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  It turns out that his authority to do so has been (and is still) temporarily superseded, because the Chair of the LPCCC has appointed a Bylaws Committee.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 out-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

 

Addendum of 2/3/2023:  Please note that some minor typographical errors have been corrected.

 

The original Black Paper, shown above this Addendum, was distributed to the Delegates at the Libertarian Party of California Convention on 2/19/2022.  One or more of Adrian’s supporters is alleged to have removed many or most of the Black Papers from the Delegate’s tables, in an effort to censor the distribution of this information.  They were apparently caught in the act, and unable to suppress all of the distributed prints.

 

Since that Convention, the Libertarian Party of Contra Costs County has devolved.  It appears that several of us that are affiliated with Contra Costa County and Members in good standing with the State LP (and have been for many years, and with at least one being a Life Member) are no longer informed of official meetings – we have been effectively excommunicated from the LPCCC, in that we no longer receive communications from the County Central Committee or from the Executive Committee.  It seems that Adrian has created a group of “insiders”, a group where you need to ‘opt-in’ in order to become an “active member” of the LPCCC before your rights as a Member of the California LP are respected.  This is a violation of the State Bylaws which specify who can be a Member of the County Central Committee and what rights that accords them.  In addition, the current LPCCC has failed to notify us of our annual meeting for 2023, effectively dis-enfranchising us from our ability to vote for our preferred LPCCC officers.  These actions should outrage every Member of the LP.

 

It also appears that the LPCCC has failed to pay its bills.  The former Chair, Kevin Moore, remains un-reimbursed for the party expenses he paid for out of his own pocket more than a year ago.  This is an example of the LPCCC Executive Committee failing to conduct business in an orderly and efficient manner (which is required under RONR).

 

These examples show that Adrian F. Malagon is inept and incompetent.  As he has climbed higher in the Libertarian Party, he has left a path of devastation behind him.  His actions have shown that he is not a “libertarian” and are just cause for him to be expelled and permanently banned from the Party.

 

Please vote to remove Adrian F. Malagon from office and from the Libertarian Party.

 

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

 

 

Addendum of 2/17/2023: 

 

The State Bylaws explain who can be a Member; it is specified in Bylaw 5: Membership.  The pertinent part is Section 1.

 

As of the LPCCC’s 2023 Annual Meeting for election of Officers, my dues were current until 2/28/2023

 

Bylaw 6: Membership Lists, Section 1, indicates that the California State LP’s Executive Committee provide a copy of the County Central Committee’s membership list on a monthly basis.

There is no part of the State Bylaws that allow a County Central Committee or a County Executive Committee to modify this list.  If the information about a Member changes, the County can notify the State about it, but it is still up to the State to modify the list.

 

Bylaw 9: County Organizations, Section 2, states that membership in the State Central Committee is the only requirement for membership in a County Central Committee.

It also states that membership in a County Central Committee confers voting privileges for that Member in that County.

With regard to the 2023 Annual Meeting for the Election of Officers, Adrian has failed to notify the entire Membership list for the LPCCC; it appears that he has only notified his “inner circle” of those that have opted-in to his list of ‘active Members’.

As a result, several Members of the LPCCC have been disenfranchised; we were not notified when or where the annual election of Officers was to be held, as is required by the State Bylaws.  Failure to notify us prevents us from exercising our privilege of voting, which is conferred in Bylaws 9, Section 2.  This is an outrageous and unforgivable violation of the State Bylaws.

 

As a result of the violation of the State Bylaws, the annual election of Officers for the LPCCC needs to be overturned.

 

Because the County Executive Committee failed to notify the Members (or, in this case, “all of the members”), they have failed to hold elections in accordance with the bylaws and the State Executive Committee should declare that the Libertarian Party of Contra Costa County is currently inactive.

 

Bylaw 9: County Organization, Section 6, states: “A county organization is deemed as having selected its officers only if an election notice has been mailed to its members at least thirty but no more than sixty days in advance of that election.”  I urge the Bylaws Committee to modify this statement to specify that the notice must be sent to each and every Member of the County Central Committee, and to require that the notification must be sent by the US Mail.  The rational here is that the US Mail is the only consistent minimum standard for communication; although it is prevalent, not everyone has e-mail or internet.

 

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

 

Addendum of 3/10/2023: 

 

Additional information available here: http://www.ccclp.org/Summary.htm and here: www.ccclp.org/MemberNoticePrivileges.htm.