between LNC meetings, when urgency demands a more immediate time frame than when the LNC can next meet[.]" Compliance with the Bylaws in this matter constitutes such
an urgent matter — I assume you would agree, unless of course it is now your opinion that compliance with the bylaws is no longer an urgent matter — given that the deadline for compliance, November 21, would preclude calling a meeting of the full LNC with
the required 5 days' notice per Section 1.02.7 (5) of the Policy Manual. It is unclear whether you are citing RONR 56:68 (3) or RONR 56:68 (4) with your assertion that
"when the bylaws also make a specific assignment, it is interpreted that a general requirement falls to a specific one". Regardless, RONR 56:68 (1) requires that there be an ambiguity in the Bylaws before the principles of interpretation in RONR 56:68
can be applied. There is no ambiguity here. In brief,
I. Article 7.1 states "The National Committee may delegate its authority in any manner it deems necessary."
II. Policy Manual Section 1.01.3 states "The Executive Committee shall exercise all powers of the LNC between LNC meetings, when urgency demands a more immediate time frame than when the LNC can next meet[.]"
III. Article 11.4a states "4. The Credentials Committee, composed of 10 members, shall be selected as follows.
a. Five members chosen by the National Committee no later than six months before a regular convention."
IV. There is insufficient time for the full LNC to comply with Article 11.4a and also comply with the five day notice requirement for LNC meetings.
Therefore, in this specific instance, the Executive Committee can exercise the powers of the LNC to choose the five members of the Credentials Committee mentioned in Article 11.4a.
For reference, the full text of Article 7.1 of the Bylaws states:
"The National Committee shall have control and management of all the affairs, properties and funds of the Party consistent with these bylaws. The Libertarian National Committee shall establish and oversee an organizational structure to implement the purposes
of the Party as stated in Article 2. The National Committee shall adopt rules of procedure for the conduct of its meetings and the carrying out of its duties and responsibilities.
The National Committee may delegate its authority in any manner it deems necessary."
[Emphasis Added]
For further reference, the full text of Section 1.01.3 of the Policy Manual states:
"The Executive Committee shall exercise all powers of the LNC between LNC meetings, when urgency demands a more immediate time frame than when the LNC can next meet, except for amendment of the LNC policy manual or amendment of
the budget beyond the limits specified elsewhere in this policy manual. It shall further make decisions specifically delegated in this Policy Manual. Notwithstanding, the LNC reserves the right to exercise its authority through electronic mail ballots and
to rescind decisions of the Executive Committee." [Emphasis Added]
3. The only Bylaw specific to the selection of the Credentials Committee is Article 11.4, the full text of which states:
"4. The Credentials Committee, composed of 10 members, shall be selected as follows.
a. Five members chosen by the National Committee no later than six months before a regular convention.
b. One member by each of the five affiliate parties having the largest sustaining memberships as determined for convention delegate allocations at the most recent regular convention.
These shall be selected by each of the affiliate parties no later than
three months prior to the regular convention." [Emphasis Added]
In contrast to your assertion that "This potential appointment is already unquestionably failing to uphold the spirit of the bylaw, that the intended members of the committee have not
been appointed with 6 months to perform their work", it should be noted that if there were an implicit expectation that the Credentials Committee should have six months to perform their work, the Bylaws would not contain
an explicit provision allowing half of the committee to be selected as late as three months prior to the convention.
Given the above points, it is my opinion that the point of order should not be well-taken.
Very Respectfully,
Jonathan McGee
Region 2 Representative, Libertarian National Committee