Mr. Darr,
You bring up a salient point that I was debating when I made the motion to accept the resignation of Ms. Yeniscavich.
Both Ms. Yeniscavich and Mr. Malagon tendered resignations that were explicitly stated to be effective immediately. Under RONR, §32, a resignation that is made effective immediately does not require a vote of acceptance and takes effect upon delivery.
Accordingly, I rule that both seats are now vacant.
I will also co-sponsor what I believe is a desirable motion by the body.
Sincerely
Steven Nekhaila
Chairman, LNC
It seemed to be the intent of both ballots as well as the intent of the nominations ballot to head in this direction, am I mistaken?
It would also appear that under DC law, which is where the LNC is incorporated, there is a clause which states:
(a) A director may resign at any time by delivering a signed notice in the form of a record to the chair of the board of directors or to an executive officer or the secretary of the corporation.
(b) A resignation shall be effective when the notice is delivered unless the notice specifies a later effective time.
https://code.dccouncil.gov/us/dc/council/code/sections/29-406.07
I will meet you halfway, I will remove my co-sponsor of Mr. Darr's motion to allow the body to take full ownership of this motion.
However, I will be sticking with my ruling on immediate resignations.
Sincerely,
Steven Nekhaila
Chairman, LNC
Mr. Martin,
To be clear, there was no game at play. My actions were simply to carry out the resignations in accordance with Robert’s Rules of Order and D.C. statute. I stand by that ruling so the Board can now decide how it wishes to proceed.
I appreciate your passion for the health of this body, and I’m hopeful we can all channel that toward a process that serves the Party well.
Sincerely,
Steven Nekhaila
Chair, Libertarian National Committee