El Paso Dist 4 Letter to Nat'l Board on Impeachment

8/3/2019 El Paso Dist 4 Letter to Nat'l Board on Impeachment

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Virginia Te naDistrict DirectorLULAC Distr ict IV

DISTRICT IVCristina BennettONCERN ON IMPEACHMENT OF TEXAS STATE DIRECTORImmediate Past District DirectorJoe GutierrezDeputy District Directorctober 15, 2011LULAC National President MoranLULAC National Board Members

1133 19th Street, NW, Suite 1000Washington, DC 20036

Deputy Director for Youth andYoung AdultsChristina QzaetaDeputy Director for WomenFrank M artinezDistrict TreasurerMargaret DavisDistrict SecretaryRay ManceraParliamantarianRose OrtegaChaplain

Sgt. at ArmsCouncil PresidentsXavier BanalesCouncil No. 8

Council No. 9Rick ArosCouncil No. 132Nicolas DominguezCouncil No. 298Enriqueta "Queta" FierroCouncil No. 335Yolanda A rguellesCouncil No. 4329Veronica JohnsonCouncil No. 4457Elvia HernandezCouncil No. 4875Jessika HernandezCouncil No. 4895 - UTEPMargaret RodriguezCouncil No. 4964Fermin DoradoCouncil No. 4973Ray ManceraCouncil No. 4981

Dear President Moran and Distinguished National Board,It is with great heartache members of District IV in El Paso

received notice from our State Director, Joey Cardenas, that he hadbeen impeached from office. However, the decision by the NationalBoard has been made and we will respect it.

At today's regularly called District IV meeting, a motion wasmade, seconded, and passed, authorizing me to write this letter toexpress our concern with the reasons the National Board used toimpeach an officer of the League. If District and State Officers,Boards and Assemblies are now going to be subject to charges usingthe same Constitutional provisions used to impeach brother Cardenaswill result in LULAC advocacy for the betterment of our Hispaniccommunity will come to a halt. I pray that is not the case and wekindly ask guidance and clarification.

I know the charges against the State Director are several, but theones District IV is concerned with and need answers to are:

1. "Mr. Cardenas without National Board approval engagedMALDEF as the LULAC legal representative in the TexasRedistricting lawsuit which is acting contrary to the authority ofthe National Board in violation of Article VI, Section 2,Subsection C, (1), (2), (3) and (4)."

This provision on Page 12 of the Constitution addresses the limitsthe National Assembly places on The National Board of directors tonot: "(3) To permit any of its members to speak for or involve theLeague on any matter of LULAC policy unless duly authorized to do soby the National Board of Directors, the National Executive Committee,or the National Assembly".

LEAGUE O F UNI TED LAT I N AMERI CAN C I T IZ ENS1309 Murchinson Drive. El Paso, Texas 79902Telephone: 915.346.6740 Email: [email protected]


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Virginia TenaDistrict DirectorLULA C District IV

1929Cristina Bennettur concern is that it has not only been the policy and custom ofImmediate Past District Directothe League to allow District and State Boards and Assemblies toJoe G utierrezddress matters relating to their respective areas, but theDeputy District Directoronstitution further speaks to that authority on page 15 for StateAssemblies and page 16 for District Assemblies. El Paso District IVDeputy Director for Youth and supported our Texas Board to fight our Texas Legislature to keep theYoung Adultsour new Congressional Districts "Hispanic friendly". We sincerelyChristina Qzaetaelieve that the National Board should get involved in those statesDeputy Director for Women where no LULAC State Boards or Councils exist and file redistrictingFrank M artinezawsuits there.District TreasurerI,UI,AC DISTRICT IVMargaret DavisDistrict SecretaryRay ManceraParliamantarianRose OrtegaChaplain

Sgt. at ArmsCouncil PresidentsXavier BaiialesCouncil No. 8

Council No. 9Rick ArosCouncil No. 132Nicolas DominguezCouncil No. 298Enriqueta "Queta" FierroCouncil No. 335Yolanda ArguellesCouncil No. 4329Veronica JohnsonCouncil No. 4457Elvia HernandezCouncil No. 4875Jessika Hernand ezCouncil No. 4895 - UTEPMargaret RodriguezCouncil No. 4964Fermin DoradoCouncil No. 4973Ray ManceraCouncil No. 4981

In addition, the State Director is charged with filing a "redistrictinglawsuit which is contrary to the authority of the National Board..."However, NOT once throughout the charges is Article XII, Section 13 -Litigation (page 52) mentioned which states:

a. Whenever any legal action or proceeding is initiated by oragainst any LULAC council, council agrees to cooperate withLULAC to protect the organization's name and interests and toprotect LULAC from the unauthorized use by anyone or anyparty litigant who does not have authority from LULAC to makeuse of the name in any legal action or proceeding. Council shallnotify the LULAC National Office promptly after it initiates anylegal action or after it received notice through legal service ofprocess that LULAC is named as a party defendant...."

It is District IV's understanding that this provision allows Councils,Districts and States to file suit when it deems necessary to protect orensure the civil rights of a Hispanic person(s) in our respective areas.Mr. Cardenas complied with the Constitution by keeping Nationalinformed of all actions including notifying them of the suit against theState of Texas.

The other charge we are concerned with is:2. "Mr. Cardenas continues to challenge, disregard and underminethe authority of the National Board of Directors by refusing to

accept, recognize and acknowledge Houston District XVIII aspart of the October 2, 2010 directive of the National Board. Thelatest such action taking place June 5, 2011."

There is no provision in the Constitution allowing the NationalBoard to create Districts. Under Article VIII, Section 9 a. (11), foundin page 34, the Constitution does allow the National President to

LE A G U E O F U N IT E D LA T IN A M E RIC A N C IT IZ E NS1309 Murchinson Drive. El Paso, Texas 79902

Telephone: 915.346.6740 Email: [email protected]


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Virginia Ten aDistrict Director

LULAC District IV

',LILAC DISTRICT IVCristina Bennettappoint State Director in States with less than three councils".Immediate Past District DirectoThe question of Districts and their boundaries is left to the States andJoe Gutierrezistricts as provided in Article VI, Sections 4 and 5 for State authorityDeputy District Directornd Sections 6 and 7 for District authority (pages 15-19). It is myopinion first that the National Board should not have heard this matterand secondly that the members of the new District should first haveexhausted their appeal process namely to the State Assembly beforegoing to the National Board.

President Moran and National Board, the above charges against theState Officer beg a clear and concise clarification so that we or betteryet, I, in volunteering my time and effort on behalf of those lessfortunate in our community, don't end up in the same predicament asour duly elected State Director, Joey Cardenas, and possibly facingimpeachment charges:

1. Do LULAC Districts have the right to speak using "LULAC" whenaddressing local private companies, City Council, School Boardsand Commissioners Court or do we have to have prior approvalfrom the National Board?

Deputy Director for Youth andYoung AdultsChristina QzaetaDeputy Director for WomenFrank M art inezDistrict TreasurerMa rgaret DavisDistrict SecretaryRay ManceraParliamantarianRose OrtegaChaplain

Sgt. at ArmsCouncil PresidentsXavier BarialesCouncil No. 8

Council No. 9Rick ArosCouncil No. 132Nicolas DominguezCouncil No. 298Enriqueta "Queta" FierroCouncil No. 335Yolanda A rguellesCouncil No. 4329

2. Do LULAC Districts have the right to hire legal counsel andinitiate legal action as an example against a landlord abusing aHispanic person's civil rights or against City Council in aredistricting matter and as long as we notify the National Officeor do we need prior approval from the National Board?

3. Do LULAC Districts and States have the right to determine theneed for a new District and its boundaries or is this authorityvested solely on the National Board?

Sincerely,Veronica JohnsonCouncil No. 4457Elvia HernandezCouncil No. 4875Jess ika H ernandezCouncil No. 4895 - UTEPMargaret RodriguezCouncil No. 4964Fermin DoradoCouncil No. 4973Ray ManceraCouncil No. 4981

Virginia Tena,ena, LULAC El Paso District IV DirectorCc:lorinda Chavez, Texas State DirectorRobert "Woody" Wilson, State Legal AdvisorBrent Wilkes, LULAC Executive DirectorManuel G. Escobar, LULAC Legal AdvisorJoey Cardenas, Immediate Past Texas State Director

LEAGUE OF UN ITED LATIN AMERICAN CITIZENS1309 Murchinson Drive. El Paso, Texas 79902

Telephone: 915.346.6740 Email: [email protected]

Documents

El Paso Dist 4 Letter to Nat'l Board on Impeachment