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Libertarian Party of Florida Executive Committee => Committee Reports => Rules => Topic started by: platform on August 17, 2024, 07:26:53 PM
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Rules Committee Notes Concerning JFC between Team Kennedy and the LNC et al.
On or about August 6th, 2024, Joshua Hlavka, Chair of the Libertarian Party of Florida entered into a Joint Fundraising and General Agreement with Team Kennedy, the Libertarian National Committee, the America Independent Party of California, the Libertarian Party of Colorado, and the Libertarian Party of Florida.
On August 8th a member of the Libertarian Party of Florida brought the existence of this agreement to the attention of the LPF Rules Committee.
It was subsequently determined that the agreement was entered into by Mr. Hlavka without the approval and consent of the Libertarian Party of Florida Executive Committee (LPF EC or EC). A copy of the agreement was obtained, as well as a copy of the Ruling of the Judicial Committee of the Libertarian National Committee concerning the same agreement.
A review of the agreement, the meeting minutes of the LPF EC, the governing documents of the LPF, Florida Statutes 103 and 106, and Roberts Rules of Order Newly Revised 12th Edition (RONR) have revealed the following:
1. LPF Rule VII Political Candidates Section 1 states "The Libertarian Party of Florida may provide financial and logistical campaign support, and conduct campaign activities only for official Libertarian Candidates as defined by Article IX in the LPF Constitution."
2. LPF Rule VII Political Candidates Section 2 states " The Executive Committee shall be the sole authority to authorize contributions to political candidates from LPF party funds, formally to endorse candidates in the state of Florida who are on the ballot for federal, state, or local political office, and to approve LPF contractual agreements with candidate
campaigns. Logistics support and any other non-financial assistance to candidates may be provided by committees or by Executive Committee members at their discretion in accordance with the Constitution, Bylaws, and Standing Rules."
3. Definition of procedure is made under the LPF Governing documents and is required by Florida Statute 103.095(2). Florida Statue 103.095(2) states "(2) Each elector registered to vote in the minor political party in which he or she has so designated has a fundamental right to fully and meaningfully participate in the business and affairs of the minor political party without any monetary encumbrance. The constitution, bylaws, rules, regulations, or other equivalent documents must reflect this fundamental right and must provide for and contain reasonable provisions that, at a minimum, prescribe procedures to: prescribe its membership; conduct its meetings according to generally accepted parliamentary practices; timely notify its members as to the time, date, and place of all of its meetings; timely publish notice on its public and functioning website as to the time, date, and place of all of its meetings; elect its officers; remove its officers; make party nominations when required by law; conduct campaigns for party nominees; raise and expend party funds; select delegates to its national convention, if applicable; select presidential electors, if applicable; and alter or amend all of its governing documents."
4. Florida Statute 106.08(6)(a) states "A political party or affiliated party committee may not accept any contribution that has been specifically designated for the partial or exclusive use of a particular candidate. Any contribution so designated must be returned to the contributor and may not be used or expended by or on behalf of the candidate. Funds contributed to an affiliated party committee may not be designated for the partial or exclusive use of a leader as defined in s. 103.092."
5. RONR Sections 61, 62, and 63 deal with discipline of members and removal of officers.
It is the finding of the Rules Committee that the following has occurred:
1. Joshua Hlavka, Chair of the Libertarian Party of Florida has violated LPF Rules VII 2 by entering into a campaign agreement without the prior approval of the LPF EC. The signature on the agreement is invalid, the agreement is void.
2. Joshua Hlavka, Chair of the Libertarian Party of Florida has violated LPF Rules VII 1 by entering into a campaign agreement with a campaign that is not the official Libertarian Party Candidate.
3. The agreement as proposed is a violation of LPF Rule VII 1, because it is a campaign agreement with a campaign that is not the official Libertarian Party Candidate. If the Executive Committee wishes to enter into (or reaffirm) this agreement, it must change or specifically suspend Rule VII 1 to allow for this type of agreement prior to approving the agreement. Failure to change or specifically suspend the rule, will expose the party to legal challenge from the membership.
4. The agreement is limited strictly to Federal Campaigns and the LPFs Federal Accounts. If the agreement is undertaken, the Treasurer must follow FEC guidelines regarding the handling of funds raised through the agreement. In practice this does not limit the utility of the funds, it does however impose more stringent tracking and reporting requirements than funds limited to State and Local activities. FS 106.08(6)(a) is the source of the prohibition on Florida (state and local) election use.
5. Chairman Joshua Hlavka has violated two of the standing rules (VII 1 and VII 2) by entering into this agreement without the prior approval of the Executive Committee. This has been done openly in view of the membership, Chairman Hlavka's actions are apparent; therefor additional investigation is not required. The Executive Committee may take action to discipline the Chair in accordance with RONR without the need for a separate disciplinary hearing as its members deem fitting and proper.
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August 17th, 2024
John R. Thompson
Rules Committee Chair
Libertarian Party of Florida
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For the record, for those who want to understanding how the action of the Executive Committee last night to rescind the JFC agreement cleared Chair Joshua Hlavka of any wrongdoing mentioned in the above Rules Committee report. Please read the attached opinion from Parliamentarian Jonathan Jacobs.
TLDR; By taking that vote, the Executive Committee recognized that the Chair did have the authority to enter into the JFC and overturned this Rules Committee's findings.
Signed,
Hector Roos
Region 14 Representative