Section 1—The National Assembly:
a. Definition and composition: The National Assembly is the supreme authority of the League...
The Editor will take this time to lay out the process to amend the LULAC Constitution. The discussion will be guided by the provisions for amending the Constitution contained in the LULAC Constitution. The LULAC Constitutional process for amending the Constitution as it appears in the Constitution is found at the end of this discussion as is the Constitutional duty of the LULAC Committee on Amendments.
The first section of the Constitution to look at is Section 2 of Article XIV.
A proposed amendment may only be presented by a Council in good standing.
The amendment may be submitted typewritten via electronic mail or postmarked to the National Office sixty days before the National Convention date. For the 2018 National LULAC Convention, we can assume that date for the National LULAC Convention to be July 17, 2018 and sixty days prior would be 16 days in July, counting backwards, 30 days in June and 14 days in May, making May 18, 2018, the day that a LULAC Council could no longer send in its amendment. So sending the proposed amendment before May 18, 2018 would work.
The mailbox rule governs the deadline date, that is a letter mailed on May 17, 2018 with a postmark of May 17, 2018 would be considered timely, even if the letter gets to the LULAC National Office on the 22nd of May, 2018, the submitted via mail would be considered timely.
The deadline for email submittal is self explanatory, one would think, but knowing LULAC, heaven knows. Anyway, it would appear logical that a proposed amendment with a date tag of May 17, 2018 at 11:58 PM would qualify. But you know LULAC. Anyway, that would be the way to understand the submittal timeline.
The Constitution states in clear language what is supposed to happen next: "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."
This is not what is happening when LULAC Councils in good standing submit amendments to the National Office.
What is happening is that the Committee tasked with reviewing the amendments for consideration by the LULAC National Assembly is getting ahead of the curve, reviewing the proposed amendments and tossing out amendments it does not support.
The Constitution is CLEAR: 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.
The Constitution does not say one word about the filtering of any amendments before they are presented to LULAC Councils.
The timely receipt of the typewritten written postmarked or emailed amendments are the only filters to be considered by the LULAC National Office.
The timely receipt of the typewritten written postmarked or emailed amendments are the only filters to be considered by the LULAC National Office.
The only authority empowered to adjudicate, to pass judgment, about any proposed amendment is the National LULAC Board:
"2. (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."
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."
The Committee tasked with reviewing and making recommendation on any proposed Constitutional amendment is tasked in this provision of the LULAC Constitution here:
Bylaws of the League of United Latin American Citizens, Article II, Conventions, Section 6, Convention Committees, Paragraph (b.) [which states that the National president can name the various committees to carry out duties that serve the Convention, the meeting of the National Assembly being one of the components of the Convention],
Subsection (2.) Amendments and Constitution Committee—Shall review all amendments and revisions for content and possible conflicts, proper working, adherence with time schedule set by the Constitution for submission, and with certification of sponsoring Council shall report to the Assembly the accepted amendments
along with its recommendations;
along with its recommendations;
The LULAC National Office is illegally refusing to send to LULAC Councils all of the proposed amendments that were timely submitted on the proper format, typewritten or emailed. Amendments emailed or postmarked after May 17, 2018 would not be timely and any amendments submitted that were handwritten, would not qualify.
Other than that, the LULAC National Office's job is pretty straight forward, once received and accepted in proper form, it needs to comply with the directive of the Constitution, get the amendments out to the Councils by mail, by email, by publication thirty days prior to July 18, 2018.
The Committee is illegally using its position to review the amendments and rejects what it does not like.
The example this year are amendments to elect regional VP's by region (a LULAC'er voting rights issue, like single member districts that LULAC sues state and local governing authorities over), change the time for a council to be eligible to vote, one year instead of 30 days, to eliminate the "paper council" problem in LULAC, compulsory arbitration to do away with last minute TRO's that have become an annual LULAC chaos, limit the 2/3's to over-write the opinion of the LULAC National Advisor and make the office of the Advisor an elected office and allow the National Board to convene with 2/3's vote of the members without the request of the National President in situation when the National President is not present or when the Office of the National President is the issue of national LULAC concern.
The main reason that is known as the basis for rejecting proposed amendments that meet the initial threshold, timely submitted and proper format submitted is "possible conflict."
In legislative matters, legal conflicts in documents are curable if there is a desire to cure.
Analyze a possible conflict with any proposed amendment:
To change the term of membership before a LULAC'er can vote would be in conflict with the LULA Constitution. The Constitution sets the term at 30 days.
To vote for regional VP's be region would be in conflict with the LULAC Constitution. The Constitution requires that regional VP's to be elected by the whole house of delegates at the National Assembly meeting.
These are simple conflicts. If adhered to, one could never amend the Constitution. Any amendment, no matter how minuscule changes the status quo of the Constitution, that is, is in conflict with what is.
LULAC'ers are reasonable people, amendments to the LULAC Constitution are just that, an attempt to change the status quo.
The LULAC Constitution makes provisions for the Committee on Amendments to get back to the sponsoring Council of the amendment to revise the amendment for more detailed conflicts, which can occur when other provisions of the LULA Constitution need to be addressed.
The main job of the Committee on Amendments is to receive the proposed amendments from the National Office, review the amendments, each one of them, get back to the sponsoring Council when they see grammatical conflicts in the offered amendments for work-arounds, engage in discussions, take a vote and prepare a report for the National Assembly with recommendations on the amendments, in support or in opposition.
The best example of this process is what we see in resolutions, resolution that need a re-write are given the opportunity for a re-write, resolutions that will not be supported by the Committee on Resolutions are noted, but are still permitted to be placed before the Assembly for discussion and a vote.
The National Office is disrespecting LULAC'ers by not forwarding all proposed amendments that meet the basic LULAC threshold for amendments, timely submitted and properly formatted. If the with-holding of presenting all legal proposed amendments to LULAC Councils is directed by an other LULAC entity, be it the National President or the Committee, than that LULAC entity is guilty of the same.
The LULAC Constitution gives enormous power to the National President to name the committees that serve the needs of the National Convention. The power, however, is not absolute. The Constitution does not empower the National President to pick and chose the amendments it will present to the LULAC National Assembly at its annual meeting.
Once timely submitted and properly formatted, all amendment have to be presented to all the LULAC Councils in good standing.
The Committee has its duty to review each proposed amendment, to work with the sponsor to tweak the amendment to have the sponsor prepare work-arounds regarding possible conflicts, to vote on each amendment with recommendations for and/or against each amendment and to present their report to the National Assembly at its National Meeting.
The other reality for any Constitutional amendment to the LULAC Constitution is that once before the National Assembly, it needs 2/3's vote to pass, standard in most constitutional amending scenarios. In LULAC, passage by the National Assembly, the LULAC Constitution now requires for all councils to be presented with the proposed amendment and respond with a vote for or against passage. This is done after Convention. A no response is recorded as a yes response. When the Council votes are tallied, the amendment only needs 50% plus to pass. That is Constitutional amendment processing in LULAC.
The Committee on Amendments constitutional task is not to preselect what they will present and what they will not present to the LULAC Delegates of the LULAC National Assembly, according to the LULAC Constitution, the process is difficult enough in itself. Respect for the authority of the National Assembly should be reason enough to present every proposed amendment before the National Assembly:
Article VI. Organization Structure
Section 1—The National Assembly:
a. Definition and composition: The National Assembly is the
supreme authority of the League..."
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THE LULAC CONSTITUTIONAL PROCESS FOR AMENDING THE CONSTITUTION
Article XIV. 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.
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.
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.
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.
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.
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.
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.
THE LULAC CONSTITUTIONAL ROLE OF THE NATIONAL LULAC COMMITTEE OF AMNDMENTS
(2) Amendments and Constitution Committee—Shall review all amendments and revisions for content and possible conflicts, proper working, adherence with time schedule set by the Constitution for submission, and with certification of sponsoring Council shall report to the Assembly the accepted amendments along with its recommendations;
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