Video of the actions taken at the LULAC convention Assembly in New York City to elect national officers will show the legality of the election process, according to Paul "Pablo" A. Martinez, President of LULAC Council 120 in New Mexico.
By H. Nelson Goodson
July 15, 2014
New York, New York - On Tuesday, Hispanic News Network U.S.A. (HNNUSA) has learned that Darryl Morin, of Muskego, WI had resigned on Monday from his leadership position as LULAC Vice President of the Midwest after running unopposed and getting re-elected during the 85th LULAC National Convention in New York City. Morin is also a Board member of the Wisconsin Hispanic Scholarship Foundation, Inc. that sponsors the annual three-day Mexican Fiesta in Milwaukee. The LULAC National Board or the Executive Committee will fulfill Morin's vacancy. HNNUSA attempted to get a statement from Morin, but was unsuccessful.
News about Morin's resignation was first posted in a news letter by Paul "Pablo" A. Martinez, President of LULAC Council 120 in Las Cruces, New Mexico. On Monday, HNNUSA broke the news that Maggie Rivera, of Crystal Lake, Illinois had been elect LULAC National President after an alleged attempt was made by both outgoing LULAC National President Margaret Moran and Luis Roberto Vera Jr., Moran's appointed legal advisor and Election Judge to prevent Rivera from getting elected. Rivera defeated Roger C. Rocha Jr. from Laredo, Texas. Rivera became the first elected LULAC National President from the Midwest.
On Saturday, LULAC National had announced in a news release that it had postponed the National Elections due to a court order and failed to mention that Rivera had been elected LULAC National President. Vera Jr. when contacted on Tuesday told HNNUSA, "There is nothing I can say at this time other then there were no elections. As per the LULAC constitution the national officers stay status quo until all legal issues are resolved. No further comments will be forthcoming at this time."
A TRO order was granted in New York City to prevent both Moran and Vera Jr. from implementing an influence to circumvent the election process at the convention Assembly gathering and cancelling the election. Vera Jr. attempted to postpone the election of the national officers claiming that the TRO had restricted LULAC from conducting the election process. Delegates at the convention Assembly claim that the TRO didn't prevent an election process from taking place, but that it prevented both Moran and Vera Jr. from influencing the outcome.
A TRO order was granted in New York City to prevent both Moran and Vera Jr. from implementing an influence to circumvent the election process at the convention Assembly gathering and cancelling the election. Vera Jr. attempted to postpone the election of the national officers claiming that the TRO had restricted LULAC from conducting the election process. Delegates at the convention Assembly claim that the TRO didn't prevent an election process from taking place, but that it prevented both Moran and Vera Jr. from influencing the outcome.
This year, Moran and Vera Jr. required for registered delegates to have a valid photo ID to vote, which some said it was a voter suppression tactic and the LULAC National By-laws don't require it.
The following is the news letter provided by Martinez from Council 120 to its membership in Las Cruces. Martinez posted, "Over 1,600 delegates from across the country turned out in the "Big Apple" to vote for a new national president, as the League of United Latin American Citizens (LULAC), this nation's oldest and largest Hispanic membership organization celebrated its legacy of 85 years. The convention venue was excellent and outstanding for those wishing to visit New York City for the first time and make the annual conventions into a vacation and family reunion. Over the last four years, with the exception of the 2010, 2013 and 2014 conventions (non-contested election years), there has been a decline in participation from the legitimate long existing LULAC councils. There appears to have been a decline in the amount of exhibitors and even the Federal Training Institute. This granted, may be due to the budget austerities and the economy. Many of us, that truly believe in democracy, integrity and fairness have seen tactics over the last four years that have been unprecedented and both arbitrary and capricious. That is, with respect to abusing the Rule's Committee with rules not specifically following the National LULAC Constitution and By-laws and abusing the authority of the Legal Advisor requiring the 2/3 vote rule to overturn his or her authority. In the past years in question, many of us that were delegates to these conventions witnessed this abuse. The legal advisor and the election chair would not allow a proper count via a census count nor a division of the house to so determine whether or not there was a 2/3 vote to overturn the legal advisor's opinion. The elections judge and legal advisor would determine this with the naked eye and even admitted to this in an Arizona Court lawsuit Soto v. LULAC, et al that they did not take a division of the house or census count to determine if in fact there was not the 2/3 vote to overturn.
"At this year's National Convention, based on past practices at the CA, AZ, TX and National Conventions, coupled with concerns reported by the National Treasurer and dissidents (whistle blowers that were expelled by the totalitarian leadership) exposed some compelling allegations of sales of LULAC Housing facilities in 2008 and 2012. There were several news publications investigating this matter. Several of these concerned LULAC members did report to the appropriate law enforcement agencies the concerns. The NY and PR delegation (the two other largest delegations and with the most legal standing) felt compelled to prevent the perceived abuse of power displayed in previous elections. The NY LULAC State Director filed a temporary restraining order again the LULAC leadership; i.e., Margaret Moran and National LULAC legal Advisors from implementing specific rules that adversely impacted the outcome of the election. Evidently, this was done Friday, prior to the election by the NY Delegation where they obtained the Court Order. The Convention Elections Chair-Judge, Luis Vera reported prior to the Credentials Report that Mr. Baldomero Garza, National V.P. for the Southwest served the National President and the National LULAC Legal Advisor with a law suit and this will now cause a delay in the elections and the delegation would have to stay later because of the NY and PR delegations. The powers refused to allow Baldo Garza the right to speak on the rebuttal or essential facts. Soon thereafter, National President Margaret Moran came to the podium and accused the NY LULAC State Director for causing the problems and "suing LULAC". Both the National President and the LULAC legal advisors left. One of the legal advisors, Miguel Ortiz stayed back. The Credential Committee did come up to give a preliminary report.
"Over 1,600 delegates and National Officers were present. Ms. Yolanda Escobar provided the report. The majority of the delegates were from Puerto Rico, Texas, New York and Illinois. Ms. Escobar opened for challenges. Various delegation heads were approaching the microphones to present challenges. Meanwhile, Miguel Ortiz, the Texas LULAC Legal Advisor told the delegation that no challenges or actions could be made without the presence of the election's chair. This is erroneous because the credential committee chairwomen could have also presided or in absence of the National President or Committee Chair, the National V.P. for the SW (customary practice) could have also presided and allowed challenges. This egregious ruling was challenged and caused uproar with several hundred delegates. Baldo Garza was advised of his power. He attempted to exercise this power and the power that were cut off the microphones and stage lights. This was around approximately noon and Luis Vera returned to advise that he called a recess until 2:30 pm. This outraged the entire Assembly. Several legal observers were astonished that these individuals in power were not acting in good faith and appeared to be deliberately violating the conditions of the court order (TRO). NM LULAC State and District I officials were attempting to challenge the credentials of Council 34. Accordingly to the State Treasurer, Lynn Baca and Past District I Director Dennis Montoya, this council has not paid their state and district dues. The other challenge was the qualification of Ms. Patricia Roybal Caballero who is an elected official (member of the NM House of Representatives) was attempting to run for National Treasurer. The LULAC Constitution and By-laws prohibit any member serving in any LULAC elected or appointed positions whom are elected officials with the exception of School Board.
"This challenge was cut short when Mr. Luis Vera returned to the podium at 2:20 pm, claiming that because of the short notice of the court order they (the National President and Legal Advisors) decided to end the convention and suspend elections. This caused havoc and outrage within the delegation. Luis Vera and his entourage of security did order that the hotel staff cut off the microphones and back lights again. Half of the Texas and California delegations left. Some of the smaller states left because some of National Staff were threatening to call the police to have people arrested if they stayed. More than half stayed and were encouraged to remain calm and orderly.
"Over 800 delegates stayed to proceed with the convention. The constitution requires at least 1/3 of the delegation present to constitute an assembly. This was ½ of the delegates enumerated in the above referenced credentials report as opposed to the 1/3 required. The other requirement was that you need ½ of the National Executive Committee present to constitute a quorum. There are other factors to be considered that were unequivocally met. There are 13 positions. One of these Vice President's positions is vacant, which is the V.P. for the Northwest. This position has been vacant for several years due to the lack of certified states required to fill that position. You would then consider half of the 12 required for quorum of the National Executive Committee. Present were: Baldo Garza, SW VP; Carlos Elizardi, SE VP; Ralina Cardona, NE VP; Elsie Valdez Lizardi, VP for Women; Maggie Rivera, National Treasurer; Roman Rodriguez, National Youth President. Mr. Manuel Rendon, National VP for Young Adults did return during the calling of quorum, but left soon thereafter. Also present were several past national presidents: Ed Pena (1978-79), Belen Robles (1994-98); Rick Dovalina (1998-2002); and Hector Flores (2002-2006). Immediate Past National President Rosa Rosales address the delegation decrying this as a law suit against LULAC, accused Mr. Ray Mancera, her former National Parliamentarian and VP of the SW of not being an attorney and not able to give an opinion, but yet she was also criticized by delegates for trying to give a legal opinion. Baldo Garza is an attorney and spoke after her agreeing with Ray Mancera who was asked by the Executive Committee to act as parliamentarian. They were informed that the constitution requires that those 6-7 members present. They were visible by the Assembly and filmed. With this being obvious a quorum was declared. The National Executive Committee held a meeting (customary the VP of the SW or another in the chain of command in the absence of that VP). The Executive Committee elected Baldo Garza as the Presiding Chair. He then appointed Ms. Belen Robles, Past National President to preside over the elections. The delegation voted to seat the delegation based on the interim Credentials Committee report presented. The Rules with the exception of those identified in the TRO were adopted in order to be in compliant with the TRO. Elections were held and the following officers were elected: Maggie Rivera, National President; Carlos Lizardi, Treasurer; Baldo Garza, VP for SW; Benny Diaz, VP for Far-west; Darryl Morin, VP for Midwest; Ralina Cardona, VP for NE; Yvonne Quinones, VP for SE; Elzie Valdez Lizardi, VP for Women; Lucy Arce, VP for the Elderly, Stanley de la Cruz, VP for Young Adults, Ana Estrada Valenzuela, VP for Youth; and Puerto Rico for 2017 Convention Site.
"There will undoubtedly be more legal challenges. However, the video evidence that will be submitted in support of these elections will prove with a preponderance of the evidence that this was in compliance of the National Constitution and By-laws. We hope that all of the Staff will be on board are realize that this was done in pursuant to the National LULAC Constitution and By-laws.
"NM LULAC congratulates the newly elected national officers. We hope that this matter is resolved swiftly and promptly so that we can proceed on the bigger issues. The resolutions and amendments were tabled to the October full board meeting. The proposed amendments were in violation of the constitution because they were not sent out to all council presidents 30 day prior to the convention as required.
"Since the election, Mr. Darryl Morin resigned his position as National VP for the Midwest," Martinez wrote in a news letter for the LULAC Council 120 in Las Cruces, New Mexico.
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