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NM LULAC Respectfully recognizes the New National LULAC Officers and Believes that the action taken by the Assembly was lawful, justifiable and pursuant within the National LULAC Constitution and By-laws. NM LULAC recognizes and acknowledges that the TRO was issued on LULAC, Ms. Margaret Moran, Immediate Past National President and Ms. Manuel Escobar, former National Legal Advisor. The Temporary Restraining Order (TRO)
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KV-Letter to Brent Wilkes- Support for New National Officers
NM LULAC Respectfully recognizes the New National LULAC Officers and Believes that the action taken by the Assembly was lawful, justifiable and pursuant within the National LULAC Constitution and By-laws. NM LULAC recognizes and acknowledges that the TRO was issued on LULAC, Ms. Margaret Moran, Immediate Past National President and Ms. Manuel Escobar, former National Legal Advisor. The Temporary Restraining Order (TRO)
NM LULAC Respectfully recognizes the New National LULAC Officers and Believes that the action taken by the Assembly was lawful, justifiable and pursuant within the National LULAC Constitution and By-laws. NM LULAC recognizes and acknowledges that the TRO was issued on LULAC, Ms. Margaret Moran, Immediate Past National President and Ms. Manuel Escobar, former National Legal Advisor. The Temporary Restraining Order (TRO)
New Mexico League of United Latin American Citizens
STATE OFFICE P.O. Box 1324 Las Cruces, NM 88004 (575) 312-1068 Enrique Kiki Vigil Ralph D. Arellanes, Sr. NM State Director Immediate Past State Director
Jessica Inz Martinez Deputy State Director
July 15, 2014
Mr. Brent Wilkes, Executive Director LULAC National Office 1133 19th Street, NW, Suite 1000 Washington, DC 20036
Re: NM LULAC Respectfully Recognizes the New National LULAC Officers and Believes that the Action of the Assembly was J ustifiable and Pursuant to the National LULAC Constitution and By-laws
Dear Mr. Wilkes:
As the duly elected New Mexico State Director of the League of United Latin American Citizens, I hereby issue this letter concerning the above referenced matter. The NM Delegation recently returned from New York City, NY and I instructed Past State Director, Paul Pablo A. Martinez to draft a resolution in support of the newly elected administration and present this to our NM Board of Directors.
Elections were held July 12, 2014 in New York. I ask that you officially recognize my position and issue a press release from the LULAC office as an official communication. Furthermore I authorize to assume control of LNO and LNI including any other related issues, until our official meeting to be held on August 7 th and 8th.
NM LULAC recognizes and acknowledges that the action taken by the Assembly was lawful, justifiable and pursuant within the National LULAC Constitution and By-laws as follows:
1. The Temporary Restraining Order (TRO) was issued on LULAC, Ms. Margaret Moran, Immediate Past National President and Ms. Manuel Escobar, former National Legal Advisor. This TRO was an ex parte order and requires parties to meet before the Honorable John A. Barone in the New York Supreme Court, Bronx County on July 21, 2014, at 9:30 am. This TRO compelled the Respondents from taking action on Rules 12 and 21, which usurps the power of 2
the National Assembly. This order also provides the enforcement of a fine in the event of any breach of duty or failure to comply.
2. Mr. Eduardo LaGuerre, NY State Director felt compelled to take this action and did so in good faith and in the interest of the National LULAC Assembly, the supreme power of the League. This order did not provide Ms. Moran or any of her legal team the expressed or implied powers to suspend the National Elections. The actions of Mr. Luis Vera were arbitrary and capricious. These actions were done so without the consent of the National Board of Directors, nor the wishes of the National Assembly. The National Assembly being the proper authority, since this was a National Convention and should have been provided that decision and prerogative not on the sole authority of the Elections Judge nor the National President. They are not within any powers or authority within the LULAC Constitution to have made such a decision.
The majority of the membership that desired to exercise their constitutional rights was unequivocally within their powers to remain. Pursuant to Article VI, Section I, subsection d. under Quorum, at page 11 online, that:
"The certified delegates from one third (1/3) of the active councils at the time of an annual convention or a special-called session of the National Assembly shall constitute a quorum without reference of District, State or National Officers who have a vote in sessions."
We observed based on the preliminary Credentials Report of over 1600 delegates that over 800 were present. This is half and over the 1/3 requirement.
3. Pursuant to Article VIII, Section 6- Tenure of Elected Office-subsection e. at page 34, online:
Should the office of National President become vacant at any time for whatever reason, a new National President will be elected by a majority vote of the National Executive Committee from among the National Vice Presidents.
Also in Section 9- Duties and Responsibilities of National Officers- subsections c. National Vice Presidents online at page 38:
(1):To assume, according to the order of succession established in the bylaws, the office of National President and all duties, responsibilities and powers pertaining thereto in the event of the resignation, death or removal of the duly elected officer; (Please see #7 below.)
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(4) To preside at sessions of the National Assembly and the National Board of Directors or National Executive Committee meetings when requested by or in the temporary absence of the National President;
(7): The offices of the National Vice President shall be designated as National Vice President without rank. In case of the resignation, death or removal of the duly elected National President, one of the National Vice Presidents shall assume the office of the National President upon election by majority vote of the National Executive Committee called to session for this purpose.
Pursuant to Article VI- Organizational Structure, Section 3- National Executive Committee, subsection e. quorum, at page 16 online:
One-half (1/2) of the voting Members of the Executive Committee shall constitute a quorum. To assure a quorum, the National President shall request that members indicate within two weeks or less of receiving the notice of meeting whether or not they will be in attendance. Failure to receive favorable notice from the necessary majority shall indicate postponement of the meeting to a later date. All procedures set for calling these meetings shall be followed in the case of a postponed meeting. Any action of the National Executive Committee taken without a quorum shall be invalid. National Executive Committee members may send representatives but their presence cannot be used to establish a quorum nor will they be allowed to vote. Voting by proxy is prohibited.
There are 13 positions in the National Executive Committee. One of these Vice Presidents positions is vacant, which is the V.P. for the Northwest. This position has been vacant for several years due to the lack of certified states required to fill that position. Therefore, half of the 12 is 6, which is required to constitute a quorum of the National Executive Committee. Present were: 1. Baldo Garza, SW VP; 2. Carlos Elizardi, SE VP; 3. Ralina Cardona, NE VP; 4. Elsie Valdez Lizardi, VP for Women; 5. Maggie Rivera, National Treasurer; 6. Roman Rodriguez, National Youth President. Mr. Manuel Rendon, National VP for Young Adults did return during the calling of quorum, which is 7, but left soon thereafter. Also present were several past national presidents: Ed Pena (1978-79), Belen Robles (1994-98); Rick Dovalina (1998-2002); and Hector Flores (2002- 2006). The National Executive Committee in the presence of the National Assembly did elect Mr. Baldo Garza, National Vice President for the Southwest to fill in for the vacancy in the absence of the National President. The National President was derelict of her duty and left the convention without leaving anyone 4
in charge. Mr. Garza then appointed Ms. Belen Robles, Past National President to preside over the elections.
4. The National Assembly did certify the delegation based on the Credential Report. The Rules Committee Report was approved and adopted with exception to Rules 12 and 21 that were omitted in order to be in compliance with the TRO.
Based on these facts and mitigating circumstances as witnessed by hundred of delegates and in the presence of several legal experts, many of them being former state and federal judges, the actions taken by the National Executive Committee and the National Assembly was handled properly. This process and procedure was filmed and will provide a preponderance of evidence that the Assembly and those that conducted the elections acted in good faith and in the best interest of the League.
As mentioned above, a Resolution in support of the newly elected national officers is forthcoming and will be sent to you and the new National President Maggie Rivera.
If you have any questions, please feel free to contact me at (575) 312-1068 or our Deputy, Jessica Inz Martnez at (575) 386-1885.
Thank you for your immediate attention to this matter.
Sincerely,
Enrique Kiki Vigil NM State Director
Cc: Ms. Maggie Rivera, National LULAC President NM LULAC Board of Directors