[statecom] From the Co-Chairs Re: [adcom] Legal Opinion

Daniel Melnechuk isis at isisdesign.com
Mon May 26 00:41:54 EDT 2008


Dear Adcom,

I am not engaged in a complaint against the party. Nor am i signer of  
the minority report. That said, the minority report is not a  
complaint against the party, it is a minority opinion as allowed by  
the bylaws. By attempting to label the minority report as a  
complaint, implying it is a legal complaint, is not understanding the  
nature of our bylaws in honoring what a minority report is. From the  
bylaws:

11 Political Practices
11.4 Minority Opinions. Significant minority opinions within the  
Green-Rainbow Party will be recorded and communicated to other  
national and regional Green organizations as appropriate.

Declaring that i, or signers of the minority report, may not  
participate in decision making in dealing with any issue is not  
within your powers as cochairs as per our bylaws.

See you at the meeting later today. Time for bed.

Peace and Justice,
Daniel Melnechuk
Party Treasurer
State Committee Representative, Third Middlesex State Senate District
Procedures, Structures and Meetings Committee
Tech Committee



On May 25, 2008, at 11:17 PM, Merelice wrote:

> On 5/25/08, Daniel Melnechuk <isis at isisdesign.com> wrote:
>> Dear Statecom Reps and Adcom Members,
>>
>>  Please review the legal opinion (PDF) just obtained from an  
>> election lawyer
>> about commonwealth law, our delegate selection plan, and  
>> communications with
>> Michelle Tassinari regarding same. I am not going to extract any  
>> from the
>> opinion since the entirety is important to read.
>>
>
> Dear AdCom:
>
> Due to the submission of this letter from a lawyer working for two
> private clients, offering legal advice and threatening the possibility
> of legal action otherwise, we will unfortunately need to devote time
> either at Monday's meeting or soon thereafter to consideration of
> hiring a lawyer who would be working for the Green-Rainbow Party to
> review the letter. It would, of course, be foolish and imprudent to
> rely on legal advice from a lawyer working for a client or clients
> currently engaged in a complaint against the party (i.e., the minority
> report).
>
> Because the two clients ---Grace Ross and Dan Melnechuck --- are also
> members of AdCom, it will be necessary for them and any signers of the
> complaint known as the minority report to step aside and not
> participate in these decisions regarding the necessity and value of
> seeking, selecting, and  paying for legal counsel explicitly
> representing the party rather than these individuals.
>
> It will also be necessary for AdCom not to entertain any changes to
> the current delegate allocations as recommended by CDLC and already
> communicated to the candidates until such advice from a lawyer
> actually hired by the Party is received.
>
> Sustainably yours,
>
> Nat Fortune
> Merelice
>
> GRP co-chairs
> _______________________________________________
> StateCom mailing list
> StateCom at green-rainbow.org
> http://www.green-rainbow.org/mailman/listinfo/statecom
>



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