2For your information, prior to the writing this opinion, I was incommunication with Mr. Zazueta. I requested that he provide anydocuments or other information he wished considered
withthis issue. Further, additional information from the LULAC membershipoffice was reviewed.Accordingly, it is my opinion that the charters of the newly formedcouncils whose charter applications or whose individual membershipapplications were endorsed or sponsored by Mr. Zazueta were improperly
issued, and are null and void.”
Our counter arguments are based on both the National LULAC Constitution and By-lawsand substantive law.1. Pursuant to Article VI, Section 8 (b) states:
"A local council may be organized under the sponsorship of an activeCouncil and/or any District, State or National Board of Director officer or any combination of these according to the procedures set forth below..."
In addition, subsection (b) (1) states:
"A group of not less than ten person ... desirous of forming a LULAC Council shall, on its own initiative or that of one of the possible sponsoring entities, stipulated above, meet and elect officers and otherwise constitute itself into an organized body
Mr. Escobar did not provide and Administrative- Constitutional or Written Directives tosupport that an organiz
ing officer must be a LULAC Member or Officer in “goodstanding”. The National LULAC Constitution is moot and silent on this assertion and not
accurate.As stipulated, Article VI, Section 8, subsection (b) (1), a council can form on its owninitiative. This section implies and establishes
the status of the council organizer may bean officer at any level (District, State, and National)
or a group of individuals who on their own initiative may, organize a council.
Mr. Escobar did not provide any specific historical or analogous information on past practices on this case and point, other than referring to what was believed to be the casein the previous administrations as alluded to in his opinion. Quite to the contrary, severalcouncils in unchartered states have been allowed to organize without the signature of anorganizing officer and in fact organized on their own volition as indicated above. When I