Editing Constitutional Amendments (section)

= Other Proposed Amendments =
The following amendments were submitted by members after the Constitutional Amendments Committee completed drafting the above amendments.  They will require a seconder before they can be considered. --[[User:LibertarianCFO|Jim McIntosh]] 15:40, 13 August 2019 (EDT)

== Bylaw Article 11 ==

Moved by Matt Dougherty - 
* '''Delete Sections 1, 2, and 3 as follows;''' 
# Candidates for Party offices shall be allowed to distribute campaign material to the complete Party mailing list by supplying the Executive Committee with sufficient copies of the material. The Executive Committee shall mail this material within two weeks of receipt with all mailing costs to be borne by the candidate.
# All costs of any campaign for Party office shall be the responsibility of the candidate incurring the expense.
# Party envelopes and letterheads shall be barred from use by any candidate for his campaign.
* '''Replace with the following as Section 1 ''' "Each leadership candidate will be afforded the opportunity to advertise their candidacy and campaign using the Party website, Party social media accounts, and through a special edition of the Party newsletter." Renumber following Sections. 
* '''Con''' The existing Bylaw was intended to prevent the appearance that any candidate was endorsed by the Party and to avoid additional expenses for the Party and should not be replaced. There is no need to enshrine the practice being supported by the current Executive Committee in a Bylaw.  Such practices are usually continued when they are successful unless there is good reason not to do so. <br>
--[[User:LibertarianCFO|Jim McIntosh]] 10:03, 23 July 2019 (EDT)

If the above amendment is approved, Jim McIntosh will move the following; 
* '''Reinstate''' Sections 1, 2 and 3 of Article 11 immediately following Section 1 and renumber all sections. 
--[[User:LibertarianCFO|Jim McIntosh]] 12:17, 26 July 2019 (EDT)

== Constitution  Article 4 - MEMBERSHIP AND ASSOCIATE STATUS ==
Moved by Gene Balfour
*'''Delete''' Article 4 - MEMBERSHIP AND ASSOCIATE STATUS Section 1 and ignore any previously approved amendments to this section.
*'''Original''': Anyone who has signed the statement, “I'm for individual liberty,” and has paid current membership dues, shall be a “Member” of the Party.
* '''Replace with''': “1. These are the requirements to be a “Member” of the Party:<br>
a} Accept the Membership Statement, "I agree to promote, defend and protect the Libertarian Statement of Principles”<br>
b) Current membership dues have been paid.<br>
c) Adherence to the Party’s Standard of Conduct subject to enforcement of violations by the Ethics Committee.”--[[User:Gene|Gene]] 18:03, 13 August 2019 (EDT)

(i) '''Standard of Conduct'''” - Each member is expected to agree with and commit to the following: " As a (Member) (Member of the Executive Committee), I agree to conduct my relationships with the public and within the Ontario Libertarian Party in a respectful manner commensurate with the Libertarian Statement of Principles. I understand that my behaviour may be subject to sanctions by the Ethics Committee for consistent and repeated violations of the expected conduct. I understand that my rights and privileges as a (Member) (Executive Committee Member) may be temporarily or permanently curtailed according to the severity of my indiscretions and my station within the Party.” --[[User:Gene|Gene]] 19:26, 13 August 2019 (EDT)

(ii) '''Conduct Expectations''': "All OLP Members are expected to:
-  Refrain from swearing; 
-  Refrain from making personal attacks against others such as name-calling or false (unverifiable) accusations; 
-  Discuss ideas, not the alleged personal faults of others. 
-  ‘Agree to disagree’ in a respectful manner if no agreement can be reached.”--[[User:Gene|Gene]] 19:23, 13 August 2019 (EDT)

(iii) '''Serious Conduct Violations'''--[[User:Gene|Gene]] 19:23, 13 August 2019 (EDT)
"A serious Conduct violation occurs when the actions and/or behaviour of the alleged guilty party serve to harm or aggress against other(s) in a manner that
explicitly violates the Libertarian Statement of Principles and circumstances exist where reparations are not available or acceptable to the victim(s). The Ethics Committee shall restrict its deliberations regarding claims of this nature to the provisions of the Libertarian Statement of Principles". --[[User:Gene|Gene]] 19:23, 13 August 2019 (EDT)

'''Add''' '''new Article 4''' - MEMBERSHIP AND ASSOCIATE STATUS Section 5
Every OLP member can expect the following rights and privileges of OLP Membership. These cannot be restricted or revoked except in the event of an OLP Member being found guilty of an Ethics Complaint by an OLP Ethics Committee decision in response to an Ethics Violation Camplaint: 
a) The right to vote for Party Officials as per requirements set out in the OLP Constitution.
b) The right to be a candidate in elections for Party Official positions as per requirements set out in the OLP Constitution.
c) Access to any and all OLP wiki and social media assets,  and the ability to participate in the exchange of opinions and ideas with other OLP members on topics that pertain to Party business, politics, economics and political philosophy. 
d) Receipt of OLP publications such as the Quarterly Bulletin.
e) Notification of all official and sanctioned OLP events.
f)  Defence and protection from improper, aggressive and/or harmful acts from other OLP Members or Party Officials who find themselves in violation of the Standard of Conduct."--[[User:Gene|Gene]] 12:20, 14 August 2019 (EDT)
* '''Reason''': when a Member agrees to join the Party and pays membership fee, there is an implied contract and associated expectations between both parties. When one party fails to meet the expectations of the other, harm to the relationship often results. In the past, the OLP Officials sometimes  curtailed Member privileges claiming ‘just cause’ while the proof was sketchy at best and often based on rumour, gossip or  hurt feelings. The only recourse for a charged  OLP Member to seek justice has been the Ethics Committee. 
* '''Benefits of a Standard of Conduct''' are several. 
(i) It can be used to determine if an Ethics Claim has merit vis-a-vis the Statement of Principles,  or not. This can  prevent cases from taking up time and resources of the Ethics Committee unnecessarily when an Ethics Claim does not meet the required criteria as defined in our Statement of Principles. 
(ii) It is currently unclear to many OLP members (especially newcomers) as to what constitutes acceptable behaviour when engaging with other Members and the public in general. A Standard of Conduct can help in this regard.
(iii) If a Standard of Conduct  based upon our own Libertarian Statement of Principles, our Statement of Principles becomes a 'living document" rather than a statement on our website that is rarely visited. If Christians can refer to the Ten Commandments as there moral code, then certainly Libertarians can refer to the Statement of Principles as our moral guide in our personal affairs --[[User:Gene|Gene]] 12:20, 14 August 2019 (EDT)

== Constitution Article 3 - VALUES ==
Moved by Gene Balfour --[[User:Gene|Gene]] 19:01, 13 August 2019 (EDT)
* '''Delete''' Article 3 - VALUES

The Values of the Party shall be:
“We stand for personal responsibility.
“We stand for individual liberty, and controls and restrictions on governments.
“We recognize property rights.
“We stand for free and voluntary associations.
“We stand for freedom of expression.
“Government must be limited to protecting the liberty and property of its citizens from domestic and foreign aggressors.
“We believe in voluntary, not forced, mutual aid.
“We believe individual liberty promotes strength of character and integrity in a society.
“Government may not grant monopoly privileges to any individual or organization, including itself.
“We accept people as they as.
*  '''Replace with'''   Article 3 - VALUES--[[User:Gene|Gene]] 19:01, 13 August 2019 (EDT)
The Values of the Party are grounded in the following beliefs and our acknowledgement of the unpredictable circumstances which may confront each and every one of us throughout life. History has taught us that nation states which allowed the excessive concentration and scope of power to grow within their public institutions eventually produced conditions that proved dangerous, and even deadly, to their citizens. For this reason, we believe that government authority must be limited to protecting the liberty and property of its citizens from domestic and foreign aggressors. It follows that Governments must never be empowered to grant monopoly rights or privileges to any individual or organization, including itself. We also believe that the combination of individual liberty and the acceptance of personal responsibility promotes strength of character in our citizens and cohesiveness in society. However, life is challenging and sometimes brings surprises from which we may find ourself requiring the justifiable help from others. This too informs our values which are:
We stand for free and voluntary associations.
We stand for freedom of expression.
We stand for freedom of speech.
We stand for freedom of choice.
We stand for free trade between willing participants. 
We recognize, defend and protect individual person and property rights.
We encourage and respect one’s acceptance of personal responsibility to the greatest possible extent.
We stand for voluntary, not forced, mutual aid.
We accept people as they are provided that they do not harm or aggress against us”.
* '''Reason:''' the proposed Amendment provides context for our values and a more succinct summary of them. The current VALUES content is a mixture of values and beliefs. The proposed amendment separates the two and uses our beliefs to provide the context for our values. If the OLP wishes to publish this content, it is best to do so with proper use of the English language and structure.” --[[User:Gene|Gene]] 19:01, 13 August 2019 (EDT)
 

Motion by Gene Balfour--[[User:Gene|Gene]] 19:01, 13 August 2019 (EDT)

Restructuring of '''Principles and Goals'''  page under the '''About''' tab on ontariolibertarian.ca. Proposed changes for existing layout: 
* Delete “STATEMENT OF ULTIMATE GOALS”
* Replace “A. Libertarian Statement of Principles” with “LIBERTARIAN STATEMENT OF PRINCIPLES”. 
* Replace “B. PREAMBLE” with “STATEMENT OF ULTIMATE GOALS”. Reason. The proper title for this new section.
* Replace “C.” with “A.”. Reason. INDIVIDUAL RIGHTS is the first subsection
* Replace “D.” with “B.”. Reason. JUSTICE  is the 2nd subsection
* Replace “E.” with “C.”. Reason. Renumbering continues
* Replace “F.” with “D.”. Reason. Renumbering continues 
* Replace “G.” with “E”. Reason. Renumbering
* '''Reason:''' The Libertarian Statement of Principles and Statement of Ultimate Goals are logically two different topics and should be separated.--[[User:Gene|Gene]] 19:01, 13 August 2019 (EDT)

This would require an amendment to Constitution Article 14 - STATEMENT OF ULTIMATE GOALS. Logical or not, that's the way the founders wanted it. --[[User:LibertarianCFO|Jim McIntosh]] 15:06, 16 August 2019 (EDT) 
* If "that's the way the founders wanted it.", does this preclude any suggestions from current OLP Members to attempt to make improvements to our Constitution? I thought that this is why Constitutional Amendments exist and how the Party evolves to reflect changing times and the views of existing Members. If not, please explain to our OLP Members why this should be the case. --[[User:Gene|Gene]] 09:28, 22 August 2019 (EDT)


'''Constitution Article 8 - ETHICS COMMITTEE'''
Moved by Gene Balfour--[[User:Gene|Gene]] 16:19, 21 August 2019 (EDT)
* '''ADD''' '''new section'''
6.  '''Standards and Procedures for Complaints" 
Ethics Committee members shall have available to them the following guidelines to process new Ethics Claims in a fair, thorough and consistent manner.
 
* A valid Ethics Complaint requires, in writing, reference to specific violation(s) of our Libertarian Statement of Principles (posted at www.ontariolibertarian.ca/about/goals and principles), our Constitution and/or our By-Laws by the plaintiff against named defendant(s). This will establish the validity criteria for the Complaint.
* A meeting of the Ethics Committee will convene within 72 hours of Complaint Receipt to determine if the Complaint meets the validity criteria. If not, the Committee Chair with inform the plaintiff of the rejection reason. 
* If criteria is met, the Ethics Committee Chair will inform both plaintiff and defendants that up to 30 days are allowed to present their case and evidence. This Case Preparation Period can be shortened if both Plaintiff and Defendant parties agree.
* Both parties will be allowed up to a 30 day Case Preparation Period to prepare their case and evidence. Both parties shall be allowed one Uber Conference session (up to 30 minutes unless extenuating circumstance exist)  with Ethic Committee Members in order to summarize, clarify and argue the merits of their case. A clear understanding of the case by all Ethic Committee Members is vital to ensure justice. 
* Following the Case Preparation Period, the Ethic Committee Members are allowed up to a 14 day Case Deliberation Period to reach a decision. 
* The official finding by the Ethics Committee shall be presented via email and in a PDF document featuring the official OLP letterhead, the signature of the Ethics Chair and containing a appropriate  Statement of Confidentiality.  This document shall be released simultaneously to all concerned parties by the Ethics Chair. 
* The “winner” of an Ethics Complaint shall have the right to suggest a suitable sentence to be imposed on the loser(s)( Reference STATEMENT OF ULTIMATE GOALS, D. JUSTICE). This suggestion shall be considered by the Ethics Committee Members who, having heard the case in its details, will possess the best perspective on the merits of the suggestion and vote for or against as part of the sentencing. 
* Should an Ethics Complaint be made against any Party Officer(s) and the Party Officer(s) be found guilty, then the sentence to be imposed on the loser must not be determined by any sitting Party Officer. Instead, a committee of all past OLP Party Leaders must be assembled to determine suitable punishments for violations. 
* Each  Ethics Complaint Case  shall be closed officially by the Ethics Committee Chair and all notes relative to the case shall be retained as an OLP Asset for at least 7 years. This record shall exist in the case of “repeat offenders”. Should repeated and valid Ethics Complaints be issued against an OLP Member, or should an OLP member repeatedly issue Ethics Complaints that fail to meet the validity criteria, then this will indicate an ongoing concern about said member's commitment to comply with the Libertarian Statement of Principles, the OLP Constitution and/or the OLP By-Laws. 
* Repeat offenders shall face escalating sentences with each offence and may eventually face termination of party membership. Examples: 
*a) Should a Party Officer be found guilty of his/her first offence, the sentence may be loss of the Party Officer position while retaining OLP Membership and the ability to actively offer volunteer services to the Party. Ability to be eligible for election to a Party Officer position will be revoked for up to 4 years (one election cycle). 
*b) Should an OLP Member  be found guilty of his/her first offence, the sentence may be loss of certain Member privileges such as being able to nominate or vote for Party Officers for up to 2 years. In effect, OLP Associate privileges may be all that is allowed.--[[User:Gene|Gene]] 16:34, 21 August 2019 (EDT)



'''Constitution Article 12 - CONVENTIONS''' --[[User:Gene|Gene]] 17:34, 21 August 2019 (EDT)
Motion by Gene Balfour
* '''ADD new section 6''' '''Unfinished Business'''
Any unfinished Convention business that requires discussion and votes by Delegates shall be held on the Facebook OLP Members Only page for discussion. Votes shall be collected and tallied using a suitable online voting system. All outstanding business shall be concluded within 30 days of the most recent Convention in this manner. --[[User:Gene|Gene]] 17:34, 21 August 2019 (EDT)