A couple of weeks ago, I wrote a post on California’s Proposal to the GPUS, regarding Utah’s affiliation with the GPUS. The complaint is framed to be against the GPUS but the intent is to unseat the current Utah delegation by a group of people whose mission it is to disrupt the Green Party of the United States by seating people in Utah who meet their personal agendas. Most folks who have weighed in on this issue on the national discussion lists are not in favor of this proposal as it is clearly biased and does not support an independent. outside investigation, calling instead for an internal investigation. No internal investigation would be unbiased.
The Green Party of Texas has developed and submitted another proposal calling for an outside, independent investigation, which I support:
PRESENTER: The Green Party of Texas
CONTACT: Bill Holloway, GPTX delegate to the GNC, 500 S. Congress Ave., #114;
Austin, TX 78704, 512-744-7487.
SUBJECT: Fact-finding and mediation proposal for Utah
BACKGROUND AND PURPOSE: There being accusations of misrepresentation on both
sides of the Utah dispute, we believe that an effective, objective
fact-finding
investigation is a necessary first step in resolving the Utah dispute. The
Utah
dispute involves events surrounding the 2004 Nominating Convention of the
GPUS.
Because these events and their aftermath were so very emotionally charged and
divisive for the GPUS and because virtually everyone currently serving on the
GNC and in the party itself was impacted by them, we believe that no
investigative committee composed of members of the GNC, AC, DRC, or any other
committee of or even subset of self-described members of the GPUS can be
guaranteed to be fully fair, neutral and objective in this matter.
PROPOSAL:
1. THE SPECIAL INVESTIGATOR
We propose that the next step in the resolution of the Utah dispute be the
selection of
a competent outside special investigator to undertake a fact-finding
investigation
regarding the dispute. Ideally this person will be retained on a pro-bono
basis This
individual will meet the following criteria:
a) The special investigator will be a licensed attorney, retired judge,
active or
retired police detective, or Professor of Law from the state of Utah,
preferably with
experience in electoral law, political science, or international law.
b) The special investigator must not currently be serving as a
publicly-elected
official.
c) The special investigator must not be currently serving as an active
member,
committee member, or elected official of any political party or political
action
committee.
d) The special investigator must not be currently serving as a volunteer or
staff
member of a campaign for publicly-elected office.
e) The special investigator must not currently be serving as hired counsel
or legal
adviser for any political party, political action committee, or campaign for
publicly
elected office.
f) The special investigator must never have, at any time, been an active
member*,
delegate, office-holder, committee member, or candidate or official for
publicly-elected
office of any division — local, state, or national — of the Green Party of
the United
States or the Greens/Green Party USA. The special investigator must also
have no and
never have had any close friends or relatives including brother, sister,
father, mother,
child, niece, nephew, uncle, aunt, first cousin, or close personal associate,
who meet
or met the above criteria of this paragraph (f).
We propose that an ideal first choice for the special investigator would be a
respected
Professor of Law at a school of law in the state of Utah and interns or
associates to
whom they might delegate work, as judges throughout the American legal system
delegate
research to law clerks and law firms delegate some investigative work to new
hires and
interns.
If no such investigator can, after a diligent search by the Steering
Committee, be
found, authority for the resolution of the dispute will rest entirely with
the two
parties to the dispute. Either party may request intervention by the Green
National
Committee to assist in the resolution of the dispute as specified in Section
4 (Dispute
Resolution) below.
2. THE FACT-FINDING INVESTIGATION
a) The special investigator will be empowered and given authority to request
documentation, and written or oral testimony from all involved parties,
including but not limited to: the GPUT group, the Desert Greens group, current
and former GPUS staff and NC Secretaries, current and former members of the
Accreditation Committee (AC) and Steering Committee (SC), the State of Utah,
Utah courts
of law, and individual Greens.
b) The special investigator will be allowed to delegate investigative work
to
associates or interns, provided they meet all the criteria of Section I above
with the
possible exception of Paragraph (a).
c) During the course of the fact-finding investigation, any party from whom
testimony
or evidence is requested by the special investigator will be required to
respond in a
thorough and timely fashion.
d) The special investigator will conduct her or his investigation in
accordance will
all applicable local, state and national laws and all applicable rules of
legal ethics.
e) If, during the course of investigation, the special investigator feels
that a
criminal investigation into events surrounding the dispute is warranted, she
or he will
be free to act in accordance with all applicable local, state, and national
laws.
f) The fact-finding investigation will be conducted during a period of time
not to
exceed 180 days.
3. THE SPECIAL INVESTIGATOR’S REPORT
a) Within 30 days of the conclusion of the fact-finding investigation, the
special
investigator will release a full and thorough report of their findings to the
two
parties in the Utah dispute and to the Green National Committee. This report
will
include their findings as to the history and facts of the Utah dispute.
b) The special investigator will not make any recommendation regarding a
course of
action to resolve the dispute, and none is to be inferred by the parties to
the dispute
or the Green National Committee, unless such a statement is called for by
local, state,
or national laws, or by applicable rules of legal ethics.
4. DISPUTE RESOLUTION
a) Upon receipt of the special investigator’s report, the two parties to the
Utah
dispute will make a good-faith attempt to resolve their dispute internally,
by any
method of their choice, in light of the findings of the special
investigator’s report.
b) If, after this good-faith attempt to resolve the dispute internally, the
two parties
to the dispute fail to reach a resolution, either party may request that the
Green
National Committee intervene in the dispute resolution process.
c) Proposal(s) considered by the Green National Committee to help resolve
the dispute
must be presented by a state other than Utah. These proposal(s) must fully
acknowledge
and act on the special investigator’s report as called for in Section 3,
Paragraph (a).
*”Active membership” here is taken to mean active membership in a state
political party,
or any of its political subdivisions, as defined by that party and which is
or was
affiliated with either GPUS or the Greens/Green Party USA.
Deanna Dee-Dee Taylor 