COMPLAINT for TRO Cv2013-008731 Conformed 14jun2013

7/28/2019 COMPLAINT for TRO Cv2013-008731 Conformed 14jun2013

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28Law Office of Chris Ford125 East Coronado Road

Phoenix, AZ, 85004602-688-5571

COMPLAINTPage 2 of 11

2. Venue is proper in this Court because at least one defendant resides in MaricopaCounty. A.R.S. 12-401(7).

PARTIES

3. Plaintiff Jose Roberto Soto, a resident of Maricopa County, is secretary of LULACCouncil #1152 in Maricopa County.

4. Plaintiff Maria Salazar, a resident of Maricopa County, is president of LULACCouncil #1135 in Maricopa County.

5. Plaintiff Mayra Discua Miranda, a resident of Maricopa County, is president ofLULAC Council #1150 in Maricopa County.

6. Defendant League of United Latin American Citizens (LULAC) is a nationalorganization whose mission is to advance the economic condition, educational attainment,

political influence, housing, health and civil rights of the Hispanic population of the United

States.1

7. Defendant John Mireles, an officer of LULAC, is, on information and belief, aresident of Maricopa County.

8. Defendant David Hernandez, executive director of the Arizona Chapter of LULAC(LULAC AZ), , is, on information and belief, a resident of Maricopa County.

9. Defendant Ana Valenzuela is LULACs national vice president for youth.10. Defendant Mari Alvarado, president of LULAC Council #1083, is, on information

and belief, a resident of Maricopa County.

11. Defendants whose names and identities are unknown are sued herein under thenames Does 1 to 20 (Does). Plaintiffs are informed and believe and on that basis allege that the

Doe defendants are responsible in some manner for the damages and injuries hereinafter

complained of. Plaintiffs will amend this complaint and give notice to the Doe defendants upon

learning of their names and capacities.

12. Plaintiffs are informed and believe and on that basis allege that at all times herein1 League of United Latin American Citizens, http://lulac.org/about/mission.


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mentioned, each defendant was the agent, servant and employee of the other defendants and were

acting at all times within the scope of their agency and employment and with the knowledge and

consent of their principal and employer.

FACTUAL ALLEGATIONS

13. The League of United Latin American Citizens, Arizona Chapter (LULAC AZ)held its annual convention, located at Pima Community College, Desert Vista Campus, Tucson,

Arizona, on June 8, 2013.

14. A primary purpose of this convention was to for delegates from local Councils tovote for delegates who will represent Arizona in voting at LULACs annual national convention

for 2013, which is scheduled to take place in Las Vegas, Nevada from June 17-22, 2013.

15. Defendants and Does managed and controlled the aforementioned LULAC AZconvention on June 8, 2013, including and especially the election of delegates and voting process.

16. LULAC AZs 2013 annual state convention agenda advertised that registration forthat event would take place from 8 a.m. to 10 a.m. on the morning of June 8, 2013. Exhibit A to

Declaration of Chris Ford (Ford Dec.) at 1-2.

17. Plaintiff Soto was to participate in the voting portion of the convention as soledelegate from Council #1152, and he had prepaid his $20 delegate fee.

18. Plaintiff Soto arrived at the convention location at approximately 9:15 p.m., wellwithin the registration time frame as communicated in the agenda. See Exhibit A to Ford Dec.

19. Plaintiff Soto registered and was given a badge on which he was instructed to placehis Council number.

20. At that moment, plaintiff Soto considered himself registered and eligible for thedays voting.

21. However, when the election started during the afternoon session of the convention,defendants did not call plaintiff Sotos Council number or his name, did not seat plaintiff Soto to

vote, and in fact denied and prevented plaintiff Soto from any participation in the voting.

22. Despite his having been led to believe that he was validly registered, defendants toldplaintiff Soto told he was unqualified to vote.


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23. Plaintiff Soto also observed that LULAC officers failed to follow Roberts Rules ofOrder when conducting the election.

24. Prior to the June 8, 2013 LULAC AZ convention, plaintiff Salazar received acertificate from LULAC stating that her council #1135 was in good standing. Exhibit A, attached

hereto.

25. Also prior to the June 8, 2013 LULAC AZ convention, plaintiff Salazar received aLULAC Receipt of Payment dated May 28, 2013 showing that LULAC Council #1135 had

paid $306 to the national office on April 29, 2013. Exhibit A.

26. The Receipt specifies that the councils 11 members, four delegates and fouralternates were in good standing. Exhibit A.

27. Plaintiff Salazar arrived to the convention location at about 10:45 a.m. on June 8,2013. Nonetheless defendants gave her and her mother Ramona Luna, also a member of

Council #1135 admission badges on which defendants instructed them to write their names and

Council number.

28. Because she registered and received her delegate badge, and she had received theCertificate and Receipt from LULAC showing that Council #1135 was in good standing, plaintiff

Salazar believed she was duly registered for the convention and eligible to vote.

29. However, when the election started during the afternoon session of the convention,defendants did not call plaintiff Salazars Council #1135 or her name, did not seat plaintiff

Salazar to vote, and in fact denied and prevented plaintiff Salazar from any participation in the

voting.

30. Plaintiff Salazar attempted to reason with defendants, but they prevented PlaintiffSalazar and Ramona Luna from voting and even threatened to get law enforcement to throw them

out of the meeting.

31. Plaintiff Miranda, like plaintiff Salazar, arrived at the convention at about 10:45 a.m.on June 8, 2013, but defendants nonetheless registered her.

32. Defendants then gave plaintiff Miranda a badge and instructed her to writedelegate on the badge.


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33. Defendants contemporaneously told plaintiff Miranda that she was a delegate andthat she was eligible to vote that day.

34. However, when the election started during the afternoon session of the convention,defendants did not call plaintiff Mirandas Council #1150 or her name, did not seat plaintiff

Miranda to vote, and in fact denied and prevented plaintiff Miranda from any participation in the

voting.

35. Plaintiff Miranda is in possession of and hereby submits to the Court a list ofapproximately 29 duly registered delegates to the LULAC AZ convention on June 8, 2013, all of

whom defendants denied the right to vote. Exhibit B, attached hereto.

36. Members of LULAC enjoy the following rights:a. To participate in all meetings and other activities of their respective councils.

Constitution of the League of United Latin American Citizens (LULAC Const.), art. 4,

1b.(2);

b. To propose, discuss and vote on matters of interest to and for the welfare of theCouncil or League. LULAC Const., art. 4, 1b.(3);

c. To vote and be candidates for an office in their Council, District, State orNational Conventions, provided that in the case of offices at levels higher than their

Council, they are certified as delegates to the convention, have the support of respective

Council and otherwise fulfill all requirements of the office sought. LULAC Const., art. 4,

1b.(4) (emphasis added);

d. At conventions, [o]nly accredited delegates registered at the Convention will beallowed to vote. Bylaws of the League of United Latin American Citizens (LULAC

Bylaws), art. II, 3h;

e. Each Council in good standingshall have the right to send as many delegatesand alternates as it is entitled to, according to a chart in the bylaws. LULAC Bylaws, art.

II, 4 (emphasis added).

Exhibit B to Ford Dec (relevant excerpts of LULAC Const. and Bylaws).

//


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CAUSES OF ACTION

Violation of A.R.S. 10-3721

37. Plaintiffs reincorporate by reference the previous allegations of this Complaintpursuant to Rule 10(c) of the Arizona Rules of Civil Procedure.

38. A.R.S. section 10-3721 provides, as relevant here, Unless the articles ofincorporation or bylaws provide otherwise, each member is entitled to one vote on each matter

voted on by members (emphasis added).

39. Moreover, LULACs constitution makes clear that members have a right to vote onmatters of interest to and for the welfare of their Council or the League. LULAC Const., art. 4,

1b.(2)-(4).

40. Here, defendants denied plaintiffs and more than two dozen delegates the right tovote on matters of interest to and for the welfare of LULAC, specifically elections of delegates to

LULACs national convention. Defendants thus deliberately denied plaintiffs their right to vote

under Arizona statue and LULACs own constitution.

Common Law Fraud


42. The nine elements of common law fraud in Arizona are (1) a representation; (2) itsfalsity; (3) its materiality; (4) the speakers knowledge of its falsity or ignorance of its truth; (5)

his intent that it should be acted upon by and in the manner reasonably contemplated; (6) the

hearers ignorance of its falsity; (7) his reliance on the truth; (8) his right to rely thereon; and (9)

his consequent and proximate injury.Peery v. Hansen, 120 Ariz. 266, 269, 585 P.2d 574, 577

(Ariz. App. 1978).

43. In the present matter, defendants appeared to register plaintiffs for LULAC AZsannual convention and specifically told plaintiffs that they were delegates and qualified to vote.

Voting was a material and important activity of LULAC AZs convention. The registrations of

plaintiffs, even though LULAC AZ took money to register them, proved to be bogus, and

defendants knew and intended that plaintiffs would not vote even though the were registered.


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Moreover, defendants prior to the election told each plaintiff that she or he was registered as a

delegate and qualified to vote.

44. Plaintiffs, after having been registered and told they were delegates qualified tovote, were not aware that defendants intended to deny them full participation in the convention

for which they registered including voting and plaintiffs rightfully relied on the

registrations and defendants statements to the effect that they were delegates and qualified to

vote as giving them the right to vote.

45. Proximate to and as a consequence of defendants fraud, plaintiffs were denied afundamental right, to vote, which was a material and primary activity at the convention. In short,

the election held by LULAC AZ on May 8, 2013 and the results thereof are the product of fraud

and are thus invalid.

Ultra Vires Acts


47. An act that is unauthorized or beyond the scope of power allowed or granted by acorporate charter or law is ultra vires. Blacks Law Dictionary (8th ed. 2004) 1559.

48. Here, as detailed above, defendants acted ultra vires under Arizona statute andLULACs constitution in denying plaintiffs the right to vote at the LULAC AZ convention.

Because these acts are ultra vires, they are void. LULAC AZs election held on May 8, 2013 thus

is void and without effect.

Declaratory Relief


50. A.R.S. 12-1831, a provision in Arizonas Uniform Declaratory Judgment Act,grants this Court power to declare rights, status, and other legal relations whether or not further

relief is or could be claimed. The manifest intent of the act is to open up avenues of relief

rather than to close avenues previously established. Schwamm v. Superior Court in and for Pima

County, 421 P.2d 913, 915, 4 Ariz.App. 480 (1966).


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51. An actual controversy exists in which the parties must ascertain their rights andduties under Arizona statute and the LULAC constitution, and a judicial determination is

necessary so that the parties may ascertain said rights and duties.

52. Plaintiffs contend that LULAC AZs elections held on June 8, 2013 violate Arizonastatute and LULACs constitution, and were held by defendants ultra vires, and the election

result was the product of fraud that defendants perpetrated on plaintiffs.

53. Plaintiffs desire a judicial determination of defendants rights, obligations and duties;plaintiffs are contemporaneously filing an Application for Temporary Restraining Order and

Preliminary Injunction.

Injunctive Relief Against Defendants


55. Defendants held an election on June 8, 2013 at LULAC AZs annual conventionthat, as set forth herein, violates Arizona statute and contravenes LULACs constitution, and

defendants acts were fraudulent and ultra vires.

56. The election resulted in Arizona delegates to LULACs national convention in LasVegas beginning on June 17, 2013 having been elected in violation of Arizona statute and

LULACs constitution, and as a product of fraud and ultra vires acts.

57. Because LULACs nation convention is imminent, if the results of LULAC AZselection of June 8, 2013 are allowed to stand, plaintiffs will suffer immediate and irreparable

injury, loss or damage, in that LULAC AZ will be represented at LULACs annual convention by

delegates who were seated via a fraudulent and illegal election.

58.

Injunctive relief is necessary to enjoin the above-described election, as is an order

that defendants hold a valid election with the participation of all those eligible to vote.

WHEREFORE, PLAINTIFFS PRAY judgment as follows:

59. For an Order enjoining the delegate election held by LULAC AZ on June 8, 2013 atPima Community College, Desert Vista Campus, Tucson, Arizona;

60. For an Order that defendants hold a new election at which all eligible delegates are


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Exhibit A


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Exhibit B


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Yes I am in Phoenix, in Maricopa County. I had one member from my council with me that day, Mario Miranda.

Okay here's the list I have:

Agustin CastroAlexandra DominguezAnnahisa VargasBenjamin MarinBerenice IbaezJose SotoCarolyn CooperHoward CooperJosh PotterLilia AlvarezLilia RomoManuel SaldaaMaria SalazarMario AlvarezMario MirandaMayra Discua Miranda

Nicole MoralesNorma JimenezPaul CastanedaPerla HernandezRamona LunaRandy ParrazRaquel GuerreroRicardo GomezRocio PatinoStephanie SanchezUbaldo Corona-TorresYolanda MedinaLiliana Gomez

From: Mayra Miranda

Subject: Re: List of members

Date: June 14, 2013 10:36:20 AM MST

To: Chris Ford


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DECLARATION OF CHRIS FORD, ESQ. Page 1 of 2

AFFIDAVIT OF CHRIS FORD, ESQ.

I, CHRIS FORD, ESQ., declare:

1. I am an attorney admitted to practice before this Court. Except where expresslynoted, I have personal knowledge of the following facts and, if called as a witness, could

competently testify as to their truth. As to those facts stated on information and belief, I believe

them to be true.

2. At 11:23 a.m. on June 14, 2013 I left a telephone message with defendant JohnMireles, providing him notice regarding the instant Application for Temporary Restraining Order

and Preliminary Injunction.

3. At 11:28 a.m. on June 14, 2013 I left a telephone message with defendant David V.Hernandez, providing him notice regarding the instant Application for Temporary Restraining

Order and Preliminary Injunction.

4. At 11:25 a.m. on June 14, 2013 I reached defendant Mari Alvarado via telephoneand provided her with notice of plaintiffs intent to seek a Temporary Restraining Order and

Preliminary Injunction against defendants. She provided me with the following address for notice:

Mari Alvarado, P.O. Box 35544, Phoenix, AZ 85069.

5. I asked Ms. Alvarado whether she was a resident of Maricopa County, but sherefused to answer the question. Nonetheless, I am informed and believe that Ms. Alvaraod is a

resident of Maricopa County.

6. At 11:47 a.m. on June 14, 2013 I emailed notice of plaintiffs intent to seek aTemporary Restraining Order and Preliminary Injunction against defendants to Messers. Mireles

and Hernandez. The email to Mr. Mireles bounced back as invalid.

7.

I was provided with Exhibit A, attached hereto, on or about June 12, 2013 by Randy

Parraz, who on information and belief attended as a delegate LULAC AZs annual convention on

June 8, 2013 at Pima Community College, Desert Vista Campus, Tuscon, Arizona.

8. I downloaded Exhibit B, LULACs constitution and bylaws from LULACs websiteon or about June 12, 2013. Because the document is lengthy, I deleted irrelevant pages using


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Exhibit A


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Exhibit B


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League of United Latin American Citizens

Join the Legacy

All for one One for all

R E V I S E D 2 0 0 8

The Constitution,

Bylaws,andProtocol


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The

Constitution,Bylaws,and

Protocolof the

League of United

Latin American CitizensAll for OneOne for All

Revised 2008


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TABLE OF COnTEnTsnatioal Preidet Foreword iii

COnsTITUTIOn

PREAMBLE ..................................................................................1Article ILEGAL PROVIsIOns ...............................................1

Section 1Name.....................................................................1Section 2Legal Status ..........................................................1Section 3Composition ......................................................... l

Article IIPHILOsOPHy ..........................................................1Article IIIAIMs & PURPOsEs ..............................................2Article IVMEMBERs ...............................................................3

Section 1General Members .................................................4a. Duties & Responsibilities ............................................4b. Rights & Privileges .....................................................4

Section 2Life Members .......................................................6a. Membership Certicate & I.D. Card...........................6b. National Dues ..............................................................6c. Council, District & State Dues ....................................6

Section 3Honorary Members ...............................................6Section 4Distinguished Members ........................................7Section 5Senior Members....................................................8

Article VAssOCIATEs ............................................................8Section 1National Associate ................................................8

a. Privileges, Duties & Responsibilities ..........................8b. Limitations ..................................................................9

Section 2Corporate Associate ..............................................9

Section 3Council Associate .................................................9Article VIORGAnIZATIOn sTRUCTURE ..........................9

Section 1The National Assembly ........................................9a. Denition & Composition .........................................10b. Powers .......................................................................10c. Sessions .....................................................................10d. Quorum .....................................................................10

Section 2The National Board of Directors ........................10

a. Denition & Composition .........................................10b. Powers .......................................................................11c. Limitations ................................................................12d. Meetings ....................................................................12e. Quorum .....................................................................13

Section 3The National Executive Committee ...................13a. Denition...................................................................13b. Composition ..............................................................13c. Powers .......................................................................14


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d. Meetings ....................................................................15e. Quorum .....................................................................15

Section 4The State Assembly ............................................15a. Denition & Composition .........................................15b. Powers .......................................................................15

c. Sessions ....................................................................16d. Quorum ....................................................................16

Section 5The State Executive Board .................................16a. Denition & Composition.........................................16b. Powers .......................................................................16c. Limitations ................................................................16d. Meetings ....................................................................17e. Quorum .....................................................................17

Section 6The District Assembly ........................................17a. Denition & Composition.........................................17b. Powers .......................................................................17c. Sessions .....................................................................17d. Quorum .....................................................................18

Section 7The District Executive Board .............................18a. Denition & Composition.........................................18

b. Powers .......................................................................18c. Meetings ....................................................................19d. Quorum .....................................................................19

Section 8The Local Council ..............................................19a. Afliated Unit of the League.....................................19b. Organization ..............................................................19c. Powers .......................................................................20d. Limitations ................................................................21

e. Responsibilities .........................................................21f. Meetings ....................................................................22g. Quorum .....................................................................22h. Application for LULAC Charter ...............................22

Section 9The Local Young Adult Council .........................22a. Afliated Unit of the League.....................................22b. Age Requirement.......................................................22c. Organization, Responsibilities, Limitations ..............23

Article VIILULAC yOUTH ..................................................23Section 1Legal Provisions & Status ..................................23Section 2Denition & Composition ..................................23Section 3Powers ................................................................24Section 4Limitations ..........................................................24Section 5Financial Provisions ...........................................25Section 6LULAC Youth Councils .....................................25

Article VIIInATIOnAL OFFICERs ....................................27Section 1Elective Ofcers .................................................27


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a. National President .....................................................27b. National Vice President for Women ..........................27c. National Vice President for Youth .............................27d. National Vice President for Young Adults ................27e. National Vice President for the Elderly .....................27

f. National Treasurer ....................................................27g. National Vice President Southwest ...........................27h. National Vice President Midwest ..............................27i. National Vice President Farwest ................................27j. National Vice President Southeast .............................27k. National Vice President Northeast ............................27l. National Vice President Northwest ............................27

Section 2Appointive Ofcers ............................................27

a. Secretary ....................................................................27b. Legal Advisor ............................................................27c. Parliamentarian..........................................................27d. Chaplain ....................................................................27e. Director of Publicity ..................................................28f. Sergeant-at-Arms .......................................................28g. Other Ofcers............................................................28

Section 3Immediate Past National President .....................28Section 4Qualications......................................................28Section 5Election of National Ofcers..............................29Section 6Tenure of Elected Ofce.....................................30Section 7Appointment of Ofcers.....................................31Section 8Impeachment/Removal of National Ofcers......31Section 9Duties & Responsibilities

of the National Ofcers .....................................33

a. National President .....................................................33b. Immediate Past National President ...........................34c. National Vice Presidents ...........................................34d. National Vice President for Youth .............................35e. National Treasurer .....................................................36f. National Secretary .....................................................37g. Legal Advisor ............................................................38h. National Parliamentarian...........................................38

i. National Chaplain ......................................................38j. National Director of Publicity ....................................39k. National Committees.................................................39

Article IXsTATE OFFICERs ................................................40Section 1Elective Ofcers .................................................40

a. State Director.............................................................40b. Deputy State Director................................................40c. State Treasurer ...........................................................40d. Deputy State Director for the Elderly .......................40


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e. Deputy State Director of Womens Activities ...........40f. Deputy State Director for Young Adults ....................40g. Deputy State Director of Youth .................................40

Section 2Appointive Ofcers ............................................40a. State Secretary ...........................................................40

b. State Legal Advisor ...................................................40c. State Parliamentarian.................................................40d. State Chaplain ...........................................................40e. State Director of Publicity .........................................40

Section 3Immediate Past State Director ............................40Section 4Qualications......................................................40Section 5Election or Appointment.....................................41Section 6Tenure of Ofce..................................................41

Section 7Impeachment/Removal of State Ofcers............41Section 8Duties & Responsibilities of State Ofcers........41

a. State Director.............................................................41b. Deputy State Director................................................41c. Immediate Past State Director ...................................42d. Deputy State Director of Womens Activities ...........42e. Deputy State Director of Youth .................................42

f. Deputy State Director for Young Adults ....................42g. State Secretary...........................................................42h. State Treasurer ..........................................................43i. State Legal Advisor ....................................................43j. State Director of Publicity .........................................43k. State Chaplain ...........................................................44

Article XDIsTRICT OFFICERs ..........................................44Section 1Elective Ofcers .................................................44

a. District Director ........................................................44b. Deputy District Director............................................44c. District Treasurer .......................................................44d. Deputy District Director for the Elderly ...................44e. Deputy District Director for Womens Activities ......44f. Deputy District Director for Young Adults ................44g. Deputy District Director of Youth .............................44

Section 2Immediate Past District Director ........................44

Section 3Qualications......................................................44Section 4Election & Appointments ...................................44Section 5Tenure of Ofce..................................................44Section 6Impeachment/Removal of District Ofcers........45Section 7Duties & Responsibilities of District Ofcers....45

Article XICOUnCIL OFFICERs .........................................45Section 1Elective Ofcers .................................................45

a. President ....................................................................45b. Vice President(s) .......................................................45


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c. Vice President of Youth .............................................45d. Secretary....................................................................45e. Treasurer ....................................................................45f. Parliamentarian ..........................................................45g. Chaplain ....................................................................45

h. Sergeant-at-Arms ......................................................45Section 2Appointive Ofcers ............................................45

a. Director of Youth Activities ......................................45b. Director of Publicity..................................................45c. Others ........................................................................45

Section 3Qualications......................................................45Section 4Election or Appointment.....................................46Section 5Tenure of Ofce..................................................46

Section 6Impeachment/Removal of Council Ofcers .......47Section 7Duties & Responsibilities of Council Ofcers ...47

Article XIIGEnERAL PROVIsIOns ..................................47Section 1The LULAC Code ..............................................47Section 2Motto ..................................................................48Section 3Emblem...............................................................48Section 4Seal .....................................................................48

Section 5Flag .....................................................................49Section 6Banner.................................................................49Section 7Membership Pin..................................................50Section 8Colors .................................................................50Section 9Prayer ..................................................................50Section 10Hymn ................................................................50Section 11LULAC News ...................................................51Section 12National Ofce .................................................51

Section 13Litigation ..........................................................52Article XIIIFInAnCIAL PROVIsIOns ..............................53

Section 1Revenue Sources ................................................53a. Charter Fees...............................................................53b. Membership Initiation Fees ......................................53c. Membership Dues .....................................................54d. Assessments ..............................................................54e. Donations ..................................................................54

f. Endowments ..............................................................55g. Sales ..........................................................................55h. Other Sources of Funds .............................................55i. Use fees and Assessment ...........................................55

Section 2Budgets ...............................................................55Section 3Disbursements ....................................................56Section 4Audits .................................................................56

Article XIVTHE COnsTITUTIOn & ByLAWs ................57Section 1Enabling and Repealing Provision .....................57


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Section 2Amendments .......................................................57Section 3New Constitution ................................................58Section 4Resolutions .........................................................58Section 5State & District Constitutions & Bylaws............59

ByLAWs

Article IRITUAL OF THE LEAGUE ...................................59Section 1Meetings .............................................................59Section 2Member Initiation Ceremony .............................60Section 3Installation of Ofcers ........................................63Section 4Graveside Prayer ................................................64

Article IICOnVEnTIOns .....................................................64Section 1Authority To Hold Conventions .........................64Section 2Selection of a Convention Site ...........................64Section 3Convention Arrangements ..................................65Section 4Delegates ............................................................66Section 5Agenda ................................................................67Section 6Convention Committees .....................................67Section 7Reports of Ofcers .............................................69Section 8Voting at Conventions ........................................69

Article IIIMEMBERsHIP DUEs ..........................................70Section 1National ..............................................................70Section 2Membership Initiation Fees ................................71Section 3Dues in Arrears ...................................................71Section 4State ....................................................................71Section 5District ................................................................72Section 6Local Council .....................................................72

Article IVCOnsTITUTIOnAL REVIsIOn

COMMITTEE .........................................................72

PARLIAMEnTARy PROCEDUREs

Article IORDER OF BUsInEss ...........................................72Article IIDUTIEs OF A PREsIDEnT ..................................73Article IIIOTHER OFFICIALs ............................................73

Section 1Vice President ....................................................73

Section 2Secretary ............................................................74Section 3Treasurer ............................................................75Article IVPRInCIPAL MOTIOns .......................................76Article VnOMInATIOns, ELECTIOns

& TERMs OF OFFICE ........................................78Article VIDECORUM ............................................................80

AnnUAL COUnCIL CHARTER AGREEMEnT ..................80

PROPER UsAGE OF LULAC sERVICE MARKs ................86


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1

CONSTITUTION OF THE LEAGUE OF

UNITED LATIN AMERICAN CITIZENS

Preamble

We, the members of this organization, with unfaltering faith inthe Divine Power of Almighty God and invoking His GraciousBlessings, do hereby ordain and establish this constitution to guidethe destinies of our League in accordance with the Philosophy andAims and Purposes herein set.

ARTICLE I

Legal Provisions

Section 1Name: League of United Latin American Citizens(LULAC) shall be the ofcial name of this organization and theone under which all business and activities of the constituted bodyshall be carried out. The word LULAC which is formed by ofcialabbreviated title of the League and may be used in lieu of the fullname of the organization in any and all instances where it is apropos.At no time may the name LULAC be written in other than capitalletters.

Section 2Legal Status: The League of United Latin AmericanCitizens shall be incorporated and chartered under the laws of eachof the states in which it operates as a civic and nonprot organizationand under the Federal laws of the United States of America.

Section 3Composition: The League of United Latin AmericanCitizens shall be made up of afliated councils which shall bechartered by the National Board of Directors under authority of theNational Assembly as set forth in this Constitution.

ARTICLE IIPhilosophy

We believe in the democratic principle of individual political andreligious freedom, the right of equality of social and economicopportunity, and in the cooperative endeavor toward the developmentof an American Society wherein the cultural resources, integrity anddignity of every individual and group constitute basic assets of theAmerican way of Life.

We believe that as American Citizens we must assume our duties


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and responsibilities and assert our rights and privileges in pursuit ofa fuller and richer civilization for our country.

We believe that education is the foundation for the cultural growthand development of this nation and that we are obligated to promote,

protect and assure the right of our people to an education that isin accordance with the best American educational principles andstandards; that we must deplore any infringement of this rightwherever it may occur and regardless of whom it may affect.

We accept that it is not only the privilege but the obligation of everymember of this organization to uphold and defend the rights andduties vested in every American Citizen by the letter and spirit of

the Law of the Land.

ARTICLE IIIAims and Pur poses

Based on the spirit of the philosophy of our League and havingunequivocal faith in its righteousness, we propose:

1. To use all constitutional means at our disposal toimplement with social action the principles set forth in ourphilosophy;

2. To foster the learning and uent use of the English languagethat we may thereby equip ourselves and our families forthe fullest enjoyment of our rights and privileges and theefcient discharge of our duties and responsibilities to ourcountry, but at the same time, exerting equal effort to fosterthe uent mastery of the Spanish language which is part ofour heritage and a means of extending the cultural horizonsof our nation;

3. To constitute the League into a service organization toactively promote and foster suitable measures for theattainment of the highest of our American society, and to

establish cooperative relations with civic and governmentalinstitutions and agencies in the eld of public service;

4. To exert our united efforts to uphold the rights guaranteedto every individual by our state and national laws and toassure justice and equal treatment under these laws;

5. To combat with every means at our command all unAmerican tendencies and actions that deprive Americancitizens of their rights in educational institutions, in


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economic pursuits and in social, civic and politicalactivities;

6. To maintain the League free of all involvement in partisanpolitics as an organization; however, we shall oppose anyinfringement upon the constitutional political rights of anindividual to vote and/or be a candidate upon at local, stateand national levels;

7. To oppose any violent demonstrations or other acts thatdefy constituted law and authority, desecrate the symbols ofour nation, and threaten the physical and spiritual welfareof individuals or institutions;

8. To promote and encourage the education of youth andadults through scholarships, the constant vigilance ofadministrative and instructional practices in schoolswhich deprive persons of educational opportunities, thesponsorship of classes in citizenship and other areas, andthrough the dissemination of information about availabletraining opportunities;

9. To make use of every medium of communication at ourdisposal and to exert our combined efforts to promulgateand propagate the principles of the League, and augmentits inuence and numerical growth;

10. To undergird the efforts postulated in our Aims andPurposes with the overall objective of creating among ourfellow citizens, through example and a mutual exchangeof concepts, an understanding and recognition of and an

appreciation for the dignity, worth and potential of theindividual.

ARTICLE IVMembers

All persons of either sex who are residents of the United States of

America, or citizens of the United States residing abroad, and areeighteen years of age or older, and whose loyalty to our countryis unquestionable, are eligible for membership in the League. Nocouncil at present, or in the future, shall deviate from this requirementor ask for more requirements to become a member of LULAC. Allother amendments pertaining to membership whether general orspecial shall be declared null and void. Any councils or personsfound denying a valid candidate for membership shall be impeachedby the district executive board by a majority vote. The guilty party of


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council may appeal only to the National Board of Directors.

Membership in the League may be effected through individualinitiated application to a local Council, the recommendation of amember in good standing, or in the case of certain types of membership

stipulated in Section 3 & 4 below, through the recommendation of aCouncil in good standing to the National Assembly or the NationalBoard or Directors.

Section 1General Members: Persons who fulll all qualicationsfor membership, are actively afliated with a local Council and havepaid the full assessment of local, district, state and national dues willbe enrolled as Members of the League.

a. Duties and Responsibilities:

(1) To participate in all meetings and activities of theirrespective councils;

(2) To abide by the Constitution and Bylaws establishedby the National, State and District Assemblies, andtheir local Council;

(3) To deport themselves in keeping with the Philosophy,Aims and Purposes and Code of the League;

(4) To exert their efforts individually and cooperativelyon behalf of those who need the help and protection ofthe League.

(5) To work for the extension of the membership and

services of the League within their respectivecommunities;

(6) To subordinate their personal feelings and desires tothe general welfare of the League;

(7) To refrain from using the name, facilities or inuenceof the League for political or personal aspirations oraggrandizement;

(8) To be alert to and report to the proper authority anyimproper use that may be made of the name, inuenceor facilities of the League by members or othersoutside the organization;

(9) To maintain their membership in force by paying theirdues according to the schedule set by the Council.

b. Rights and Privileges: All General Members in good


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standing shall be entitled:

(1) To the protection, counsel and guidance provided bythe League;

(2) To participate in all meetings and other activities

of their respective councils and to have access tothe facilities provided by said councils for theirmembership, subject to such regulations as may beestablished;

(3) To propose, discuss and vote on matters of interest toand for the welfare of the Council or League;

(4) To vote and be candidates for an ofce in their Council,

District, State or National Conventions, provided thatin the case of ofces at levels higher than their Council,they are certied as delegates to the conventions, havethe support of their respective Council, and otherwisefulll all requirements for the ofce sought;

(5) To receive upon being initiated as members, copies ofthe National and Council Constitutions and Bylaws,

Membership Certicates, Identication Cards andLULAC Pins whose cost shall have been covered bythe initiation fee as set by this Constitution;

(6) To receive a monthly issue of LULAC NEWS, theofcial literary organ of the League;

(7) To have their membership transferred to anotherCouncil upon written notication to their home Council

and the approval of the receiving one. Such transfermay be temporary or permanent and all details ofdues, honors, membership classication, etc. shall behandled by the secretaries of the respective Councils.However, at no one time can a member belong to twocouncils. The members council of record with theNational Ofce at the time of the conict will prevail.

(8) To appeal to their respective Councils and/or District,State and National Ofcers and Assemblies casesinvolving their suspension or expulsion as membersof the League or any situation which in their opinionconstitutes an infringement on their rights andprivileges as members of the League. Such appealsmust be in writing and present all details.


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Section 5State and District Constitutions and Bylaws: Stateand District Constitutions and Bylaws shall be amended or revisedgenerally or completely in the same manner as established in Sections2 and 4 above. Resolutions for District and State Assemblies shallfollow the pattern set forth in Section 4, above.

BYLAWSof the

LEAGUE OF UNITED LATIN AMERICAN CITIZENS

ARTICLE IRitual of the League

Section 1Meetings: The President and Staff shall take theirplaces when the hour set for the meeting has arrived and a quorumis present.

PRESIDENT: I declare this meeting duly convened and qualied toconsider and transact such business as may come before this Council.Let us rise and extend an invitation to our Chaplain to elevate the

Ofcial Prayer of our League, given as a tribute to the memory ofits author, the rst President of the United States of America andas an eminently pure expression of our devotion to America, ourCountry.

CHAPLAIN: Almighty God, who has given us this good land forour heritage, we humbly beseech Thee that we may prove ourselvesa people mindful of Thy favor and glad to do Thy will. Bless our

land with honorable industry, sound learning and pure manners.Save us from violence, discord and confusion; from pride andarrogance, and from every evil way. Defend our liberties and fashioninto one united people the multitudes brought hither out of manykindred and tongues. Imbue with the spirit of wisdom those to whomin Thy name we entrust the authority of government, that there maybe justice and peace at home, and that, through obedience to Thylaw, we may show forth Thy praise among the nations of the earth.

In the time of prosperity ll our hearts with thankfulness; in the dayof trouble suffer not our trust in Thee to fail; all of which we askthrough Jesus Christ our Lord. Amen.

PRESIDENT: We will now pledge allegiance to the Flag of ourcountry: I pledge allegiance to the Flag of the United States ofAmerica and to the Republic for which it stands: one nation underGod, indivisible, with liberty and justice for all. (The singing of theofcial hymn after the pledge is optional, but is recommended that it


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faithfully perform all the duties imposed upon me as an ofcer ofthe League of United Latin American Citizens by its Constitution,Bylaws, Protocol or by any resolution duly passed; that I shallzealously watch for the purity, progress and prosperity of the League;and that I shall set a good example of a true and loyal American

in my own life. So help me God. I further promise to deliver tomy successor in ofce all books, papers and other property of theLeague that may be in my possession at the close of my ofcialterm. All of this I solemnly promise, with the full knowledge that toviolate this pledge is to stamp me as a person devoid of principle anddestitute of honor.

PRESIDENT: By virtue of the authority vested in me, I hereby

declare that you have been duly installed in the respective ofces forwhich you have been elected. You will now proceed to your stationsand perform the duties imposed upon you.

Section 4Graveside Prayer: To be recited by the Chaplain orother ofcer at the grave of a departed member when apropos.The valiant have fallen and the lances of battle are lowered in

grief. Almighty God, we beseech Thy Blessings upon all theloved ones of our departed Brother (Sister) and pray that throughYour divine mercy, their grief may be consoled. Bless the leadersof our community, our State and our Nation. May the memory ofour departed Brother (Sister) serve as an inspiration to those of uswho live and pursue that which is acceptable in Your sight; may itencourage us to seek ways to improve the lives of our fellow men,and may it instill courage, light, determination and hope.

ARTICLE IIConventions

Section IAuthority To Hold Conventions: Annual conventionsof the National, State and District Assemblies may be held asauthorized in Article VI, Section l.c., Section 4.c., & Section 6.c.,respectively, of the National Constitution. All conventions shall be

held in the months stipulated in the Article and Section cited, at suchdates as the National Board of Directors, State and District Councilsmay determine, provided such dates fall on a weekend.

Section 2Selection of a Convention Site:

a. Any local Council or group of Councils in good standingmay bid for the right to host the National Convention.


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b. Bids to host the National Convention will be submittedto the National Board of Directors during their Februarymeeting, and shall include information regarding adequacyof hotel, convention, and transportation facilities, as wellas other information requested by the Board.

c. The board will name a threeperson Committee to evaluatethe sites and report at the National Convention.

d. The Convention Site Committee will present a report oftheir evaluation of each of the cities who have submitted abid immediately prior to opening the oor for nominationsite.

e. Only those cities which have been considered by theConvention Site Committee may be nominated.

f. The National Assembly will select the Convention site bymajority vote.

Section 3Convention Ar rangements:

a. Immediately after a Convention site is selected, the NationalOfce staff or a person or organization selected for suchtask by the National Executive Committee will negotiateand contract for the Hotel and Convention facilities.

b. The National Ofce will be responsible for all arrangementsincluding the housing of delegates, ofcers, and guests, andthe provision of adequate assembly and committee meeting

facilities.c. The National Ofce will coordinate the invitations to all

speakers, special guests, panelists and dignitaries, allowingthe Host Council a reasonable opportunity to include localand state personalities in the list of participants.

d. The National Ofce, or an organization selected forthis purpose by the National Executive Committee will

coordinate all exhibits, advertising, and other commercialparticipation at the Convention.

e. The National Ofce shall be nancially responsible for theConvention. Proceeds from the Convention shall be sharedwith the Host Council in the following manner:

(1) One third of all net income in excess of the registrationfee;


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(2) One third of all net income from Convention exhibitsand advertising;

(3) In addition, the Host Council will be entitled to sponsorone function on Thursday evening of the Conventionweek designed to attract large local participation, theproceeds of which will ensure to benet of the HostCouncil.

f. All other income from the Convention will be retained forthe benet of the National Organization.

g. The National ofce will make a special nancial reporton all Convention activities during the October National

Board of Directors meeting.h. Only accredited delegates registered at the Convention will

be allowed to vote. Registration fees for delegates may notexceed $20.

i. Admission tickets for business or social functions may besold separately or as part of a registration package at pricesset by the National Ofce.

j. Exemptions from the payment of registration fees will notbe allowed.

Section 4Delegates: Each Council in good standing shall havethe right to send as many delegates and alternates as it is entitled to,in accordance with their paid up membership as determined by thetable below:

MEMBERSHIP DELEGATES ALTERNATES10 (min. membership) 3 311 31 4 432 52 5 553 73 6 674 94 7 795 115 8 8116 136 9 9137 157 10 10158 and over, 1 delegate per each 30 additional members.

a. All delegates of a Council to any convention of the Leagueshall be elected at a regular meeting of which all membershave been advised with at least a two week notice. Elections

for delegates may be on a plurality vote with the top vote


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getters designated as delegates and the alternates beingdesignated as rst, second, etc., alternate on the basis ofthe number of votes received.

b. The delegation shall be headed by the Council President, orif unable to attend, by the Vice President or other selectedofcer.

c. The Council Secretary shall certify the delegates to theNational, State or District Secretaries in writing with acopy to the head of the delegation thirty days before theconvention date. The delegation shall present its certicationletter to the National, State, or District Treasurer at the timeof registration. Any delegate that is uncertied shall not be

allowed to vote. Such a provision may not be set aside bythe Assembly.

d. Councils organized less than thirty days prior to a conventionor whose charter has not been ofcially presented andapproved by the National Board of Directors, may senddelegations to a convention but without the right to vote.

Section 5Agenda:

a. The National Ofce shall report at each meeting of theNational Executive Committee and the National Boardof Directors the status of activities planned for theConvention.

b. An approved agenda that includes social and business

functions shall be sent to each Council within fteen daysof the last National, State or District Council meeting.

c. Councils, Ofcers and assemblies may have the right tosubmit suggestions of agenda items to the National Boardof Directors, State and District Council for its considerationin setting up the agenda.

d. The agenda for any convention shall be timed to end notlater than noon of Sunday, the last convention day.

Section 6Convention Committees:

a The following Convention Committees shall be nominated

Documents

COMPLAINT for TRO Cv2013-008731 Conformed 14jun2013