Apocalypse 2001 — The LNC Continues to Act

The LNC continued to consider issues raised by the Famularo revelations:

Several minor amendments were then accepted as friendly amendments or passed: Dixon moved to add “or any business controlled or owned by him” after ‘Perry Willis’ in the fifth paragraph. Dixon then moved to amend the fifth paragraph, increasing the specified time period from two years to five years, thereby extending the ban to include a Presidential election cycle. The amendment passed on a voice vote. Givot provided an amendment, accepted as friendly, to remove “on April 21, 2001”. He noted that he was not aware of Famularo’s document until after the April meeting ended.

Gaztanaga said he agreed with Dehn, and moved to strike the third paragraph. Scherrey seconded. After a debate that largely does not appear to speak to the question of whether or not additional information had been presented, the amendment passed. Dehn, who originally objected to the paragraph in question, abstained. The debate did establish that most LNC members had reviewed in detail the timeline presented at the lp2000 web site by John Famularo.

Dixon then offered an amended motion, replacing the two paragraph series opening ‘We also resolve that…’ with two new paragraphs reading:

“We also resolve that neither the Libertarian National Committee nor the National Director shall engage Perry Willis or any business owned or controlled by him (collectively “Willis organizations”) directly as either an employee or a contractor for a minimum period of five (5) years. Willis organizations may not directly advertise in LP News and/or rent the Libertarian national mailing list during such time period.

“We further resolve that organizations (other than Willis organizations) with which Willis organizations may be affiliated or act as campaign manager may only purchase advertising in LP News and/or rent the Libertarian national mailing list subject to the terms and conditions required in the LNC policy manual for external customers.”

On being questioned, Dixon specified that the LNC would decide which organizations were ‘Willis Organizations’, but that Presidential Campaigns run by Willis would be treated as ‘Willis Organizations’. Dixon’s amendment passed on a voice vote, Dehn again specifying that he was abstaining.

The Committee then took a recess. Following the recess, Scherrey moved a substitute resolution:

“Whereas, Perry Willis had agreed, as part of his continued employment consideration as National Director and, in accordance with LNC policy, to no longer work on behalf of individual pre-nomination candidates for public office;

“Whereas, Mr. Willis has for several years thereafter denied, and knowingly allowed others to deny on his behalf, performing such prohibited work;

“Whereas, upon confrontation with evidence presented by John Famularo, Mr. Willis has since admitted to having continued to perform such prohibited work which he has hereunto been denied; and

“Resolved, that said actions and allowance of actions have caused great damage to the integrity and credibility of the Libertarian Party, and the Libertarian National Committee, and those individuals who, upon his bad faith assurance, made honest efforts to defend his person against such accusations;

“Resolved, that said actions are just grounds for termination for cause, and are a violation of the LP prohibition of initiation of use of force through fraud which Mr. Willis has affirmed as part of his membership in the LP;

“Order, that Perry Willis is hereby CENSURED by this Libertarian National Committee for said violations and betrayals; and

Order, that the Libertarian Party immediately cease, and further prohibit entering into relationships with, the utilization of Libertarian Party assets for, and further associations or transactions with Mr. Willis, and organizations where Mr. Willis has significant governance of and/or financial interest.”

Givot seconded.

The Committee then discusses the merits of the substitute motion. According to the Minutes, “Scherrey said that he believes that the sense of the body is that the motion currently on the floor is inadequate and that subsequent attempts to amend it fall short of what is needed.” Israel opposed the motion on the grounds that it went ‘far in excess of the precedents set in the Cisewski matter.’ He urged that ‘the LNC should use the Cisewski matter as a precedent’. Givot disagreed, saying that ‘Willis was in the highest position of trust’, that Willis ‘abused that position of trust’ and that he ‘permitted others to defend him when he knew he was, in fact, guilty.’ Gaztanaga is cited in the minutes as saying that ‘from what he has observed, there seem to be one or two individuals in the party who seem to have a “birthright” to earn a living from the party.’ Gaztanaga felt that Scherrey’s substitute motion addressed the issue, which does not refer to current LP employees.

Don Gorman, present as a candidate for election to the LNC, warned that ‘there are people leaving the party because of this matter.’ He proposed a panel of inquiry be established, to consist of one pro-Willis person, one anti-Willis person, and a hired outside professional mediator or arbitrator. The panel was to review facts and recommend actions.

The motion failed 8-8, with Dehn, Gaztanaga, Givot, Hoch, Kaneshiki, Milsted, Scherrey, and Turney in favor, and Bisson, Dixon, Israel, Karlan, Lieberman, Martin, Nelson, and Rutherford against. Lark abstained. Under Roberts’ Rules of Order, Lark’s abstension was equivalent to a “No” because it caused the motion to be defeated.

The main motion now read:

“Whereas John Famularo has presented evidence to the Libertarian National Committee that Perry Willis, while National Director of the Libertarian Party, performed work for the 1996 Harry Browne for President campaign in violation of LNC rules,

“And whereas Perry Willis subsequently admitted that he had indeed performed such work, in contradiction to his previous statements,

“Therefore, the Libertarian National Committee hereby censures Perry Willis for performing said work on the 1996 Harry Browne for President campaign while employed as Libertarian National Director, and for denying to his employer that he had done so.

“We also resolve that neither the Libertarian National Committee nor the National Director shall engage Perry Willis or any business owned or controlled by him (collectively “Willis organizations”) directly as either an employee or a contractor for a minimum period of five (5) years. Willis organizations may not directly advertise in LP News and/or rent the Libertarian national mailing list during such time period.

“We further resolve that organizations (other than Willis organizations) with which Willis organizations may be affiliated or act as campaign manager may only purchase advertising in LP News and/or rent the Libertarian national mailing list subject to the terms and conditions required in the LNC policy manual for external customers.

“The Libertarian National Committee further resolves that this issue is closed, and no further action shall be taken unless additional credible evidence is presented to the Committee.”

The main motion, as amended, passed 11-3 with Bisson, Dixon, Hoch, Israel, Karlan, Lieberman, Martin, Milsted, Nelson, Rutherford, and Turney in favor, Gaztanaga, Kaneshiki, and Scherrey against, and Dehn, Givot, and Lark abstaining.

National Secretary Givot then offered a further resolution:

“Whereas no later than 1998 John Famularo was in possession of and aware of evidence indicating that former National Director Perry Willis had violated LNC policy in 1996;

“And whereas John Famularo freely chose to withhold that evidence from the officers and members of the Libertarian National Committee for at least three years;

“Therefore, the Libertarian National Committee expresses its gratitude to John Famularo for bringing evidence of wrongdoing by Perry Willis to the attention of the Committee.

“Furthermore, the Libertarian National Committee expresses its regret that John Famularo freely chose to withhold this information – an act which may have led the Committee and one or two national conventions to make different decisions than they may have made had Mr. Famularo made this information available when he first discovered it.”

The motion failed on a voice vote. Gaztanaga and Scherrey specified that they abstained.

Scherrey then moved a further resolution. After friendly amendment, the resolution read:

“Whereas, Harry Browne acted to and did finally achieve the nomination by the Libertarian Party for President of the United States in 1996;

“Whereas, Mr. Browne contracted the services of the National Director at that time for purposes of this campaign and against LNC policy;

“Whereas, when said violation of policy was made public, Mr. Browne did act to hide further such violations by funneling further contracts with Mr. Willis through Jack Dean’s company;

“Whereas, when asked to respond to inquiries by our Chair for purposes of investigating this matter, Mr. Browne refused to cooperate with said investigations;

“Order that Harry Browne and Jack Dean are hereby admonished for their participating in aiding Mr. Willis to violate LNC policy and willfully seeking to impede said investigation, and Call upon Mr. Browne, fellow campaign staff and committee members Sharon Ayers, David Bergland, Michael Cloud, and contractor Jack Dean to publicly denounce this violation of LNC policy by Perry Willis and specifically his declaring ‘the best interests of the LP’ as justification for the violation.”

Prior to the friendly amendment, Dasbach said that he ‘publicly denounced the violation of LNC policy by Perry Willis’, so his name was removed from the motion.

There was then a debate as to what standard of evidence should be used to support the statements in the resolution. The question of legal liability was raised. After a meeting in executive session, Gaztanaga moved to amend the resolution to read

“Whereas, Harry Browne acted to and did finally achieve the nomination by the Libertarian Party for President of the United States in 1996;

“Whereas, Mr. Browne contracted for the services of the National Director Perry Willis at that time for purposes of this campaign and against LNC policy; Whereas, it appears from the evidence submitted to this Committee that when said violation of policy was made public in late 1995, Mr. Browne then may have cooperated with Mr. Willis to hide further such violations by funneling further contracts with Mr. Willis through Jack Dean’s company;

“Whereas, when asked to respond to inquiries by our Chair for purposes of investigating this matter, Mr. Browne refused to cooperate with said investigation;

“It is ordered that Harry Browne and Jack Dean are hereby admonished for their participation in aiding Mr. Willis to violate LNC policy and willfully seeking to impede said investigation, and

“Call upon Mr. Browne, fellow campaign staff and committee members Sharon Ayers, David Bergland, Michael Cloud, and contractor Jack Dean to publicly denounce this violation of LNC policy by Perry Willis and specifically his declaring “the best interests of the LP” as justification for the violation.”

Givot noted two choices, namely saying that ‘we do not like this conduct’ (for which the amendment sufficed) or alternatively making a strong statement by considering ‘not doing business with these people until they respond to the Chair’s inquiry to the satisfaction of the Committee’.

The amendment passed on a voice vote. The main motion passed 10­6, with Dehn, Dixon, Gaztanaga, Givot, Kaneshiki, Karlan, Milsted, Nelson, Scherrey and Turney in favor, Bisson, Hoch, Israel, Lieberman, Martin, and Rutherford against, and Lark abstaining.

The LNC then moved on to other business.