MINUTES OF 22-23 APRIL 1989 LIBERTARIAN NATIONAL COMMITTEE MEETING IN WASHINGTON, D.C. Members Present David Walter, Chair I. Dean Ahmad, Secretary David Bergland, Vice-Chair Steve Fielder, Treasurer Jim Turney, Past Chair Matt Monroe, At-large Robert Murphy, At-large Sharon Freeman, At-large Tonie Nathan, At-large Gerry Walsh, At-large Willie Marshall, region 1 Ted Brown, Region 2 Sharon Ayres, Region 2 Mark Hinkle, Region 2 David Bergland, Region 2 Bert Blumert, Region 2 Lyn Sapowsky-Smith (Alt.), Darlene Brinks (Alt.), Region 2 Joe Dehn, Region 3 John Famularo, Region 5 Gary Johnson, Region 6 Steven Givot, Region 7 Steve Dasbach, Region 7 Julie Sheppard, Region 8 William Hall, Region 9 Bobby Yates Emory, Region 11 Paul H. Kunberger, Region 11 Vicki Kirkland, Region 12 T. David Hudson, Region 12 1. CALL TO ORDER: The regular meeting of the Libertarian National Committee was called to order by Chair David Walter on Saturday, April 22, 1989 at 8:35 a.m. EDT at the Quality Hotel, Washington, DC. 2. CREDENTIALS: Secretary Dean Ahmad announced that since the last meeting Julie Sheppard has been credentialled as the new Representative of Region 8 and John Famularo as the new Representative of Region 5. 3. APPROVAL OF PREVIOUS MINUTES: The Secretary asked that the minutes be adopted as corrected by the report circulated with the agenda. There was no objection ->to accepting the minutes as corrected. 4. REPORT ON MAIL BALLOT: The Secretary presented the mail ballot report distributed with the agenda and offered the following corrections: that Dehn had voted against, not for, the proposal, and that an additional vote against the proposal by Hudson had arrived too late to be counted. Neither of these corrections changed the outcome that it failed for lack of a quorum. 5. SETTING THE AGENDA: Blumert ->moved that Ron Paul be given an opportuni- ty to answer questions for ten minutes upon his arrival some time around 10-10:30. There was no objection. Bergland->moved that items 29 and 32 be changed to 20A and 20B. There was no objection. Nathan moved ->that item 28 receive 15 minutes instead of 5. Murphy moved ->to suspend the rules for 5 minutes for Ahmad to apologize to Freeman. The motion failed on a voice vote. Ahmad moved ->to suspend the rules for 5 minutes for Murphy to apologize to Freeman and Ahmad. Hinkle objected. Ahmad withdrew his motion. 6. CHECK OF PAPERWORK: Chair David Walter reviewed paperwork needed for the meeting. 7. CHAIR'S REPORT -- Part 1: The Chair submitted his report. He assessed the Party's status as in a "turn-around" mode which requires short-term planning and assessment and detailed the results of his efforts in this area. He averred substantial progress in most areas but noted that problems remain in telefundraising and membership. In response to a query by Nathan, Famularo responded that he has resigned from LROC and is a member of the Libertarian party. On a motion by Ahmad there was a round of applause for Walter for the elimination of undisputed external debt. 8. TREASURER'S REPORT: Fielder submitted a revised Treasurer's report (Attachment A). Fielder noted the need for more aggressive pursuit of membership renewals. With regard to telemarketing Fielder commented that "unless something is done ... we are going to fall well below target." Fielder stated that he had just received the March report from the Ballot Access Committee but has received no reports from the Advertising Devel- opment Committee. Ernsberger remarked that the mode of presentation of accounts should be changed to give a better picture of cash flow. Fielder asserted his intention to make such changes. Walter noted that subtracting costs from gross income to get net income is not standard accounting practice. In response to a query by Sapowsky-Smith, Fielder indicated that accounting changes had been documented. In response to a query by Walter, Ernsberger stated that there is a difference of some thousands of dollars regarding the debt to Alexis Thompson which will be worked out. In response to a query by Ahmad, Ernsberger stated that a letter has been sent documenting our position in all cases of disputed debt, and that those letters have not yet been challenged by the credi- tors. The report was accepted without objection. 8A. RON PAUL arrived and was given a standing ovation. He spoke about his feelings about the 700,000 mile campaign. While disappointed with the vote totals he expressed satisfaction at the number of people we did reach. He stressed the importance of getting ballot access totally separate from the campaign itself. He mentioned his plans for a profes- sionally produced television program with a $1,000,000 budget. There were no questions. 9. VICE-CHAIR REPORT: Vice Chair Bergland described the work he has been doing on behalf of the Chair with the various committees. He expressed the view that there has been general improvement. 10. ANNUAL REPORT FOR 1988: The Secretary presented the annual report, previously circulated, and asked for corrections or questions. Givot noted that he should be added as a Region 7 representative. Erns- berger stated that the membership report should note that there are an additional 400 LP-News-only subscribers. In response to a query by Hin- kle, Ahmad stated that the NatCom policy has been to leave listed those alternates who have been given some other NatCom position but to not seat them in more than one capacity at a time. [Bergland assumed the chair] 11. EXECUTIVE COMMITTEE REPORT: Walter reported that the Executive Committee has been meeting by telephone and that things have gone smoothly but that items have been coming up that go beyond the charter of the committee. Walter moved ->to replace the words "relating to management of office and staff" from Res. 335 with: "shall exercise all powers of the NatCom except for addition, deletion or amendment of NatCom resolutions including budget resolutions." Dehn argued against the motion on the grounds that the Executive Commit- tee was created for the purpose of delegating some of the powers of the National Committee to permit the Executive Committee to overrule certain decisions of individual officers. Dehn expressed the view that the National office was the subject of the resolution because the National office has to be managed on a daily basis. Dehn opposed the Executive Committee's assumption of the general powers of the NatCom, and gave the decision to change membership rates was an example of what the committee should not be doing. Givot took exception to Dehn's characterization of the purpose of the Executive Committee, noting that the proposal emerged from the Management and Audit committee and was aimed at following the model of most of corporate America in having the Board of Directors delegate powers to a smaller executive committee. Ernsberger noted that the actions of the Executive Committee are included in the reports of the National Director. Hudson moved ->to extend for 5 minutes to amend. There was no objection. Hudson moved -> that the power to remove members be excluded from the powers delegated. Bergland ruled the motion out of order as covered by the By-laws and therefore unnecessary. In response to a query by Nathan, Ahmad expressed the opinion that no standing resolutions may be added by Executive Committee under the resolution. In response to a query by Dehn, Ahmad suggested an Executive Committee decision regarding the proposed suit against the 51- in-92 Committee is an example of something that could be argued as being authorized by the resolution. There was no objection to extending debate 5 min. Dasbach ->called the question. The motion to close debate passed on a voice vote. Walter's main motion passed on a voice vote. Brown moved-> that the video recorders be turned off. The motion was defeated on a show of hands. [Walter resumed the chair.] 12. HEADQUARTERS REPORT: Dunbar commented that because of the inter-relations of all aspects of office operations, changes cannot be made piecemeal and in any case should not be made without consultation. Computer documenta- tion is scheduled to be completed May 10, hardware changes scheduled for completion end of May. Direct mail tracking systems are in place. Renewal program costs can be saved by using a 45-day cycle instead of 30. Dunbar expressed appreciation to those who have pointed out that things are done wrong. In response to a query by Brown, Dunbar stated that the prospect update went out on March 31. Ahmad added that all California prospects had been sent to California party office. Sapowsky-Smith stated that the information was not identified in any usable way. Nathan expressed her dismay at telemarketing callers who don't know to whom they are speaking. Walter urged all NatCom members to become pledgers. Walter announced that he has appointed Clifford Thies to head an ad-hoc search committee (which also includes Dunbar, and Kunberger) to locate new office space. He stated that their first task is to define the problem. Walter reported that Thies is considering a subchapter S corpo- ration to buy a place which shall be leased with a buy option to the LP, but that no action will be taken without authority of the NatCom. Walter reported that the Hall has discovered that the lease is a 3-year lease. 13. 1989 CONVENTION OVERSIGHT COMMITTEE: Ernsberger updated the agenda for the National Convention. Educational activities begin on Thursday with breakfast with Jim Lewis. He stated that a keynote panel will be held on Thursday 9-10 a.m., before the business session is called to order on Friday. Givot reported that 4 1/4 hrs. have been allocated to Bylaws, 2 hrs. for the program, 3 1/2 hrs. for the platform. There was a discussion of time allocation. Givot reported that the time limit for reimbursement of expenses is 60 days after submission. There was no objection. Givot defined the Open Event room as a room available throughout the convention to the LP to schedule events on short notice. Givot reported that Nolan, Dodge, Clark, Bergland, and Walter are panelists for the keynote. In response to a query by Givot, Dasbach stated that since the convention the Libertarian Republican Organizing Committee has not engaged in at- tacks on the LP and saw no reason why they should be excluded. Bergland, speaking as author of the resolution which might prevent LROC from speak- ing said that LROC would not be covered given its current behavior. Sapowsky-Smith moved ->to not allow LROC to have a booth or participate in the conven- tion. Nathan expressed the view that we should only exclude those that give us a bad image. Sapowsky-Smith expressed the opinion that the character of the people involved could hurt our outreach attempts. Blumert expressed the view that no matter how polite they may have become, their purpose is still to undermine the Party. Emory moved ->to substitute that "any party desiring to rent a booth at our convention be permitted to do so." At the invitation of Sapowsky-Smith, George O'Brien was allowed to ad- dress the body. He alleged that in San Diego, despite specific instruc- tions by the convention hosts, two LROC leaders refused to stop smoking marijuana at their table. Hudson argued that he would prefer the conven- tion sponsors deal with these questions and decide whether they should have a table and if so where. Bergland moved-> to table the motion. The motion to table passed on a show of hands. Givot asked Ayres to assume responsibility for the fundraising event (outside of the banquet) to be scheduled. He reported that everything relating to timetables in under control. He noted that we need budget line items to cover secretarial costs, parliamentarian costs, and dele- gate registration costs. Walter noted that $2000 has been budgeted for convention expenses. Bergland added that we have a $1000 leeway. Ahmad moved -> that a full package be provided for registrar. The motion passed on a voice vote. Givot warned that a $29,625 loss will be incurred if the date of the Chicago convention date is changed, plus some presumably small additional expenses. After some discussion it was agreed without objection to permit 10 sec- onds of speeches for nominees to the various convention committees. Nominations were opened for Credentials committee. Ahmad nominated Frances Eddy, Freeman nominated Freeman, Ernsberger nominated David Horne, Turney nominated Gary Johnson, Ahmad nominated Ahmad, Sapowsky- Smith nominated Karen Hufmann. Nominations were opened for the Bylaws committee (NatCom members are indicated with an asterisk). Walter nominated Toni Black, Ernsberger nominated Ernsberger(*), Ahmad nominated Lanham(*), Kunberger nominated Kunberger(*), Sapowsky-Smith nominated Sapowsky-Smith(*), Bob Waldrop was nominated without objection. Ernsberger nominated David Horne, Kirk- land nominated Kirkland(*), Sapowsky-Smith nominated George O'Brien, Hinkle nominated Bill White, Ernsberger nominated David Nolan, Walsh nominated Walsh(*). Nominations for the Platform Committee were opened. Marshall nominated Marshall (UT), Walter nominated Jorge Amador (PA), Nathan nominated Bill Bradford (WA), Renee Carkin (NM) was nominated without objection, David Horne (VA) was nominated without objection, Blumert nominated Amy Mar- shall (NV), Sheppard nominated Mary Garvey (CA), Michael Edelstein (NY) was nominated without objection, Hall nominated Don Warmbier (MI), Mark Thornton (AL) was nominated without objection, Walter deferred to George O'Brien to nominate David Thoreau (CA), Hall nominated Jeffrey Vickers (NH), Johnson nominated Greg Clark (TX), Hall nominated Virginia Cropsey (MI), Ahmad nominated Larry Dodge (MT), Sheppard and Bergland nominated Bill Evers (CA), Jimmy Harris (GA) was nominated without objection, John Heaton (SC) was nominated without objection, Sapowsky-Smith nominated Michael R. Iddings (CA), without objection Dan Karlan (NJ) was permitted to nominate himself, Walter nominated Margarethe Kemner (PA), Jim Lang- custer (AL) was nominated without objection, Kathleen Jacob Richman (VA) was nominated without objection, Brown nominated Ted Brown (CA), Walter nominated Givot (IL), Walsh nominated Helen Hayden (IL), Nathan nominated Bill McMillan (NY), Kirkland nominated Norma Segal (NY). [The meeting recessed for lunch at about 12:30 p.m.] [The meeting was called back to order by Walter at about 1:30 p.m.] [Johnson took over the minutes] 14. FINANCE COMMITTEE REPORT: Kunberger submitted his report. He has offered his resignation to Walter. 14A. CONVENTION -- part 2: Ahmad reported the results of the first round balloting. Credentials, elected: Johnson 25, Freeman 23, Eddy 21, Hufmann 21 and Ahmad 18. Not elected: Horne 10. J F E H A H o r d u h o h e d f m r n e y m a n s m a d e o a n n n n Ahmad 1 1 1 1 1 Ayres 1 1 1 1 Bergland 1 1 1 1 1 Blumert 1 1 1 1 Brown 1 1 1 1 Dasbach 1 1 1 1 1 Dehn 1 1 1 1 1 Emory 1 1 1 Ernsberger 1 1 1 1 1 Famularo 1 1 1 1 1 Fielder 1 1 1 1 Freeman 1 1 1 1 Givot 1 1 1 1 1 Hall 1 1 1 1 1 Hinkle 1 1 1 Hudson 1 1 1 1 1 Johnson 1 1 1 1 1 Kirkland 1 1 1 1 1 Kunberger 1 1 1 1 Marshall 1 1 1 1 Murphy 1 1 1 1 Nathan 1 1 1 1 1 Sapowsky-Smith 1 1 1 Sheppard 1 1 1 1 1 Turney 1 1 Walsh 1 1 1 1 1 Walter 1 1 1 1 1 Total: 25 23 21 21 18 10 Nominations were opened for pro-temp chair of the Credentials committee. Johnson nominated Ahmad. Givot moved ->nominations be closed. The motion to close nominations and elect Ahmad carried on a voice vote. Ahmad announced the results of the Bylaws committee elections: elected Ernsberger 26, Kirkland 22, Sapowsky-Smith 22, B E L K S W H K N W O W l r a u a a o i o a ' h a n n n p l r r l l B i c s h b o d n c a s r t k b a e w r e k n h i e e m r s o l e r g k p a n g e y e r Ahmad 1 1 1 1 1 1 1 1 1 1 Ayres 1 1 1 1 1 1 1 Bergland 1 1 1 1 1 1 1 1 Blumert 1 1 1 1 1 1 Brown 1 1 1 1 1 1 1 1 Dasbach 1 1 1 1 1 1 1 1 1 1 Dehn 1 1 1 1 1 1 1 1 1 1 Emory 1 1 1 1 1 Ernsberger 1 1 1 1 1 1 1 1 1 Famularo 1 1 1 1 1 1 1 1 1 1 Fielder 1 1 1 1 1 Freeman 1 1 1 1 1 1 1 Givot 1 1 1 1 1 1 1 1 1 1 Hall 1 1 1 1 1 1 1 Hinkle 1 1 1 1 1 Hudson 1 1 1 1 1 1 Johnson 1 1 1 1 1 1 1 1 Kirkland 1 1 1 1 Kunberger 1 1 1 1 1 1 1 Marshall 1 1 1 1 1 1 1 Murphy 1 1 1 1 1 1 1 Nathan 1 1 1 1 1 1 1 1 1 Sapowsky-Smith 1 1 Sheppard 1 1 1 1 Turney 1 1 1 1 Walsh 1 1 1 1 1 1 1 1 1 1 Walter 1 1 1 1 1 1 1 Total: 13 26 11 17 22 8 14 22 13 16 17 13 Nominations were opened for election of pro-temp chair of the Bylaws Committee. Sapowsky-Smith, Gerry Walsh, and David Nolan were nominated. Nominations were closed without objection. On a show of hands, Sapowsky- Smith was elected: Sapowsky-Smith 16, Gerry Walsh 2, David Nolan 3. Ahmad announced the results of the Platform committee election: W. A. M A B C H M G E W T T V C C D E H H I K K L J B G H M S a m r a o a a d a h h i l r o v a e d a e a a r i e c e r a a r r r r e r o e c a o d e r a d r m n c o v y M g s d d k n s v l m r r k r p g r r t i l n g o w o d i a h o f i h e s b n o e k s e s i o n a e c b n t e l l a r o n a y t i t u r e s n g n r u n l l r l e e o x s y s s R a l d l i r n t . n n . Ahmad 1 1 1 1 1 1 1 Ayres 1 1 1 1 1 1 1 1 1 Bergland 1 1 1 1 1 1 1 1 1 1 Blumert 1 1 1 1 1 1 1 1 1 1 Brown 1 1 1 1 1 1 Dasbach 1 1 1 1 1 1 1 1 1 1 Dehn 1 1 1 1 1 1 1 1 1 1 Emory 1 1 1 1 Ernsberger 1 1 1 1 1 1 1 1 1 1 Famularo 1 1 1 1 1 1 1 1 1 1 Fielder 1 1 1 1 1 1 1 1 1 1 Freeman 1 1 1 1 1 1 1 1 1 1 Givot 1 1 1 1 Hall 1 1 1 1 1 1 1 1 1 1 Hinkle 1 1 1 1 Hudson 1 1 1 1 1 1 1 1 1 1 Johnson 1 1 1 1 1 1 1 Kirkland 1 1 1 1 1 Kunberger 1 1 1 1 1 1 1 1 1 Marshall 1 1 1 1 1 1 1 Murphy 1 1 1 1 1 1 1 1 1 1 Nathan 1 1 1 1 1 1 1 1 1 1 Sapowsky-Sm. 1 1 1 1 1 Sheppard 1 1 1 1 1 1 1 1 1 Turney 1 1 1 1 Walsh 1 1 1 1 1 1 1 1 1 1 Walter 1 1 1 1 1 1 1 1 1 1 Total: 17 13 9 2 5 7 6 2 10 2 7 2 8 7 16 16 5 5 14 6 0 2 10 11 16 3 10 9 [Ahmad resumed the minutes] The top ten vote-getters (excluding McMillan-NY 10 and Segal-NY 9 who were sixth and seventh from one of the top ten states) were: W. Marshall (UT) 17, Dodge (MT) 16, Evers (CA) 16, Givot (IL) 16, Iddings (CA) 14, Amador (PA) 13, Brown (CA) 11, Jacob Richman (VA) 10, Warmbier (MI) 10, Bradford (WA) 9. Bergland moved ->to vote up or down individually for those without a majority. Fielder moved ->to substitute to vote on all people as a slate. The motion to substitute passed on a show of hands. The substi- tute motion passed on a voice vote. The slate passed on a voice vote. Dasbach moved ->to appoint Givot chair pro-temp. Bergland moved ->to appoint Evers as chair pro-temp. Sapowsky-Smith moved ->to nominate Ted Brown as chair pro-temp. Givot was elected on a show of hands: Givot 13, Brown 6, Evers 4. 15. AUDITOR'S REPORT: Redpath expressed his confidence that Richard Perry can be trained to be an effective bookkeeper. Walter called for thanks to Chris Fielder for her work in training Richard Perry. The NatCom gave her a round of applause. Sapowsky-Smith moved -> to appoint Bill Redpath as Auditor. In response to a query by Johnson, Mike Holmes stated that he has been asked to stay on through two administrations. Givot asked whether now that the transition is over, would we save money by having only one auditor? In response to a query by Blumert, Sapowsky-Smith stated that "it's possible" that there is a political reason for her motion, but she had "no qualms about Mr. Holmes personally" and resented any implication to the contrary. Monroe argued that people who give good service should be rewarded for their past service, and asked "why shouldn't a good auditor stay for another couple of months?" Hinkle moved ->to extend debate 10 minutes. The motion to extend debate failed on a voice vote. The main motion passed on a on a voice vote. Hinkle asked the record show that he abstained. There was an ovation for Holmes. 16. MANAGEMENT AND AUDIT COMMITTEE REPORT: Walsh submitted a revised propos- al for a bonus plan based on a discussion with Walter. Walsh moved ->All staff at the LNC headquarters in Washington, D.C., including the National director, and including any field employees, employed as of 12/31 of each year will be eligible to receive a bonus on 2/15 of the succeeding year. A bonus plan will be created consisting of the following: 1) One dollar for every paid membership over 6,500 on 12/31/89 (or on the net membership increase in succeeding years) as certified by the LNC secretary, plus 2) $2 for every monthly pledger, on his or her pledge, over 500, (or on the net annual increase in paid pledgers in succeeding years) as certified by the chair of the finance committee, plus 3) $1000 if gross revenue (all revenue excluding any expenses) exceeds the original budget of $304,000 by more than $10,000 as certified by the LNC Treasurer, plus 4) 5% of every dollar by which gross revenues exceed $314,000. Bonus pool will be divided among the eligible participants as follows: 1) 75% will be distributed according to payroll dollar ratios using the 1989 W-2's. For example, an employee earning $10,00 of a total payroll of $100,00 would receive 10% of 75% of the pool. 2) 25% will be distributed at the discretion of the National Direc- tor and the Chair based on merit. The Chair will decide the Na- tional Director's merit bonus, if any and the Director -- in con- sultation with the Chair --will decide how the balance is to be divided. It is the LNC's intention that interns working for the Party during the year be given consideration for merit bonuses out of this 25% of the bonuses. Bergland moved ->to divide the question into the size of the pool and its distribution. There was no objection. Sheppard expressed the view that it is not a good idea to base the bonus on gross revenue. Bergland responded that the NatCom controls expenses. Hinkle moved ->to substitute "that the LNC budget be amended to add $5,000.00 to a line item for bonuses for the LNC staff. Division shall be made by the LNC executive committee." Hinkle argued that bonuses should not be tied to things the National office has no control over. Dunbar noted that different bonus plans achieve different objectives and the plan selected should aim at the objectives desired. Bergland moved ->to close debate. The motion to close debate on the substitute motion passed on a voice vote. The motion to substitute failed on a voice vote with Sapowsky-Smith abstain- ing. Dasbach moved ->to close debate on the main motion. The first part of the main motion passed on a voice vote, with Sapowsky-Smith and Ahmad abstaining. Discussion turned to the second part of the motion. Bergland moved ->to divide the question between the inclusion of interns and the rest of the motion. The motion was divided without objection. Bergland moved ->to change 75% to 50%. Walter argued that he preferred to make the subjective part smaller. Bergland withdrew his amendment without objection. The second part of the main motion passed without objection. Sapowsky-Smith asked the record show that she abstained. Hinkle asked the record show that he doesn't care. Discussion turned to the third part of the motion. Walter argued for a bonus for the interns since they work for little or no money. Givot noted this was prejudicial against summer interns. Bergland moved ->to refer this question back to Management Committee for further study. There was no objection to referring the motion back to committee. 17. BALLOT ACCESS REPORT: Blumert presented his report. He stated fundrais- ing targets are $60,000/year for direct mail and $60,000 for telemarket- ing. Darlene Brinks asked Blumert about a donation to BAC that ended up as paid to Ron Paul coins. Blumert responded that this was a convenience to save money on credit card charges. Brinks commented that she should have been so informed at the time of the pledge and asked if the BAC can show that her donation ended up in the BAC? Walter ruled that this should be discussed under the next item. In response to a query by Tur- ney, Blumert responded that we are paying about 1 1/2% for the charges passed through Camino Coins. Turney noted that banks do not approve of commingling funds and emphasized that in this case there is commingling of a political organization's funds with those of a private business. In response to a query by Walter, Redpath stated that his opinion of the commingling would depend on the presence and adequacy of internal con- trols. In response to a query by Freeman and Givot, Blumert noted that credit card charges are not passed on to the party. Paul Jacob presented a four year plan to get on the ballot in every state. Ernsberger moved ->to extend debate 10 minutes. The motion to extend debate passed without objection. Ernsberger moved -> resolved that the NatCom direct the BAC to concentrate on states other than North Carolina unless specifically asked to do otherwise by the North Carolina Libertarian Party. In response to a query by Monroe, Jacob stated that there is a $5,000 limit on how much 51 in 92 can give to North Carolina while it would take $63-65,000 to do the drive. Fielder responded that the limit is $5,000 per committee and each county could have its own committee. Jacob re- plied that this overlooks the fact that the FEC requires that contribu- tion be weighted towards federal candidates. Givot argued that we should give free enterprise a chance to do the job for us and if they fail we can go in later. Jacob objected that it will be much more expensive and difficult to go in later. Bergland expressed the view that he felt obligated to go along with North Carolina's request despite his reserva- tions about the wisdom of their decision. Kunberger moved-> to extend debate until 5 p.m. Motion to extend debate passed on a voice vote. Stating that Maryland would not retain ballot status unless a statewide candidate gets 3% of the vote, Kunberger moved ->(1) that the BAC expend no funds for ballot drives that will not result in ballot status for '92 presidential candidates until all other states are done; and (2) that any litigation involving the LP be approved only with the consent of the National Chair. Murphy moved ->to divide the question. The motion to divide passed on a on a voice vote. Freeman argued against the attitude that they can do it for themselves so we'll do it for them. Bergland argued against the NatCom micromanaging the BAC plan. Fielder moved-> to recess until tomorrow and resume the question at that time. the motion to recess passed on a show of hands. [Meeting recessed at 5 p.m.] [Walter called the meeting to order at 8:40 a.m. on Sunday] After reporting that Tomas Estrada-Palma had offered to personally set up an independent fund to pay back the BAC, Kunberger withdraw his motion. Givot stated that the only area of concern of which he was aware was whether timely reports were being sent to the Washington office, and that now all checks are being photocopied and sent to Washington and that a good accountability system was being set in place. In response to a query by Ernsberger, Givot proposed that the BAC pay Camino coins $1 per year in exchange for the "service." Turney moved ->to extend debate 5 min. There was no objection. In response to a query by Freeman, Walter stated that the LP already has a credit card account. Turney noted that Ron Paul and Associates is a corporation and there appears to be a conflict with FEC rules if they did not pass on charges for credit card service. 18. BALLOT ACCESS COMMITTEE AUDIT: Hall stated that he had not received the audit records. Holmes said that the records were sent last Tuesday. Walter asserted that Blumert had stated on April 7 that the records had already been sent. Blumert replied that to his knowledge they had been. Walter charged that, according to his phone log, Blumert said they would be here this weekend. Blumert indicated that Walter must have misunder- stood. Walter characterized Blumert's actions as cowardly and irrespon- sible. Blumert asked Holmes to respond. [Bergland assumed the chair] On a voice vote Blumert's motion to permit Holmes to respond passed. Holmes state that he was never under the impression that there was any urgency nor that there was any desire that it be sent to Washington rather than to Bill Hall. He asserted that it is he and not Blumert who should be blamed. In response to a query by Murphy, Holmes recalled no call from Blumert to the effect that he should send the records to DC. Ernsberger quoted a letter from Walter instructing Blumert to bring the records to DC, and asserted that Blumert's statement that he instructed Holmes to send the records in March does not square with Holmes state- ment. Blumert replied that to the best of his recollection he had read much of the letter to Holmes and that Holmes stated that he had sent the records to Bill Hall. Blumert asked, "What can we do to satisfy this body?" Blumert reviewed the history of the audit. Time expired. Givot moved ->to extend debate 10 minutes. Blumert stated that Holmes' re- quirement of data from Ron Paul's side caused a strain between Blumert and Ron Paul, but the accountants finally reluctantly agreed to provide the money that Holmes insisted on and that Holmes confided to Blumert that "we got the best of the deal." Blumert reminded the Party that it has been his offer to pay any debt that remained unresolved. In response to a query by Kunberger, he stated that even if it was $20,000, he would pay it. Brinks moved -> that this committee hire an outside auditing firm to institute an independent audit of the Ballot Access Fund, to be paid for out of the Ballot Access money, that the audit begin within 10 days of today and that all Ballot Access records that exist be placed in the hands of Bill Redpath by Tuesday, April 25th and Mr. Redpath and the hired auditing firm be the sole custodians of those records until the audit is completed, that the audit shall cover the time beginning with the day the Ballot Access was run from Houston through December 31, 1988. In the event the auditing firm is able to exhibit the possibility of fraud, this committee authorizes the auditing firm to continue with a fraud audit. If the ballot access Committee chair does not transmit the original records for calendar year 1988 to the LP Auditor within 10 days of this meeting, he shall be removed. Brown objected to spending this money this way, instead of using it to fight the state. Murphy moved ->to extend debate 10 min. The motion to extend debate passed on voice vote. Murphy moved -> to substitute "to immediately remove Mr. Blumert from the BAC for violating resolution 306, dealing with reporting of financial data, Res. 310, prohibiting SFACs from operating at a deficit, Res. 287, which limits cost overruns, and Res. 325, which reads: BALLOT ACCESS FINANCIAL REPORTING. RESOLVED, that the National Committee instructs the Ballot Access Committee to provide relevant financial data to the national Treasurer on a monthly basis and the Internal Audit Committee on a quarterly basis, and that if the Ballot Access Committee Chair does not transmit past data to the Treasurer within 10 days of this meeting, he shall be removed from his chairmanship. Walter argued against Murphy's motion on the grounds that Mr. Blumert has been cooperative and professional and the action is uncalled for. Freeman remarked that Blumert's comment that we were in the black is at odds with the audit report and there are inconsistencies that must be re- solved. Murphy argued that if people are not going to comply with our resolutions they should be removed. Brinks argued that her motion as the only way to clear the air. Turney called for a roll call vote on the motion to substitute. #1. FOR: Brinks, Brown, Dasbach, Dehn, Ernsberger, Famularo, Fielder, Freeman, Hall, Johnson, Kunberger, Marshall, Murphy, Turney, Walsh. AGAINST: Ahmad, Ayres, Bergland, Emory, Givot, Hinkle, Hudson, Kirkland, Monroe, Nathan, Sheppard, Walter. The motion to substitute passed 15-12. A roll call vote was held on the substitute motion: FOR: Brinks, Brown, Dehn, Emory, Ernsberger, Fielder, Freeman, Johnson, Kunberger, Marshall, Murphy, Turney, Walsh. AGAINST: Ahmad, Ayres, Bergland, Dasbach, Famularo, Givot, Hall, Hinkle, Hudson, Kirkland, Monroe, Nathan, Shep- pard, Walter. The substitute motion failed 13-14. Emory asked the record show his opinion that as "the Chair wishes Mr. Blumert to contin- ue, he should have the opportunity to work out the reporting problems." Ernsberger moved ->to extend debate 5 min. In response to a query by Ernsberger, Holmes stated that he was unaware of Thies' report of the existence of a $22,000 loan to the BAC from the Ron Paul Committee. Marshall moved ->that unless Mr. Blumert turns over the BAC records to the Auditor within 10 days for the purpose of an extensive audit he shall be removed from his chairmanship of the BAC. Givot moved ->to substitute that upon receipt of the records for calendar 1988 the party receiving them (Mr. Hall or Mr. Holmes) be ordered to forward them to the Auditor. There was no objection to extending debate 5 min. In response to a query by Hudson, Redpath stated that he would do a thorough audit to the best of his ability and that if it is over his head he will tell the National Committee so. In response to a query by Ayres, Hall said he would send the records with 10 days to Mr. Redpath. The motion to substi- tute failed on a voice vote. Kunberger requested a roll call on the main motion. FOR: Ayres, Bergland, Brinks, Brown, Dasbach, Dehn, Ernsberger, Famularo, Fielder, Freeman, Hall, Johnson, Kunberger, Marshall, Murphy, Turney, Walsh. AGAINST: Emory, Givot, Hinkle, Hudson, Kirkland, Monroe, Nathan, Sheppard. The motion passed 17-8 with the following comments: Hudson: Yes trusting that we wont require Bert Blumert to be the one who turns the records over; Dasbach: If Mr. Blumert through Mr. Holmes has indeed sent the records to Mr. Hall, he cannot comply; Givot, Hall and Hinkle: No, because it is absurd to direct an individual to turn over property which is not in his possession and may require him to initiate force to comply with the order. Ahmad: Abstain for the same reasons as Givot et al.'s no vote. Walsh moved ->to recess for 10 min. The motion passed on a voice vote. [The meeting recessed at 10:10 a.m.] [The meeting resumed at about 10:20 a.m.] 19. 51 IN '92: Blumert expressed the opinion that Andre Marrou was not fully apprised of Michael Emerling's actions on behalf of 51 in '92. He ex- pressed the opinion that the property rights of the LP are involved and that it would be a serious deficiency for the misuse of the LP name as in 51 in '92's initial mailing to go unaddressed. Referring to the lack of a mandate for his tenure as BAC chair exhibited in the previous roll call vote, Blumert withdrew his substitute motion previously circulated. In response to a query by Ayres, Emory said the resolution passed yester- day is exactly what North Carolina wanted. Givot moved ->that the LNC wishes 51 in '92 committee good luck and much success in the North Carolina ballot drive. The motion passed on a voice vote. Sapowsky-Smith asked to attach a letter from 51 in '92 to the minutes (Attachment B--as amended by Emerling). Walter moved ->RESOLUTION IN SUPPORT OF BAC: 1) The Libertarian National Committee strongly encourages support- ers of the Libertarian Party to use the Ballot Access Committee as the vehicle for securing ballot access for our state affiliate parties. 2) A misuse of the Libertarian Party's name was made by the inde- pendent "51 in '92 Committee." This error lead to confusion among some of those being solicited for contributions. In this case damages to the Libertarian Party are mitigated by 51 in '92's promise to spend all contributions received on the North Carolina LP's ballot drive. 3) The LNC cautions groups soliciting LP members for independent projects to refrain from using the LP's name without permission. Our right to take action against those misusing the LP name will be exercised in appropriate instances. The policy for use of our mailing list will inform users of this warning. Brown moved -> to delete section 2 of the motion. Ayres moved ->to amend the amendment to retain the first sentence of section 2. Hinkle stated that he could present the names of a half dozen California libertarians who claim to have been confused by the 51 in '92 mailing. Ahmad moved ->to close debate on amendment to amend. There was no objec- tion. Motion to amend the amendment failed on a voice vote. Ahmad moved ->to extend debate 30 seconds. There was no objection. Ahmad moved ->to substitute adding the words "may have" in the 2nd sentence of section 2. Motion to substitute failed on a show of hands. The motion to delete section 2 passed on a show of hands 13-11. Hudson moved ->to extend debate 2 minutes. Motion to extend debate passed without objection. Hudson moved ->to change "the" to "a" in third line of section. Hudson's motion to amend passed 16-9. Main motion passed on a voice vote. Fielder requested minutes show that he and Blumert abstained on all votes relating to this issue. [Walter assumed the chair] 20. AFFILIATE PARTY COMMITTEE: Gingell submitted her report (Attachment C) and provided some updates. Gingell named Rhode Island and Maine as states with problems in cooperation. Rhode Island's state chair said "Don't call us, we'll call you" while Maine's state chair, initially very enthusiastic, has suddenly become unreachable. Hudson reported that Gene Burns has offered to devote a year to Libertar- ian Party development. Givot moved -> to delete the wording from Res. 328 mandating the requirement that the chair of the Affiliate Party Committee be a member of the National Committee. The motion passed on a voice vote. Givot moved ->to appoint Gingell as chair of the Affiliate Party Committee. Dasbach then gave a report on affiliate party campaigns. Bergland moved ->NatCom recommend Gingells draft By-law revision for setting minimum standards for maintaining affiliate party status (circulat- ed with the agenda) to the Bylaws committee Johnson argued against the motion on the grounds that a small state party is better than no state party. Bergland argued that it is a good idea for us to provide this non-binding resolution to spur the Bylaws committee to deal with it. Nathan commented that lax rules for initial qualification was deliberate in order to decentralize party structure. Ahmad urged that the number for maintaining party status be reduced to avoid frequent decertification and recertification of affiliates. Jacob expressed support for minimum standards but would prefer 5 rather than 10 or 2. Ahmad moved to extend debate 2 minutes. Motion to extend debate failed on a voice vote. Motion to recommend passed on a voice vote. Without objection the Membership Committee report and Budget reports were moved to before the Program Committee report. [Ahmad assumed the Chair] 20A. OUTREACH COMMITTEE: Bergland submitted his report, previously distributed. He added that the guns, drugs, and the environment issues are the currently hot ones and the first 2 are about ready for the printer and the third, thanks to Dan Karlin is expected soon. [Walter resumed the chair] Bergland reported that a new research edition of LP News is in the works. Ernsberger noted that this committee has no budget and making and keeping contacts is all we can do and have done. Ahmad reported that some members of the National Association of Arab Americans is forming a PAC and have communicated their desire to keep in touch with Libertarians. 20B. INTERNAL EDUCATION: Bergland submitted his report, previously circulat- ed. He urged that every Libertarian join toastmasters. Turney moved ->to accept the appointment of Bergland as chair of the Internal Education Committee. Bergland urged persons interested in any of his proposed projects to volunteer to serve on the committee. 21. ADVERTISING DEVELOPMENT COMMITTEE: Hinkle presented the California par- ty's complaint, previously circulated, that some people still have not received tapes promised from the committee. He reported that although Marshall brought 17 tapes to the California convention 33 tapes are still owed. Hinkle moved -> to transfer $500 of the LNC debt to the ADC to be transferred to the California LP as reimbursement of money paid for goods not received plus damages, when available. Bergland moved ->to extend debate 5 min. Motion to extend debate passed on a show of hands. The main motion passed on a voice vote. Givot moved ->to extend debate 10 min. There was no objection. Givot moved ->that the Party shall assume direct control of all assets and liabilities of the Advertising and Development Committee and accept Bob Waldrop's resignation as chair of that committee. The motion was accepted without objection. 21A. MEMBERSHIP COMMITTEE: Monroe submitted his report. Monroe credited the membership growth over the last two years to his working with the state parties and the instant membership program. He also expressed the view that the 50/50 split of new member revenues with the states has also contributed. He thanked the people who helped him in these efforts. Monroe asserted his aversion to being "pushed around." He added that his "time is limited" and commented that if his efforts were unsatisfactory he could be replaced. In response to a query by Ernsberger as to what he had done to fulfill the plans of his report of August 1988, Monroe stated that a direct mail membership drive was not possible because the Party didn't have funds. and he instead made telephone calls to the state parties. Sapowsky-Smith moved to ->extend time 15 min. There was no objection. In response to a query by Ahmad, Kirk McKee said he couldn't write the checks to implement Monroe's proposals because of cash flow problems. In response to a query by Turney, Monroe said he personally sent instant members names to state chairs, encouraging them to recruit from that list. Bergland commented that cash for a prospecting mailing was achieved by obtaining short term loans including $1,000 loaned by Bergland himself. In response to a query by Kirkland, Monroe indicated that about 2/3 of the states have done membership drives and that only one state was hostile. Ernsberger replied that only 7 states have instituted membership drives between the time the 50/50 split was imposed and Feb. 28 and that although many of those states had received an initial call from Monroe they had received no follow up. Hinkle called the orders of the day. 21B. BUDGET COMMITTEE: Fielder moved ->that the LNC 1989 budget be amended as follows: increase direct mail 8,000; targeted contributions 2,400, torch club 5,000; soft- ware and programming 2500; executive committee 1,000 literature and materials 1,000 media relations 2,000; affiliate committee 3,000; campaign 90 2,000; other outreach 2,000; debt reduction 2,400; program committee 1,000; and reduce unallocated surplus by 1,500. Affected committee chairs were given an opportunity to explain their budgetary needs. The motion was accepted on a voice vote. 22. PROGRAM COMMITTEE REPORT -- Part 1: Givot submitted the revised program previously distributed. He noted that the preamble had already been passed before. Amendments were made to the planks and then a vote held on each amended plank. Only controversial changes are detailed below, the final draft of the ten planks selected for submission to the Conven- tion are in Appendix ?. Defending Americans in America: Passed 16-0. Aiding the Family: Passed 14-2. Choice in Education: "Government schools" in the first sentence was changed to "Government-run public schools." Passed 19-0. Federal Spending Must Be Cut: Passed 17-0. Taxes, the cruelest burden: Passed 17-1. Solutions to Unemployment: Passed 17-0. Pollution: Treat it as Trespass. Change titles to Pollution Is Trespass- ing. Change "governmental" in item 2 to "regulatory." Passed 14-2. The Federal Deficit: Passed 16-2. Solving the Drug Problem: Passed 16-0. Immigration: Passed 15-3. Health Care and Health Costs: Passed 18-0. The Child Care Dilemma: Passed 19-0. Free Trade and Neutrality: Passed 17-0. Aids: Ahmad moved -> amending the first sentence of item 5 by replacing the words: "There should be no mandatory" with "Government should not require private individuals to undergo." The motion to amend passed 8-7. Bergland moved ->to delete item 5. The motion to delete passed 15-3. The plank passed: 14-2. Emory moved -> that the program, when published, include the figures by which each plank was approved at the convention. Motion passed on a voice vote. A vote was taken to rank the planks to determine the top ten (see 22B). Without objection item 33 was moved up to 22A. [Bergland assumed the chair] 22A. SFAC REPORTING PROCEDURES: Walter asked for discussion of moving SFAC receipts processing into the National Office with segregated accounts. Walter moved ->that monies raised by the LNC's SFAC will be received, recorded, and deposited to the SFAC's segregated bank account, at the Nation- al office before the records are transmitted to the SFAC's Treasur- er within 5 days of deposit. Givot moved ->to substitute that SFACs be required to send all FEC required information on all contributions to LNC-HQ within 5 days of depos- it. Blumert commented that fundraising is very service oriented and expressed a fear of losing support given the level of service support from HQ over previous years. Dasbach urged waiting until the next meeting to see if the procedures in place work. Ernsberger argued that the status quo is unacceptable and something has to be done, but favored the Walter motion. Sapowsky-Smith noted that Res. 325 already requires regular reporting and the substitute motion doesn't address that problem. Ahmad moved ->to close debate on the motion to substitute. The motion to substitute failed. In response to a query by Freeman, Jacob expressed concern over constant problems from unrecorded or lost receipts. Ahmad remarked that the need he had expressed in the past for allocation of overhead charges would become critical if the office had to absorb the costs of record- keeping for the SFACs. Ayres moved to extend debate 10 min. There was no objection. Sapowsky-Smith moved ->to rescind SFACs. Bergland ruled motion out of order. Murphy challenged. The Chairs ruling was upheld. Nathan moved ->to substitute that all SFACs shall send all contributions to National HQ within 5 days of receipt. Givot objected that this will slow availability even more. Time expired. Nathan's amendment failed on a voice vote. Walter's motion passed on a voice vote. [Walter resumed the chair] 22B. PROGRAM COMMITTEE -- Part 2: Ahmad reported the results of the Program vote: H A U T F I E F D D C F P F e I n a r m d e e r h e o a a D e x e m u d f u . d l m l S m e e i c . . g . l i t p s g a C S u l h l T r t D A P a p t y . r . . e m r r . . . f . e Ahmad 1 1 1 1 1 1 1 1 1 1 Ayres 1 1 1 1 1 1 1 1 1 1 Bergland 1 1 1 1 1 1 1 1 1 1 Blumert 1 1 1 1 1 1 1 1 1 Brown 1 1 1 1 1 1 1 1 1 1 Dasbach 1 1 1 1 1 1 1 1 1 1 Dehn 1 1 1 1 1 1 1 1 1 1 Emory 1 1 1 1 1 1 1 1 1 1 Ernsberger 1 1 1 1 1 1 1 Famularo 1 1 1 1 1 1 1 1 1 1 Givot 1 1 1 1 1 1 1 1 1 1 Hall 1 1 1 1 1 1 1 1 1 1 Hinkle 1 1 1 1 1 1 1 1 1 1 Hudson 1 1 1 1 1 1 1 1 1 1 Johnson 1 1 1 1 1 1 1 1 1 1 Kirkland 1 1 1 1 1 1 1 1 1 1 Marshall 1 1 1 1 1 1 1 1 1 1 Nathan 1 1 1 1 1 1 1 1 1 1 Walsh 1 1 1 1 1 1 1 1 1 1 Total: 17 14 7 16 17 15 17 10 12 17 9 15 17 3 Planks making the final program (Attachment D) were: Health Care 17, Free Trade 17, Education 17, Pollution 17, Taxes 16, Federal Spending 15, Immigration 15, Aids 14, Defending America 12, Federal Deficit 10. The program was approved 19-0 with 3 abstentions. Planks cut from the final draft were: Child Care 9, Unemployment 7, and Aiding the Family 3. 23. LEGAL ACTION COMMITTEE REPORT: Deleted due to absence of Hall. 25. COMPUTER COMMITTEE REPORT: Famularo submitted his report (Attachment E). In response to a query by Hinkle, Famularo stated that we need to assess the party's future needs before making recommendations for hardware or software. In response to a query by Walsh we need to consider all op- tions including contracting out. 26. COMPUTER AUDITOR'S REPORT: Hinkle submitted his report (Attachment F). 27. MAILING LIST COMMITTEE REPORT: Johnson noted that the mailing list is chartered by Res. 336 and is not an action committee. Bergland expressed the view that it is all right to rent the list to 51 in 92. Ayres ex- pressed concern over the frequency with which they may use our list. Hinkle objected to renting the list at all to a "competitor." Givot felt it puts Blumert in an untenable position. Bergland recommended advising Dunbar not to rent to 51 in 92 without the express consent of the Execu- tive Committee. [Bergland assumed the chair] 28. MEDIA RELATIONS COMMITTEE: Nathan reported on her work in 1988. A draft letter which she provided Kinkos protesting NES policies was used with no change except for deletion of a reference to Ron Paul. She expressed her desire to concentrate on that issue in 1989. ->that the Chair shall hire a full time Public Relations director to: (1) increase the visibility of the LP as a substantial, important and influential national political force, and (2) to advise and help the National Chair, the APRC and the affili- ate state chairs with media matters, and (3) to facilitate all communications to the media from the national offices, the LNC, the HQ staff and committee chairs. Givot moved ->to extend debate 10 min. The motion passed on a voice vote. Nathan expressed her interest in assuming such a position. Erns- berger commented that the Party could not afford it at this time, but urged that she start with the $2,000 already budgeted. Turney argued that since such a person was part of the platform on which he was elected as Chair it must be given serious consideration and suggested the commit- tee would commit to this position provided that funds could be raised for it. Nathan moved ->to extend debate for 10 min. The motion to extend debate failed. Nathan moved ->to extend debate for 2 min. The motion to extend debate for 2 min. failed on show of hands. The main motion failed on a voice vote. [Walter resumed the chair] 31. ADVERTISING AND PUBLICATIONS REVIEW COMMITTEE: Ernsberger reported that the committee approved the "Break Free" copy. He reported that contacts with groups which have been spontaneously putting out material promoting us lead to an offer to print 10,000 brochures for us. In response to a query by Dehn, Ernsberger indicated that his contacts were of a friendly nature. 34. TAX PROTEST REPORT: Ernsberger reported that an analysis is being done by Andre Marrou of the tax protests in terms of locations, contacts, etc. Results will be presented at the next meeting. Turney moved to suspend the rules for 10 minutes to present recently acquired information regarding the Nadia Hayes affair. There was no objection to suspending the rules. Turney mentioned the possibility of criminal prosecutions. 35. TIME OF NEXT MEETING: Walsh moved ->that the next meeting be held Wed. Aug. 30th at the Wyndham Franklin Plaza hotel. The motion was passed without objection. 36. CHAIR'S REPORT -- Part 2: Walter announced his acceptance of Kunberger's resignation as Telemarketing subchair. Walter interpreted Monroe's comment that if we were dissatisfied with his performance we could ap- point someone else as an offer to resign and accepted his resignation. Sapowsky-Smith commended Walter for covering the agenda in a timely manner. The meeting adjourned at 5:22 p.m. Respectfully submitted, Imad A. Ahmad Secretary Attachments: Attachment A: Treasurer's Report. Attachment B: Letter from Michael Emerling Attachment C: Affiliate Parties Committee Report Attachment D: Amended Libertarian Party Program Attachment E: Computer Oversight Committee Report Attachment F: Computer Auditor's Report