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Selfless Self-Ownership: Reconciling Liberty-Minded Living with a Sense of Community

Libertarian types are as selfish as they come.  All they want is to be left alone. They don’t believe anyone should do anything for anyone else.  They just don’t care…

Heard that before?  Me too; it seems to be a fairly common assumption.  As a liberty lover in what could be called a “statist” job, my work friends seem to default to that notion every time I open my mouth.  But why? Where does it come from? And how true is it?

A lot of it starts with self-ownership.  It is one of the founding tenets of libertarianism, and it gets a very bad rap.  Briefly, it is the idea that individuals have exclusive rights over their persons and their labor, and that no other individual has any rights to another’s person or labor without permission.  Intuitively, this makes a lot of sense to a lot of people. Who should be allowed to tell you how you should spend your efforts or use your body?

The conclusions that arise from this foundational belief are the basic principles of liberty-minded living.  Minimal government, market forces allowed to work unfettered, people free to do, act, buy, and sell as they please.  What is not included in this philosophy is a concept of community goals or duties. If I own my own person and my own labor, how can anyone, the government included, all of a sudden take the fruits of that labor without my consent to use on causes to which I do not subscribe?  Morally, the government cannot force me to involuntarily pay to support, say, the NEA, just as you cannot force me to hand money to you at gunpoint. Under the concept of self-ownership, both are violations of my rights.

For many, this seems as incongruous as self-ownership at first seemed reasonable.  Surely, we owe our fellow man something. Surely we are to love our neighbors, look out for each other, and make this world a better place, right?

It is true that there are no collective duties imposed on individuals by the principle of self-ownership.  Our only moral imperative is to respect the rights of all other individuals. But that does not preclude the liberty-minded individual (or anyone else) from doing something beneficial to those around her.  We do not see each other merely as silos of inviolate individual rights. We are free to to make positive impacts on our communities according to our own means, values, and understanding.

After all, isn’t the essence of those activities that we consider morally “good” the fact that we are not required to do them?  There is nothing “good” about respecting the rights of others. No one gets keys to the city for not killing someone, not stealing cars, not defrauding the elderly.  Doing “good” is doing for others when no one is making you.

Republican or Democrat, left or right, red or blue, I can almost guarantee that there is some cause over which the government has taken ownership that you are angry about supporting with your own taxes.  Be it the military-industrial complex, social services, or the Wall, everyone has a bone to pick. Some overreach is surely stuck in your craw. And so, from either side, you already have a visceral sense of the violation that the government has levied upon you by taking up these causes without your consent.

Take it a little further.  Everyone who can admit that there is a facet of life where the government should not be meddling has the right idea.  The problem is that, once you admit that, you have to face the possibility that many of the things you are happy the government is doing represent violations for someone else.

The conclusion some jump to from this point is that if we stop those violations, and remove all those artificial duties from the government, nothing will get done.  Well, if the government formed the Department of Household Suction tomorrow, would you conclude that no one but the government could ever make or sell a vacuum? Of course you wouldn’t.  Let’s move on.

The liberty-minded person is not always a self-absorbed loner in a fortified bunker.  I mean, she can be, if that is her thing. But she can also be passionate about education, concerned for the environment, or sensitive to the needs of the less fortunate.  We are public school teachers, charitable donors, and community volunteers. Some of us believe employees should be better compensated, and pay our employees more or provide more comprehensive benefits.  Some of us believe the environment is valuable and should be protected, and patronize businesses with sustainable practices. We don’t need to wait for laws to force us to make these choices. Believe in the things you value, but acknowledge that you cannot force others to value the same things.  Rather, choose to celebrate each person’s freedom to impact the world in her own way. Your power to effect positive change, in concert with those in your community that share your values, is a wonderful thing that should be treasured. And it will always be greater than a distant group of uninvested bureaucrats with no incentive to succeed.

It is the wish of every liberty-loving citizen to be free.  Not only free to preserve what is hers, but free to shape her community in a positive way according to her own values.  We must stop mistaking moral goods for moral imperatives, and stop imposing those false imperatives on our neighbors. We are using the government to force people to value the same causes that we value, and the result is ineffective, expensive, and a violation of our most basic rights.  Let us instead have the courage and compassion to choose liberty, not only for ourselves but for our fellow man, so that we can all be free to do the good in our hearts.

The opinions expressed in this article are the author’s own and do not necessarily reflect the view of the New Hampshire Liberty Alliance.

Lobbying, Finger Pointing, and Public Safety

A recent letter to the editor in a local paper sparked my interest.  It concerned HB664, which would have mandated that “No insurance company, agent, or adjuster shall knowingly fail to pay a claim to the claimant or repairer (my emphasis) to the extent the claimant’s vehicle is repaired in conformance with applicable manufacturer’s procedures.”  The writer of the letter complained bitterly about the governor’s veto of this particular bill because it undercut support for “your local auto body shop.”  In other words, it is the job of government to “help” businesses and make sure they “survive.”

No, not really.  The last time I checked the federal and state constitutions, there was nothing in there about helping businesses and guaranteeing their survival.  I don’t always agree with the governor’s decisions, but in this case, he was right in butting out of this issue.  Forcing insurance companies to pay for steps in the repairing process that they deem unnecessary is an intrusion and would only increase insurance costs to consumers.  So, who cares if consumers pay more for car insurance?

Certainly not the hordes of repair shop owners and employees and related repair shop associations that made it a point to lobby in Concord earlier this year in support of the bill. In hours of testimony before legislators, they complained in earnest that they were unfairly getting stuck paying for repairs that were necessary for safety that the insurance companies wouldn’t pay. In other words, greedy BIG INSURANCE was squeezing out little repair shops and not reimbursing them for important repair-related steps that manufacturers deemed necessary for safety. Thus, this David vs. Goliath battle waged at the State House all centers on consumer safety.

Or does it? Let’s look at the big legal case cited the most as the basis for the necessity of HB664. It is Seebachan v. John Eagle Collision Center and came out of Texas. In this tragic car crash, a couple was trapped in their 2010 Honda Fit after being hit by another car, and they suffered severe injuries because the roof collapsed. The roof had been repaired earlier from damage due to hail, and the manufacturer’s procedures spelled out that the roof was supposed to be welded back together, but John Eagle Collision Center used adhesive bonding instead. In sworn testimony in court, a John Eagle Collision Center manager implied that it was due to pressure from the insurance company that corners were cut.  In other words, finger pointing.

A good ambulance-chasing lawyer will never waste a good opportunity to go after BIG _______ (fill in the blank: BUSINESS, CORPORATIONS, TECH, OIL, TOBACCO, PHARMA, INSURANCE, SODA, etc.), so after the Seebachan’s won their $31.5 million lawsuit against John Eagle Collision Center, their lawyer wasted no time in filing suit against State Farm on behalf of the plaintiffs. Had there been any merit to John Eagle Collision Center’s allegations against such big pockets, you would have heard about it. As it turned out though, the lawsuit was withdrawn, and both sides agreed to pay their own legal costs. So, in fact the big case cited as “proof” that “There ought to be a law” was an instance where a repair shop that had been I-CAR certified in proper repairs failed miserably in its obligation to its customer (the Seebachan’s). Ironically, it was these same businesses (repair shops) lobbying against BIG INSURANCE that were nevertheless lobbying now for BIG GOVERNMENT. But I guess it’s different when the government will help your business.

The first question that comes to mind is why any insurance company would take a chance on being responsible for sending unsafe cars back on the road when it could be held liable for any damages, deaths, or injuries that might occur. Of course, as the narrative goes, BIG INSURANCE is only out for BIG PROFITS, but where would the profits be if your company has to pay out millions in claims? This doesn’t make sound business sense. In fact, cost cutting to the point of sacrificing safety would make poor economic sense precisely because it would lead to BIG EXPENSES, not profits.

But let’s suppose for argument’s sake that an insurance company behaves foolishly and refuses to pay for repairs the manufacturer recommends that are safety-related. What can and should be done? The bill’s proponents have one simple solution: mandate the repair and make the insurance company pay for it, whether it likes it or not. A better solution of how the free market would (and does) correct the situation actually came from one of the comments I read from a repair shop employee who was very critical of insurance companies. She remarked that when her repair shop informed the car’s owner that their insurance company refused to pay for repairs the shop felt were necessary, the consumer took issue with their insurance company and sometimes changed insurance companies after the incident. Thus, unscrupulous and non-profit minded insurance companies would lose business, and if they do this often enough to their customers, they’d soon run out of customers and go out of business.

This clarifies the proper relationship between the three parties. The consumer pays a premium to his/her insurance company to restore their car back to its former state after an accident, and the insurance company fulfills its obligations by paying for repairs following an accident. The contract is between the consumer and his/her insurance company. The only proper role for the repair shop is to follow generally accepted repair standards and repair the car—not to race to the State House to rally for more laws on the books, which by the way would absolutely guarantee more revenue for repair shops. If the insurance company is unwilling to pay for repairs the shop deems necessary for safety, it should simply refuse to do the job—or at the very least inform the consumer what repairs it recommends and then let the consumer decide how to proceed. As the lady from the repair shop who complained bitterly about the insurance companies noted, consumers when informed are not shy about taking matters in their own hands and don’t need BIG GOVERNMENT to protect them like children.

By the way, a footnote to the vetoed bill says, “The (Insurance) Department is unable to predict the volume of additional queries and complaints, but believes it could be large enough to require an additional staff position.” So, between the vagueness of some of the language in the bill and the eagerness of repair shops to secure as many repairs as possible, that’s a virtual guarantee of yet another useless government bureaucrat with which taxpayers would be forever burdened.

I also checked how Milton’s reps voted on this bill. Sadly, Senator Bradley was a co-sponsor of the bill, but fortunately Abigail Rooney and Peter Hayward voted against it. The next legislative session is just around the corner, and you can be sure we haven’t heard the last of this bill. Pressuring politicians to pass a mandate and guarantee more business in the name of “public safety” never goes of style.

References:

Court Listener. (2018, October 3). In the United States District Court for the Eastern District of Texas Sherman Division: Seebachan v. State Farm. Retrieved from https://www.courtlistener.com/recap/gov.uscourts.txed.178606/gov.uscourts.txed.178606.16.0.pdf

Legiscan. (2019, September 18). NH HB 664. Retrieved from  legiscan.com/NH/bill/HB664/2019

Manchester Union Leader. (2019, August 30). Your Turn, NH – John Elias:  Hijacking consumer protection. Retrieved from https://www.unionleader.com/opinion/columnists/your-turn-nh—john-elias-hijacking-consumer-protection/article_e8580f94-fb5e-5039-8e63-b3f43ead0393.html

NH Governor. (2019, August 15). Governor’s Veto Message Regarding House Bill 664. Retrieved from https://www.governor.nh.gov/news-media/press-2019/documents/hb-664-veto-message.pdf

Repairer Driven News. (2017, August 23). Update:  Couple in $1M Texas body shop lawsuit drop case against State Farm – but only temporarily. Retrieved from https://www.repairerdrivennews.com/2017/08/23/seebachans-drop-case-against-state-farm/

Repairer Driven News. (2019, September 5). AASP, ASA, SCRS respond to N.H. insurance commissioner’s op-ed. Retrieved from https://www.repairerdrivennews.com/2019/09/05/aasp-asa-scrs-respond-to-n-h-insurance-commissioners-op-ed/

Repairer Driven News. (2019, September 19). N.H. Legislature fails to override Sununu veto of OEM auto repair procedures bill. Retrieved from https://www.repairerdrivennews.com/2019/09/19/n-h-legislature-fails-to-override-sununu-veto-of-oem-repair-procedures-bill/

Repairer Driven News. (2019, September 20). Insurers skip required test to help consumers, and other arguments made against N.H. OEM procedures bill. Retrieved from https://www.repairerdrivennews.com/2019/09/20/n-h-veto-supporter-insurers-skip-required-oem-tests-to-save-cars-from-totaling/

Get your tickets now for the 2019 Liberty Dinner

The NHLA Liberty Dinner will be held on Saturday, July 13, 2019 at Grappone Conference Center, 70 Constitution Ave, Concord, NH 03301. This year’s theme is “Taxation is Theft”!
Attend this event to be among the first to see the 2019 Liberty Rating!

At the cocktail reception beginning at 6pm, you can schmooze with the NHLA board, our esteemed legislators, and other NHLA members. There will be a cash bar at your service and hors d’oeuvres will be provided.

Join us for a plated dinner beginning at 7pm (with choice of beef, fish or vegetarian entree), dessert, and a cash bar. Legislators and Full or Lifetime members receive reduced pricing.
We will also award the Activist of the Year and the Legislator of the Year!

Our featured speaker, Dan Mitchell, will give the keynote address “Taxes: the Good, the Bad, and the Ugly”. Dan Mitchell is Chairman of the Center for Freedom and Prosperity, a pro-market public policy organization he founded in 2000. His major research interests include tax reform, international tax competition, the economic burden of government spending, and other fiscal policy issues.

Stay with us after dinner as we unveil our 2019 Liberty Ratings and announce our silent auction and raffle winners!

Tickets can be purchased here.

New Hampshire State House Bicentennial

The next time you visit the New Hampshire State House it will be 200 years old. The current State House opened its doors on June 2, 1819. There will be commemorative events all week, including opening ceremonies and tours this Sunday afternoon. On Thursday, there is a joint session and picnic honoring all legislators, current and former. If you plan on attending Thursday and you are not a current representative, please consider parking at the Everett Arena and take a shuttle bus to the State House. Also, there are some very interesting original documents on display such as an 1789 copy of the bill of rights (with all 12 of the articles!). this article

For more details, see the full schedule at the link below.
https://nhstatehouse200.com/schedule-of-events/

April 2019 Board Election Results

The results of the April 2019 Board of Directors election are in!  The newest member of the Board is incoming Chair, Holly Beene Seal, who handily won her seat with 90% of the vote. Holly has been a prolific member of the Bill Review team and has been an active participant at Board meetings. We are excited for what her future involvement will bring!

Congratulations are also in order for Jaime Prout, who is returning for her second term as Secretary after receiving 97% of the vote. One of Jaime’s duties is to make sure we all stay informed about the up-to-date happenings at NHLA, and we are pleased to have her continue in that role.

The election was conducted with approval voting. Of 69 respondents:

  1. Chair:
    1. Holly Beene Seal — 60 votes
    2. None of the Above —  6 votes
    3. Paul Best (write-in) — 1 vote
    4. Skipped — 2
  2. Secretary:
    1. Jaime Prout — 65 votes
    2. None of the Above — 2 votes
    3. Skipped — 2

The Board would like to express our heartfelt gratitude to Keith Ammon, outgoing Chair, for all he has brought to the organization. To say that Keith has been a dedicated member of the Board is a vast understatement, and his many contributions as a leader and activist have been instrumental in keeping the NHLA at the forefront of the fight for liberty in New Hampshire. We look forward to his continued participation.

 

Bylaws Change 2019-03-27

DRAFT BYLAWS CHANGE 3/27/2019

This proposed bylaws change for the NHLA was submitted by member, Alvin S., of Loudon, NH on February 28, 2019. The board voted to move this change to membership on Sunday, March 3rd. The vote was 6-0 with one abstention.

Purpose: Prevent a winner by virtue of a single write-in, in the event that no other candidates are nominated.

Amend NHLA Bylaws, Article Three, paragraph 3.6 and add new paragraph 3.6.2 as follows:

(Additions are in bold.)

3.6 Any member eligible to vote may become a Director, and may nominate any member eligible to vote to fill a vacant Directorship. Directors will be elected by a simple majority vote but must receive at least ten (10) votes to be elected. All members eligible to vote shall have the option of submitting ballots via mail or electronically. Board vacancies must be filled within a reasonable period. The exact terms of the election may be decided by Board resolution, in accordance with these Bylaws. Where ballots allow for write-in candidates, the ballot shall have a notice that write-in candidates must also meet the ten (10) vote minimum.

3.6.2 If there is a tie vote or if no candidate receives the minimum of ten (10) votes, the board may, by unanimous motion, resolve the tie, elect a candidate who received fewer than ten (10) votes, or call for a new election. A call for a new election would require a simple majority vote.

[End of amendment]

Note: 10 votes corresponds with about 3.5% of voting-eligible members. Since we use “approval voting” there is no possibility of unintentional vote splitting.

Make Your Activism for Liberty a Habit

Activism for Liberty has a definite purpose. That is to bring about political and societal change in the direction of more individual freedom. It isn’t merely the act of telling people our opinions. It involves action with the intent of influencing others toward greater awareness, understanding, and practice of the principles of Liberty. Here are some suggestions for becoming a more effective liberty activist.

Work to your strengths

Engage in some quiet self-reflection and decide what skills you already possess that you can put to good use. Do you have good writing skills? Consider writing a letter to the editor (LTEs) of the local newspaper, contribute content to the NHLA website, or start a blog. Are you good at analysis? Try reviewing bills with the NHLA’s bill review system. Are you good at software development? Consider working with the NHLA’s IT development team to build new tools for other activists. Do you have good interpersonal communication skills? Perhaps you could work on a phone banking campaign to affect legislation or on a door knocking campaign for a candidate. Are you good at event planning? You could help plan a gathering of activists for a specific purpose, such as a rally, protest, or our annual Liberty Dinner awards event. There are lots of ways to put your existing skills to good use.

Work on skills you’d like to cultivate

Maybe you aren’t naturally good at public speaking but want to become so. Consider joining a Toastmasters group where you can practice your speaking skills among a friendly audience. Perhaps you’d like to understand how the legislative process works in Concord. Try attending a few committee sessions at the State House and observing how citizens or lobbyists structure and frame their testimony or the way a committee deliberates on the merits of a bill. You’ll quickly develop ideas for how to present testimony yourself. If you’d like to develop skills specifically for managing campaigns or issues-based advocacy, consider taking a training course such as the Grassroots Leadership Academy. Think about one or more skills you’d like to build and create a routine that allows you to practice them while learning from mentors who have mastered the skill before you.

“Goldilocks zone” of activity

We see some common patterns among the activist community. Some activists are hard-charging out of the gate but end up becoming disillusioned because they don’t see progress happen as quickly as they might like. Some push their personal limits for too long and experience burnout and so stop all activity. Others may want to be more involved but put off taking the initiative and stay stuck in their current routines.

Try to find your personal “Goldilocks zone” of action; not too little, not too much, but just the right amount. Enough that activism is part of your weekly or monthly routine, but not too much that you’re unable to sustain your desired level of activity. After all, you still have to balance your other responsibilities and personal relationships in order to maintain a healthy lifestyle. How many hours a month can you invest in advancing Liberty in New Hampshire?

Make it fun

Activism doesn’t have to be dull and boring. If you’re engaged in activities that you enjoy, it won’t seem burdensome. Combining social activity with performing a clearly defined task can make the experience more fulfilling. Also, try inviting others to participate with you and make it a group effort with people whose company you enjoy. Employing the buddy system with just one other person can keep you both motivated to be consistent and persistent.

Take initiative

We humans are creatures of habit. Sometimes we get stuck in our routines or within our online echo chambers, and we may feel reluctant to venture out and engage with the wider world. Being a more effective activist requires us to step outside of our comfort zone and engage with members of the legislature and the voting public.

By making our Activism for Liberty a Habit, with small incremental improvements through practice, we’ll all make steady progress in becoming more effective and persuasive activists. Doing this together as a community of like-minded people can have a historic effect on the future of Liberty in New Hampshire.

If you’d like to become more involved with the NHLA, email volunteer@nhliberty.org for more information.

 

Bylaws Change 2019-02-24

DRAFT BYLAWS CHANGE 2/24/2019

Purpose:

A) Remove Development Director position

B) Add ability to hire independent contractors.

 

A) Remove Development Director position

Article Three – Board of Directors

3.2 The Board will consist of eight seven Directors: a Chairman, a Director of Development, a Director of Political Action, a Director of Membership, a Director of Research, a Director of Information Technology (IT), a Secretary and a Treasurer. Specific duties may be assigned to each Director by majority vote of the Board.

3.5.1 Starting in December 2017, the term of office for each board position shall expire as follows: Odd years: April 30th: chairman, secretary; November 30th: political action, treasurer. Even years: April 30th: membership, IT; November 30th: development, research.

Article Four – Officers

4.8 The duties of the Director of Development shall include, but not be limited to: soliciting donations from individuals and organizations; managing donor relations; organizing the annual Liberty Dinner.

Article Five – Committees

5.2 The Ways and Means Committee shall be responsible for raising the funds necessary for the NHLA to fulfill its mission of advancing the cause of individual liberty in New Hampshire. The Director of Development shall be the chair of this committee.

5.3 5.2 The Public Relations Committee shall be responsible for communicating with the media and the public in a manner consistent with the directives set forth by the Board. The Secretary shall be the chair of this committee.

5.4 5.3 The Information Technology Committee shall be responsible for fulfilling the needs of the organization as they relate to technology, as determined by the Board. The Director of IT shall be the chair of this committee.

5.5 5.4 The Research Committee shall be responsible for writing policy briefs and proposed legislation in furtherance of the purpose of the NHLA, for distribution to the media and elected representatives, as directed by the Board. The Director of Research shall be the chair of this committee.

5.6 5.5 The Civic Action Committee shall consist of all members of the Board of Directors and their designees and shall be responsible for finding appropriate NH residents to receive financial assistance through our Civic Action Fund and scheduling charitable events throughout the year to bring non-governmental assistance to NH residents. The Membership Director shall be the chair of this committee.

 

B) Add ability to hire independent contractors

Article Six – Independent Contractors (New Section)

6.1 An independent contractor may be engaged to accomplish specific tasks or duties and whose engagement would meet 1099 IRS reporting requirements.

6.2 The board shall have the authority by a simple majority to retain or discharge the services of an independent contractor.

6.3 The board shall develop, and approve by simple majority, a well-defined scope of duties before establishing a position and must advertise the position.

6.5 The board shall approve by simple majority any compensation, commissions, expense reimbursement policy, board oversight processes, and/or reporting requirements for the position. These requirements may be defined by the board and negotiated with applicants but must ultimately be approved by the board.

6.6 No independent contractor may be a voting member of the board.

6.7 Independent contractors will be required to sign a non-disclosure agreement.

Article Six Seven – Dissolution

6 7.1 Should the NHLA dissolve, all remaining assets shall be distributed in a manner advancing the purpose of the organization.

Article Seven Eight – Amendments

7 8.1 These Bylaws may be amended with the approval of four-fifths of the Directors, provided that at a prior meeting such amendments were approved by a majority of the Directors, and that these amendments were distributed to all Directors for review, and made available to the members on the website and in an email newsletter, in the interim between meetings.

7 8.2 Any Bylaws changes shall take effect at the close of the Board meeting at which they are ratified.

Article Eight Nine – Conflict

8 9.1 If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of the NHLA, the provisions of the Articles of Incorporation shall govern. Should any of the provisions of portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.

Building Alliances: Who and How

Achieving liberty is a matter of degrees. We won’t have a utopia tomorrow, however much we want it. What we can do is push back to regain our freedom and to stop attempts to take more of it away. This requires finding allies, even if they don’t agree with us on everything. After all, this is the New Hampshire Liberty Alliance, and we don’t even agree with each other on everything!

This doesn’t mean that everyone who agrees with you is a useful ally. You have to weigh several factors. Some “allies” turn out to be liabilities. Others are valuable, even if you have to fight them tooth and nail on other issues. Here are some questions to ask yourself when trying to decide.

Are they honest? This is essential. Honest people give their reasons for the positions they take, and they believe the arguments which they offer. Someone who uses misinformation to help the cause is a liability. Someone who claims to agree with you just to get your support is a danger. It’s legitimate to adapt your arguments to your audience, but people who change their positions depending on whom they’re talking to don’t deserve your trust.

Are they trying to use you? Of course they are, up to a point. They want your support, just as you want theirs. But if they’re endorsing a position you advocate just to get your support, that’s not a productive alliance. You need allies who sincerely believe in what they say they support. Their reasons might be different from yours, but you need some real common ground.

How do they argue their points? Some people set out to be provocative. Done well, that’s a useful strategy. It gets attention. Done badly, it discredits the position you’re trying to advance. Others are just incoherent or unintentionally antagonistic. You may be able to get them to improve their line of argument, but until they do, they can make your side look foolish.

What other issues do they drag in? Allies will hold positions you don’t like, but the question here is whether they constantly bring them in while working with you. For instance, if someone wants to ally with you on limiting property taxes but regularly says the way to do it is by creating an income tax, that’s not going to be a productive alliance.

How do they reflect on you? You can work with people of many persuasions, but some are so out of bounds that just the fact of working with them means trouble. In those cases, it doesn’t matter how reasonable they seem to be when you talk with them. Avowed Marxists and white supremacists fall into this category.

Every alliance is a two-way street. Other people who share some positions with you are thinking about whether you’d be an asset or a liability. If you think they can be valuable allies, make sure you’re a worthwhile ally for them. Be open about your own views. Be the best advocate you can be. Respect any boundaries you agree to. Then there’s a decent chance your collaboration will be a productive one. You may even win them over to some more of your views.

Bylaws Change 2018-11-29

DRAFT BYLAWS CHANGE 11/29/2018

Purpose: Remove Development Director and add ability to hire independent contractors.

 

NHLA Bylaws

Article One – Name and Purpose

1.1 The organization shall be called the “New Hampshire Liberty Alliance (NHLA).”

1.2 The NHLA is organized primarily for the purpose of accepting contributions and making expenditures to influence the selection, nomination, election, or appointment of individuals who are favorable to liberty to state or local public office. The NHLA is dedicated to effecting political and cultural change in New Hampshire in a manner favorable to individual liberty.

1.3 The principal address of the organization shall always be in New Hampshire. The specific town and address are to be set by the Directors.

1.4 The NHLA may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate.

Article Two – Members

2.1 Any person may submit their name, email address, and mailing address to the board of the NHLA for the express purpose of being counted as a Basic member, signifying that he or she supports the goals and purposes of the organization.

2.1.1 Membership information shall be held in the strictest confidentiality. Only the Board of Directors, and technical staff directly authorized by the Board of Directors, shall have access to membership information. The NHLA shall not knowingly sell or distribute specific member data. Aggregate membership information, such as the total number of members, may be distributed at the discretion of the Board of Directors.

2.1.2 Memberships shall be for the term of two years. At the end of each member’s term, he or she shall be contacted and asked to renew his or her membership.

2.1.3 There will be an annual meeting of the NHLA membership.

2.1.4 A member may be removed from the NHLA if at least 2/3 of the Board of Directors vote to remove that member. 2.1.5 Membership fees may be paid in US Dollars or an equivalent thereof.

2.2 Basic membership in the NHLA shall always be free.

2.2.1 Basic membership shall entitle an individual to receive electronic newsletters and bulletins from the NHLA.

2.3 Full membership in the NHLA shall be an additional paid level of membership.

2.3.1 Full membership shall be offered for a fee of not less than $40 per 2-year term.

2.3.2 Full membership in the NHLA shall entitle an individual to vote in NHLA elections.

2.4 Lifetime membership in the NHLA shall be an additional level of paid membership.

2.4.1 Lifetime membership shall be offered for a fee of not less than $200.

2.4.2 Lifetime membership shall entitle an individual to vote in NHLA elections and exempts the member from the biennial membership renewal requirement.

2.5 Additional levels of membership may be created at the discretion of the Board of Directors.

Article Three – Board of Directors

3.1 Subject to the provisions of the laws of New Hampshire and any limitations in the Articles of Incorporation and these Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted, and all corporate powers shall be exercised by or under the direction of the Board of Directors.

3.2 The Board will consist of eight Directors: a Chairman, a Director of Development, a Director of Political Action, a Director of Membership, a Director of Research, a Director of Information Technology (IT), a Secretary and a Treasurer. Specific duties may be assigned to each Director by majority vote of the Board.

3.3 The original five Directors shall be James Maynard, Chair, of Keene, NH; Michelle Dumas, Director of Civic Action, of Somersworth, NH; Donald Gorman, Director of Political Action, of Deerfield, NH, Rich Tomasso, Director of Membership, of Nashua, NH, and Michelle Otterson, Secretary-Treasurer, of Keene, NH.

3.4 The initial terms of the Directors shall terminate as follows: the Director of Civic Action on 31 December 2004, the Director of Political Action on 31 March 2005, the Chairman on 30 June 2005, the Secretary on 30 September 2005, the Director of Membership on 31 December 2005, the Treasurer on 31 March 2006, and the Director of Research on 30 June 2006. After the initial terms of the Directors expire all terms shall be for a period of two years.

3.5 After the initial terms of the original Directors expire all terms shall be for a period of two years. Directors may serve no more than two consecutive terms on the Board, followed by a period of at least one year of non-service.

3.5.1 Starting in December 2017, the term of office for each board position shall expire as follows: Odd years: April 30th: chairman, secretary; November 30th: political action, treasurer. Even years: April 30th: membership, IT; November 30th: development, research.

3.6 Any member eligible to vote may become a Director, and may nominate any member eligible to vote to fill a vacant Directorship. Directors will be elected by simple majority vote. All members eligible to vote shall have the option of submitting ballots via mail or electronically. Board vacancies must be filled within a reasonable period. The exact terms of the election may be decided by Board resolution, in accordance with these Bylaws.

3.6.1 If only one (1) candidate for election to a vacant or expiring board position can be found, the board may, by unanimous motion, elect the candidate to the board, foregoing an election by the membership.

3.7 The Board shall meet at least twice per quarter, and if no meeting is scheduled in the next 30 days, shall meet within two weeks upon the request of any two Directors. Meetings may be held in person, via conference call, or via electronic instant messaging, and whenever possible should be open for members to observe. At least five Directors must be present to constitute a quorum. The Chairman shall be responsible for notifying the Directors of a meeting. Notification of a planned meeting, a cancellation, or of a change in the venue or date of a meeting shall be made by any two of the following methods: announcement at a meeting, posting on the NHLA website, phone, email, or mail. The first notice should

be made at least one week in advance of the meeting. The requirement for the second notification may be waived for a Director if the Chairman receives communication from that Director indicating that the first notification was received and understood.

3.8 The Directors may, at their option, elect a standing vice-chair from among themselves to fulfill the functions of the Chairman in the event of the Chairman’s absence.

3.9 Directors may only be removed by the affirmative vote of at least five of the other Directors or by voluntary resignation or clear incapacitation. Additionally, any Director who misses three consecutive Board meetings shall automatically be removed.

3.10 The method of discerning the votes of individual Directors shall be left to the Chairman. However, if any Director requests a written vote that request shall be granted. In regard to this provision an emailed vote shall suffice.

3.11 No part of the net earnings of the NHLA shall inure to the benefit of, or be distributable to, its Directors, Officers, or other private persons, except that the Board of the NHLA shall be authorized and empowered by majority vote to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of the NHLA.

3.12 The Directors shall not be personally liable for the debts, liabilities, and other obligations of the NHLA. The Directors and Officers of the NHLA shall be indemnified by the NHLA to the fullest extent permissible under the laws of New Hampshire.

3.13 The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any Officer or agent of the NHLA to enter into any contract or execute and deliver any instrument in the name of and on behalf of the NHLA, and such authority may be general or confined to specific instances. Unless so authorized, no Officer, agent, or employee shall have any power or authority to bind the NHLA by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

3.14 Except as required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the NHLA for any amount above a limit to be set by Board resolution shall be signed by the Treasurer and countersigned by the Chairman of the NHLA. For amounts less than that limit the signature of the Treasurer shall suffice. The Board of Directors may accept on behalf of the NHLA any contribution, gift, bequest, or devise for the purposes of this corporation.

Article Four – Officers

4.1 The duties of the Chairman shall include, but not be limited to: setting the agenda for board meetings; presiding over such meetings; serving as an ex-officio member on all standing committees; recruiting board members; scheduling the annual meeting.

4.2 The duties of the Director of Political Action shall include, but not be limited to: recruiting candidates for state, city and town offices; training candidates; endorsing candidates for office; determining campaign donations; determining the Legislator of the Year; providing training on the legislative process; providing training for town meeting.

4.3 The duties of the Director of Membership shall include, but not be limited to: recruiting new members; retaining current members; maintaining accurate membership records and reporting such to the Board; chairing the civic action committee.

4.4 The duties of the Director of Research shall include, but not be limited to: bill review oversight; documentation of NHLA position on key legislative issues; developing the Liberty Rating for board approval; developing candidate surveys.

4.5 The duties of the Secretary shall include, but not be limited to: keeping accurate minutes of board meetings; press release distribution; mailings.

4.6 The duties of the Treasurer shall include, but not be limited to: monthly financial reports; timely deposit of all received funds and timely payment of all bona fide expenses; possession of inventoried NHLA materials (shirts, pins, membership applications, report cards, etc.).

4.7 The duties of the Director of Information Technology (IT) shall include, but not be limited to: website oversight; mailing list oversight; renewing domains; email account oversight; protecting the confidentiality of membership data as specified in article 2.8.

4.8 The duties of the Director of Development shall include, but not be limited to: soliciting donations from individuals and organizations; managing donor relations; organizing the annual Liberty Dinner.

Article Five – Committees

5.1 The Board may, by amending this article, create standing committees to assist the Board in fulfilling the goals of the organization. Standing committees may also be dissolved by the same process. In addition, temporary committees, dedicated to a short-term objective and intended to exist for less than six months, may be created by Board resolution. The motion creating each committee shall designate at a committee chairman, who may be, but is not necessarily, a Director. Minutes of all committee meetings shall be kept. Committees may submit motions to the Board for consideration.

5.2 The Ways and Means Committee shall be responsible for raising the funds necessary for the NHLA to fulfill its mission of advancing the cause of individual liberty in New Hampshire. The Director of Development shall be the chair of this committee.

5.3 5.2 The Public Relations Committee shall be responsible for communicating with the media and the public in a manner consistent with the directives set forth by the Board. The Secretary shall be the chair of this committee.

5.4 5.3 The Information Technology Committee shall be responsible for fulfilling the needs of the organization as they relate to technology, as determined by the Board. The Director of IT shall be the chair of this committee.

5.5 5.4 The Research Committee shall be responsible for writing policy briefs and proposed legislation in furtherance of the purpose of the NHLA, for distribution to the media and elected representatives, as directed by the Board. The Director of Research shall be the chair of this committee.

5.6 5.5 The Civic Action Committee shall consist of all members of the Board of Directors and their designees and shall be responsible for finding appropriate NH residents to receive financial assistance through our Civic Action Fund and scheduling charitable events throughout the year to bring non-governmental assistance to NH residents. The Membership Director shall be the chair of this committee.

Article Six – Independent Contractors

6.1 An independent contractor may be engaged to accomplish specific tasks or duties and whose engagement would meet 1099 IRS reporting requirements.

6.2 The board shall have the authority by a simple majority to retain or discharge the services of an independent contractor.

6.3 The board shall develop, and approve by simple majority, a well-defined scope of duties before establishing a position and must advertise the position to collect as many qualified applicants as possible.

6.5 The board shall approve by simple majority any compensation, commissions, expense reimbursement policy, board oversight processes, and/or reporting requirements for the position. These requirements may be defined by the board and negotiated with applicants but must ultimately be approved by the board.

6.6 No independent contractor may be a voting member of the board.

6.7 Independent contractors will be required to sign a non-disclosure agreement.

Article Six Seven – Dissolution

6 7.1 Should the NHLA dissolve, all remaining assets shall be distributed in a manner advancing the purpose of the organization.

Article Seven Eight – Amendments

7 8.1 These Bylaws may be amended with the approval of four-fifths of the Directors, provided that at a prior meeting such amendments were approved by a majority of the Directors, and that these amendments were distributed to all Directors for review, and made available to the members on the website and in an email newsletter, in the interim between meetings.

7 8.2 Any Bylaws changes shall take effect at the close of the Board meeting at which they are ratified.

Article Eight Nine – Conflict

8 9.1 If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of the NHLA, the provisions of the Articles of Incorporation shall govern. Should any of the provisions of portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.