Fascism is the union of government with private business against the People.
"To The States, or any one of them, or to any city of The States: Resist much, Obey little; Once unquestioning obedience, at once fully enslaved; Once fully enslaved, no nation, state, city, ever afterward resumes its liberty." from "Caution" by Walt Whitman

Saturday, September 8, 2012

Republican Party members take over and illegally operate Latin American organization LULAC

"Benigno "Bennie" Diaz of LULAC–PIAMF"
2012-09-08 by JB Tucker, posted at [link]:
Benigno “Bennie” Diaz

There are certain low levels of stupidity that to be properly described require a cross-cultural definition.  My term for the lowest level of stupidity is P.I.A.M.F., or Pendejo Ignorant Ass Mother Fucker.  The latest antics of California League of United Latin American Citizens (LULAC) State Director, Bennie Diaz, puts him squarely in this category.  My regular readers should know by now that I am careful with language and when I use the term “antics,” I really mean it, especially if they’ve ever had any contact with Benny. 
After numerous attempts over the years of jockeying for the top spot in California LULAC, Bennie finally benefited from the events surrounding a Republican takeover of LULAC on the national level, financed by the pro-Republican government of Puerto Rico.  At the California State Convention of LULAC, Bennie “won” the election over the incumbent by ten (10) votes.  Promptly the day after the election, a check written on the corporate account of Santa Ana Security Services for forty (40) delegate seats (that voted for Bennie) had a stop put on the check.  Enough said on the legitimacy of his election.

Male Chauvinist Pig Par Excellence!
Here is just one of a number of incidents in which Bennie has proven himself to not simply be a pig, but just plain boorish in his manners.
Shortly after his election as State Director, he calls a LULAC council president and calls her mamacita.  At some point he asks her if it’s okay to call her mamacita and in no uncertain terms, she tells him NO!  Aside from being a LULAC council president at the time, she’s also a longtime member of the National Organization for Women (NOW) and a member of the board of San Fernando Valley/Northeast Los Angeles NOW Chapter.  What’s Bennie’s response?  After asking permission to continue calling her mamacita and being told by her not to, he continues to do so throughout the entire conversation.  The council president as you can imagine, was steaming!

LULAC Operating Illegally in California -
When I first came into LULAC after a long, long history of involvement with other Chicano/Latino causes and organizations, I found that in California, the California organization had been a suspended corporation since 1958 and that National LULAC had been a suspended foreign corporation in the state since the early 60′s.  After a long, drawn out process, we finally got California LULAC back in good standing with the Secretary of State and the Franchise Tax Board.
After all that hard work and effort, Bennie comes in and the first thing that happens with his administration is, well, NOTHING.  He doesn’t bother to file any of the paperwork he’s supposed to file and the corporation gets suspended again…..and it still is suspended to this day.
Under California law a suspended corporation is not supposed to transact business other than acts necessary to get out of suspension.  So every dime raised by Bennie, every telephone call made by Bennie, and every email he sends in the name of LULAC for some purpose other than to get the entity out of suspension has been done in violation of California law.  This doctrine goes back in California at least to 1922, when it was held that  a suspended corporation may not prosecute or defend an action in a California court. (Ransome-Crummey Co. v. Superior Court [54 Cal.App.4th 1366] (1922) 188 Cal. 393, 396-397 [205 P. 446].  In 1997 a court ruled in Timberline, Inc. v. Jaisinghani, (1997) 54 Cal. App. 4th 1361 that a suspended corporation is disqualified from exercising any right, power, or privilege including prosecuting or defending an action, or appealing a judgment.

Sabotaging the Movimiento -
So, while LULAC is a suspended corporation operating illegally in California (it was also suspended nationally as a Texas corporation, a fact it had been hiding, for years prior to unlawfully holding its New Mexico national convention where the Puerto Rico takeover was orchestrated), Bennie has had the unmitigated gall to call unions and other institutions demanding they pull out of the Associacion Latina De Asistencia (ALDA) Conference slated for September 14-15 at Los Angeles Mission College in Sylmar.  He makes these calls and emails on behalf of LULAC, threatening to get an injunction in court against the groups putting on the conference, which will feature such notables as California Federation of Labor head Art Pulaski, Los Angeles County Federation of Labor chief Maria Elena Durazo, Los Angeles Community College Trustee member Nancy Pearlman, and many other distinguished guest speakers.

Exactly What Doesn’t Bennie Get?
When I used to serve as Parliamentarian for California LULAC and head of its Civil Rights Commission, I repeatedly, in Bennie’s presence at state board meetings, explained the ramifications and legalities of LULACS initial status as a suspended corporation.  Unless it went in one ear and out the other (which anybody who has talked to Bennie for more than 20 seconds knows to be very, very possible), Bennie has no excuse whatsoever for his attempting to sabotage this important conference.  By doing so, he is violating his duty of loyalty, his duty of care, his duty of reasonable inquiry, and his fiduciary duty to LULAC, along with state law.
You know what else I bet?  I bet that the California Attorney General’s unit which oversees non-profits, which effectively persecuted California LULAC for years based upon obviously bogus and self serving accusations while it was at least in good standing with the Secretary of State and Franchise Tax Board, will do absolutely nothing about his transgressions because it would be too embarrassing to admit that it was previously manipulated by Bennie’s crew into undermining the leadership which had done its best to comply with state law, enabling Bennie to “win” the State Directorship.

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