For what they did, see below.
The LNC ExComm met this Meeting. Everyone other than Mr. Heyman was present. There were an extremely large number of other attendees, close to two dozen.
Mr. Nekhaila moved to take the Executive Committee into executive session, with the LNC’s attorney invited to attend as a participant. Furthermore, all LNC members were invited to attend, except Regional Representative Miguel Duque was to be excluded. (I later heard the LNC’s parliamentarian confirm that was allowable.) The topics of discussion in the executive session were staff and legal matters, and Ms. Harlos’s motion:
The appointment of an investigatory committee regarding preferral of charges for allegations of violations of confidentiality by an LNC member to meet immediately prior to the Saturday portion of the LNC Meeting in DC and report back to the LNC as the first item of business.
Mr. Duque attempted to raise as a point of order that Ms. McArdle is implicated in whatever it is, and therefore should not chair the Executive Committee meeting. Ms. Harlos raised a consequent point of order, namely that only ExComm members were entitled to raise points of order during ExComm meetings. The Chair sustained Ms. Harlos’s objection.
With unanimous consent, they then went into Executive Session.
I then asked Mr. Duque if he had been told that he would be excluded.
He indicated that he preferred not to answer questions about the exclusion at this time.
Addendum On emerging from Executive session, the LNC Executive Committee passed two motions by 6-0, Chair McArdle not voting.
Motion One was to form an investigatory committee to consider preferring charges against Regional Representative Miguel Duque for breach of confidentiality, to meet at the in-person LNC meeting this weekend, before the LNC meeting, and bring motions as the first order of business at the meeting.
Motion Two was to restore Mr. Duque’s access to the LNC email list.
As noted above, both motions passed 6-0.
I tend to agree with Mr. Dasbach on this point.
The rights of membership of a regional rep could not individually abridged by the LNC. However, the rights of membership include only the right to attend meetings, the right to make motions, and the right to vote (RONR, 1:4). A regional rep could be barred from a meeting of a committee of which he is not a member, for example.
There are a number of things the LNC could choose to do that would not abridge Duque’s rights of membership.
As for Roberts Rules:
“ARTICLE 16: PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern the
Party in all cases to which they are applicable and in which they are not inconsistent with these bylaws
and any special rules of order adopted by the Party”
Attempting to use some procedure from Roberts to remove a Regional Rep would clearly be “… inconsistent with these bylaws…” which clearly spell out the ONLY way to remove a Regional Rep.
“National Committee Regional Representative or Alternate may be removed and replaced only
by the act of the affiliate parties that constitute the subject region. The voting procedure for the
removal and replacement of regional representatives or alternates shall be determined by the
regions. In the absence of any such procedures, a majority vote of the state chairs comprising the
region shall prevail.”
That seems crystal clear. The LNC cannot do anything to remove a Regional Rep or Alt. Only their region can, in accordance with their regional agreement.
Mr. Phillies, there could, in theory, be some sort of legal action, but that would be well outside of RONR.
As for expulsion from membership, you might want check this out p. 11 of text, footnote 4. https://issuu.com/parliamentarians/docs/nap_np84-3-wwwfinal
“at least some members of the LNC or Executive Committee believe”
“Pretend.” The word you are looking for is “pretend.”
Independent Political Report has received information indication that at least some members of the LNC or Executive Committee believe that by following the investigative committee path they can by invoking Roberts’ impose penalties more severe than those permitted by the bylaws.
We are unable to name penalties that fit the ‘more severe’ description other than ‘expulsion from the LNC’ or ‘expulsion from the National Party’.
Breaking confidentiality agreements is chairworthy?
Duque for Chair of lNC! 2024
Who removed Duque from the email list?
Just to give some background, RONR 12 ed. is clear that member of the organization but that are not members of the board or committee meeting may only attend an executive session if invited (9:25).
Duque is a member of the LNC, but he is NOT a member of the Executive Committee. He has no more right to attend closed sessions of the Executive Committee than I do.
The party parliamentarian. Mr. Brown, was correct.