LULAC - A Memeber of the LULAC National Board Questions the Legal Advisor

From: Rick Dovalina [mailto:rdovalina@comcast.net]
Sent: Tuesday, June 03, 2014 12:39 PM
To: 'M.Escobar'
Cc: 'Ada Pena'; 'Ana Valenzuela Estrada'; 'Arturo Martinez'; 'Baldomero Garza'; 'Benny Diaz'; 'Berta Urteaga'; 'Bob Garcia'; 'Brandie Bedard'; 'Brent A Wilkes'; 'Carolina Munoz'; 'Elia R Mendoza'; 'Elias L Garcia'; 'Elsie Valdes'; 'Ivonne Quinones Lanzo'; 'Josefina Ruiz'; 'Joseph Enriquez Henry'; 'Juan Carlos Lizardi'; 'Lourdes Ribera'; 'Lydia Medrano'; 'Maggie Rivera'; 'Manuel Rendon'; 'Margaret Moran'; 'Mickie Solorio Luna'; 'Rafael Arciga Garcia'; 'Ralina Cardona'; 'Ralph Arellanes'; 'Rev. John Mireles'; 'Roman Rodriguez'; 'Rosa Rosales'; 'Rose Mary Bombela-Tobias'; 'Rose Satz'; 'Salvador Lazalde'; 'Tom Duran'; 'Wanda Gordils'
Subject: legal opinion dated june 2, 2014

Dear Mr. Escobar: I have obtained a copy of an opinion you rendered for the VP of the Far West on the above referenced date. I would remind you that you are the legal advisor to the League, and not just to the executive committee. The full Board should have been copied with the opinion. Although I agree with the Constitutional provisions cited in the opinion, I do not like the tone of the opinion with emphasis of expulsions and suspension against Board members. Any Board member can raise an issue with the formation of Councils in their area. It has been the custom and practice of LULAC to address these concerns to the Board for discussion and not to get the legal advisor involved UNTIL the Board has rendered a decision on the councils. The legal advisor would then review the Board action. You should have referred the matter to the President for her to contact the Board for a full and open discussion. The function of a legal advisor is to advise and NOT to create policy within LULAC. The National is using the Committee to make decisions that should be made by the full Board. In a recent action, the Executive Committee suspended a LULAC member for taking money from Herbalife . This action against Herbalife has not been approved by the Board or the assembly. Legally, how can you suspend a person for violation of a policy that has not been voted upon by the full National Board?  This matter should be brought before the full assembly in New York for a full discussion. If we are to boycott a company, it should be by vote of the Assembly, not a committee. Respectfully submitted,