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073RD JUDICIAL DISTRICT COURT FLORINDA CHAVEZ ET AL VS MARGARET MORAN

DATE EILED:_ .07./J 11.20.12

FLORINDA CHA ~EZ, lNDIVIDUALL Y AND AS TEXAS LULAC STATE DIRECTOR, BEATRICE MARTINEZ, lNDIVIDUALL Y AND AS TEXAS LULAC DEPUTY STATE DIRECTOR, JOE CARDENAS, III, lNDIVIDUALL Y AND AS IMMEDlA TE PAST STATE DIRECTOR OF TEXAS LULAC, PETER ANZALDUA, lNDIVIDUALL Y AND AS DEPUTY STATE DIRECTOR OF THE YOUTH TEXAS LULAC, LOURDES GAL V AN, INDIVIDUALL Y AND AS DEPUTY STATE DIRECTOR OF THE ELDERLY TEXAS LULAC, AND TEXAS LULf-.C

IN THE DISTRICT COURT

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JUDICIAL DISTRlCT

VS. MARGARET MORAN, INDIVIDUALLY AND AS NA TIONAL PRESIDENT OF LULAC, ROGER ROCHA, JR., INDIVIDUALLY AND AS NATIONAL TREASURER OF LULAC, BALDOMERO GARZA, INDIVIDUALLY AND AS VICE PRESIDENT OF SOUTHWEST LULAC AND THE LEAGUE OF UNITED LA TIN AMERICAN CITIZENS

BEXAR COUNTY, TEXAS

PL~INTIFF'S ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION AND PERMANENT INJUNCTION

TO THE HONORABLE JUDGE OF SAID COURT:

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NOW COMES Plaintiffs herein, FLORINDA CHAVEZ, Individually and as Texas LULAC

State Director, BEATRICE MARTINEZ, Individually and as Texas LULAC Deputy State Director, JOE CARDENAS, ill, Individually and as immediate past State Director of Texas LULAC, PETER ANZALDUA, Individually and as Deputy State Director of the Youth Texas LULAC, LOURDES GAL VAN, Individually and as Deputy State Director of the Elderly Texas LULAC, and TEXAS LULAC, and file this their Plaintiffs' Original Petition, Application for Temporary Restraining Order, Temporary Injunction against Defendants herein, against Defendants, MARGARET MORAN, Individually and as Nationa1 president of LULAC, ROGER ROCHA, Individually and as National Treasurer ofLULAC, BALDOMERO GARZA, Individually and as Vice President of Southwest for LULAC and THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS, and in support thereof, show the Court the following:
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I. PARTIES AND SERVICE

l.

Plaintiff, FLORINDA CHAVEZ, Individually and as Texas LULAC State Director,

resides in the State of Texas. 2. Plaintiff, BEATRICE MARTINEZ, Individually and as Texas LULAC Deputy State

Director, resides in the State of Texas. 3. Plaintiff, JOE CARDENAS,

m, Individually

and as immediate past State Director of

Texas LULAC, resides in the State of Texas. 4. Plaintiff, PETER ANZALDUA, Individua1ly and as Deputy State Director of the Youth

Texas LULAC, resides in the State of Texas. 5. Plaintiff, LOURDES GALVAN, Individua1ly and as Deputy State Director of the

Elderly Texas LULAC, resides in the State of Texas. 6. Plaintiff, TEXAS LULAC is a non-profit association-located in the State of Texas. Page 2 of J1

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7.

Defendant, MARGARET MORAN, Individually and as National president ofLULAC.

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Defendant maybe served with process by serving her at 4100 Piedras Drive East, Suite 140, San Antonio, Texas 78228, or wherever she may be found. 8. "Defendant~'ROGER ROCH~,I Individually and as National Treasurer of LULAC.

Defendant may be served with process by serving him at 803 McClelJand, Laredo, Texas 78040, or wherever he may be found.
~ ~

9.

Defendant, BALDOMERO GARZA, Individually and as Vice President of Southwest

for LULAC. Defendant may be served with process by serving him at 6502 Sterling Canyon Drive, Katy, Texas 77450.
~ #

10.

Defendant, THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS is a NonDefendant may be served with process by serving' its

Profit, Domestic NonProfit Corporation.

Registered Agent, Luis R. Vera at 111 Soledad, Suite 1325, San Antonio, Bexar County, Texas 78205, or anywhere Defendant may be found. II. JURISDICTION AND VENUE II, 12. The subject matter in controversy is within the jurisdictional limits of this court Venue in Bexar County, Texas is proper in this cause under Section 15.002(a)(2) of

the Texas Civil Practice and Remedies Code because it is the County of residence of defendant's at the time the cause of action accrued. III. FACTS

13.

On June 29, 2012 there was a National LULAC Board meeting which occurred in

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Orlando, Florida.' The board heard a challenge to the Texas LULAC election which was held on June 10,2012 in San Marcos, Texas. The election held by Texas LULAC was pursuant to the Constitution, Bylaws, Protocol, Custom, and Policy ofLULAC. The challenge was filed by Luis R. Vera, Jr., General Counsel for National LULAC on behalf ofElia Mendoza. This challenge was to the election of all the Texas LULAC Officers on June 10,2012. 14. The national LULAC Board voted to overturn the election of June 10,2012 but only

set aside the election of State Director, Deputy State Director, Deputy State Director for Youth and Deputy State Director for the Elderly. The National Board by overturning the election affected the position oflmmediate Past State Director which thereby affected Joe Cardenas, III and his standing as member of the Texas LULAC Board. The National Board allowed the State Treasurer, Deputy for Women and Deputy for Young Adults to remain. 15. Also Margaret Moran, National President of National LULAC was voted to be State

Director of Texas LULAC for thirty days and she would appoint a committee of three professional individuals not from Texas, not from Puerto Rico and not LULAC members to select the next State Director, Deputy State Director, Deputy State Director for Youth and Deputy State Director for the Elderly. All individuals whom elections were overturned and any member in good standing may submit their resume to the committee which will be created and the committee will select the best qualified candidate for the four positions. Further, Baldomero Garza, National VP for the Southwest will inform everyone of the process that will be used in the selection of the officers for Texas LULAC. Roger Roger, Jr., National Treasurer would sign on the Texas LULAC accounts as well as the State Treasurer. 16. The National Board only allowed a hearing to the Challenge to the State Director of

I See Exhibit "I", Affidavit of Florinda Chavezdat~yl9?,QU2,

which is hereby incorporated as set forth herein.

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Texas LULAC but did not allow the offices for the Deputy State Director, Beatrice Martinez, Deputy State Director for Youth, Peter Anzaldua, and Deputy State Director for the Elderly, Lourdes Ga1van to be heard. The National Board voided the election of these officers of Texas LULAC without allowing them the opportunity to be heard. 17. Defendants, if not immediately enjoined and restrained, Plaintiffs will suffer

irreparable harm. IV. VIOLATIONS OF LULAC CONSTITUTION, BYLAWS AND PROTOCOL 18. The action taken by the National Board is in violation of their Constitution,
~\

Bylaws, and Protocol. The process for challenging an election is not provided within the Constitution and even if so it should have been brought to the State Level prior to the National Board. Further, the National Board in its action removed the Texas LULAC State Director, Texas LULAC Deputy State Director, Texas LULAC Deputy State Director for the Youth, and Texas LULAC Deputy State Director for the Elderly and did not follow the process as dictated within the Constitution, Bylaws and Protocol of LULAC. 19. The action taken by the National Board was arbitrary and capricious. The

National Board only voided the elections of certain officers and not all. Also, the National Board took action to allow the National President of LULAC to appoint a three member committee to select and chose the State Director, Deputy State Director, Deputy State Director for the Youth, and Deputy State Director for the Elderly. These officers are elected officers of the Texas LULAC and the Constitution, Bylaws, and Protocol do not allow a three member committee appointed by the National President to select these positions. The Constitution, Bylaws, and Protocol do not allow the process as stated by the National Board.
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20. effect.

This action by the National Board shall be null and void and of no force and

V.
VIOLATIONS OF DUE PROCESS 21. National Board by their removal of State Director, Deputy State Director, Deputy

State Director for the Youth, and Deputy State Director for the Elderly violated their due process without allowing them the opportunity to be heard. Further, there were no charges or violations made against these officers to be removed as provided for within the Constitution, Bylaws, and Protocol of LULAq. The National Board failed to provide these elected State Officers notice of the charges, complaints, or violations which were made against them and/or which were used in the removal of these officers from their elected positions.

VI.
DECLARATORY JUDGMENT 22. Plaintiffs request the Court determine the rights, status, and the legal relations

between the Plaintiffs and Defendants under the LULAC Constitution, Bylaws, and Protocol pursuant to Chapter 37 of the Texas Practice and Remedies Code (CPRC). Plaintiffs hereby request their costs and attorney fees pursuant to Section 37.009 of the CPRC. VII. ELEMENTS FOR INJUNCTIVE'RELIEF 23. 24. In light of the above described facts, Plaintiffs seek recovery from Defendants. Plaintiffs are likely to succeed on the merits of this lawsuit because the action taken

',I

by the National Board is in violation of the Constitution, Bylaws and Proteol ofLULAC. 25. Unless this Honorable Court immediately restrains the Defendants, the Plaintiffs will

suffer immediate and irreparable injury, for which there is no adequate remedy at law to give
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_"

Plaintiffs complete, final and equal relief. More specifically, Plaintiffs will show the Court the following:
A.

The harm to Plaintiffs is imminent because Defendants are attempting to seize the

bank accounts of Texas LULAC which has approximately $20,000.00 on deposit. Texas LULAC needs to continue to operate and provide services to the needs of the Texas Hispanic population. B. This imminent harm will cause Plaintiffs irreparable injury in that they were duly

elected officers from the Texas LULAC State Convention. Texas LULAC will need to continue to operate and provide the necessary services for the Hispanic community throughout the State of 1,1 Texas. Further, Texas LULAC has thousands of dollars on deposit with Capital One bank and needs these funds to continue to operate State business. C. There is no adequate remedy at law which will give Plaintiffs complete, final and

equal relief because the damages would be difficult to determine. VITI.

BOND

26.

Plaintiffs are willing to post a reasonable temporary restraining order bond in the

amount of $250.00 and request the court to set such bond. IX.
REMEDY

27.

Plai~tiffs have met Plaintiffs' burden by establishing each element which must be

present before injunctive relief can be granted by this court, therefore Plaintiffs are entitled to the requested temporary restraining order. 28. Plaintiffs request the court to restrain Defendants from sending notices out to' its

members that Margaret Moran is the State Director of Texas LULAC. Further, providing notice that
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the election of~he State Director, Deputy State Director, Deputy State Director for the Youth, and Deputy State Director have been violated or nullified. Restrain the Defendants from fanning a three person committee to appoint a State Director, Deputy State Director, Deputy State director for the Youth and Deputy State Director for the Elderly. Restrain Defendants from attempting to void, nullify the election of the Texas LULAC officers at the election held in San Marcos, Texas on June 10,2012. Restrain the Defendants from changing or taking the Bank Accounts of Texas LULAC which are located at Capital One Bank. Restrain the Defendants from being added or included as a signatory on the batik accounts of National LULAC which are located at Capital One Bank. Restrain the Defendants from sitting, conducting, interfering, holding or administering any Texas LULAC state board meeting. Restrain the Defendants from removing, expelling andlor retaliating against the Plaintiffs because of filing this litigation. 29. It is essential that the court immediately and temporarily restrain Defendants from

sending notices out to its members that Margaret Moran is the State Director of Texas LULAC. Further, providing notice that the election of the State Director, Deputy State Director, Deputy State Director for the Youth, and Deputy State Director have been violated or nullified. Restrain the

Defendants from forming a three person committee to appoint a State Director, Deputy State Director, Deputy State director for the Youth and Deputy State Director for the Elderly. Restrain
'il

Defendants from attempting to void, nullify the election of the Texas LULAC officers at the election held in San Marcos, Texas on June 10,2012. Restrain the Defendants from removing Texas LULAC State Director, Texas LULAC Deputy State Director, Texas LULAC Deputy State Director of the Youth, Texas LULAC Deputy State Director of the Elderly. Restrain Defendants from changing or taking the Bank Accounts of Texas LULAC which are located at Capital One Bank. Restrain the 8 of 11

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Defendants from being added or included as a signatory on the bank accounts of National LULAC which are located at Capital One Bank. Restrain the Defendants from sitting, conducting, Restrain the

interfering, holding or administering any Texas LULAC state board meeting.

Defendants from removing, expelling and/or retaliating against the Plaintiffs because of filing this litigation. It is essential that the court act immediately, prior to giving notice to Defendants and a hearing on the matter because the Defendants have begun taking action which is detrimental, harmful and damaging to Plaintiffs and Defendants need to be inunediately enjoined and restrained as stated above. 30. In order to preserve the status quo during the pendency ofthis action, Plaintiffs request that

the Defendants be temporarily enjoined from Defendants from sending notices out to its members that MargaretMoran is the State Director of Texas LULAC. Further, restrain Defendants from

providing notice that the election of the State Director, Deputy State director, Deputy State director for the Youth, and Deputy State director have been voided or nullified. Restrain the Defendants from forming a three person committee to appoint a State Director, Deputy State Director, Deputy State director for the Youth, and Deputy State Director for the Elderly. Restrain Defendants from attempting to void, nullify the election of the Texas LULAC officers at the election held in San Marcos, Texas on '~une 10, 2012. Restrain the Defendants from changing or taking the Bank. Accounts of Texas LULAC which are located at Capital One Bank. Restrain the Defendants from being added or included as a signatory on the bank accounts ofNational LULAC which are located at Capital One Bank. Restrain the Defendants from sitting, conducting, interfering, holding or administering any Texas LULAC state board meeting. On final trial on the merits, that the Court permanently restrain Defendants from sending notices out to its members that Margaret Moran is the

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State Director of Texas LULAC. Further, providing notice that the election of the State Director, Deputy State Director, Deputy State Director for the Youth, and Deputy State Director have been voided or nullified. Restrain the Defendants from forming a three person committee to appoint a State Director, Deputy State Director, Deputy State Director for the Youth, and Deputy State Director for the Elderly. Restrain Defendants from attempting to void, nullify the election of the Texas LULAC officers at the election held in San Marcos, Texas on June 10,2012. Restrain the

Defendants from changing or taking the Bank Accounts of Texas LULAC which are located at Capital One Bank. Restrain the Defendants from being added or included as a signatory on the bank accounts of National LULAC which are located at Capital One Bank. Restrain the Defendants from sitting, conducting, interfering, holding or administering any Texas LULAC state board meeting. Restrain the Defendants from removing, expelling and/or retal iating against the Plaintiffs because of filing this litigation.

PRAYER
WHEREFORE, PREMISES CONSIDERED, FLORINDA CHAVEZ, Individually and as Texas LULAC State Director, BEATRICE MARTlNEZ, Individually and as Texas LULAC Deputy State Director, JOE CARDENAS, III, Individually and as immediate past State Director of Texas LULAC, PETER ANZALDUA, Individually and as Deputy State Director of the Youth Texas LULAC, LOURDES GAL VAN, Individually and as Deputy State Director of the Elderly Texas LULAC, and TEXAS LULAC, prays that the Court issue a Temporary Restraining Order against Defendants, MARGARET MORAN, Individually and as National president of LULAC, ROGER ROCHA, Individually and as National Treasurer ofLULAC, BALDOMERO GARZA, Individually and as Vice President of Southwest: for LULAC and THE LEAGUE OF UNITED LATIN

'I

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AMERICAN CITIZENS, that immediately prohibits Defendants from the acts which are stated above, in compliance with the aforementioned Application for Temporary Restraining Order. Plaintiffs further seek a Temporary Injunction, Permanent Injunction, attorney's fees, damages, costs and such other relief, at law or in equity, to which it justly and equitable entitled. Respectfully submitted, & SANCHEZ, 115 East Travis, Suite 1 . San Antonio, Texas 2 Telephone: (21 22Telecopier: )2,21j.7J..cu
GALE, WILSON

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RTw'WILSON e Bar No. 00794868

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AFFIDA VIT OF FLORINDA STATE OF TEXAS COUNTY OF BEXAR

CHAVEZ

BEFORE ME, the undersigned authority, on this day personally appeared FLORINDA CHAVEZ, who being by me duly sworn on her oath, stated that every statement contained in this Affidavit is within her personal knowledge and is true and correct. "My name is FLORINDA CHAVEZ. I am over the age of 18 years and 1 have personal

knowledge of the f~cts contained herein. and they are true and correct. I. I ha~e been a member of League of United Latin American Citizens (LULAC) for I am familiar with the history of LULAC based upon my involvement in I was Deputy

thirty (30) years.

LULAC. I was also the State Treasurer for Texas LULAC for three (3) years.

State Director for Women for one (1) year. I have also been the District Director for District I in Lubbock, Texas for approximately two (2) years. I was the District Director for District Seven (7) in Austin, Texas on two separate occasions. I have served on the local council as well

serving as President, Secretary, and Treasurer throughout my years of involvement in LULAC. 2. Texas LULAC began in 1929 in Corpus Christi, Texas. Mexican Americans

formed this organization to combat overt acts of discrimination toward the Mexican American Communities. LULAC was very active throughout Texas by forming Councils and energizing

the Mexican Americans to help others which were being threatened, beaten and ostracized. 3. Eventually LULAC became powerful and involved in the social issues throughout

the United States. The Constitution allowed the individual States to hold their own elections to elect State Directo~ and organize Districts and Councils within each of the States in the United States. Currently there are numerous states that have their own State Directors and have their own elections to elect the State Directors for each state. 4. Because the State bas their own elections and elects its own officers, they involve National LULAC as the National organization involves

themselves on local and state issues.

itself with Federal issues and works in conjunction with the State on State and local issues. State organizations are autonomous in National LULAC and operate separately with their own board meetings and executive board meetings. Texas LULAC has developed its own policies and

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bylaws which govern the actions of the Texas LULAC but continue to operate within the Bylaws and the LULAC Constitution. 5. Texas LULAC has established its own bank accounts for funds raised to benefit The

Texas LULAC. Texas LULAC solicits donors to provide funding for the State Convention.

donors in return of donations are able to receive recognition and advertisements are prominently displayed throughout the convention for the donations received. state dues paid by Texas LULAC members.
;'

Also, the funds on deposit on

These funds and the monies received are

autonomous from 'National LULAC. Texas LULAC controls these funds and the signatories on the bank accounts are Texas LULAC officers. Texas LULAC is able to fund their activities Texas LULAC provides educational

throughout the State of Texas from the monies raised.

workshops and advocacy training throughout the State of Texas. These funds are re also used to promise Civil Rights for Hispanics in Texas currently Texas LULAC has approximately

$20,000.00 in their checking and money market accounts. 6. The State conventions are elaborate and time consuming to plan. The State

Conventions from the previous years vote on where the State Convention is to be held. Each councilor city will lobby and provide presentations on why' their City should be chosen as the

sight for the State Conventions. 7. The State Convention for the State of Texas is a huge undertaking. in the Country. Texas

LULAC is the largest LULAC organization

There are usually 500-1000

delegates which attend the Texas LULAC conventions and travel from throughout the state to attend. 8.
.,1

Currently 1 am the State Director for Texas LULAC and have held this position

for eight (8) months. I was originally appointed as State Director of Texas LULAC based upon the removal of the previous State Director, Joe Cardenas, Ill, on October 2,2011 by the LULAC National Board. This action in the removal of Joe Cardenas, 1II (hereinafter "Mr. Cardenas")

was based upon a complaint filed by Baldomero Garza, National VP of the Southwest. Upon the removal of Mr. Cardenas, I as Deputy State Director, assumed the position of State Director pursuant to Article IX Section 8b(2) which is the line of succession as stated within the Constitution. 9. I was to carry out the duties and responsibilities of the Texas State Director during

the remaining term of

Mr. Cardenas. After receiving the appointment as Texas State Director, I

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decided to run for election of Texas State Director, which is a term of twelve (12) months, at the June 7th_10th, 2012 LULAC State Convention. As stated above, it is a huge event. This

conventation was being held at the Embassy Suites Convention Center in San Marcos, Hays County, Texas. The election was to elect the following positions for Texas LULAC:
A. B.

State Director; Deputy State Director; Deputy State Director for Women;

C.
D.

Deputy State Director for Youth;

Deputy State Director for Young Adults; Deputy State Director for the Elderly; and State Treasurer. The State Assembly would also vote on where to have the 2015 State Convention

E. F.
O. 10. as well.
11.

I campaigned by sending out flyers and preparing brochures which were to be

mailed to every LULAC Council President in the State of Texas and handed them out at the State Convention. Also, I traveled throughout the State raising funds and soliciting endorsements for It was a very time consuming process and I spent thousands of I received several endorsements from

the office of State Director.

dollars out of my own pocket to finance my campaign.

high ranking officials within LULAC and other elected officials in the State of Texas. 12. I had an opposing candidate for State Director, Elia Mendoza. National LULAC

has sought to have/the power consolidated within Texas and this was to be done through Elia Mendoza. National LULAC is a very powerful and resourceful organization however, their

power is derived from Texas LULAC because Texas LULAC has more members than all the other states combined and generates enormous amounts of money for National and Texas LULAC. National LULAC became involved in the Texas LULAC election based upon these issues and wanting to control the resources of Texas LULAC and use them for National LULAC. 13. National LULAC asserted their influence on the elections by sending an election which is the co-parliamentarian for National LULAC. The

monitor Carlos Caballero,

Constitution does not provide for an election monitor. Mr. Caballero was not a registered guest, member, delegate or alternate and would not be able to speak at the election. The Election Judge is not required to recognize anyone that is not wearing a delegate badge. Also Luis R. Vera, Jr.,
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General Counsel for National was present along with the Executive Director of National Brent Wilkes. Mr. Wilkes was taking the count as the votes were taken and was supposed to be the official monitor. National LULAC made it very clear that their candidate was Elia Mendoza and National LULAC wanted to use all efforts to have her elected as the Texas State Director. 14. There were 625 credentialed delegates and over 800 members and guests

attending the State convention.

The State of Texas is made up of 18 Districts which contain

local councils. There are approximately 259 local councils in Texas and each council is able to ,. elect delegates to vote at the State Convention which is determined by the number of members in that particular Local Council. 15. Either candidate for State Director can appoint two counters to count the votes

which were being done row by row count. This process was adopted and approved by the State Assembly and was followed by the Election Judge, past National President of National LULAC, Hector Flores. The official counters for the election were Al Maldonado and Rene Martinez. Each candidate was able to have two counters. My two counters were Linda Alfaro and

Alejandro Huerta to count the votes and Ms. Mendoza appointed her two counters which were Lydia Martinez and Celia Benitez Kiger. 16. The final announcement of the total of votes was 309 to 288 and I won the

election. The counting of the votes was not challenged by Ms. Mendoza, except she requested a council by council vote but this was not allowed pursuant to the Rules of the convention and adopted by the State Assembly 17.

I.

Mr. Flores announced that I was the winner of the election.

. The

After my election the State Assembly voted on the Deputy State Director.

successful candidate for the Deputy State Director was Beatrice Martinez by an overwhelming margin on the stand up vote. The next election was for State Treasurer. The successful

candidate was Mary Ramos and she had no opposition.

The successful candidate for Deputy

State Director for the Elderly and was Lourdes Galvan and she had no opposition. The next state officer elected was Deputy Director for Women which was Mary Lou Canales and elected .by overwhelming stand up vote of the assembly. Deputy State Director for Young Adults was

elected which was Christina Garcia with no opposition. Deputy State Director for Youth elected was Peter Anzaldua by overwhelming stand up vote.

I See

Exhibit "A", 2012 Texas LULAC State Convention Rules, which is hereby incorporated as set forth herein. Page 40/9

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18.

I arrived back in Austin, Texas after my successful election and five days later, I

received an e-mail from Luis R. Vera, Jr., National LULAC General Counsel and it contained a challenge to the Election by Elia Mendoza. The challenge by Elia Mendoza was e-mailed to all

the National board members and the e-mail stated the challenge was to be heard by the National Board on June 29, 2012 which was to be immediately after the National Convention that was being held in Orlando, Florida. 19. Lui~;IR. Vera, Jr. solicited and received challenges from the other candidates for

the Deputy State Director, Director of Youth, Deputy Director for the Elderly, and State Treasurer. These were also to be heard by the National Board. 20. There was a Texas State Board meeting held via telephone conference on June 21,

2012 and the board voted to take all action necessary, including litigation, to contest the challenge made by Luis R. Vera, Jr. There were concerns expressed regarding the ability of the National Board to hear a challenge of the election. A vote of confidence on our election was also taken during this conference call and passed. Because I and Beatrice Martinez were told by the National President, Margaret Moran, if there was to be any rumors or allegations regarding Texas LULAC they would not be true unless it came from her. I had received the challenge from Luis R. Vera, Jr. not Ms. Moran so I did not consider the challenge to be accepted by Ms. Moran. 21. On June 25, 2012 I received a phone call from Ms. Moran and she told me she

had accepted the ctallenge and it would be heard by the National Board.

I informed her that J

would provide a response/ to the challenge and would attend the hearing before the National Board. 22. Prior to sending my response to Ms. Moran, I prepared a letter and sent it to Ms. The National Assembly is the

Moran requesting the National Assembly to hear the challenge.'

supreme authority of LULAC and was the next body to convene a meeting." Isent the request to Ms. Moran but she did not respond and the challenge was never presented to the National
See Exhibit "B", correspondence dated June 29,2012 directed to Ms. Margaret Moran, LULAC National President from Linda Chavez as Texas LULAC State Director, which is incorporated as set forth herein. 3 See Exhibit "C", correspondence dated June 28, 2012 directed to Ms. Margaret Moran, LULAC National President and LULAC National Board of Directors fro~ Linda Chavez, which is incorporated as set forth herein. 4 See Article VI, Section Ib. Organization Structure, "Powers: As supreme authority of the League the National Assembly is hereby vested with all legislative, judicial and executive powers set forth in this Constitution and Bylaws and all adopted resolutions."
2

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Assembly.

I prepared my response and submitted it to the National Board for consideration.

Within my response, I objected to the National Board to be able to hear the challenge because it was never presented before Texas LULAC or the General Assembly at the National Convention. I further objected because there is not a process to challenge an election in the Constitution and if there is to be a challenge, it first should have been first submitted to the Election Judge at the Convention pursu89t to the elections rules adopted by the General Assembly. Not only was the

challenge not submitted to the Election Judge the challenge has never been submitted to Texas LULAC. I never waived these objections and made sure they were on the record before the

National Board. 23. The National Board meeting was convened on June 30th, 2012 and was Prior to the challenge

approximately 2 hours after the conclusion of the National Convention.

being presented, Manual Escobar, Legal Adviser to National LULAC, stated the challenge was going to be presented in closed session because there had been threats by me and Robert W. Wilson for litigation. I at no time made this threat. The State Board had given the authorization for litigation if necessary but I have never threatened, nor did I request Robert W. Wilson, Legal Advisor to Texas State LULAC, litigation. The Board convened in Executive Session and made The attorney for Texas LULAC was

everyone else to leave the meeting except the challenger.

able to remain and represent me as the Texas State Director. During the executive session, there were motions and ~tion taken regarding the Challenge while J was present. The board actually voted on items in executive session. 24. The challenge of Ms. Mendoza was presented by Luis R. Vera, Jr., General

Counsel for National to the National Board. Prior to Mr. Vera's presentation, I objected as to his representation of Elia Mendoza because he was National General Counsel. Ms. Moran stated

that Mr. Vera had recused himself from his role as General Counsel and therefore could represent Ms. Mendoza. I was not only concerned about Mr. Vera's representation because of I

his standing as General Counsel but he was also a witness in the challenge of Ms. Mendoza. objected on both of these grounds and they were overruled. 25. After Mr. Vera's presentation, I was allowed to respond.

I responded and then

allowed Texas Legal Advisor to complete my response on my behalf. During my presentation, I once again objected that the National Board did not have the authority to hear this challenge. Page 60/9

(Page 16

of

30)

Even though the Board does not have the authority to hear the challenge in abundance of caution, I responded to each allegation made by Ms. Mendoza. 26. After my response(s) Ms. Mendoza's rebuttal by Mr. Vera, the National Board

removed, me, Ms. Mendoza, and Mr. Vera from Executive Session. The executive session lasted about 2 hours. The National Board never allowed the other officers which were challenged the
1\

opportunity to be heard by the National Board.

The board opened the doors and allowed

everyone to enter to hear the action taken. Mr. Manual Escobar, National Legal Advisor, read the action which was taken by the National Board in executive session. following:

Mr. Escobar stated the

the offices of State Director, Deputy State Director, Deputy State Director for Youth

and Deputy State Director for the Elderly were overturned by the vote taken by the National Board. The remaining officers elected will remain in their positions which include State Further, he stated

Treasurer, Deputy for Women, and Deputy for Young Adults would remain.

the National President Moran would be in charge in the State of Texas for the next thirty days and would appoint a committee of three professional individuals not from Texas, not from Puerto Rico and not LULAC members to select the next State Director, Deputy State Director, Deputy State Director for Youth and Deputy State Director for the Elderly. All individuals whom

elections was overturned and any member in good standing may submit their resume to this committee and the committee will select the best qualified candidate for the four positions.
,:~

27.

Mr. 'Escobar also stated Baldomero Garza, National VP for the Southwest will

inform everyone of the process that will be used in the selection of the officers for Texas LULAC. Further, Roger Rocha, National Treasurer for the Board would sign on the Texas

LULAC accounts as well as the State Treasurer. 28. There was no action taken in open session. The National Board did not allow a

response and convened the meeting. has not taken the oath to take office. 29.

Margret Moran was never sworn in as a State officer and

The action taken by the National Board is not aJlowed by the Constitution,
S

Bylaws. Protocol, or Custom. election challenge.

J objected to the ability of the National Board to hear the

But the National Board chose to overrule my objection and has attempted to

5 See Article VI, Section 2c( I), "Limitations: The National Board of Directors is not empowered: (I) To amend or waive the Constitution and Bylaws or any resolution, policy or custom adopted.or established by the National Assembly.

Page 70/9

(Page 19

of

30)

overturn the election of the Texas LULAC wherein hundreds of individuals voted.

These

members of Texas LULAC not only voted but some traveled hundreds of miles to vote. This action has taken the vote away from all those Texas LULAC members that elected me and the other officers of Texas LULAC. National attempted to classify this action as an appeal from Ms. Mendoza but it was-stated to be a challenge to the election which was held in San Marcos, Texas and the constitution does not allow for this type of challenge.

If it was an appeal, what was she

appealing? Further, the Constitution does not allow the appointment of three person committee to select officers for Texas LULAC. Also they only chose to void the elections of certain

officers and not all. The National Board voided four of the elected officers allowing this three member committee to appoint the four members of a seven member board. Where is the It is not

National Board deriving their power? The action taken was arbitrary and capricious. contained with the Constitution and therefore this action should be set aside. 30.

The elected officers of Texas LULAC need to continue to operate the business at

hand in the State of Texas by conducting meetings and attending events throughout the State of Texas. They are not able to continue this business because of the action taken by the National Board. Board.6 31. The attempted action by the National Board has damaged me, all the other elected Further, the President and National Treasurer are attempting to take over the bank

accounts and financial accounts of Texas LULAC with the action that was taken by the National

officers of Texas LULAC, and all the members of Texas LULAC. Further this action damaged
Mr. Cardenas because my election was overturned and therefore Mr. Cardenas is no longer the

immediate past State Director and not entitled to sit on the State Executive Board. This action taken by the National Board shall be voided and nullified. I have exhausted all my remedies and do not have an adequate remedy at law given the fact that my term of office, and all the other candidates, is only 12 months. elected officers, is irreparable. 32. The elected officers of Texas LULAC need to continue to operate the business at The harm to me is imminent and the injury to me, and the other

hand in the State of Texas by conducting meetings and attending events throughout the State of Texas. They are not able to continue this business because of the action taken by the National
6

See Exhibit "0", correspondence incorporated as set fortit herein.

from Manuel E. Escobar, Jr., dated July 5, 2_012 to Capital One Bank which is

Page 8 of9

(Page 20

of

30)

Board.

Further, the National Board is attempting to take over the bank accounts and financial

accounts of Texas LULAC with the action that was taken by the National Board.

33.

The attempted action by the National Board has damaged me, all the other elected
~\

officers of Texas LULAC, and all the members of Texas LULAC. Further, this action damaged Mr. Cardenas because my election was overturned and therefore Mr. Cardenas is no longer the immediate past State Director and not entitled to sit on the State Executive Board. This action taken by the National Board shall be voided and nullified. Ihave exhausted all my remedies and do not have

an, adequate remedy at Jaw given the fact that my term of office, and all the other
The mar to me is imminent and the injury to me, and the other

candidates, is 'only 12 months. elected officers, is irreparable.

Further, Affiant saith not.

~~~ ORINDA CRA VEZ, Affiant F

SUBSCRIBED and SWORN TO BEFORE

ME, the undersigned authority, on this the

11th day of July, 2012.

\).l'('~

b0i. 6~
TEXA~ CL ~d~a.O\~

NOTARY PUBLIC, ST~TE Commission Expires:

0'

Page 90/9

(Page 21

of

30)

(Page 22

of

30)

(Page 23

of

30)

,
League o[ United Latin American Citizens
TXSTATB DIRECTOR SrEClALADVlSOR """. Gord. CIIJE, OF STAP' YobDd. ,.dnn
Lh.d.ana

June 29, 2012

,.rIIl_.lorIo.,
AlMlld<I_ : CIVIL RICIfTli CHAIR H..,,,.Radrll" EDUCA110HCBAIR V.I_V ....... CORPORATE CHAIR lobArdIoI .. . LEGAl. A.DVlSOR RIIIorrI WI" ... HOPItCIIoIt
H_fl_

President Margaret Moran LULAC National-Office 4100 East Piedras Drive, Suite 140 San Antonio, Texas 18228 Dear Ms. Moran, I received a document from Luis Vera, with several attachments, which, stated Elia Mendoza was contesting my election as Texas State Director and submitted this challenge to you. Based upon our conversation you, as National President, have accepted the challenge and will be considered by the National Board of Directors that is meeting after the National Assembly which is being held in Orlando, Florida onJune 30, 2012. I am providing this as my response to Ms. Mendoza's challenge along with the attachments. My response is as follows: 1. Objections: A. The Constitution, Bylaws and Protocol do not allow a challenge to a state election to be heard by the National Board of . Directors. I hereby object to any hearing proceeding to the National Assembly or National Board. Further and in the alternative, if allowed to file a challenge to the Texas State Election Ms. Mendoza has failed to submit her challenge to the State Elections Judge and bas failed to exhaust her administrative remedies prior to filing her challenge to the National Board of Directors B. Also, in the alternative, and only if Ms. Mendoza is allowed to file her challenge it would be required to be heard by the National Assembly which is the next highest authority to . convene. Because of her failure to file her challenge before the National Assembly Iobject to this challenge being heard by the National Board; C. I hereby object to the following evidence submitted by Ms. Mendoza: a) Statements made within Ms. Mendoza's challenge which are attributed to Mr. Luis Vera. Within the Challenge made by Ms. Mendoza she states a check, which was written by Ms. Angela Garcia and paid at the Texas LULAC convention, was presented for payment at the Jefferson Bank (Ms. 'Garcia's bank) by Mr. Luis Vera. Mr. Vera is the National General Counsel and should not be handling States money especially money paid

.VI STAn orncus

Beltrie. AIbI Mll'llaa Deputy SlIfeDi~ot

V h Sur. DiIo<Iot Ctl ..I.,.C ..... DqJuty ro, YOUll8"""III ..... C."Ulo DcpuIy rOt Youtb M.". to. c...... Depuly for WOIllOll Lo"",,,Col,.n Deputy (or Elderly ~

5,. C_
TItUUI'I!r

M.,R._

EXHIBIT "B"

000003

(Page 24

of

30)

PresidentMargaret Moran June 29,2012 Page 2 of5

at the State Convention. This is highly questionably and unethical for Mr. Vera to be cashipe a check which was meant for LULAC State District 15 and not Luis Vera. I hereby object to any statements or evidence submitted in regards to the payment made by Ms. Garcia. I will be addressing each challenge individually as presented by Ms. Mendoza and they are as a folJows:~ 2. 13 Councils from District 15 not in good standing (identified as #1 cballenge in Ms. Mendoza cbaUenge):

A.

As in the past and as precedent Councils have been allowed to pay dues at the , State Convention the weekend of and be allowed to vote. This challenge based i upon the failure to pay dues is unfounded and the votes should be allowed based .' upon previous precedent and the allowance of councils to pay dues at the time of convention. I

3.

Challenges not accepted, dues in Arrears and not chartered 30 days prior to convention (identified as #1., #3 challenge in Ms. Mendoza's challenge); A. As stated by the Election Judge Hector Flores all challenges had to be brought to the attention of the credentials committee, The challenge which was made was to the delegates to District 17 and the challenge was upheld. The credentials reports was adopted by assembly and the election was held with me as the winner of. the elections and as approved by the credentials committee and the State Assembly which is the highest echelon in the State LULAC hierarchy, and is vested with all l\:gislative, judicial and executive powers granted under its constitution and J!i'ylaws.2 Ms. Mendoza failed to file her challenge to the Credentials Committee and failed to present this challenge to the Texas State Assembly and should not now be allowed to challenge the Texas Election and the undermine the democratic process which has been used and followed by the State Assembly for years. 3

n I See Exhibit "A affidavit of Mary L. dated June 23, 2012; See Exhibit "B" affidavit ofEliezar P. Vecchio, Sr. See Exhibit "C' affidavit of Consuela RamosKaiwi dated June 25, 2012; See Exhibit "D" affidavit of Hector Flores; See Exfnbit "E". Affidavit of Angela Garcia; See Elllhibit "U", League of United Latin American Citizens, Texas LULAC Treasure Memo dated July'23, 2003 to Caroline Munoz of National LULAC Membership Office.

Ramos

2 See Article VI Section 4(b} of the Constitution . ) See Exhibit "A", affidavit of Mary L. Ramos dated June 23, 2012; See Exhibit ''B'', affidavit ofEliezar P. Vecchio, Sr. See Exhibit "C", affidavit ofConsuelo RamosKaiwj dated June 25, 2012; See Bxhibit ''0'', affidavit of Hector Flores; See Exhibit "E", affidavit of Angela Garcia .

EXHIBIT "8"

000004

(Page 25

of

30)

PresidentMargaretMoran
Iune 29, 2012

Page 3 of5 B. The attached check from Ernest and Yolanda Pedraza clearly was paid and deposited by National LULAC for Council 4926. This clearly identifies payment received and accepted by National for Council 4926. 4 . Ms. Mendoza identifies Mr. Carlos Caballero as a "Monitor", The Constitution d~s not mention the word "Monitor" so therefore Mr. Caballero did not have authority to speak much less call t'points of order". S

C.

4.

Payment made by Angie Garda and insufficient funds in bank account (identified as #4'and #5 challenge in Ms. Mendoza's challenge):

A.,

Attached is the Check was written by Angela Garcia for District Dues, It is dated June 6, 2012 which is a Wednesday. As attested to in Ms. Mendoza's challenge the check was presented at the Jefferson Bank on June 11,2012 by Luis Vera." Further, Ms. Angela Garcia never approved nor provided the enclosed check to Luis Vera," Also, I have attached the bank statement or Ms. Angela Garcia which clearly shows that on June 11, 2012, Ms. Garcia had sufficient funds for this check to clear her account. 8
not allowed to vote (identified as #6 challenge in Ms.

So

District 17 Delegates Mendozats challenge):

A. A cballenge was submitted to the Credentials Committee regarding Council 4733, Council 4734, Council 4750, Council 4971, Council 4735A, and Council 4208 by the Vice President of Council 4746, Frances Fischer. 9 There were allegations made abo~ the payments of State Dues using District Funds. There was no dispute that a bank had frozen bank accounts and allegations of fraud and investigations into the use of funds and money by District 17. Further, there was no approval from District 17 to pay State Dues by District 17.10 A ruling was made by the Legal Advisor disallowing

See Exhibit."F", Ernest and Yolanda Pedraza check dated April 28, 2012 Exhibit'''O'', affidavit of Hector Flores ~ Luis Vera, National Legal Advisor, presented a check which was submitted by Ms. Angie Garcia at the Texas LULAC State Convention. This raises a question on how this actual presentment was made by the National General Counsel when the check was presented at the Texas LULAC convention and made payable to the LULAC State District 15. I do not waive my objection to these statements or evidence 7 See Exhibit "E", affidavit of Angela Garcia. 8 See Exhibit "E", affidavit of Angela Garcia
4

S See

~ 7See Exhibit "G", e-mail communication dated June 8, 2012 from Frances Fischer to Linda Chavez.
10 See Exhibit "HOI, affidavit of Sylvia Ann'Gomez, See Exhibit "!", affidavit of Gilbert Mojica, Sr.; See Exhibit "J", affidavit of Manuel A, Arsiaga; See Exhibit "K", affidavit Amy O. Ruiz; See Exhibit "L", Email dated June 21, 2012 from Alice Rodriguez. .

EXHIBIT"B"

000005

(Page 26

of

30)

PresidentMargaretMoran

June 29, 2012

Page 4 ofS these delegates from voting. II This decision by the Legal Advisor had to be overruled by 2/3rd's vote. The Elections Judge informed the Assembly of the Legal Advisor's opinion. The Election Judge put the vote to the Assembly and the vote to overrule the opinion did not pass.
@

B. Also, as stated within the Constitution it allows for LULAC Councils that are organized within 30 days of the State Convention or cbartered to vote. As shown by the attached Exhibits they were organized at least by May 2,2012 and May 10,2012 which is 30 days before the State Convention and are allowed to vote pursuant to the Constitution. 12

6.

Voting by Row at the Texas LULAC Election (identified as #7 challenge in Ms, Mendoza's challenge) .
A. A challenge was made that the Election Judge, Hector Flores, refused to do a roll by roll by council vote. The Rules of the Convention, duly adopted by the Assembly, did not allow for a roll by roll by council vote. Each candidate had their own counters.and the votes where counted a tabulated. The tabulation, done by National Executive Director, Brent Wilkes, resulted in I, Linda Chavez, obtaining a majority vote at which time Mr. Hector Flores announced the winner. Ms. Mendoza did not challenge the Election Judge's voting results.

'7. .

There were allegations as to both candidates and irregularities identified as #8 challenge in Ms. Mendoza's challenge)
@

A.

As stated and as the evidence submitted there are allegations of irregularities with the election which was held. As noted in the attached affidavits there were concerns with Ms. Mendoza and her conduct throughout the election as well. , Dues not being paid and rosters incomplete." The allegations as to Ms. Angela Garcia are further attempts by my opponent to attempt to overturn a fair election. She is disgruntled and attempting through the National General Counsel to overturn a State Election by the National Board.

II See Exhibit "0", affidavit of Hector Flores . n See Exhibit "M', Memorandums from the National office dated May 2. 2012 and Memorandum dated May 10, 2012. 11 See Exhibit "N", affidavit ofCyntbia Imelda Valadez-Mate, Jr.; See Exhibit ''0'', records of payments for #Council 47S3 with attached money order and no identifying information on the money order, See Exhibit "P" payment from LULAC Council #282 and only identified payment of LULAC District 1S and no payments of State dues; See Exhibit ''0'', Membership Roster for LULAC Council 4681 and no proof of payment of State dues; See Exhibit "R", Membership Roster for Council #4406 and no proof of payment of State dues; See Exhibit "S" Membersbip Roster for Council 4662 and DO proofofpaymenl of State dues; See Exhibit "T", Mernhersbip Roster for Council 481 J and check is dated March 28, 2010.

EXHIBIT"B"

000006

(page 27

of

30)

PresidentMargaretMoran June 29, 2012

Page 5 of 5 ~ CONCLUSION

As stated above and shown by the attached Exhibits I believe it is clear I won the Election for Texas State Director. As noted in the beginning of my response the Constitution is silent as to the ability of one to challenge a State Election. I believe if you are to contest an election on~ must begin their challenge at the State Level and follow the process, Ms. Mendoza has decided to file her challenge at the National Level and allow National LULAC to involve -,themselves in State issues. Ms. Mendoza should have first sought relief at the State Level and because of her failure to follow this process the challenge should fail. But even if heard the challenge shall be denied based upon the evidence which Ihave submitted for consideration. If you have any further questions, please contactme at your convenience. Thank you for time and consideration in this matter. Iremain, Sincerely,
.tfMf4,~

Linda Chavez Texas LULAC State Director

:s VIA' E-Mail Transmission: mmoran@lulac.org { "

EXHIBIT "B"

000007

(Page 28

of

30)

-I

=r=t::': ......

__

..

_._------

,
TXSTATEDIRlcroR
UodaClllnu SPEOAL ADVISOR AapGllftlo

League of United Latin American Citizens . Texas LULAC

June 28, 2012 (Via E-Mail Transmission & First Class Mai to National President)

clilIr OP STAJ1F
'ortlamonl.rIa.
AlMlldo .. do

, ""........ ...

CIVa.IUCHlS CHAIR H."'7 Rodriauu EDUCATION CHAIR Vd .... YbI ... COR.ORATE ClfAIR lab Arebaloo LIGA1. ADYlSOR 1Iobo .. WDIOlI
HOPlCblr

11_"TXSTATEomCERS
r

Ms. MJgaret And LULAC 4100 Piedras San Antonio, RE:

,
!'

Moran, LULAC National President National Board of Directors Drive East, Suite 140 Texas 78228

8atrb AIlII M.... DqIuty SIat& Dinctvr MlryR41Ill ..

IIf.

r..........

Texas LULAC G, W & S File No. 2530 CHALLENGES BY ELlA MENDOZA

S' .... Corcla YOUIb ScaI. OIm:tor Deputy rOTv ..... Adullf LuI,e..DIG Oqluty for Youlb 1111"Lou Canol" 00pJIy for Women Lourd .. CoI.u DepUly fbr Eldetly

eNd. Gum

Dear Madam President Margaret Moran and National Board of Directos,

I received a copy of a challenge to the June 10,2012 elections held at the Texas State Convention. The challenge is from EUa Mendoza. Past State Treasurer and who was a candidate against me for State Director. In my official capacity as State Director, I hereby request the challenge, previously sent to you by Luis Vera, the National General Council and attached herein, be presented as an agenda item for discussion and action by the National Assembly of the June 30, 2012 LULAC National Convention. This request is done pursuant to Article II, Section 5, Subsection C, of the LULAC Constitution (Page 67).
~

In addition, this request to the National Assembly, and not the National Board of Directors, is done pursuant to Article VI, Section 1 (Pages 9-1 O) that stipulates the "National Assembly is the supreme authority of the league .v." and whereas Section 2, Subsection b, of the 'same article (Page 10-11) states ..... the National Board of Directors shall execute the mandates of the National Assembly and administer the League in the interim between National Conventions ... ". Therefore, since the National Assembly is the next highest authority scheduled to convene, this body has the. right to hear the challenge. Should you have any questions or wish to discuss this matter you please do not hesitate to contact me. Sincerely,

.LUt4a~
LINDA CHAVEZ

5400 Jeftbum Cove Austin, Texas 78745- (512) 441-8786' E-mail: florindachBve2@sbcglobal.net. http://www.txluIBc.org

EXHIBIT"C"

000008

(Page 29

of

30)

MANUL

G.

ESCOBAR JR.
.AT L ....

""T~'''U:.'' ~o, Wc:u

"0_
78Z I 4!.
!:"D.f

S" .. A"'TON'O. "Tc~,

TIl ''',,'''''.
t.j,;.!1 III~C'~

.... C.'to",

July 5, 2()J;:

Jj.6.t:I.r~DE1... lYtB..t
Cltpitl'l) One- Bank.

,~
Loop homage Road

5706 Nllrlhw~t tnkrstaLc410 Sail Antonia, IX 78238 RE: Texas LtJLAC

Account Numbers:
Dear Capital One Bank:

3620878765 (Checking Account) and 3331.132368. (Money Market

Account)

Please be advised that in .my rotc as Natiulla1 1 ..cgal Advisor to the League of United Latin American Ci~izenll (T.UJ.AC), 1 have been directed to illm,uct C;ajlitaJ One Book there has been a change in the signators audiorized 10 ~gn en the above referenced aeeoums, LLTLAC's unci~r~lt\."lding tJuallhesc: accounts are mnintoiued 4f your bIu\k by 'I exas I.UL/\C, Ilnd that the is account bearing Num~c 3610878765 is iii ehccking eeconm and. [hat 1t\:: lICCQWll hearing Number 3332132368 is a money market account, You are hereby instructed that the authori7.eci sig,nators on that aCCOIJDt RI~ I)OW; Ms. Margaret M(lrao, Natlonal l.lH..AC President: and Mr. Rogor '~Oth;L, Naciorial. r.ULAC .Treasurer, No other indi"iduals are aurborizcd tv sign (10 t.hc:sc~ r1t'~;Ol)ntsuntil funhet notice, As of this dale. no
wirhdrawls fi'~fn these accounts should be permiued. TIle accuwltS arc to be frozen, except that you are aulhl)rizt:rl -0 pay l}n, following outstanding cheeks from the Checking Account: 117, 118. J i9, J 20, 121, 122 2.1);1 1;'5. If those checks have nOt been paid and are presented for pa)'tIWII, those checks tire lr. he paid. Shmrld if become nece);~nry co transfer funds from (be Money Marker Accoum in order 10 pay checks which are presented for payment, you are inSlrUl:red t(J Cllllttlct :vir. R,.x:ha at 95b-'186J:U 1. It j, anricif'Ullcd thaI ),11. Ro(:ha wHl 3.lIthorize l.TaosfcTl\necessary to pAy ch(cks whit;h inay be presented for payment from the Checki.og

Accounl You are further instructed not

t{l

honor any checks bcgi.Dling with 126 and above.

with Lhf.!x':a.cccwm>, tbo3e

In addition. if there .are any debitierediL cards tb2.t are associated debit,'crcdit card.~ :;hould be immediately canceled. 1'0 online debiVcrcdit curd.~W"e to be pCnniL(ed.

payme.nt.5 to and from the

Pleast: advise of ilny "forms or Qlhcr documents which' m'JST be C:Xt:c;uted by Ms, MOl"iIU ana/or Mr. Roc:bJlW accomplish the above. You may send those f()rm~ or p,ovidc. instructions' at my
t

,I'J"lIr'.cnpi:al OIIt ":101I;)~'Il( I

j>~.

';1

EXHIBIT "0"

000009

(Page 30

of

30)
<::

._-_'--._---_._-

Adrlre.~$ On.taJ'(Ive. r.n addition, should JOIl have any questions, you may contact Mr. Rocha set
:rt

9Xt286-1J33 or Uly:;c:lf.
!~
I:Y~t)'

Thank you for your

eourtesy, Sinccreiy,

:ntge

cc:

Honorab~ Margaret MorRO,National LULAC President

Mr. R~r"Rocba, National LULAC l'rc'd~ll11~r 1\1:,;. Linda Chavez, Immediate pw;t.Texas l.ULAC State Director Ms. Mary Ramoa, Texas LULAC Slate Treasurer Ms. clia J'.1endon" pliSl T~x.as LlJLAC State Treasurer

!~
... r ~e ~

c:\I""~

"'lie. 1 p

2-

EXHIBIT "0"

000010