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Proposed Amendments to the LULAC National Constitution

In accordance with Article XIV of the LULAC National Constitution and Bylaws I am submitting to each council in good standing a copy of the proposed amendments to the LULAC Constitution that was submitted to LULAC National Office 60 days prior to the 2010 LULAC National Convention. The 2010 LULAC National Convention will take place in Albuquerque, NM from July 12—17, 2010 and the National Assembly will vote on the amendments on Saturday, July 12, 20010. I would like to give special thanks to Past LULAC National President Belen Robles for chairing the amendments committee, collecting the amendments and preparing them to be sent to the councils.

  1. Amendment 1: Article IV Members

    Current reading:
    All persons of either sex who are residents of the United States of America, or citizens of the United States residing abroad, and are eighteen years of age or older, and whose loyalty to our country is unquestionable, are eligible for membership in the League. No council, at present or in the future, shall deviate from this requirement or ask for more requirements to become a member of LULAC

    Amend to read:
    All persons of either sex who are residents of the United State of America, or citizens of the United States residing abroad, and are eighteen years of age or older, and whose loyalty to our country is unquestionable, are eligible for membership in the League. Exception, a person convicted of a violent felony crime will be ineligible for membership in LULAC. No council, at present or in the future, shall deviate from this requirement or ask for more requirements to become a member of LULAC.

    Submitted by Belen Robles, President, LULAC Council 9.

  2. Amendment 2: Article VIII, Section 4 Qualifications: All National Officers, whether elected or appointed, must: Subsection (d)

    Current reading:
    Not have served in the same office, whether intermittently or consecutively for more than four years.

    Amend to read:
    Not have served in the same office, whether intermittently or consecutively for more than four years, except for the National Secretary and the National Legal Advisor.

    Submitted by Belen Robles, President, LULAC Council 9

  3. Amendment 3: Article VIII, Section 5 Election of National Officers subsection (a):

    Current reading:
    All candidates for an elective office must have their name submitted by their Local Council to the National Executive Committee sixty days prior to the National Convention. The National Executive Committee shall inform the Local councils of the announced candidates through LULAC News or other expedient medium of communication. A candidate for national office must be supported by the entire delegation of his council.

    Amend the last sentence of the paragraph to read:
    A candidate for national office must be supported by a majority of the delegation of his council.”

    Submitted by Rita D. Gonzales-Garza, Deputy District Director, District VII, Austin, TX. Council 4877

  1. Amendment 4: Article VIII, Section 8 (b) 1, 2,3,4,5,6,7,8 and 9:

    Charges against a member or officer may be brought by a Local Council, a member, or another officer, following the guidelines below:

    (1) Charges must be in writing, sworn to by the individual or council and giving the name of the accused and the details of causes;
    (2) Charges against Officers at District, State and National levels and Local Councils shall forward their charges directly to the National President. Charges against members shall be presented at the council level;
    (3) If the accused is the National President the charges shall be forwarded to the National Treasurer or any National Vice President;
    (4) The National President or the National Treasurer or any National Vice President, upon the receipt of the charges, shall inform the accused and schedule a hearing for he next meeting of the National Board of Directors;
    (5) If the National Board of Directors determines that there is reasonable cause to support the charges, the case will be dismissed and all references to the charges will be stricken from the record;
    (6) If the National Board of Directors determines that there is reasonable cause to support the charges, the National Officer shall be removed from office and this decision will be final;
    (7) If the National Board of Directors determines that the accused should also be expelled from the League, the accused shall have the right to appeal this decision to the National Assembly;
    (8) The decision of the National Assembly rendered by a majority vote shall be final;
    (9) The accused shall have the right to legal counsel at the hearing before the National Board of Directors and the National Assembly.

    Whereas impeachment and suspension under the provision of Article VIII give no timelines and no due process by which the accused is allowed to, at the very lease, address the charges brought against him/her, the following proposed amendment is being submitted:
    Article VIII, Section 8, subsection b (1) the (9)

    (1) Charges must be in writing, sworn to by the individual or council and giving the name of the accused and the details of cause within ten(10) working days (to exclude Saturdays, Sundays and Federal holidays)of the alleged infraction. No action is to be taken against the accused member, thereby entitling them to all the rights and privileges of any member in good standing until the National Board makes it’s final decision on the charges and the appeal process has been exhausted.*(*exceptions shall include financial misconduct and criminal charges. In such charges, the accused shall still have the same rights of the appeal but financial books will be frozen and criminal charges shall supersede any decision of the National Board).
    (2) All charges being brought against the accused member shall be presented to the accused within 10 working days of the charges being submitted. The accused member shall be allowed to address each charge in writing and be allowed to submit evidence and rebuttal statements to a formal committee to be assembled by the National President within 10 working days of the charges being brought before the accused member. The National President shall form the impeachment/suspension committee within 10 working days of the formal charges being brought against the accused member.
    (3) The impeachment/suspension committee shall consist of no more than or less than five (5) members in good standing. The accused member has the right to submit two (2) members to take part in the formal impeachment/suspension committee. All submitted members of the accused member to the committee shall be directed to the National President in writing within ten (10) working days of the date of being presented with the charges. The formal impeachment/suspension committee shall review the evidence presented with the charges. The formal impeachment/suspension committee shall review the evidence presented by both parties and make formal recommendations to the National Board within ten (10) working days. NOTE: Article VIII, subsection b (2) and (3) will be replaced by the preceding amendment and the subsequent sections remain intact with the exception 2 becomes 4, 3 becomes 5, 4 becomes 6, etc for a total of 11 sections within Article VIII, Section 8, subsection b.
    (4) Charges against Officers at District, State and National levels and local councils shall forward their charges to the National President. Charges against members shall be presented at the council level.
    (5) If the accused is the National President, the charges shall be forwarded to the National Treasurer or any National Vice Presidents;
    (6) The National President, the National Treasurer or any National Vice President, upon the receipt of the charges, shall inform the accused and schedule a hearing for the next meeting of the National Board of Directors.
    (7) If the National Board of Directors determines there is reasonable cause to support the charges, the case will be dismissed and all reference to the charges will be stricken from the record;
    (8) If the National Board of Directors determines there is reasonable cause to support the charges, the National Officer shall be removed from office and this decision will be final;
    (9) If the National Board of Directors determines the accused should also be expelled from the League, the accused shall have the right to appeal this decision to the National Assembly;
    (10) The decision of the National Assembly rendered by a majority vote shall be final;
    (11) The accused shall have the right to legal counsel at the hearing before the National Board of Directors and the National Assembly.

    Submitted by Rodolfo Rosales, President, Council 4483 

   
 
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