BLACK PAPER

 

Reasons Why No Member of the State Central Committee Should Vote for Adrian F. Malagon

 

1)      August, 2021, Adrian had the Executive Committee of the Libertarian Party of Contra Costa County (“LPCCC”) censure the Chair.  The complaint was vague and subjective, without alleging specific violations of the LPCCC Constitution and Bylaws or Robert’s Rules of Order, Newly Revised (“RONR”).  The vote to censure was held by the Executive Committee while the Chair was traveling out of the state.

2)      Subsequently, Adrian attempted to coerce the Chair into violating a Non-Disclosure Agreement.  The NDA covered voter registration data; that data was available to Adrian directly from the county election officials, provided that Adrian sign the same NDA to get it.

3)      October 12, 2021, three members of the Executive Committee failed to attend the meeting (only the Chair was present), which means we did not have a quorum and could not conduct business.  We were unable to complete the signing of our Banking Resolution and unable to reimburse folks for their party-related expenses.  The missing officers were the Vice Chair, Adrian, the Secretary, Jessica Porter, and the Treasurer, Roberto Nunez.  This is a violation of their duty of office, in that they are required to conduct business in an efficient and orderly manner.  There was never any explanation for why they missed the meeting.

4)      November 24, 2021, Adrian notified me, as Chairman of the Bylaws Committee for the LPCCC, that he intended to present his own proposed bylaws amendments at the December meeting.  It turns out that his authority to do so has been (and is still) temporarily superseded, because the Chair of the LPCCC has appointed a Bylaws Committee.  This means that while the Bylaws Committee has the matter in hand, no member of the LPCCC is allowed to bring a substantially similar motion before the County Central Committee, even though that is normally allowed in our Constitution and Bylaws.  The issue arises because our Constitution and Bylaws are mute on the issue of competing amendments to the Bylaws (so we have to seek guidance from RONR, and under these circumstances, RONR gives only the Bylaws Committee the authority to bring proposed amendments to the Bylaws before the County Central Committee).

5)      December 14, 2021, at our business meeting, Adrian objected to me seconding the motion to reimburse the Chair for the Chair’s out-of-pocket expenses; those were paid on behalf of the LPCCC and were documented with the appropriate paperwork.  Adrian claimed that because I am not a member of the ExCom, I am prohibited from seconding such a motion, a claim which is false and is not supported by RONR.  When he was asked to substantiate this alleged prohibition, he changed his claim and said it was against the Bylaws of the State LP (it isn’t).  He then left the meeting and the Secretary and Treasurer followed him, which left us without a quorum, and we were again unable to conduct our business.  Instead of using the valid procedures available to him through our bylaws and RONR to object to actions of the Chair, he chose to disrupt our meeting.  There are witnesses that can testify about this breach and part of it was recorded.  I have documentary evidence from 12/17/2021 that shows he has erroneous beliefs about how we should conduct our business.

6)      Adrian claimed that the our-of-pocket expenses were never approved, so they shouldn’t be reimbursed.  The fact is that there is no procedure in our Constitution and Bylaws, for either the County Central Committee or the Executive Committee, to approve any expense.  This issue isn’t covered by the State’s Bylaws or by RONR either, so we pay our bills in a manner that is customary for us.  Adrian objected that the “custom” isn’t relevant, but he is wrong: it is mentioned in RONR that custom is an acceptable method of operation.

7)      In all of the years that I’ve been associated with the LPCCC, Adrian is the only person that has ever objected to reimbursing someone (the Chair or any other Member) for out-of-pocket expenses.  Because Adrian has obstructed the business of our Central Committee, the outgoing Chair is still owed in excess of $600.  This is a stain on the LPCCC’s integrity.

8)      January 30, 2022, prior to our Annual Meeting, Adrian made the mistaken claim that there was never a precedent for the LPCCC to use secret ballots to elect officers.

9)      January 30, 2022, at our Annual meeting, Adrian was elected to the Chair of the LPCCC.

10)   January 30, 2022, at our Annual Meeting, Adrian improperly (according to RONR) presented his proposed amendments to the LPCCC Constitution and Bylaws.  As I was about to take the floor and give an official report from the Bylaws Committee (which would have, among other things, explained why his proposed amendments are not allowed), the meeting was abruptly adjourned, without cause.  My ability to provide important information (regarding the progress that the committee has made regarding revising the Constitution and Bylaws) was once again obstructed.

11)   January 30, 2022, while improperly presenting his proposed amendments to the Constitution and Bylaws, Adrian made the claim that he had sent copies of the proposed amendments to everyone in the LPCCC.  This claim is false, several of us are still waiting to see them.

12)   February 5, 2022, I sent an e-mail outlining why Adrian’s presentation (of his proposed amendment to the Constitution and Bylaws) was not in compliance with our Constitution and Bylaws and a violation of RONR guidelines.  I felt the need to notify him officially, because I had been unable to notify him in any meeting since his message of November 24th, 2021.  His response was that he, as Chair, had dissolved the Bylaws Committee.

13)   February 6, 2022, Adrian replied to a message from Sandra Kallander and cited our Constitution and Bylaws, then misinterpreted them.  The citation showed, in opposition to Adrian’s claim, that the Chair does not have the authority to discharge a committee.  He also went on to claim that the Executive Committee never established the Bylaws Committee (which is true, but irrelevant), and therefore the Bylaws Committee was never properly or officially appointed.  This is not the case; action on the part of the Executive Committee is required by our Constitution and Bylaws in order to establish a “standing committee”, but the Chair has the power (as specified in RONR) to appoint a “special committee”.  Adrian made yet another erroneous claim in saying that even if the Chair did have the authority to appoint a committee, then the Chair also has the authority to abolish it; it turns out that the existing Constitution and Bylaws do not allow this.  When I explained to Adrian why he didn’t have the authority he claimed and that his attempt to discharge the Bylaws Committee was an action that exceeded his authority, he replied that it wasn’t an “attempt”, and that it was already done.  In reply, I pointed out that his actions are grounds for a trial under RONR.

14)   February 8, 2022, in the same message thread, Adrian pointed out that there was no approved agenda item or minutes regarding the establishment of the LPCCC Bylaws Committee.  The lack of documentary evidence is trivial, since there are witnesses that can testify to the event.

 

There is documentation to substantiate, or witnesses willing to testify to the validity of, each of these claims.  There is no excuse for Adrian’s attempt to coerce anyone into doing his bidding; it is a violation of the Non-Aggression Pledge.  This means he isn’t a libertarian – although he might be a “Libertarian In Name Only”.  I am prepared to initiate a trial and ask that he be expelled from the state party.

 

Please do not vote for Adrian F. Malagon – for any office.

 

Sincerely, Kurt A. Schultz, Chairman of the LPCCC Bylaws Committee