The Editor: This letter was pulled out of the LULAC archives vault that the Editor maintains in a secret location high in the Andes mountain chain in South America. The letter is from Miguel Ortiz, the Legal Advisor for Texas LULAC. The letter is written in response to the first "close the convention down" fiasco created by the filthy, unscrupulous LULAC attorneys and executed by Roger Rocha at the Texas LULAC Convention held in San Antonio in 2013.
The Texas LULAC Convention of the Texas LULAC Assembly was held on June 2, 2013. Roger Rocha shut down the convention on the grounds that LULAC'ers were about to riot. The facts were that Linda Chavez had a majority of the delegates in the assembly, Miguel Ortiz illegally disqualified Chavez to run from office based on a federal El Paso court order, which was proven false in the federal courtroom later. A substitute motion was made to run Rene Martinez as a nominee from the floor, again ruled by Miguel Ortiz as Rene not having five LULAC councils with their entire delegation registered for the San Antonio convention endorsing Rene. The rules required only three councils. Roger Rocha closed nominations and Elia Mendoza was elected without opposition.
The letter that appears below is Miguel Ortiz certifying how Texas LULAC would continue post a convention which had not completed the electoral process.
In the letter Ortiz cites the provision in the LULAC Constitution which states that minus an election, the elected officials that continue through the day that an election should have been held but was not held, continue in office. He makes specific reference to the LULAC Constitution's termed out provision and the fact that officers may not serve for more than four years in the same position.
This language was important because Mary Lou Canales, who had served four years as Deputy Director for Women was considered a termed out officer by Elia Mendoza and Elia wanted to fill the vacancy. Mary Lou Canales was not permitted to stay on the Texas Executive Board and her position was filled by a person appointed by Elia Mendoza. Thus, you have the double standard in LULAC.
Termed out has a meaning. Status quo in LULAC does not mean violating provisions of the Constitution. Continuing the National Executive Committee is provided for in the LULAC Constitution. Status quo here would mean non-termed officers continue to run the organization, regardless of how many are left who are not termed out. The remaining members can elect the persons who will fill in the vacancies.
The Editor publishes this letter below so that LULAC'ers can see with their own eyes the double standard that Vera is using today with the National Executive Committee. It is also a letter that should serve the interests of the New York attorneys who are working for Maggie Rivera.
The Editor is expecting the New York court to sanction Vera, LULAC, Margaret Moran and Manuel Escobar; to declare the TRO against Rule 12 and Rule 21 to be a proper order that should be applied in the immediate and long-term future of LULAC; and to speak to the legality of the continuation of the convening of the National Assembly where 825 delegates, more than the minimum needed to maintain a quorum, elected a new slate of officers for National LULAC.
Word on the LULAC street has it that Roger Rocha is planning to be in Washington 5 days a week for the next several weeks to review the LULAC accounts. Roger Rocha has no authority in LULAC. He does not hold a national officer position in LULAC.
More word on the LULAC street is that the Vera has asked the New York court for another extension of time. The court already granted him a 7 day continuance, from July 21 to July 28.
What Vera wants is for the Texas court to address the LULAC matter before the New York court does. As the Editor stated in an earlier post, courts from two states dealing with similar issues of a case will generally defer to the first in time, first in line rule. This would mean that the New York court should have continuing control of the LULAC matter regardless of what Vera and Escobar do.
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