[LPL Board of Directors] Vote For Removal
Adrien Monteleone
chairman at lplouisiana.org
Sun Mar 24 20:42:06 CDT 2013
In reference to the issue of suspension, this mention was made in accordance
with Robert's § 61. Specifically, Robert's "Steps in a fair disciplinary
process" page 637 Line 32:
"...In any event, from the time the accused has been thus notified, all of his
rights as a member of the society (except as relate to the trial) are
suspended pending disposition of the case."
A parliamentarian would have to weigh in on all the possible reasoning for
this policy, though it is the opinion of the Chair that this would protect the
society from the accused, if he were in such a position, which Mr. Lewis is,
from casting votes which may influence, or prevent his trial from occurring.
As well, it settles the issue, which may be created by the wording of our
By-laws, that in order to remove a 2/3 vote of "all members of the State
Central Committee" is necessary. It would be inconsistent with the procedures
under Roberts in the case of any vote, to consider that the accused, being
otherwise someone who has a vote on the SCC, could by his vote to acquit
himself, change the outcome of the Board's decision. Thus, Robert's declares
that his rights as a member are suspended, and thus his office is suspended,
pending the outcome of the case. Hence, he cannot vote in his own trial on
the questions of his guilt or discipline if found guilty, and so his number is
not counted in the 2/3 requirement needed to remove him.
Robert's also specifies as part of the procedure that the accused is to be
excused from the session while the deliberation and vote is taken, thus it
would not make sense for the accused to retain the rights of membership, and
thus the right to vote on these questions, if he were to be excused and
excluded from the vote.
It is also the opinion of the Chair, that perhaps this statement by Robert's
is included as part of the protections for a society from potential additional
harmful actions by a member once they have become accused. I do not know or
contemplate what this might entail, but I think the caution of suspending the
member and thus the office until the end of trial to be a rational and wise
decision as a proactive and protective measure.
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Article 15 § 1 specifies that disciplinary procedures shall follow Robert's
except in the special cases of § 2 and § 3.
§3 specifies officers can be removed by a Special Convention.
§2 specifies officers can be removed by a vote of the SCC.
Robert's doesn't define a vote requirement for removal, but suggests that it
should be 2/3.
Our By-laws in § 2 specify that it should be 2/3.
Likewise, Robert's suggests that the notice of the judicial action should be
given 30 days in advance. Our By-Laws in §2 specify this requirement to be 21
days. (§2 clause 2)
Finally in §2 clause 1, Robert's suggests that in the call for such a meeting,
the details of the charges should NOT be specified, but should be listed
generally. Our By-laws in this clause state the opposite, that the charges
must be fully stated.
Thus the differences between Robert's and our By-laws where our By-laws
supersede are:
2/3 vote is required, not just suggested, to remove from office.
21 day, not 30 day notice is required of the meeting where the action is to
take place.
The charges are to be fully stated, not generalized, in the call for the meeting.
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While the issue of suspending the accused may be debateable, I contend that to
NOT suspend the accused would create the situation where the accused could
vote on the question of his own guilt or innocence and the question of
discipline if any, and thus possibly manage to thwart the Board from
implementing disciplinary measures and preventing it from protecting itself
and the Party from the accused's behavior. I can't see how this would be the
intended outcome of either Robert's or our By-laws.
Thus it seems the only two questions here are "does the accused affect the
count of "all members of the State Central Committee?" and "does the accused
get a vote on the two above mentioned questions on guilt and discipline?"
It is the opinion of the Chair that the answer to both of these questions is
"no." And the Chair intends to procede under the guidance of Robert's on this
topic, thus the declaration of suspension of member and thus officer rights.
(save what he is entitled to for trial)
In Liberty,
Adrien Monteleone - Chairman
Libertarian Party of Louisiana
On 3/24/13 4:52 PM, Wes Benedict wrote:
> I am concerned about this particular statement which I've copied below. It
> appears the Secretary claims the Vice-Chairman has already been suspended
> from office. I would like clarification. Who suspended our Vice-Chairman,
> and by what authority? I do not have a copy of Robert's Rules of Order. If
> something in Robert's Rules appears to give that authority, I would like to
> have those details presented (not charges or evidence, but a quotation of
> the text from Robert's Rules). I am not convinced our Vice-Chairman has
> already been suspended.
>
>> Per §61 of Robert's Rules of Order, Mr. Lewis' membership privileges
>> (excepting those pertaining to these judicial proceedings), and thus his
>> status as an officer of the Party, are suspended until the conclusion of the
>> trial.
>
> If something in Robert's Rules appears to give that authority, and that is
> based on Article 15: Section 1 "Disciplinary Action against any Party
> members . . . " I will next want to get confirmation that Article 15 Section
> 2 "Officers and other . . ." doesn't supersede actions authorized by Article
> 15 Section 1.
>
> Our bylaws provide a procedure for removal of an officer from office. I'm
> concerned about the immediate suspension prior to a consideration of removal
> from office.
>
> Thanks,
> --Wes Benedict
>
>
>
> Reed Ebarb wrote, On 3/22/2013 8:48 PM:
>> To all State Central Committee members,
>>
>> The second quarter regular meeting of the Libertarian Party of
>> Louisiana State Central Committee will be held at Lakeview Harbor, 911
>> Harrison Avenue, New Orleans, Louisiana at Noon on Saturday April 13th,
>> 2013.
>> Attendance by all Officers and Parish Representatives is required per the
>> Party By-laws. A working agenda is posted online on the Party website and a
>> final agenda will be issued seven days in advance of the meeting. On this
>> final agenda you will see a section for an executive session where the
>> Committee will consider a disciplinary motion to remove Mr. Scott A.
>> Lewis, III from his office as Vice-Chairman of the Party for the following
>> charges and specifications:
>>
>> Charge 1. Dereliction of Duty of the Office of Vice-chairman
>> Specification 1. Not being present for the convention at which he
>> was elected, and at which he was to serve as an officer, being already duly
>> elected by the previous convention.
>> Specification 2. Not being present for the first State Central
>> Committee meeting, held in Alexandria, Louisiana, such attendance being
>> required of his office by the By-laws, his absence preventing a quorum,
>> causing members and officers to travel at great expense to themselves
>> without purpose.
>> Specification 3. Not being present for a meeting of the Strategic
>> Planning Committee which he chairs, after calling the meeting, and inviting
>> members from other parts of the State to attend, causing them to travel at
>> great expense to themselves, and instead, attempting to chair a physical
>> meeting by telephone in violation of Robert's Rules of Order.
>> Specification 4. Failing to make any attempt to establish Parish
>> Executive Committees for unorganized parishes as required of his office
>> under the By-laws, leaving the work instead to be done at great personal
>> effort and expense to the Executive Director, such work being outside the
>> Director's contract, and causing considerable difficulties in negotiating
>> agreeable payment terms for such contract.
>> Specification 5. In the absence of established Parish Executive
>> Committees, failing to take care that the duties assigned to these
>> committees are carried out in their respective parishes, either by his own
>> actions, or by the appointment of a parish director, organizer, or other
>> member as the By-laws require.
>>
>> Charge 2. Conduct Unbecoming an Officer of the Libertarian Party of
>> Louisiana.
>> Specification 1. Failing to turn in his Affidavit of Acceptance form
>> for filing as a Presidential Elector.
>> Specification 2. Failing to turn in his Affidavit of Acceptance
>> form, corrected version.
>> Specification 3. Failing to communicate why said form was not turned
>> in the first time in a timely manner.
>> Specification 4. Failing to communicate why said form was not turned
>> in at all the second time.
>> Specification 5. Failing to display any concern for his tardiness in
>> turning in these critical forms.
>> Specification 6. Failing to display any interest in securing the
>> forms before the legal deadline.
>> Specification 7. Lack of concern for known deadlines affecting
>> ballot access for the Libertarian Presidential and Vice-Presidential
>> candidates.
>> Specification 8. Causing the chair to go to great personal effort
>> and expense to remedy the officer's failure to file required legal paperwork
>> in a timely manner.
>> Specification 9. Volunteering to be a co-director of a Presidential
>> campaign for Louisiana, and subsequently failing to accomplish any task,
>> attend any function, offer any assistance with any planning or coordination
>> of events, and essentially holding the position in name only.
>> Specification 10. Making false and baseless accusations of racism
>> against a fellow state Central Committee member.
>> Specification 11. Making an announcement for elective office in a
>> public forum without advising the State Central Committee in advance,
>> thereby raising questions among the general membership and the voting public
>> with respect to the Libertarian Party's implied endorsement of his
>> candidacy, and drawing their leadership into question accordingly.
>> Specification 12. Failing to form an exploratory committee in
>> advance of this public announcement, making the announcement without any
>> established campaign committee, platform, or ready biography for prospective
>> voters and media.
>> Specification 13. Failing to provide any such platform or
>> biographical statement upon the request of prospective voters, Officers and
>> other party members.
>> Specification 14. Filing for elective office in 2011 and failing to
>> duly answer media inquiries, creating a poor impression on voters and media
>> of the Libertarian Party, its candidates, and its leadership.
>>
>> Charge 3. Unethical Conduct
>> Specification 1. Attempting to get reimbursed for the notarizing of
>> an Affidavit of Acceptance form in 2008, such cost, incidental to being a
>> candidate for elective office, being only legally payable by the candidate
>> or a candidate's committee, and which cannot be paid by the Party.
>> Specification 2. Attending a 2009 Libertarian State Leadership
>> Alliance conference, in the Chairman's proxy, at Party expense, for the
>> purpose of learning more about the new CiviCRM online database system, but
>> instead, using the opportunity to pitch a dubious fundraising scheme to
>> other state chairs in concert with a personal business partner who made the
>> trip, also at Party expense.
>> Specification 3. Soliciting the LPL to enter into an expensive and
>> poorly worded contract to raise funds for the Party through a 3rd party via
>> the selling of medical information devices, this being the same scheme
>> pitched at the aforementioned conference, and one in which he has personal
>> connections to the 3rd party which would profit from the contract.
>> Specification 4. Attempting to get reimbursed for travel expenses as
>> a condition of fulfilling duties of his office. (traveling to a and from
>> State Central Committee meetings)
>> Specification 5. Seeking reimbursement for travel and lodging to
>> attend the NAACP 2012 convention as a "liaison" to that organization and
>> representative of the Party.
>> Specification 6. Soliciting the Party and a Congressional candidate
>> to use his personal business services at expense to the Party and the
>> Candidate.
>> Specification 7. Using a Strategic Planning Committee meeting to
>> solicit the party again to use these same services.
>> Specification 8. Using a Strategic Planning Committee meeting to
>> solicit volunteers and support from party activists and officers for his
>> campaign for elective office, rather than using the meeting to plan strategy
>> for the Party.
>> Specification 9. Attempting to involve the Party in an electronic
>> communications scheme which would expose its contact list to his personal
>> business interests.
>> Specification 10. Has on numerous occasions, solicited interest in
>> holding media events, concerts, festivals et cetera, which would not in any
>> way be publicly linked to the Party, but which would be partly or entirely
>> funded by the Party, in exchange for a share of the proceeds of such events,
>> if any. In all of these events, personal friends and himself, were to also
>> profit.
>> Specification 11. Attempting to divert discussion at a State Central
>> Committee meeting concerning online donation logistics towards using his
>> personal contacts or himself as "bundlers" for Party funds.
>> Specification 12. Attempting to attend a private fundraiser for a
>> Presidential Campaign without making a required donation and while inviting
>> a guest who also would not make a required donation, thus each of them
>> partaking of access to the candidate and party activists and of food and
>> drink provided, without contribution.
>>
>> This notice is given by order of the By-laws of the Libertarian
>> Party of Louisiana, Article 15 § 2.
>>
>> The session proceedings will be held strictly according to Robert's
>> Rules of Order, Newly Revised, in particular, §61 Disciplinary Procedures,
>> for the protection of the Party and the fairness of the accused.
>>
>> A committee to be appointed by the Chairman, shall investigate these
>> charges and specifications, and present these charges along with any
>> witnesses or evidence to the Committee for its consideration.
>>
>> A full briefing on the exact flow of the proceedings, and the rights
>> and responsibilities of all involved, shall be issued along with the final
>> agenda.
>>
>> Per §61 of Robert's Rules of Order, Mr. Lewis' membership privileges
>> (excepting those pertaining to these judicial proceedings), and thus his
>> status as an officer of the Party, are suspended until the conclusion of the
>> trial.
>>
>>
>>
>> Reed Ebarb, Secretary
>>
>>
>> _______________________________________________
>> SCC mailing list
>> SCC at lplouisiana.org
>> http://lplouisiana.org/mailman/listinfo/scc_lplouisiana.org
>
>
> _______________________________________________
> SCC mailing list
> SCC at lplouisiana.org
> http://lplouisiana.org/mailman/listinfo/scc_lplouisiana.org
>
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