SILENCE OF THE LAMBS No Voice at the AGIF National Convention

Like lambs being led to slaughter. The most evident facts is that most AGIF members and Board of Directors are not being made aware of the full extent of impeached AGIF National Commander Alberto Gonzales conduct and do not know their own AGIF National Constitution. Most of Gonzales tenure has been devoted to having Antonio Morales, Gil Rodriguez and Paul Herrera being re-instated to the AGIF after they were permanently expelled. Unfortunately, we have the AGIF lambs being led in a path of self-destruction because of raving lunatics such Tina Cruz, the AGIF of Texas Inc., State Chairwoman whom by all accounts is a convicted felon. Secondly, Angel Zuniga, AGIF National Vice-Commander and AGIF of Texas Vice-Commander political puppet for Gonzales and his cronies, has no idea or understanding of the AGIF National Constitution. Nevertheless, AGIF members who may not know their membership funds are being used to pay for Gonzales and the Executive Boards legal defense in lawsuits filed against them, are being misled by these lamb herders. Cruz who knows nothing about any trial proceedings; or was present during the hearing of Dr. Hector P. Garcia AGIF Organization of Texas v. Gonzales and the Executive Board, via a trance was babbling that Judge Stryker had informed the Dr. Hector Organization that we were finished in terms of proceeding with our lawsuit. Cruz is not aware that this lawsuit is going to trial. Regardless of the truth, Cruz was named in an internal complaint filed within the AGIF and the investigative committee found the complaint to have merit. Rather than process the complaint, Gonzales and the Executive Board moved not to renew my membership for the purpose of denying the processing of my complaint against Cruz. Hence, Cruz continues to be allowed to mislead, misdirect and simply lie about facts of which she has no knowledge of. Nevertheless, Cruz and the AGIF of Texas Inc., benefitted from the Dr. Hector Organization not being recognized and denied membership; even when this fact is obvious Cruz was allowed to vote as a National Board of Directors on issues relevant to the Dr. Hector Organization lawsuit. The question is: doesnt the National Board of

Directors have enough sense to recognize this matter sufficiently enough to know that yet another lawsuit can be filed. As for Angel Zuniga, this individual doesnt know an apple from an orange. I say this because first: the AGIF National Constitution does not have any appeal rights after a complaint has been found to have no merit. Zuniga, keep in mind is the AGIF National Vice-Commander. AGIF National Constitution Article V Section 3 is clear: the National Board shall cause an investigation of the charges and pursuant thereto shall appoint an Investigative Committee of three AGIF members from any AGIF Organization level for the purpose of investigating the complaint/charge. After such investigation, the Investigative Committee findings will be reviewed with the National Commander, the National Chairwoman and the National Youth Chair, with the aid of the National Executive Director/Administration Manager. They will determine whether or not the complaint has merit. So when Zuniga announced that all complaints filed against Gonzales and other were dismissed because the complainants did not submit any evidence and the lawsuits did not prove anything. Well, low and behold and lambs were slaughtered without any question by those AGIF National Board of Directors present during Zuniga announcement on the complaints. Note: the reason Zuniga took the place of Gonzales was because there were complaints filed against Gonzales. Most of the allegations against Gonzales were associated to his conduct related to the Dr. Hector Organization lawsuit and the lawsuit in Travis County. Therefore, it was of great political benefit for Zuniga; Alicia Rodriguez, AGIF National Chairwoman; and the AGIF National Youth Chair vote to have all complaints dismissed. Keep in mind Zuniga; Alicia Rodriguez, AGIF National Chairwoman; and the AGIF National Youth Chair are Defendants in the lawsuit filed by members and Chapters of the Dr. Hector Organization. Hence, they had a conflict of interest in participating in any vote related to the complaints filed against Gonzales. But this the constitutional issue, the AGIF National Constitution Article V Section 3 is a contradiction which allows for conflicts of interest and retaliation by those who make the final decision on complaints. It raises the question as to why appoint an investigative Committee if the ultimate decision on whether a complaint has merit is left to three other individuals,

in this case with three individuals who had a conflict; had a personal interest in the outcome of their vote; and benefitted personally from their vote. This makes them liable but also makes the AGIF National Board of Directors liable because they have the responsibility of assuring that an equitable and fair due process of internal complaints is provided. In this instant the entire AGIF National Board of Directors could be sued by any individual who had their complaints arbitrarily dismissed. There is a misnomer within the AGIF and its membership. The AGIF is not a Veterans organization. I hate to burst everyones bubble but this is a fact. The AGIF was charted under United States Code TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle II - Patriotic and National Organizations Part B Chapter 210. The following are significant in terms of the actions and conduct of Gonzales, the Executive Board and inactions of the National Board of Directors: 1. 36 USC 21002 - Sec. 21002. Organization (a) Federal Charter. American GI Forum of the United States (in this chapter, the "corporation"), a nonprofit corporation incorporated in Texas, is a federally chartered corporation. (b) Expiration of Charter. - If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. 36 USC 21003 - Sec. 21003. Purposes (a) General. - The purposes of the corporation are as provided in its bylaws and articles of incorporation and include - (1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens; (2) upholding and defending the Constitution and the United States flag; (3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all; (4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin; (5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government; (6) combating all practices of a prejudicial or

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discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and (7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. (b) Corporate Function. - The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas. Note: these provisions are exactly what the AGIF National Constitution Article II provides as the Purpose of the AGIF-which mentions nothing about Veterans rights. ALL these Purposes are civil rights initiatives. 3. 36 USC 21004 - Sec. 21004. Membership Eligibility. - Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. (b) Nondiscrimination. - The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. 36 USC 21005 - Sec. 21005. Governing body (a) Board of Directors. - The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. (b) Officers. - The officers and the election of officers are as provided in the bylaws and articles of incorporation. (c) Nondiscrimination. - The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. 36 USC 21011 - Sec. 21011. Powers-The Corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. 36 USC 21007 - Sec. 21007. Restrictions (a) Stock and Dividends. The corporation may not issue stock or declare or pay a dividend. (b) Distribution of Income or Assets. - The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. (c) Loans. - The corporation may not make a loan to a

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director, officer, employee, or member. (d) Claim of Governmental Approval or Authority. - The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. 7. 36 USC 21008 - Sec. 21008. Duty to maintain corporate and taxexempt status (a) Corporate Status. - The corporation shall maintain its status as a corporation incorporated under the laws of Texas. (b) Tax-Exempt Status. - The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). 36 USC 21009 - Sec. 21009. Records and inspection (a) Records. The corporation shall keep - (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and (3) at its principal office, a record of the names and addresses of its members entitled to vote. (b) Inspection. - A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. 36 USC 21010 - Sec. 21010. Service of process-The Corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

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10. 36 USC 21011 - Sec. 21011. Liability for acts of officers and agentsThe Corporation is liable for the acts of its officers and agents acting within the scope of their authority. 36 USC 21002-Sec. 21002 is clear, the AGIF is incorporated in the State of Texas; and 36 USC 21011-Sec. 21011 establishes that the Constitution and Bylaws filed, in this case Texas, must be followed. There all applicable incorporation laws of Texas related to the powers and authority of the AGIF National Board of Directors are further defined in TEXAS BUSINESS ORGANIZATIONS CODE TITLE 2-CORPORATIONS CHAPTER 22. NONPROFIT CORPORATIONS. Texas BOC Title 2 Chapter 22 Sec. 22.221-GENERAL STANDARDS FOR DIRECTORS provides a person seeking to establish liability of a director must prove that the director did not act: (1) in good faith; (2) with ordinary care; and (3) in a manner the director

reasonably believed to be in the best interest of the corporation. Acts 2003, 78th Leg., Ch. 182, Sec. 1, eff. Jan. 1, 2006. Surely, in this case the arbitrary dismissal of the complaints by Zuniga, Rodriquez and the Youth Chair could be proven to have individual liability in terms of conflict of interest. The fact that Zuniga may have mentioned the lawsuits in making and/or as a reason for dismissing the claims is reason enough for the entire AGIF National Board to investigate this matter before they face another potential lawsuit. 36 USC 21011-Sec. 21011 above establishes the liability issue as well, in relation to the Zunigas, Rodriguez and the Youth Chair. The AGIF National Constitution Article III Section 3 D clearly establishes the authority and powers of the National Board of Directors: Besides as hereinafter specified, the National Board shall act as an ultimate judicial body of the AGIF-US, inasmuch as appeals taken under Article V Sections 5C and 6M hereof shall be heard by such body, which shall act as a court of last resort. Its decision shall be final. Such body shall also provide impetus and direction to the AGIF-US expressed through any matter on which a vote is taken, which shall carry by simple majority. The National Board shall make ordinary, administrative, perfunctory type decisions at the national level on a final basis and without National Conference approval. All other decisions of such body, such as those affecting fundamental change or basic policy, shall be made in the way of recommendations to the National Conference, which Conference may either veto in part or in whole a particular decision and silently allow such other decisions to stand and be considered as ratified. Thus, Zunigas position that there is an Appeal on complaints he, Rodriguez and the Youth Chair dismissed is an actual change to the AGIF National Constitution. Additionally, all decisions made by the Executive Board and National Board of Directors on denying membership to the Dr. Hector Organization and allowing the use of funds to pay for Zunigas, Gonzales and the rest of the Executive Boards legal defense is not an ordinary, administrative perfunctory type decisions, and such decisions must have obtained approval from the entire National Conference. Gonzales testified in a court proceeding that he read the minutes at the National Conference held in New Mexico and that the National Conference

approved the minutes-however, the AGIF Constitution is clear on this presentation. AGIF National Constitution Article III Section3 D is clear-any action/decision made at the AGIF Mid-Year Conference shall be made in the way of recommendations to the National Conference, which Conference may either veto in part or in whole a particular decision, reading of the minutes as testified to by Gonzales is not a recommendation to the National Conference. Thus, any reasonably minded person given the opportunity, including at a jury trial, will determine that Zuniga and other National Board of Directors could be held liable for their actions and conduct related to arbitrary decisions which places the entire AGIF National Board of Directors in compromising positions to face potential lawsuits. Given the facts, and supportive law; it was the right of several National Board of Directors to censure the Executive Board and Impeach Gonzales. There is no quorum required when Board of Directors are protecting the interest of the Organization and its membership; and limit their liability for not taking any actions as a matter of record. There is sufficient evidence (over 100 Exhibits submitted in the National Board v. Gonzales and the Executive Board) for those Board of Directors to invoke 36 USC 21002 Sec. 21002. Organization (a) Federal Charter which by way of letter to the Senate and House Judiciary Sub-Committee on Immigration, Refugees and Homeland Security (which oversees Congressional Charters) can show that Gonzales, the Executive Board and some National Board of Directors have failed to comply with provision of U.S.C Title 35 21 Chapter 210 and move to have the AGIFs charter revoked. Further, a quorum is composed of those present and Texas BOC provides instances in which no notification is required on business undertaken in the interest of the organization. For all purposes, Gonzales is IMPEACHED and expulsion proceedings as determined by several AGIF National Board of Directors were justified as a result of Gonzales recent conduct and actions related to the agreement he made with Morales, Rodriguez and Herrera to have them re-instated. Gonzales was fully aware that in the pleadings filed by the National Board of Directors, specifically claim No. 45. which asserted the following: Plaintiffs assert that the proper procedure for Antonio Morales, Paul Herrera and Gil Rodriguez to present and argue that administrative procedural errors occurred during their respective expulsion proceedings

was to appeal the final decisions rendered by the AGIF National Board to a court of proper jurisdiction and hence, have the court make an adjudication on the issue(s) and not at the Defendants 2011 Mid-Year National Board Conference held in Omaha, Nebraska on March 9-12, 2011. The Pleadings of this lawsuit should have been provided to the entire AGIF National Board of Directors, including the Pleadings of the lawsuit filed by the Dr. Hector P. Garcia Organization. Where Zuniga and the others claim complainants did not submit sufficient evidence, all AGIF National Board of Directors should have asked Gonzales for a copy of the Exhibits and his answers to Discovery, which alone are extremely detrimental to Gonzales and the Executive Board. Further, the entire Pleadings filed by the National Board addresses in detail the conflict of interest of the Executive Board and the AGIF of Texas Officers, and as noted in the recent Impeachment notice given to Gonzales. These Pleadings can and should be entered into evidence to support the Impeachment of Gonzales and the censure of the Executive Board. Until the AGIF National Board of Directors, as a whole, stops the slaughter of the lambs-the legacy of Dr. Hector and his organization, the AGIF. The silence of the lambs is an indication that the AGIF leadership and its membership are willing to allow the use of Dr. Hectors name and his organization for personal political and financial gain. Take charge, if not; the continued filing of lawsuits will be the end result. Peter Vallecillo Director/Founder Southwest Institute on Poverty and Civil Rights P.O. Box 17264 San Antonio, Texas 78217 Tele.210-824-4598 Fax.210-824-0384