LULAC - Correspondence on LULAC Amendments

The Editor: The Editor has been looped into a controversy regarding amendments to the LULAC Constitution that will not go away.

Wisconsin LULAC council had 5 amendments that were not considered by a mysterious "National LULAC Committee on Amendments."  As you will read below, some in the upper echelon of LULAC did not even know the structure of such a committee, who its members are, who its leadership is.

The correspondence below starts out by Al Maldonado, a noted LULAC National Parliamentarian from Houston, noting in his correspondence that his LULAC Council submitted 15 amendments for presentation by the LULAC National Assembly and only 4 amendments were reviewed by the "secret committee."  Mr. Maldonado states that amendments to the LULAC Constitution fall under the complete authority of the LULAC National Assembly, the supreme authority of the League, "LULAC."  Mr. Maldonado states that the so called amendments committee has no authority to be filtering proposed amendments.  Their principle role as a committee on amendments is to receive the proposed amendments, read the amendments, note issues with the amendments, make recommendations on each amendment and report such to the National Assembly at the National Assembly's Meeting at the National Convention of LULAC, this year being its meeting in Phoenix.  The role, the authority of the so called committee on amendments is to do that.  Its role and authority is not decide which amendments it will or will not review and present to the National Assembly.

The email discussion:

From: Alfonso Maldonado <maldonadofonz@aol.com>
Date: Tue, Jul 10, 2018 at 11:19 PM
Subject: Re: Proposed Amendments to the LULAC Constitution
To: LULAC Leadership

Good evening Max and Connie,

Article II, Section 6 (b)(2) of the Bylaws (page 74) establishes an "Amendments and Constitution Committee."  It is a "Convention Committee" which means that it is "temporary and are automatically dissolved upon acceptance of their work or report  (Article II, Section 6 (e) page 75). The committee is "appointed by the National President at any time prior to the Convention" (Section 6b).

Article IV of the Bylaws (page 78) establishes a "Constitutional Revision Committee." According to the Article, it is "authorized to make any changes necessary to correct, clarify and consolidate the revised Constitution adopted hereby." This committee is considered a "National Committee" and shall "function for the duration of the administration that names them or for less time as (the) situation may dictate." The National President establishes the committee with the "approval of the National Board of Directors or the National Executive Committee."

In addition, the "size, scope of activity and authority, composition, purpose and tenure shall be defined in writing by the National Board of Directors or the National Executive Committee" (see Article VIII, Section 9 (k)(1-4) page 43).

Regarding Resolutions, Article XIV, Section 4 of the Constitution states: "Resolutions may be offered at the National Convention following the same procedures established for amendments in Section 2, above..." (page 63). Thus in general, resolutions may not be offered from the floor. However, resolutions may be offered from the floor in emergency situations (Article XIV, Section 4 (d) page 64).

Yours in LULAC,

Al

-----Original Message-----
From: Connie Martinez <csmarti101@aol.com>
To: LULAC Leadership

Sent: Tue, Jul 10, 2018 11:16 am
Subject: Re: Proposed Amendments to the LULAC Constitution

We did not know that there was a constitutional amendment chairman and is there a committee and who are they?   Because we also have some amendments that we would like to propose.  Our approach was to write a resolution to establish a Constitutional Amendments Revision Committee to review and correct the Constitution with input from sources such as the Districts and members.

We thank you for your efforts in trying to correct the constitutions.  Unfortunately, we received only five of proposed amendments which four are from Houston.

Max Martinez, President Council 4662

   and

Connie Martinez
Texas State LULAC Treasurer
128 City Street San Antonio, Texas  78204-1343
(210) 219-0028

-----Original Message-----
From: Alfonso Maldonado <maldonadofonz@aol.com>
To: miguel <miguel@ortizlawyers.com

Copies: LULAC Leadership

Sent: Tue, Jul 10, 2018 10:14 am
Subject: Proposed Amendments to the LULAC Constitution

Good evening Mr. Amendments Chairman

Three councils from District VIII, (60, 673 & 4566) timely submitted 15 proposed amendments to the Constitution. However, only three (3) were presented to the councils for consideration.

The proposed amendments are in compliance with Article XIV, Section 2(a) of the Constitution and Article II, Section 6 (b)(2) of the Bylaws.

The Bylaws state that the Amendments Committee "Shall review all amendments and ... report to the Assembly...with its recommendations." Thus, the Committee's only duty is to review and report.  

If the Committee feels that a proposed amendment is: 1) in conflict with the Constitution; 2) not in proper working order; 3) not timely submitted; and 4) not sponsored by a Council, the committee should report it to the Assembly and recommend that it not be adopted. The committee has no Constitutional authority to decide which proposed amendments are presented to the councils and the National Assembly, the ultimate authority. 

A lot of thought and effort were put into these proposed amendments and they should be given its due deliberation by the Assembly. I see no reason as to why the proposed amendments were not presented and respectfully request that all councils are notified of the error and ensure that the proposed amendments are presented to the National Assembly for its consideration.

Respectfully,

Al Maldonado

District VIII Director

Past National Parliamentarian 1998-2002

-----Original Message-----
From: Alfonso Maldonado <maldonadofonz@aol.com>
To: miguel <miguel@ortizlawyers.com>

Copies: LULA Leadership
Sent: Fri, May 18, 2018 4:59 pm
Subject: Proposed Amendments to the LULAC Constitution

Good evening Miguel,

On behalf of Councils 60, 673 and 4566, I respectfully submit the attached proposed amendments for the 2018 National Assembly's consideration.

Yours in LULAC,

Al Maldonado

District VIII Director