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Cynthia Valadez-Mata Jr. [] Friday, August 23, 2013 8:22 PM Fwd: Request for Emergency LULAC State Board Meeting

-----Original Message----From: Domingo <> To: Miguel Ortiz <> Cc: Cynthia Valadez-Mata Jr. <>; eliarmendoza <>; texaslulac <>; lulacdistrict12 <>; marylramos <>; marycanales50 <>; csmarti101 <>; florindachavez <>; aaliyah504 <>; rlh0812 <>; anmoolivares <>; agsonny35 <>; gloriassasser <>; rmvillasana <>; vbtena <>; rapidruben <>; herlinda.segura <>; jejaques1 <>; bnymtz <>; lulacdistrict11 <>; razagavino1 <>; pepegamez74 <>; arturogutierrez23 <>; ltorres <>; archvasquez <>; oggiedoggie <>; hcarrillo29 <>; mahmartin <>; rwwilson <>; hflores <>; rdovalina <>; ray <> Sent: Fri, Aug 23, 2013 7:13 pm Subject: Re: Request for Emergency LULAC State Board Meeting To quote the French police captain in the movie Casa Blanca, I am shocked , just shocked that Mr. Ortiz would once again make or attempt to give another illegal opinion onTexas Lulac and constitution . If you may recall he was the attorney at the state convention who said Linda Chavez could not run, just last week a federal judge in El Paso said he was wrong. This is the same attorney who then said Rene Martinez could not run because he did not have the correct nominating signatures, again he ruled wrong. Now on the eve of the meeting he sends a memo saying its not called properly. This is pero pedo and banana republic politics. Stop meetings, rig elections, give bogus legal opinions, typical movidas of our current leadership. It's sad to see Lulac subject to this abuse. My firm will provide free legal representation to all board members. My opinion is that mr. Ramirez is a member and the meeting can proceed. Domingo Garcia On Aug 23, 2013, at 6:37 PM, Miguel Ortiz <> wrote: Dear Board Members of Texas LULAC: Madam State Director Elia Mendoza asked me to render my opinion concerning the request for an emergency meeting send by Cynthia Valadez-Mata. On her request, Ms. Valadez-Mata cited in relevant part from the Constitution the potion that may empower the State Director and/or Members of the Board to call for an emergency meeting, if and when Texas LULAC might be facing one, as follows: According to Article VI, Section 5(d), "in case of an emergency situation, the State Director, OR a minimum of 1/3 of the members of the Executive Board, may call a

special meeting with 72 hour notice of the State Executive Board, advising the members by the quickest means of communication". However, right before Section 5(d) of Article VI, on page 16, under Section 5 (a) of the same Article VI we find the composition of the State Executive Board as follows: (1) The State Director; (2) The Deputy State Director; (3) The Deputy State Director for the Elderly; (4) The Deputy State Director for Women; (5) The Deputy State Director for Young Adults; (6) The Deputy State Director for Youth; (7) The State Treasurer; (8) The Immediate Past State Director; (9) The District Directors; (10) Appointed Officers-State Secretary, State Legal Advisor, State Parliamentarian, State Chaplain, and State Director of Publicity (all without vote). In accordance with the article above and the one quoted by Ms. Valadez-Mata, then the 1/3 quorum of the Executive Board for calling an emergency meeting is: 12 members. Some of you may argue that the members under number 10 above do not count (as they are non-voting members) and therefore 1/3 of the board is 10. Such argument is wrong as the Constitution makes the distinction of quorum to call an emergency meeting and quorum to conduct the meeting. See Article VI, Section 5(e) one third of the voting members of the State Executive Board shall compromise a quorum to transact business. Under Article VI, Section 5(d) cited by Ms. Valadez-Mata the requirement is - "in case of an emergency situation, the State Director, OR a minimum of 1/3 of the members of the Executive Board; which clearly makes a distinction between voting members to actually conduct business versus member to call the meeting. After reviewing the attached signature page to the memorandum send by Mr. Valadez-Mata, it was noted that 10 signatures were accompanying the memorandum. After further review it was also noted that Mr. Ruben Ramirez is no longer a member of the Executive Board which bring the number of signatures to 9. Therefore, if any one would like to argue that the non-voting members shall not count, then the notice fails by one vote. However, because the Constitution makes the distinction between the 1/3 of members to call the meeting and the 1/3 of voting members to conduct business, then the notice is short by 3 signatures. Furthermore, please be advised that the fact that you use the words emergency meeting within the notice, such mentioning does not automatically triggers the emergency provisions of the Constitution. It is my opinion that sending such notice without the specificity of the type of emergency that the organization is facing or could be facing is not sufficient to entitle anyone to call such meeting at the expense of others. As such, the notice send to all members of the Board for the emergency meeting for August 24, 2013, is not in compliance with the requirements under the Constitution and holding a meeting outside the authority of the Constitution is not binding to Texas LULAC or its members. The holding of such meeting is outside the scope and the authority of those who would be attending. Please note that if the 9 members who sign the notice or any other member of LULAC would want to hold a meeting in Austin on August 24, 2013, or any other day, then such meeting is not and would not be sanctioned and/or sponsored under the

formalities of Texas LULAC or its Constitution. Any attempts to invoke any rights or titles or to declare any binding resolutions, mandates, or acts using Texas LULAC or any similar appearance would be in violation of the Constitution. Respectfully yours Miguel A. Ortiz Please note that because of times constrains and the need for the immediate release of this email I didnt revised the contents of this email for grammar of punctuation errors. From: Cynthia Valadez-Mata Jr. [] Sent: Wednesday, August 21, 2013 2:01 PM To:;;;;;;;;;;;;;;;;;;;;;;;;;; Cc:; Miguel Ortiz;;;; Subject: Request for Emergency LULAC State Board Meeting Dear Texas LULAC Board Members,

Attached you will find a request for an emergency State board meeting to take place this Saturday evening here in Austin at the Wyndham Garden Hotel. The hotel is located on the northeast intersection of IH-35 and Woodward St. just north of Ben White Blvd (Hwy 71). Please let me know how many people will be able to attend as soon as possible in order to make final arrangements with the hotel. Details for reservations, if needed, are included in the attached letter. I look forward to seeing each of you this weekend as we move forward in Texas LULAC. Unidos Podemos! All for One - One for All, Cynthia Valadez-Mata LULAC District VII Director