Sent: 02/02/2023 8:51 AM EST
Dear Members,
I am sure many of you have become aware of the LPM Executive Committee meeting that took place the evening of January 31, 2023. The reason this meeting took place is because many of the officers elected on July 9, 2022 learned that our party has recently been operating in a manner that is inappropriate given our status as a Michigan Nonprofit Corporation. The resultant actions that took place after the Judicial Committee released its report regarding Mr. Chadderdon’s appeal of the July 9 Convention, have been found to be unauthorized, and void.
This obviously lends itself to confusion and difficulty as we navigate through the decisions that must be made to rectify the actions that followed the Judicial Committee’s decision.
There are several questions at hand. This letter hopes to address each of those questions.
- Why were the actions taken by certain members of the Libertarian Party of Michigan following the Judicial Committee decision?
Certainly, many asked the question, “What does the Judicial Committee report mean?” While some took it to mean that the board of the Libertarian Party of Michigan was reverted to its form before the July 9th Convention, there are two main issues with that.
First, the Libertarian Party of Michigan is a membership organization, and it is not possible for a committee to remove a member of its board that was elected by vote of the members. There is not authorization in our bylaws for that. There is no authorization within Robert’s Rules of Order to accomplish that. And perhaps most importantly, the Nonprofit Corporation Act 162 of 1982 specifically authorizes only the members to have the authority to remove a member of the board that was elected by the members. The Act does allow bylaws to specify other methods, but our bylaws do not provide authority to any Committee to remove member-elected board members.
Second, the Libertarian Party of Michigan has never authorized the Judicial Committee or any other committee to overrule the actions of its members as represented by its delegates at convention. The members of this party have the ultimate authority, and that authority is vested in its delegates to all Conventions of the Libertarian Party of Michigan.
Therefore, we are now taking actions to rectify the inappropriate, and unauthorized actions of certain members that took place following the Judicial Committee report.
- What was the appropriate action following the Judicial Committee report?
What should have occurred, following the Judicial Committee report, would have been for the Executive Committee to call a Special Convention, for the purpose of allowing the members to act on the Judicial Committee report. Given the confusion surrounding the Judicial Committee’s report, we did not call an Executive Committee meeting to take this action because unfortunately, we didn’t properly understand our responsibilities. After seeking legal counsel, and the advice of many long-standing members in the party to understand further the precedence, we now understand what the appropriate action would have been.
- What is the impact of the Judicial Committee report?
The impact of the Judicial Committee report is to the offer guidance to the Executive Committee and members on how to proceed to better align with the bylaws of the Libertarian Party of Michigan per their interpretation and reporting on specific cases.
Since the Judicial Committee report ruled that the bylaws were violated at the convention in July, it would be incumbent upon the Executive Committee to seek the rectify such violations in a manner that preserves the integrity of the party, allows the members to assert their rights, and maintains the appropriate functioning of the party until any bylaw violations can be appropriately rectified.
However, the Judicial Committee has no authority to overrule the delegates of a convention body. Therefore, should the Executive Committee believe that the Judicial Committee is overstepping its authority, it is incumbent upon the Executive Committee to assert the rights of its members in opposition to the Judicial Committee if necessary.
- What proof do you have that this is the legally correct action of the party?
In addition to being the state affiliate of the Libertarian Party in Michigan, the LPM is also incorporated as a Nonprofit Corporation in the State of Michigan and is bound by the laws governing such organizations. The members of the LPM Executive Committee are legally the directors of the corporation. Only the directors of the corporation can act on behalf of the corporation. Members of the Judicial Committee are not directors of the corporation.
According to the Michigan NONPROFIT CORPORATION ACT 162 of 1982, the Judicial Committee does not have the authority to remove an officer elected by the members of the organization.
450.2535 Removal of officer; suspension of authority to act; contract rights; resignation of officer; notice. Sec. 535. (1) An officer elected or appointed by the board may be removed by the board with or without cause. An officer elected by the shareholders or members may be removed, with or without cause, only by vote of the shareholders or members. The authority of the officer to act as an officer may be suspended by the board for cause.
- How do we move forward as a party to a unite and fight for liberty in our lifetime?
The Executive Committee has, as prescribed in our bylaws, authorized and issued a Call to our Regular Convention for April 1, 2023 at the Hilton Garden Inn at 633 North Canal Road in Lansing, MI for party members to elect all officers and choose the party’s direction. A call was sent for volunteers for a bylaws committee that will address issues in our bylaws that have left the LPM open to the conflicts that we have seen over the past several months. The LPM is committed to fully supporting the efforts underway by several dedicated volunteers targeting opportunities and recruiting Libertarian candidates to win local elections in 2023.
We request that all parties respect the right and authority of the members of the LPM to proceed with the convention on April 1 in Lansing to decide on the leadership and the business of the party.
- Who are the members of the Libertarian Party of Michigan Executive Committee?
Chair – Joe Brungardt
First Vice Chair – Mike Saliba
Second Vice Chair – Mary Buzuma
Secretary – Daniel Ziemba
Treasurer – Vacant
District 1 – Ryan Roberts
District 2 – Vacant
District 3 – Jordan Martin
District 4 – Rick Thelen
District 5 – Dave Canny
District 6 – Rafael Wolf
District 7 – Brian Ellison
District 8 – Jon Elgas
District 9 – Greg Stempfle
District 10 – Kyle McCauley
District 11 – Bruce Jaquays
District 12 – Daniel Muehl-Miller
District 13 – Jami Van Alstine
District 14 – Scotty Boman
- If I have concerns, who should I speak with?
If you have concerns, I encourage you to speak with your District Representative. You are certainly welcome to reach out to any member of the board, but your District Representative is responsible for taking up your concerns and speaking on your behalf to the board at any of its meetings.
Thank you for being a member of the Libertarian Party of Michigan. And look to upcoming announcements and information as it relates to the discoveries outlined here, and the appropriate actions to be taken looking forward.
Sincerely,
Joe Brungardt
Chair
