Subject: Submission by LPO in Response to Filing by Wes Wagner |
From: "Tim Reeves" |
Date: 7/26/11 8:15 AM |
Submitted on behalf of the Libertarian Party of Oregon members:
Dear Mr. Hall, et. al.
We serve as officers of the Libertarian Party of Oregon with an interest in
the case brought to you by Wes Wagner.
Mr. Wagner claims that the actions of the National Committee are
indistinguishable from a disaffiliation. We want to assure the Judicial
Committee that we do not believe that our organization has been
disaffiliated. We have been and continue to be an affiliate in good
standing with the Libertarian Party.
Ironically, the appellant is attempting to use the Judicial Committee
process to effectuate a disaffiliation of the real Libertarian Party of
Oregon and replace it with an organization of his own creation, one that
usurps the name of the organization, but with different bylaws and a
different composition of members than the real Libertarian Party of
Oregon. in order to eliminate the non-initiation of force pledge which the
legitimate bylaws of the Libertarian Party of Oregon requires.
For the Judicial Committee to cooperate with Mr. Wagner and grant his
request would be tantamount to disaffiliating a longtime state affiliate
and
affiliating a new organization with a different set of bylaws and a
different set of members. We believe that only the National Committee is
empowered to take such action. Mr. Wagner is attempting to misuse an
appeal
process established in the Party's bylaws meant to protect us from a
capricious disaffiliation.
Mr. Wagner has also misused the process with the Secretary of State. He has
submitted a board-adopted replacement set of bylaws with the Oregon
Secretary of State, yet our bylaws clearly state that no one other than
members assembled at convention can amend our governing documents. He
claims that state law gives him this power, but a plain reading of state
law
shows otherwise.
Mr. Wagner is misusing an administrative practice at the Secretary of
State's office, where they accept whatever documents are submitted by the
chair of record. The Secretary of State will not facilitate the
transition
to successor officers without the cooperation of Mr. Wagner.
That presents a significant problem. Without official recognition by the
Secretary of State we are legally prohibited from raising or spending
money
as a state party. In effect, Mr. Wagner is taking advantage of
bureaucratic
inertia to deny us official recognition via administrative fiat.
Mr. Wagner's sole claim to power is based on his failure to act in good
faith as a fiduciary of the party. It is based on the perception of
authority, rather than actual legitimate authority. We believe that we
will
ultimately prevail with the Secretary of State. But in the meantime, Wes
Wagner conflates government inaction with sanction.
We ask that the Judicial Committee deny a hearing of Mr. Wagner since we
have not been disaffiliated and Mr. Wagner does not represent us in any
legitimate capacity.
Lastly, we have what we hope is seen as a reasonable request.
Based on past experience, we are reasonably concerned that the appellant may
be engaging in a "Heads-I-Win-Tails-You-Lose" strategy, where if the
Judicial Committee decision were to go his way, he would trumpet it to the
world, but if it were to go against him, he would claim that he is not
subject to the ruling of the Judicial Committee.
We suggest that if Mr. Wagner is going to pursue an appeal process with the
Judicial Committee, he needs to commit in writing that he agrees to be bound
by your decision. We request that before even entertaining whether his
appeal has merit worthy of a hearing that the Judicial Committee require
that the appellant first write a letter for us to deliver to the Oregon
Secretary of State that clearly and unambiguously states that he agrees to
be bound by the decision of the Judicial Committee (including a decision
to
not hear the case).
If he is unwilling to do so, that should communicate volumes.
Respectfully submitted.
In Liberty,
Tim Reeves (State Chair)
Libertarian Party of Oregon,
(State Coordinator)
www.Oregon.tenthamendmentcenter.com