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