LULAC - Amendments That Were Denied to be Presented to the National Assembly

The Editor: The only way to challenge this situation is to make a motion at the time the amendments are read out and object to the Committee's Report.  The vote would need to be 2/3's to overcome anything LULAC.  It'll take 2/3's to adopt an amendment, so why not.  If the 2'3's are there, the objection is a good starter.

From the floor, I rise to object to the report of the Chairman of the Committee on Amendments.  "My objection is that the Chairman's report should include all amendments that were timely presented in the required format to the National Office."  The objection is noted.  Person objecting,  "I move to have the Chair of the Committee on Amendments  present all of the amendments that were timely submitted on the proper format to the National Office, that each amendment be read out, that the Committee's recommendation regarding each amendment  be presented to the National Assembly, that the Presiding Officer of the National Assembly recognize the party who submitted each amendment and permit said party to make a motion to have the National Assembly adopt the amendment as an amendment to the Constitution of LULAC, to permit for a Delegate to second the motion to adopt, to permit 5 minutes for and 5 minutes against the amendment, to permit for amendments to the amendment, to vote up or down on any changes to the proposed amendment and to permit for a final vote of the Assembly on each amendment."

The Editor: The powers that be in LULAC are illegally preventing amendments from being presented to the National Assembly.  The LULAC Constitution has the provisions for amending the Constitution under Article XIV, Section 2, the entire section recited below for transparency.

LULAC council has submitted amendments to be presented to the National Assembly.  All five that are listed below, which you can, and should, link to, were presented in accordance with the Constitutional directive and were denied due process before they reached the National Assembly.

The LULAC Powers That Be are using the Amendments and Resolutions Committee that is charged with reviewing and making recommendations on amendments to gut amendments it does not favor and prevent them from reaching the National Assembly for a vote.

The Amendments Committee does not have the authority to disallow properly filed amendments from coming before the National Assembly.  The Amendments Committee does not have the authority to argue in Committee and deny a proposed amendment from coming to the floor.

Once the amendment passes the timely submittal threshold, the proper format threshold, the Committee is required to vote on the amendment with the outcome being presented to the National Assembly, that is, with the recommendations of the Committee being reported to the floor on each proposed amendment.

LULAC Powers That Be have invalidated countless of proposed amendments by having the Committee rule a proposed amendment is in conflict with elements of the LULAC Constitution or elements of external laws

The Committee is not empowered to act as judge and jury on any proposed LULAC amendments.  The only authority it has, once an amendment has processed to the Committee level is to discuss the amendment and vote on it.  It is then free to lay out the basis for the outcome of their vote.

Any proposed amendment could be disqualified on the basis that it is in conflict with the Constitution.  They could report that conflict out in their recommendations.  By shear logic, any new amendment would automatically in conflict with the Constitution, it changes the status quo of the Constitution.  Each new proposed amendment would automatically be denied because it is in conflict with some element of the Constitution.

Once an amendment has passed, the LULAC Board of Directors is empowered to assess conflicts and make changes in the language of the Constitution to address conflicts.

The amendments that were denied are all logical common, logical amendments: (1.)  eliminate last minute TRO's by requiring arbitration to resolve disputes; (2) a second amendment would change the selection of the regional VP's to regional selection, which is very voting rights aligned; (3) eliminate the veto power of the Legal Advisor over Board actions and making the LA an elected position; (4)  permitting the convening of the National Board to convene with a 2/3's vote to convene, sans the National President; and (5) discourage the creation of paper councils by requiring that voting rights are vested after 365 days of membership in LULAC.

You can link to each proposed amendment below.

1. Create & Implement a Binding Dispute Resolution Policy to end the endless cycle of legal action between members

2. Improving Representation, Oversight & Accountability by having regional election of regional vice presidents.

3. Return Full Authority to National Board to Act, making the National Legal Advisors opinion non-binding, eliminating unlimited "veto" authority on actions from the National Legal Advisor, an appointed, not elected position.

4. Allowing the National Board to Self Convene when two-thirds of the board so choose to address issues when the National President is not available or is the subject of an issue requiring the convening of the National Board

5. Ensure the Integrity of the National Assembly & Elections by discouraging the creation of paper councils by requiring delegates only be awarded to councils that have been in good standing for more than 365 days or more prior to the National Assembly for which delegates are being requested.

Below you can link to 5 amendments that were presented to LULAC

Section 2—Amendments: Amendments to this Constitution and/ or Bylaws may be presented at the annual convention of the National Assembly by any Council in good standing, and only by a Council. Said presentation shall follow the procedure set below:

a. All proposed amendments must be submitted typewritten via electronic mail or postmarked to the National Office sixty days before the National Convention date, which shall be when the National Assembly is scheduled to be convened to be certified and vote. The National Office, In turn, shall send copies of the proposed amendments to all Councils in good standing thirty days prior to set date. Additionally, they will be posted on the National Website and published in the LULAC News magazine.

b. At the Convention, the Chairman of the Amendments and Resolutions Committee shall read each amendment once and offer the recommendations of the committee before the National Assembly discusses and votes on the amendments.

c. A two thirds (2/3) majority vote of the certified delegates at the National Convention is necessary for approval of an amendment.

d. Within thirty days of the close of the National Assembly, the National Secretary shall submit mimeographed copies of the approved amendment(s) to all Councils in good standing for their study and ratification or rejection.
Councils shall be allowed thirty days from receipt of the amendment(s) to indicate their decision in writing. Failure of any Council to advise the National Board of Directors of its decision within the specified time shall be deemed as approval by that Council and so recorded by the National
Secretary.

e. A favorable vote by a majority of the Councils shall be sufficient to ratify amendment(s) and to enable the National President to proclaim that said amendment(s) are part of the Constitution and/or Bylaws. Within a reasonable time, the National Office shall make available inserts of the
ratified amendment(s) for inclusion in the Constitution.

f. No amendment to the Constitution and/or Bylaws shall be accepted by the National Board of Directors if it is improperly prepared, in conflict with existing provisions, or submitted past the established deadlines. No Constitutional amendments may be offered from the floor at the National
Convention, orally or written.

1. Create & Implement a Binding Dispute Resolution Policy to end the endless cycle of legal action between members

2. Improving Representation, Oversight & Accountability by having regional election of regional vice presidents.

3. Return Full Authority to National Board to Act, making the National Legal Advisors opinion non-binding, eliminating unlimited "veto" authority on actions from the National Legal Advisor, an appointed, not elected position.

4. Allowing the National Board to Self Convene when two-thirds of the board so choose to address issues when the National President is not available or is the subject of an issue requiring the convening of the National Board

5. Ensure the Integrity of the National Assembly & Elections by discouraging the creation of paper councils by requiring delegates only be awarded to councils that have been in good standing for more than 365 days or more prior to the National Assembly for which delegates are being requested.