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HomeMy WebLinkAbout15 - Council Member Nichols CommentsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 July 8, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY ATTORNEY Robert Burnham, City Attorney; (949) 644 -3131; rburnhamCcDcity.newport- beach.ca.us SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION ISSUE: Should the City Council adopt a resolution disapproving of comments made by Council Member Richard Nichols and requesting his resignation? RECOMMENDATION: None DISCUSSION: On June 24, 2003, the Mayor requested the July 8, 2003 agenda include an item regarding the comments made by Council Member Nichols "to a Daily Pilot reporter" regarding his position regarding a component of the proposed City project to make certain improvements to Corona Del Mar State Beach. In those comments, Council Member Nichols stated he was opposed to increasing the amount of "grassy area" because "Mexicans" monopolize the use of those areas. The Mayor's request was followed by comments from five Council Members disapproving of the comments and requesting the resignation of Council Member Nichols. In response to this request, I have prepared a resolution that (a) reflects the comments made by Council Members on June 24, 2003; and (b) contains information relevant to City of Newport Beach Disapproving Comments July 8, 2003 Page 2 the whether the comments of Council Member Nichols were statements of fact or reflected a bias towards persons of Hispanic origin. In preparing the draft resolution (copy attached), I reviewed the information that has been published, and the testimony the City Council has received, relative to comments made by Council Member Nichols concerning persons of Hispanic origin. I reviewed a tape recording of the meeting that was referenced by Lloyd Ikerd during his testimony on June 24, 2003 and during which Council Member Nichols allegedly opposed construction of a school on the Banning Ranch property because Latinos would attend and Caucasians would not. In fact, the comments by Council Member Nichols at that meeting did not express a position on the construction of the school but did represent Council Member Nichols' understanding of the reasons why the developer did not intend to construct the school. Environmental Review: None required. Prepared & Submitted by: TURE Burnham, City Attorney Attachments: Resolution RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION SECTION 1: The City Council of the City of Newport Beach finds and declares as follows: A. On November 5, 2002, Council Member Richard Nichols (Nichols) was duly elected to the Newport Beach City Council. Nichols was seated as a member of the City Council after taking the oath of office during a ceremony conducted on December 10, 2002. In taking the oath of office, Nichols, like every member of the City Council, swore to uphold the Constitution of the United States and the Constitution of the State of California. B. On October 22, 2002 and during the regular meeting of the City Council, Nichols testified during a discussion of the crosswalk at the intersection of Iris and Coast Highway in Corona Del Mar. During his testimony, Nichols stated that a "Mexican" driver caused an accident at that intersection by stopping without good reason. When questioned later by the media, Nichols reportedly said "What I have a problem with is illegal aliens with special rights demanding special treatment" and said he witnessed the accident and saw "this guy getting out of his car and yelling and demanding special treatment." When asked about the national origin /ethnicity of the driver, Nichols said "I have no reason to believe he was illegal ... I was just pointing out that he was Hispanic." C. During his campaign for City Council, Nichols made a statement during at least one candidate forum that implied "Mexicans" improperly cause accidents and then collect money from the victims. D. On June 17, 2003, Nichols, in discussing a proposed City project to construct improvements on State -owned property at Corona Del Mar State Beach that involve, among other things, an increase in the width of a grass strip between the sand and parking lot, told a reporter from the Daily Pilot that: "With grass we usually get Mexicans coming in there early in the morning and they claim it as theirs and it becomes their personal, private grounds all day." E. In a conversation with Mayor Bromberg shortly after the June 17th comments, Nichols, in discussing his earlier October 22 "d comments concerning the accident at Iris and Coast Highway, confirmed that while he couldn't be sure that the person was a "Mexican" it probably was "because it's the Mexicans that do these phony accident rings and rip off the white people in CDM." F. Nichol's comments on June 17, 2003 have generated local and regional print and broadcast media coverage, numerous letters to the local newspaper and testimony from individuals representing Hispanic organizations during the public comment section of the June 24th meeting of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1: FINDINGS The City Council finds that: A. Nichols has made comments on numerous occasions that clearly demonstrate a racial or ethnic bias against people of Hispanic origin. The comments have impugned the integrity of people of Hispanic origin and have stereotyped people of Hispanic origin as individuals engaged in illegal activity or who are unlawfully present in the United States. B. Nichols' comments regarding "Mexicans" taking over the "grass" at Corona Del Mar State Beach evidence an intolerance of the lawful use of public property by people of Hispanic origin rather than mere observations or statements of fact. C. Nichols' comments suggesting he would not support increasing the amount of grass at Corona Del Mar State Beach evidence an intent to consider the racial or ethnic background of persons using public property or facilities in his decisions regarding City projects and those considerations are contrary to Constitutional, statutory and decisional law. D. The frequency and consistency of Nichols' comments regarding "Mexicans ", his apparent failure to understand that the comments do reflect a racial or ethnic bias, and his unwillingness to tender any formal apology to persons of Hispanic origin, Newport Beach residents or the City Council, even in light of the controversy he has generated, clearly reflect an intolerance of persons of Hispanic origin, rather than a poor choice of words or a slip of the tongue. E. The Members of this City Council do not have confidence that Nichols will perform his official duties without regard to the race, color, national origin or ethnicity as required by the Federal and State Constitution as well as Federal and State statutes. SECTION 2. ACTIONS Based on the findings contained in Section 1, the City Council takes the following actions: 2 A. The City Council, and each of the Members voting to approve this Resolution, extends their deepest apology to people of Hispanic origin and all other persons who were rightfully offended by Nichols' remarks B. The City Council, and each of the Members voting to approve this Resolution, fully and completely disapproves of Nichols' remarks regarding people of Hispanic origin and any discriminatory intent or meaning that was conveyed or implied. C. The Members of the City Council voting to approve this Resolution respectfully request that Council Member Nichols tender his resignation for the good of the City and to restore faith in the commitment of the City of Newport Beach, its elected officials and employees to perform their duties without regard to the race, color, national origin or ethnicity of persons who work or live in Newport Beach and persons who visit Newport Beach for business or pleasure. ADOPTED this day of July_, 2003. Steven Bromberg, Mayor ATTEST: LaVonne Harkless, City Clerk K RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION IF HE UNWILLING OR UNABLE TO ABIDE BY HIS OATH OF OFFICE SECTION 1: The City Council of the City of Newport Beach finds and declares as follows: A. On November 5, 2002, Council Member Richard Nichols FNiehels} was duly elected to the Newport Beach City Council. Nichols was seated as a member of the City Council after taking the oath of office during a ceremony conducted on December 10, 2002. In taking the oath of office, Councl Member_Nichols, like every member of the City Council, swore to uphold the Constitution of the United States and the Constitution of the State of California. B. On October 22, 2003 and during the regular meeting of the City Council, Nichols testified during a discussion of the crosswalk at the intersection of Iris and Coast Highway in Corona Del Mar. During his testimony, Nichols stated that a "Mexican" driver caused an accident at that intersection by stopping without good reason. When questioned later by the media, Nichols reportedly said "What I have a problem with is illegal aliens with special rights demanding special treatment" and said he witnessed the accident and saw "this guy getting out of his car and yelling and demanding special treatment." When asked about the national origin /ethnicity of the driver, Nichols said "I have no reason to believe he was illegal ... I was just pointing out that he was Hispanic." C. During his campaign for City Council, Council Member Richard Nichols (Nichols) made a statement during at least one candidate forum that implied "Mexicans" improperly cause accidents and then collect money from the victims. D. On June 17, 2003, Council Member Nichols, in discussing a proposed City project to construct improvements on State -owned property at Corona Del Mar State Beach that involve, among other things, an increase in the width of a grass strip between the sand and parking lot, told a reporter from the Daily Pilot that: "With grass we usually get Mexicans coming in there early in the morning and they claim it as theirs and it becomes their personal, private grounds all day." E. In a conversation with Mayor Bromberg shortly after the June 17th comments, Nichols, in discussing his earlier October 22nd comments concerning the accident at Iris and Coast Highway, confirmed that while he couldn't be sure that the person was a "Mexican" it probably was because it's the Mexicans that do these phony accident rings and rip off the white people in CDM. F. Council Member Nichol's comments on June 17, 2003 have generated local and regional print and broadcast media coverage, numerous letters to the local newspaper and testimony from individuals representing Hispanic organizations during the public comment section of the June 24`h meeting of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1: FINDINGS The City Council finds that: A. Nichols has made comments on numerous occasions that clearly demonstrate a racial or ethnic bias against people of Hispanic origin. The comments have impugned the integrity of people of Hispanic origin and have stereotyped people of Hispanic origin as individuals engaged in illegal activity or who are unlawfully present in the United States. B. Nichols' comments regarding "Mexicans" taking over the "grass" at Corona Del Mar State Beach evidence an intolerance of the lawful use of public property by people of Hispanic origin rather than mere observations or statements of fact. C. Nichols' comments suggesting he would not support increasing the amount of grass at Corona Del Mar State Beach evidence an intent to consider the racial or ethnic background of persons using public property or facilities in his decisions regarding City projects and those considerations are contrary to Constitutional, statutory and decisional law. D. The frequency and consistency of Nichols' comments regarding Mexicans, his apparent failure to understand that the comments do reflect a racial or ethnic bias, and his unwillingness to tender any formal apology to persons of Hispanic origin, Newport Beach residents or the City Council, even in light of the controversy he has generated, clearly reflect an intolerance of persons of Hispanic origin, rather than a poor choice of words or a slip of the tongue. E. The Members of this City Council are obligated by-law to perform their duties cons ten with-he Federal and State Constitution and_sTatufea and are committed to abide by ii�ath of officen�he_performaa��of official duties. F The Members of this City Council and this community must have confidence that-all Members -mill consis ently-perform the aidu_ties without reQaEd -o the race color national origin or ethnicity as required by the Federal and State Constitution as well as Federal and State statutes 2 SECTION 2. ACTIONS Based on the findings contained in Section 1, the City Council takes the following actions: A. The City Council, and each of the Members voting to approve this Resolution, extends their deepest a olo iz ,. o . ..�„ f � n a +� P 9 oerset -"4e -the remarks of Council Member Nichols to all persons who construed those-rem _arks as evidence that he woul"c nsider ethnicity, race or national origin in the performance of his official duties or as evidencing a prejudice or ias agains-t people of Hispanic on in ^ Figh+f fl ^ffende ' by Nichols' remarks B. The City Council, and each of the Members voting to approve this Resolution, €triiy and ea pletely -- disapproves of Council Member Nichols' remarks regarding people of Hispanic origin to the extent those remarks evidenced and -any intent or desire to perform his official duties with reaard to the race. ethnicity or national_ origin_ of any_- persen_ e id aced an intolerance or prejudice o spanic C. The Members of the City Council voting to approve this Resolution believe that Fespeet#ttlly-reguesFthat Council Member Nichols should tender his resignation for the good of the City and to restore faith in the commitment of the City of Newport Beach if he is unable or unwilling to commit that he will perform his _official d_ uties_; its eleet,d- effjeia4s- end- emoeyeee -te--peFfefff +4heiF- dt+ties- without regard to the race, color, national origin or ethnicity of persons who work or live in Newport Beach and persons who visit Newport Beach for business or pleasure. ADOPTED this day of July_, 2003. Steven Bromberg, Mayor ATTEST: LaVonne Harkless, City Clerk "RECEIVJD SIFTER AGENDA PRINTED:" 1 1 S Newport Beach City Council Meeting July 8, 2003 I would like to begin by thanking the members oft e cq ncil >for -#v. me the opportunity to express myself this evening. I have never been to a Newport Beach City Council meeting before. What prompted me to attend were the recent news articles that I have read in the Orange County Register regarding- Council Member Richard Nichols and his "racially insensitive remarks ". I personally went to Corona Del Mar State Beach this past Sunday afternoon to see first hand what all the fuss was about. Let me state that the first thing that struck me was the breathtaking beauty which your city possesses in this jewel of the Orange County Coast! I had not been to this beach since the mid seventies, and had forgotten what a nice spot it was. I use the term was because of the inordinately large number of Mexicans at the beach, both on the lawn areas above the beach, and down on the beach itself. I made a comment to my friend who accompanied me about all of the illegal aliens present. This was overheard by one group in particular, who rudely declared, "What are you going to do about it, call the police ?" So much for there being any doubt as to the legal status of this particular group of Mexicans. As I continued to stroll the blufftop grass areas, I noticed that English was scarcely heard. Instead, Spanish language conversations were predominant, broken by the irritating blast of Mexican music blasting from boomboxes. The recurrent threatening stares as if to say "What are you doing at our beach? " amazed me as I walked along this otherwise idyllic setting. When I consider what the allegations against Councilman Richard Nichols are, I have to wonder. Had the councilman used racial slurs to describe the situation which has become a heartbreaking reality at Corona Del Mar State Beach, then perhaps this outcry from the Mexicans would have a leg to stand on. Describing a group of Mexicans as, well, a group of Mexicans, does not strike me as being racially insensitive. Nichols simply stated the obvious in a considerate and sensitive manner. If there is an elephant in the living room, it is perfectly acceptable to state that there is one. Anything else is just a sick form of denial. Any form of censorship cast on Councilman Nichols is a direct violation of his 1" Amendment Constitutional rights. In America, remember, we are guaranteed the right to freedom of speech. As far as I see it, the rest of the City Council should be applauding his honesty and restraint. The emperor has no clothes everybody. Your beach has been overrun by Mexicans, many of whom are in our country illegally. It has become common to call these criminals merely undocumented workers. This phrase ignores the truth, they are criminals and should be treated as such. Newport Beach should be sweeping the beaches not just of trash and litter but of the criminal element as well. I urge the council to ask the police to adopt a zero tolerance policy for lawless behavior, to arrest and deport those who are in our country illegally. As far as racially insensitive remarks, perhaps we should instead be looking at groups such as Mecha & La Raza, or "The Race" to us English speaking folks. The amount of Anti - American rhetoric and anti -anglo hate speech emanating from these groups would turn your stomach if you knew what they were saying. Have a look at their websites if you don't believe me. Just imagine for a moment the reaction which would occur if a group of ordinary folks joined a political action group named "The Race ". Unbelievably, it is perfectly acceptable when coming from the minds and mouths of racist Mexicans. What is racially insensitive to me is the fact that I am expected to endure a litany of sacrifices in order to appease a growing group of "hard workers" who have entered my country illegally. On the subject of "Hard Workers ", just because someone works hard does not entitle him to break the law with impunity. Take yourselves for instance. You work hard, but if you break the law, you know that you will be held accountable. Why should it be any different when you are a Mexican who has entered our country illegally? As I am sure that you are well aware, Newport Beach, as well as my own home town, will soon be facing massive budget shortfalls. This is due in no small part because we as a state are forced to pay tremendous sums of the taxpayer's money to provide governmental services to illegal aliens. Money I might add, which would much better be spent at the local level. Weather it be food stamps, welfare, education, health care, in- state college tuition, subsidized housing, increased law enforcement costs, or overcrowded prisons, all of these take away from the City coffers. These are all expenses which these "hard workers" saddle California with. Have you had to wait for hours at the hospital emergency room yet because the line of illegals got to be treated first? I have. Have your health insurance premiums individually, and at a corporate level, been going through the roof lately? Mine have. It doesn't take a genius to figure out why. Who else is going to pay for the millions of uninsured illegal aliens. But alas, they are hard workers, doing the jobs that I used to work at after school and on weekends as a teenager while maintaining a 3.8 GPA. Back then, it was safe to eat at most restaurants. Today, the food that you do not cook for yourself has most likely been prepared by someone who has not received inoculations as a child, who has not been health screened, and who could well be transmitting an infectious disease to you. Getting hungry yet? This is yet another way that this cultural diversity benefits our society. We now have a return of tuberculosis, Hansen's disease (that's leprosy), and skyrocketing levels of both Hepatitis A & B. You might want to ponder that on your next meal out. Isn't diversity great? But, I digress. I did not come here to speak of the overburdened infrastructure, the strained sewer system, offshore pollution, rising crime rates, graffiti, or a lower quality of life than that what I grew up with in Orange County. I came here to speak in support of Councilman Nichols, to commend him on stating the obvious, and perhaps, to ignite a spark in the individual consciences of the rest of those elected to serve the will of the City of Newport Beach. The emperor really does have no clothes folks, & it's high time that all of us stand up and take notice. The time to try to appease an increasingly hostile and outspoken group of racist illegal alien criminals is over. It is now time to stand up for America, for what you know in your heart to be true. Instead of punishing Mr. Nichols, you might just want to ask yourself, "Why wasn't it me who had the courage to stand up for what is right ?" Thank you, & may God Bless America! "RECEIVED AFTER AGENDA PRINTED:" # k 5 17-8-03 40 NEWPORT BEACH FIREFIGHTERS ASSOCIATION Post Office Box 1695 • Newport Beach, California 92663 Office: 949. 646 -0533 Loca13734 l.11_ _3 June 30, 2003 The Honorable Steve Bromberg, Mayor City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Dear Mayor Bromberg, I write on behalf of the Newport Beach Firefighters Association in support of you, your council colleagues and the public in calling for the resignation of Councilman Richard Nichols. As firefighters, we serve the public without regard to class, ethnicity, religion or any other factors that create a diverse community. It is our strong belief that an elected official can be no less colorblind. During Mr. Nichol's campaign for City Council, he made statements to members of the Newport Beach Firefighters Association that reflect the broad record regarding his views on race. Those views are one of the factors that went into our decision not to support his candidacy. We know it sometimes takes courage to stand up for what is right. The Newport Beach Firefighters Association stands with you and your fellow council members in urging the resignation of Mr. Nichols from the Newport Beach City Council. Rich Thomas, President Newport Beach Firefighters Association Date Copies Sent To: p -Mayor ❑ Council Member ❑ Manager ❑ Attorrny ❑ t– 1 ❑ ❑ — ❑ - Atfilhated whh Interndtional Associaron of Fire Fighters • California Professional Firetighters • AFL -CIO • California labor Federation Mayor Steve Bromberg Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Steve, Louise S. Greeley 16 Swift Court Newport Beach, CA 92663 •,; :. "RECEIVED AFTER A ENDA PRINTED:" :1 -- ` .. Mexifornia' Is a Tragedy in the Making" :17 July 5, 2003 This headline in the Opinion Section/Op Ed page of last Sunday's L.A. Times jumped out at me. For the past several weeks I have been saddened by the media coverage and the Newport Beach City Council conversation about "mexican." It does seem to me a tragedy that our newly elected City Council has been drawn into such a discordant situation that one of the new Councilmen is being challenged to resign or be threatened with recall. Prof. Victor Davis Hanson, in his op /ed piece has succinctly stated some of the challenges regarding illegal Mexican immigrants that are mounting in Southern California. He wrote: "The California electorate, of all ethnic backgrounds, is fed up with the current fiasco, even if it's not talked about in polite conversation. People are fearful of being labeled racist or perhaps "nativist" or protectionist. "It isn't healthy for a citizenry to feel one thing and then say another — nursing frustrations in private that one day will explode when tapped by demagogues of both right and left." Now, I do not condone racist attitudes or racist remarks. However, Councilman Dick Nichols had the moral courage to state reasons why he thought certain improvements at Corona State Beach should not be funded. Unfortunately his choice of words made it sound racist. But he did say what many others may have thought. And he has been quoted as say- ing his full conversation with the Daily Pilot reporter, June Casagrande, was not reported. Careful perusal of the rest of Professor Hanson's insights could be useful for the well -being of the City Council and our very special city. Cordially, Phone (949) 631 -1475 Fax: (949) 645 0065 E -mail: louisesg g pacbell,net ALLIANCE FOR BORDER ENFORCEMENT (Imperial Beach. CA) AMERICANCIn2EN8 TOGETHER (Alhambra, CA) AMERICAN CIVIL RESPONSIBILITIES UNION (Anaheim, CA) AMERICAN NAT'L COUNCIL California Coalition for Immigration Reform -_ P.O. Box 2744 -PMB -117 - Huntington Beach, CA 92649 _ Phone: (714) 665 -2500 Fax: (714) 846 -9682 - - WebSite: www.cCiLnCt E -Mail: barb( CClr.11et "RECEIVED AFTER AGENDA 01- 0"7- 7) ci PRINTED—"#S 9-2-03 ti Ah - ,., -1 !1 GENERA-TED BY FEDERAL "IRCA? &rpEControl Act ,tImmierxtioe- for IMMIGRATION REFORM SLIAG (State Legislated Immigrant Assistance Grants ) g (Washington, D.C.) ANTI4ORIME TASK FORCE to Hermandad Mexicana Nacional (Anaheim, CA) ARIZONANS FOR IMMIGRATION REFORM Tc.a.r AZ) 19871 $ 31900,082 ASIAN - AMERICANS for BORDER CONTROL (Sylmar, CA) 1988/89— not available BAY AREA COALITION for IMMIGRATION REFORM (San Francisco, CA) 1999190 -- $ 6,287,179 BLACK AMERICANS _ for FMILY (Hann g[on 8 achECA) 1990/91 -- $ 9,334,515 BORDERS (A 1991/92 -- $ 8,298,198 CALIFORNIANS AN S far IMMIGRATION CONTROL (Anderson, CA) 1992/93-- $ 4,014,802 CCIR II- VENTURA CO. (thousand oaks, CA) CITIZENS for ACTION NOW 1993/94— $ 215623 (Orange County. CA) FLA-1 87 COMMITTEE 1994/95— $ 664,015 (P mp no Beach, FL) FLORIDIANS for CONTROL MMIay 1995/96-- $ 1 701 220 ( Delray Beach, I, 7 IMMIGRATION CONTROL ADVOCATES of 1996/97— $ 2 091.450 NORTHERN CALIFORNIA A' - (San Rafael, CA) IMMIGRATION RFM NET- Q (]Q $36,313,084 WORK OF SILICON VALLEY (Los Gatce. CA) ' LATINO - AMERICANS for IMMIGRATION CONTROL (Salinas, CA) Please see excerpts from newspaper articles on the reverse side. MIDCITIES IMMIGRATION REFORM ADVOCATES (Preemtt. AZ) Research into federal and state grants for English and citizenship classes reveals that SLIAG MONTEREY BAY granted over $36 million to Hermandad Mexican Nacional for these years. ACTION COMMITTEE I (Belmont" CA) The final excerpt on the reverse side (San Diego Union Tribune) refers to Hermandad as MONTEREY BAY ACTION COMMITTEE II "financially troubled" and "deep in debt ". An organization has to provoke very serious (Salinas, CA) suspicions to be financially troubled" and "deep in debt" after having received what they OHIO COALITION for IMMIGRATION REFORM report was over SM million in grants. (Columbus, OH) PATRIOT CITIZENS (Warm, PA) We include in this package other newspaper articles, including one from the Orange County SAN DIEGO COUNTY Register (May 11, 2001) reporting that the California Department of Education filed a $17 TAXPAYERS (Alpine, CS million lawsuit against Hermandad Mexican Nacional for the return of $7 million in TAXPAYERS ACTION improperly documented grants plus another $10 million in punitive damages. NETWORK (Fountain Valley, CA) Hermandad Mexicans Nacional has brought busloads of people (immigrants? illegal aliens ?) TEXANS FOR FAIR IMMIGRATION into Anaheim City Council meetings and threatened the City of Anaheim with massive IMMIG . TX) TEXANS FOR demonstrations if the INS agent is not removed from the city jail. They also threatened more REFORM demonstrations if that Council considered the California Coalition for Immigration Reform's (HOU1sto TX) WE STAND READY I request to discuss Section 133 of the U.S. Code authorizing local law enforcement to (Huntington Beach, CA) cooperate with the INS. Now they bring their demonstrations to Newport Beach. Hermandad Suspended Tax Board Says" -- Orange County Register Nov. 16, 2000 The suspension was handed down in August. "if they're continuing to operate in the same manner they were perating before they were suspended, they are doing so unlawfully." In 1998, the state Department of Education rdered Hermanded's offices here and in Los Angeles to return more than $4.3 million in state grants after auditors rund record - keeping problems ... the department is still trying to retrieve the money. -- Los Angeles Times Dec. 29, 1996 At least 19 legal residents who were in the process of becoming citizens said they registered to vote at Hermandad ffices before they were sworn in. Those 19 residents also said they cast ballots Nov. 3 in the 46th Congressional listrict, where Democrat Loretta Sanchez narrowly defeated Rep. Robert K. Doman. he 19 Hermandad students who were interviewed by the Times said that after they passed the Immigration and laturalization Service test or interview, they were approached by someone in Hermandad's Santa Ana office who urged iem to register to vote and apply for an absentee ballot. Lopez conceded that the students voted before becoming itizens... State audit accuses immigrant classes -- leport says fake records could mask misuse of millions" - Examiner Capitol Bureau, #34 Several community groups also are being investigated by the FBI and the U.S. Department of Education for allegedly iisusing the federal adult education money. Those probes arose after Hermandad Mexicana National of Orange 'ounty was accused of registering non - citizens to vote in a hotly contested 1996 congressional race. Eastin (California ,.mot. Education) has cut off funding to Hermandad and asked for $4.3 million in grants to be returned. Eastin's staff .as approving funding levels that the immigrant groups clearly couldn't staff. Hermandad, for example, was warded 21 million student hours in 1997 -98, enough to provide 200 classes with 50 students each all year 3ng. Hermandad only listed 42 classes on its application. Los Angeles Times 1996 46 former clients, who were pursuing U.S. citizenship with Herrnanedad's help, said Hermandad workers told them Tat they were eligible to fill out registration cards, despite the fact that they had not yet become citizens. Several said 'iey were upset to learn later that Hermandad may have misled them. INS halts interviews at Hermandad sites" -- Orange County Register, Dec. 31, 1996 Investigators are probing a Hermandad flier that offered a drawing for a new car to encourage people to register vote or use other Hermandad services. The flier was withdrawn after the group was told it was illegal to offer some - hing of value in exchange for registering or voting. In interviews with the Register last week, Hermandad clients said rganization workers assured them they could register to vote before being sworn in as citizens. At least 30 clients aid they registered weeks before being sworn in ... it is a felony to falsely attest on voter affidavits to being a citizen. Noncitizen says, 'No one told us we couldn't vote' " Santa Ana resident says Hermandad Mexicana lacional helped her and other ineligible immigrants nea's> ter Orange County Register (client) had filled out a voter registration form at the Santa Ana office of Hermandad Mexicana National the day of er interview, which was held there. An Hermandad staffer, she said, was seated at a table when she emerged, helping hose who had passed their interviews to register to vote. (client) said an Hermandad staffer told her to write down her aturalization date on her voter registration form, but she left it blank since she didn't know when the ceremony would ,e. She said she left her registration form — with just her signature, address and phone number — at the Hermandad ffice. She said no one told her she would be ineligible to vote until she was sworn in. Latino group dunned for 34.3 million - misuse of education grants alleged by state" pan Diego Union Tribune July 1, 1998 The state Department of Education yesterday demanded that the financially troubled Hermandad Mexicana National :9gal Center repay $4.3 million worth of federal adult education grarrts, citing fraudulent claims and other long - tanding problems ... the Hermandad grant was renewed last year, despite a recommendation approved by Eastin (state chools chief) that Hermandad = be funded again. The U.S. Department of Education investigators, accompanied by 'BI agents, are interviewing a number of officials at the California Depart-ment of Education, which administered ?deral adult education grants totaling $38 million last year. Latino legislators pressured reluctant state officials into Beginning to use federal adult education grants for English and citizenship classes in 1994, according to Department of iducation memos. Hermandad's executive director, Bert Corona, lobbied department officials for the grant program, hreatening harassing audits by legislators and picketing. A department letter said Hermandad is deep in debt nisused a $400,000 federal Health and Human Services grant and violated the trust of its employees by failing to use Loney withheld from paychecks to pay state and federal payroll taxes. Because Hermandad filed claims for eimbursement of payroll taxes while knowing that the payroll taxes were not being paid, 'this activity could and houtd be considered as filing fraudulent claims for reimbursements," said the letter. Hermandad MPxicana Nacional Legal Center PAGE 1 of 2 E1N - 33- 0284711 FORM 990 - (1988) PAFC II, Line 43f - Other Expenses Ground Transportation 21,249 Newspaper Ad Cotmissions 10,111 Contributions 38 1� Court Costs and Fees '1;239 License & Permits 223 Outside Services 12,082 Professional Services 153,189 Miscellaneous 175 Total 198,306 PAKP I, Line lc - Goverrmient Grants State Department of Education (IRCA) 3,787,861 State Career Opportunity Development 87,366 State General Fund- Health Grant 24,855 3,900,082 PART ZI, Line 42 - Depreciation and PART V, Line 57 - Depreciable Assets Date Accumulated Useful Assett Acquired Cost Depreciation Method Life Current Land 6/89 167,545 -0- N/A N/A -0- Building 6/89 556,247 -0- S/L 25 -0- Office Equip Various 1,031,137 97,481 S/L Various 90,118 Total 1,754,929 97,481 PAFS V, Line 64, Mortgages and Other Notes Payable Mortgage Payable 606,147 90,118 1, % w" rn — HERMANDAD MEXICANA NACIONAL LEGAL CENTER, INC. EIN 33- 0284711 FORM 990(1989) PART I, LINE 1C- GOVERNMENT GRANTS NAME OF FUNDING SOURCE --------------------------------------- CALIF. DEPT. OF EDUCATION(IRCA) CALIF. STATE CARREER OPPORTUNITY GRANT NEW YORK DEPT. OF EDUCATION(IRCA) TOTAL AMOUNT $6,139,443 29,783 117,953 $6,287,179 PART II, LINE 42- DEPRECIATION AND PART IV, LINE 57- DEPRECIABLE ------------------------------------- ASSET DATE ACC /DEP COST LAND 6/89' - - -0 - -- 167545 BUILDING 6/89 23683 592063 EQUIPMENT VARIOUS 314401 1396325 TOTALS $ 338084 2155933 ASSETS ------------------ - - - -- -- METHOD LIFE CURRENT YR N/A - -N /A ----- _o_ - -- S/L 25 YRS 23,633 S/L 5 YRS 216,920 $240,603 PART IV, LINE 64 MORTGAGES AND OTHER NOTES PAYABLE -------------------------------------------------- MORTGAGE PAYABLE $563,265 PART I, LINE 20 -OTHER CHANGES IN FUND BALANCF ADJUSTMENT TO BEGINN' '*G FUND :':.' '_?.i " "_ ^ PR? R YEAR RESULTING FROM NANCIAL /COMA:::::.. E ? FOR FISCAL YEAR END!_ JUNE � o ,Cq C N A b m 0 3 N V t+O f0 i+0 N Owl Z9 v w b 1+0 fs Off 8 V N C o w 18 d�f cO 8 A + nA W �+ w N iil of N,I m N N A �I (pry J t +u N a '8i �D N O V W O N W Gl f]I f�Jl + J �q tg `��',�eS�Q1iS���i����°�.i+r' $$ �' OOOOVC` Sg` b' OOtd'. ai8`�o °23SSOm$`b'�P$$S`c�i°oo°o 111 �f+in�t5�'i�a`�i + N cii P Q 0 0 0 W V O tD S W $ O A W ON a O g N S N IT jV ++ a 52N o v Sp N. ``b'ofi+iS�jjozpip3 a�n�oQ��oSmapmpSpi .�$p�{a] °p{�u{���� $$$t+d 90 O� emno$OCO oe74TOOA � +° P oo W o `+'.Ii�9^oJ3f'�?5��$��QR3` ooSiwS�i`o aw NVaai`a�l �i'neYv (08TEri It 8. aia�$c`3�"i�r'S�"myYr�$�78aoo °e °oBSoN°'a$ °e °o`a''�i�' o.'$ o °OOwi °o °ccw°•'$.Oiu�'i$$888��3 $8`¢'4.'0� 2. cn Kow.�p cna o�.��J a(a�pm cn cn dap a,aN Vw rnq Ag p�,�UVw -i a�pap�aov yz N O p Z O i y G m T m m n { 3 Z C p 2 4 r m o�� a 0 n z o'z 0 r M O O led O W co cn r m� X m z O C m O - .�;RMANDAD MEXICANA NACIONAL LEGAL CENTER EDERAL I.D. # 33- 0284711 OR THE YEAR ENDED JUNE 30, 1992 iCHEDULE 1 -orm CT-2, Page T Part IT Line .1 2evenue from Government Aeencies LTAG -IRCA Grant 'alifornia State Department of Education '21 Capitol Mall '.O. Box 944272 iacramento, CA 942442770 ' rovides educational services to amnesty eligible participants- amnesty Grant I.S. Department of Justice .100 Connecticut Avenue, N.W. Nashington, D.C. 20035 -5490 all /gz ' rovides outreach activities to recruit those amnesty eligible participants who )ave yet to satisfy the 40 hours of english and civic history requirements per unnesty laws. $7,974,172 S 134,214 adult Basic Education S 103,405 lalifornia State Department of Education 21 Capitol Mall '.O. Box 944272 ;acramento, CA 942442720 rovides supplemental funding for ESL (english as a second language) training ,f both students and teachers. lomunitario Grant 5 86,407 ?epartment of Health Services p a 14740 .O. Box 942732 .acramento, CA 94234 -7320 ovides dental services to amnesty eligible participants. HERMANDAD MEXICAN NACIONAL LEGAL CENTER FEDERAL I.D.# 33- 0284711 FOR THE YEAR ENDED JUNE 30, 1993 SCHEDULE 1 Form 990, Page 1, Part 1, Line 1 d Revenue: SLIAG -iRCA Grant 321ABE Grant Adult Basic Education Grant C. Comunitario Grant Telecommunication Grant Tobacco Grant Amnesty Grant Anticiscriminatory Grant Citizenshio Grant Immigration Grant JTPA Grant L.A. Regional Grant Liberty Hill Grant L.A. Unified School Grant Total Grant Revenue Donations Total Contributions, Gifts, and Contributions G: \USERS\ PUBLIC \LOTUS \DWW \43483 \HMNLFED1.WQi 9zlq5 3,158,205 34,863 34,611 80,237 10,000 139,949 56,497 77,981 1.269 22,018 76,723 43,000 2,500 6,875 3,744,728 270,074 4,014,802 •1, s,r t r � � i f =M8EROM G a g N 'u"W" v 4 WW "vI lvi��3`�m rp bags 1 M ` N n1 O p g O S � T Op C) � p m N r rt� i� � u �mSo� d ISO J N W S m A N 1 9 8 ptr e W A g S'$�aSoo • � N �n w Pi w tNt,,,, i �i•.� -�:.1 .:.. I.:.00 tai �i °wb ..�i► W 1• .Q wi- z L) m D 1 a Ci 1;,.. ro ro W u� .p 9 ..�i► W 1• .Q wi- 1 J r E' �k �e 1 a Ci 1;,.. 1 J r E' �k �e y my o � S r n V '0 V E I tll II IT 11 y my o � S r n V '0 V California Coalition for Immigration Reform P.O. Box 2744 -PMB -117 - Huntington Beach, CA 92649 PH: (714) 665 -2500 FAX: (714) 846 -9682 Web: www.ecir.net e-mail: barb@ccir.net WHY IS IT NECESSARY TO KEEP ILLEGAL ALIENS FROM GETTING DRIVERS' LICENSES? THE DRIVER'S LICENSE IS A TERRORIST'S TOOL DRIVERS' LICENSES WERE THE "VALID I.Ds" THAT GOT THE TERRORISTS ON THE PLANES THEY USED TO MURDER OUR LOVED ONES. Nearly all the 9/11 terrorists had US drivers' licenses and these were what allowed them to board the planes that they used to commit mass murder. Beltway sniper John Lee Malvo, an illegal alien, possessed a Connecticut license under an alias when he was arrested. Drivers' licenses did more for the terrorists besides allowing them to board the planes. Drivers' licenses were the tools that allowed them to blend in as just ordinary Americans. The driver's license is the basic identification document for nearly everyone in America. When the terrorists needed places to claim as a residence, they used their licenses as "ID" for signing their leases. When they opened the bank accounts that they used to place the financing for the conspiracy, they used their licenses as ID. When they rented cars, rented motel rooms, when they paid tuition for their flying lessons they used their licenses to "identify" themselves. There are 8 to 11 million illegals in the US This Is a very conservative estimate - many people believe there are as mangy( as 20 million Even their advocates call them "undocumented," AN "undocumented" (ILLEGAL) ALIEN IS A PERSON WHOSE TRUE IDENTITY IS UNKNOWN, because he has never presented documents to US immigration officials, the only people capable of determining the authenticity of foreign documents.Thus, a state that grants a drivers license to an "undocumented" alien is giving an official "valid ID" to a person who, at the least is a criminal, and can be a terrorist. Illegals are people who break the law to get into the US, break the law to stay here; break the law to get jobs here. To give illegals the privilege of driving in the US is to reward criminal activity. Giving licenses to illegals will encourage more illegals to come to the US. Under Federal "motor voter" law. "Each State motor vehicle driver's license application (including any renewal application) submitted to the appropriate State motor vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office." Thus, allowing illegals to get licenses will encourage them to vote, in violation of law. Are we anti - immigrant? Most of our members are either the children or grandchildren of immigrants. Some of our members are immigrants themselves. But all of us are descended from LEGAL IMMIGRANTS, people who obeyed the law in coming to this country. We aren't anti - immigrant - we are anti- terrorism. We can't fight terrorism with over 10 million people in this country who have never been screened or properly identified by the government. Are we racist? We are multi - racial, multi- ethnic. Our members are Hispanic, Asian, white, African- American. Race, ethnicity, religion are not concerns of ours What we share is concern for the security of our fellow Americans. Aren't there a few legal residents and visitors to the US who cannot provide documentation of their legal status and thus will be denied a driver's license by this bill? Answer. This is utterly and completely false. Every native bom citizen and every naturalized citizen has a social security number and other documents that prove legal status. Every LEGAL immigrant and every LEGAL visitor, no matter under which provision of law he /she is admitted to the US has documentation from the US government describing his/her legal status. THE ONLY REASON A PERSON CANNOT PROVIDE PROOF OF LEGAL STATUS IS BECAUSE HE /SHE IS NOT LEGALLY PRESENT IN THE US. Such people should not be given licenses. Isn't it better to have illegal aliens driving around with licenses than without them? An illegal alien is a person who committed one crime by entering this country illegally; another crime by staying here; another by working here. It is laughable to believe that such a person will be transformed into someone devoted to obeying the rules of the road because he has been given a driver's license. There are many cases where Illegals have bought cans, obtained Insurance in order to register them and get plates, and then immediately cancelled the insurance. After an accident, the illegal, a person with no real identity and no social security number has no difficulty moving to another state and assuming a new identity, leaving the victim of his tireless driving with no one, and no insurance company, to pay the hospital. The fact that the illegal immigrant lobby admits many illegals drive without licenses is an admission of widespread contempt for the law. Along the same lines, there are people nfho cheat on their taxes. It is not a valid argument to say that if we eliminated the taxes the tax cheats would become law - abiding citizens. Couldn't the terrorists have gotten on the planes with their passports? After 9/11 it would be impossible for a group of young men from terrorist- sponsoring nations to get on airplanes with passports from those nations without raising alarm among the flight crew and security people. Isn't immigration law a matter for the federal government, not the states? Collection of the federal income taxis a federal- matter, spying for a foreign government is a federal matter. Yet no one would suggest that states reward those who violate laws regarding these 'federal matters ". Isn't it too much to expect DMV clerks to be responsible for making a determination as to who is legal and who is not? True. The federal government makes this determination. If an applicant has documentation, the DMV clerk can process the application. If the applicant lacks federal documentation, he /she must obtain it or the application cannot be processed. DMV simply relies on the federal government to provide a list of valid documentation. P Vat IV ARTICLES OF INCORPORATION 1�g375'7 [Public 66y %'iit Corporation OF HE_RMANDAD MEXICANA NACIONAL LEGAL P-5 The narne of this corporation shall &/Y l/ ENDORSED F-I'LEb In ;tio *frig of N sacwary cf sicto cf 00 srae of CCIg0M;a CENTE . AUGZ61985'., MARCH 1`1.135 EU, Secretary of Stat: Lestie Glenn ARTICLE I %t hr HERMANDAD MEXICANA NACIONAL LEGAL CENTER ARTICLE If This corporation is a Nonprofit Public Benefit Corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation law for (public 8r charitable ,me,as task.) purposes. To provide non — profit, 'low —cost legal (a) The specific and primary purposes are: tw 'income tam (b) This corporation shall not except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of this corporation. (c) No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. ARTICLE M The initial agent of this corporation for service of process is NATIVO VIGIL LOPEZ and his /her address for purposes of service of process is 119 West 5th Street, Santa Ana, CA 92701 ARTICLE IV The names and addresses of the person or persons who are to act in the capacity of director or directors until the selection of their successors are: NAME ADDRESS •*Tativo vigil Lovez 119 W. 5th St., Santa Ana, CA 92701 Humberto N. Corona 2817 Angus Ave., Los Angeles, CA 90039 Soledad Alatorre 8601 Lankershim B1., Sun Valley, CA 91352 Maria Rosa Ibarra 317 W. Santa Ana, Anaheim, CA 92805 ARTICLE V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefitof any director, officer or member thereof or to the benefit of any private persons. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively charitable purposes and which has established its fax exempt status unoey §_ 5Qyt) venue Code. May 5. 1985 (Dated) I hereby declare that I am the person who executed the for in Ar icles of Inco o which execution is my act and deed. /Z wOLCOTTS FORM 436N, Rev. 8.81 ARTICLES OF INCORPORATION (Public Renefil Corporation) i Page 24 ® 1989 SD D lftw Alwn ETHNIC ORANGE COUNTY, 1989 NAME: HERMANDAD MEXICANA NACIONAL ADDRESS 828 N. Bristol, #204 Santa Ana, CA 92703 CONTACT. Nativo Lopez PHONE: (714) 541 -0250 HOURS: MTh 10 -8:30, F -S 10.8:30 PHONE: (714) 541 -0250 DESCRIPTION: Hermandad Mexicana Nacional (National Mexican Brotherhood) is an advocacy group for the rights of Undocumented People in the County. It is an organization predominantly comprised of Vnaocumented immigrants which was oun3ed in 1951 to combat discrimination in the workplace. The organization is patterned after the organizations founded by Jews, Germans, Poles, and Latin American immigrants here in the U.S. It is a mutual- benefit organiza- tion with a labor -union character. Hermandad has always been involved in organizing immigrants in the workplace. Most recently, we have been involved in a series of rent strikes primarily in the city of Santa Ana. AREAS OF COUNTY SERVED: All NO. SERVED /NO. OF MEMBERS: n/a FEES /DUES: n/a LANGUAGES OTHER THAN ENGLISH: Spanish YEAR FOUNDED: 1951 FUNDING SOURCE: n/a CHIEF OFFICER /GOVERNING BOARD: Nativo Lopez. Organizer PUBLICATIONS: Union Hispana ($15.00/yr.) u (Form 990) Inamr P.wnw S.rva. ITV Irganizat)on Exempt under F .'(c)(3) cue Ho. (F,x"pt prlvsw Foundation), 501(e), S0:(t), 501(k), Of Section 4o- .!(a)(1) Charitable Trust Supplam&rru y Inforrrurtl n U `LJJ ► Attach to Form 990 (or Farm IWE2). Compensation of the Five Highest Paid Employees Other Than Of Man SnaCif c instructions_) (Lis each One. It there are none. *roar 'Norm.') and Compensation of the Five Highest Paid Persons for Professional Services (See specifle instructions.) (List each one. H there are none. enter 'None. *) ly Hun. —4 edam .1 p aem 0.d .1. IN. PQ.opa (M T11'..nd.v.,14. I k) Cpmp.nu,ien (e7 ConIMCVllen. to !.!fawn «.:awl v,d .ddrau el .TOIOY•.• p.ld d cr. than SZ0.aae heun p., w.ek j kj Cam"rdwI an .vnoleY« I erw e,Mr I - I 44.339 d.vol.o to ep ell.d I 4.rw lit ol.n. .:a.wm.• HECTOR BROLO M HOURS A 37,955 GRAZYU'NA KOPYDLOWSKA 2833 N_ BRISTOL #5-D, SANTAA.NA, CA. 92706 21132 GREENWOOD L1NE. ?OMON.� G191766 WEEK 40.750 5 LUIS RENDON V7 HOURS A ( , 14956 ROAD 36. `rLADERA. 33 CA. 936 WEEK 2'&939 1 YOGA.NDAF_ GALI GO x0 HOURS A 3 Oo you make grams for scholars1-_o3, !ellowships, student loans, Into,? . . . . . . . . . . . . . . 3 I X __________i —_-JI 20641 CAIMPUS.UPPER M1tARLBOR. MD. _077_ I WEEK 34.: ANDREW ECHAVERRLI x0 HOURS A 443 w. 14th STREET, SAN PEDRO, CA. 90731 wEEK 34,475 RAYMUNDOGONZALFS I HOURS A --'----'- ---'-'-- 585 WiNDSwEPT PL SIMI VALI FY, C 1 93065 WEEK 34,425 Total number at other employees paid Over $30,000 . 0 10 Compensation of the Five Highest Paid Persons for Professional Services (See specifle instructions.) (List each one. H there are none. enter 'None. *) ly Hun. —4 edam .1 p aem 0.d .1. IN. PQ.opa III T yp. at l.Mi . I k) Cpmp.nu,ien GUBERT VASQUEZ & COhIPA^fY 510 w. 6th S'I'REN'. SUITE ;on. LOS ANGELES. CAL 90014 AUDITORS I 55.013 RICHARD $Fix _____________I 14912 PENFIELD CIRCLE, HUNTINGTON BEACH. CA. 9 ?641 I ATT0PUNEY I - I 44.339 MARY ELLEN MARTLNET 2160 McCORMACKL.N. PL10E.'n"IZ4 CA. 92670 }I ATTOR'YEY l 3&135 LETIC" VAL.FNZUEL1 303 E_ 9th STRESI' #406. SANTA ANA. CA1. 92701 CONTROLLER 37,955 GRAZYU'NA KOPYDLOWSKA 2833 N_ BRISTOL #5-D, SANTAA.NA, CA. 92706 CERTIFIED TEACHER 37,024 TcW number of others receiving over $30,000 for m'essional services . ► 5 h Lancing of money or other extension of credit? . . . . . . . . . . . . . . . . . . . . . . Beim MW Statements About Activities Yee (II No (2) 1 Outing the year, have you arampted to Influence naticnai. state, or local legislation, including any aaerript to imluance public opinion on a legislative matter or referendun7 . . . . . . . . . . . . . . . 1 X H 'Yes,' enter the !olal expenses paid or incurred in conr,eclen with the !egislatve acivit'm S Complete Part VI of this form for Organizations that made an election under section WI(h) on Form 576a or other statement For other organizations checking 'Yes.' acach a statamem giving a detailed description of he legsative acdvitie"s and a ctassrded schedule cf the expdnsas paid or incurred. 2 Owning the year, have you, either direct' or inclrecy, engaged in any of the following ac-.s with a trustee. dlrac:or, pnncical c:5csr, or creator cf your organization, or any taxable organization or ccrperadon with which such person is a:5limee as an effcer, direcer. tmstae, majority owner, or pnnc9oai beneficiary: ?a I X A Sale, exchange, or leasing cY prooer;y?. . . h Lancing of money or other extension of credit? . . . . . . . . . . . . . . . . . . . . . . 2b X c Fumishing of goods, sarvicas, or fac!ities? . . . . . . . . . . . . . . . . 2c I X d Payment of compensation (or payment or reimbursement of expenses H more ;Nan S1,000)? .. . m I X e Transfer of any pan.W your Income or assets? . . . . . . . . . . . . . 20 X H the answer to any question Is 'Yes,* aitach a detailed staterriam explaining the transac:ons. 3 Oo you make grams for scholars1-_o3, !ellowships, student loans, Into,? . . . . . . . . . . . . . . 3 I X 4 Attach a statemam explaining how you determine that individuals or organi2a5ons receiving diet .aemer:ts from you in fuMeranca W your chat-rata pr•:crama qua:ify to receive paymems (See specific insiuctigns.) For Paperwork Reductlan Acz tiouce, :,-a page 1 of the instructions to Form 990 (or Form 99062)_ Schedule A (Form 990) 1990 }.27•ah .+ •J361 Pace 14 SCHEDULE F — Litigating Organizations (Public Interest Law Firms and Similar Organizations) Will the organization conform to the guidelines for organization; engaged in litigation activities issued by the Internal Revenue Service in Rev. Proc. 713 pq� 9, 1971.2 C.R 575, and Rev. Proc. 75.13,1975 -1 C.B. 662? 1S Yes ❑ No If 'No,' explain. 2 What is the organization's area of public interest or concern? PROVIDING . NON PROFIT REPRESENTATION REGARDING IMMIGRATION, HOUSING, WORKERS COtTENSATION, CIVIL MATTERS, ETC. TO UNDOCUMENTED WORKERS AND THEIR FAMILIES AND OTHER T nT.7 F 3 Is the organization setup primarily to try the case of a particular person or prosecute a particular cause of action? . HYes iXJ No If 'Yes," explain. 4 What are the organization's criteria for selection of cases? BASED ON FAMILY LEGAL NEEDS, ABILITY TO PROVIDE REQUESTED LEGAL REPRESENTATION AND LEGAL ISSUES AFFECTING THE COMMUNITY i In what cases has the organization started legal proceedings and in what other cases is it preparing to start proceedings? Describe the legal issues involved in each case and explain how they relate to the organization's area of concern. LEGAL PROCEEDING ARE INITIATED AS FAMILIES REQUEST THESE SERVICES DUE TO POOR HOUSING- i a Composition of the organization's board of directors or trustees: I Name and address Business or HUMBERTO CORONA, PRESIDENT, 82 , 61.111L ZU14 ....................................... ----------------- C IFORNIA 92703 RETIRED PROF NATIVO_ LOPEZ, SECRETARY, 828 N. BRISTOL, SUITE 204 -------- ---------- -------- -------------- SANTA ANA. CALIFORNIA 92703 INTERPRETOR SOLEDAD ALATORRE, TREASURER, 828 N. BRISTOL, SUITE 204, S.A_ LABOR ORGANI MARIA ROSH RARRA."TRitSTEE 828 N. BRISTOL,SUZTE 204. S.A DRAFTSMAN b Will any of the attorneys hired by the organization be a trustee or member of the board of directors of the organization or be associated in the practice of law with any such trustee or member? . . . . . . . . ❑ Yes - Z3 No If 'Yes," explain. Does or will the organization share office space with a private law firm? . . . . . . . . . - ❑ Yes H No If 'Yes." explain. Does or will the organization receive fees for its professional services? . . . . . . . . . . . . . • . ❑ Y_ es U No It 'Yes,' explain. SCHEDULE G.— National or International Amateur Spor'; Competition N/A Does your organization directly or indirecV, provide any facilities or equipment for the Ur. �f amateur athletes engaged in national or international soorts ccmpetition? ❑ Yes ❑ No Now do you foster national or international s.: As competition? vpu provide financial assistance to ama athletes? V ❑ Yes ❑ No . . . . . r A DECADE OF SEDITION Latino Panel Calls for Hiring - Sanction "Hit List" Leaders avant penalties for employing illegal aliens eliminated; Congressmen who back Employer Sanctions law would be targeted on Election Day By WILLIAM J. EATON L.A. TIMES STAFF WRITER, WASHINGTON - April 23, 1990 Latina leaders conceded Sunday that they will lose this year's drive to remove employer sanctions from the new immigration law, but added they would target for defeat a "hit list" of key members of Congress who refuse to support future repeal legislation. Addressing the first -ever Hispanic Leadership Roundtable, several speakers said a system of fins levied on employers who hire illegal aliens has led to a pervasive luring bias against all Latinos who speak with an accent or appear to be foreigners. Even though the General Accounting Office concluded in a March 29 report that "widespread discrimination" is practiced by an estimated 19% of employers - -29% in the Los Angeles area -- Congress is balking at repeal of the sanctions under a 30-day escape clause written into the law, the conference was told. The law provides that Congress can remove the sanctions by passage of a joint resolution within 30 days after the GAO report. If that time period passes without action, sanctions could not be removed without passage of a bill - -a much more time - consuming and uncertain process. But while leaders at the round -table admitted a resolution was unlikely within the 30-day limit, they vowed to keep fighting. "If we cut a deal and it ain't kept, then there should be hell raised and hell to pay," said Andrew Hernandez, director of the Southwest Voter Education Project. Since an overwhelming number of Latina voters can be expected to oppose sanctions, Hernandez said, it could be made a test for supporting members of Congress seeking reelection this fall. "We need a hit list of those people in our own back yard - -those congressmen who are wavering," Hernandez said without mentioning anyone who might be placed on such a list. He urged Latino leaders to demand that their senators and representatives in Congress take a yes or no stand on the issue of sanctions, adding: "That would strike fear and dread into the heart of any politician." Charles Kamasaki, vice president of the National Council of La Raza, said the outlook was gloomy for repeal of sanctions this year and perhaps in the next Congress as well. "The fact is that a lot of people don't care about discrimination against Hispanics," Kawasaki said. "There is a view that Hispanics haven't suffered enough." Calling for retaliation at the polls, he added: "We need an acceleration of political activity. This is an election year and we have to make an example of some people." Francisco Garcia - Rodriguez, national director of the immigrant rights program for the Mexican American Legal Defense and Educational Fund ( MALDEF), said Congress' refusal to adopt a resolution for quick repeal of employer sanctions did not mean final defe for Latino organizations. "It's just a first skirmish in what we believe will be a prolonged war," he told a reporter. "The sanctions debate is not going to go away." Later, addressing the conference of about 75 national Lati no leaders, he opposed legislation that would preserve the sanctions but try to mitigate the impact of discrimination against members of the established Latino community. "The only logical solution is repeal of this discriminatory statute," he said. "We are in a position to caU people who vote jar sanctions racist. " The issue of sanctions was the most emotional issue discussed at the daylong meeting, called to improve working relationships among Latino groups who occasionally have been at odds over legislative goals. Representatives from Cuban- American, Puerto Rican and Mexican - American groups attended briefings on major issues and planned to lobby members of Congress and the Bush Administration today. The Latino leaders -- ranging from officials of the Hispanic Chamber of Commerce to the National Assn, of Latino Elected and Appointed Officials- -also discussed ways to increase support for the Civil Rights Act of 1990, legislation to require government set - asides for minority contractors and efforts to increase presidential appointments and rank- and -file federal jobs for Latinos. While there were no formal votes or resolutions adopted, the conferees agreed to set up a more formal network, or secretariat. One participant's suggestion for a computerized national data bank of Latino organizations won wide applause. "I can't tell you how important this meeting is," said Rep. Esteban E. Torres (D -La Puente), the only member of Congress who took part in the meeting. "This is really a historic moment for us." Letter to the Editor from a reader: At what has been described as "The First Ever Hispanic Leadership Roundtable ", representatives of several minority activist groups came together to plan the strategy for forcing our government to repeal the Employer Sanctions Law that now prohibits the luring of illegal aliens or those individuals who are obviously non - citizens and without proof of legal residency. After reading some of the dialogue that was used at that meeting, the reader can't be certain that the reporter who covered it hadn't wandered into a high -level meeting of the Mafia or a movie set of a "roaring 20's" film by mistake. For instance, Andrew Hernandez, a director of one of the numerous Hispanic organizations in attendance, was quoted as saying, "If we :ut a deal and it ain't kept, then there should be hell raised and hell to pay," and went on to call for a "hut list" of all members of Congress who wouldn't meekly submit to the demands of the pro - immigrant rights organizations for repeal of the federal Employer Sanctions Law.(shades of "Little Caesar" - you buy my booze or else.[) Then Francisco Garcia, Director of MALDEF (Mexican - American Legal Defense and Education Fund), proclaimed that the conference in session was just the "first skirmish of a prolonged war" (against American citizens). The weapons used in that war were decided upon, and the label of "racism" was the one, according to Hernandez, that "would strike fear and dread into the heart of any politician." Not surprisingly, the only Congressman who attended this "war council" was Rep. Esteban Torres of La Puente. California. who ?roclaimed the meeting "a historic moment for us ". As for the other 434 Congressmen/women and 100 Senators elected by American :itizcns, we can only hope that before they vote on this issue they look up the word "integrity" in the dictionary and come to the realization hat there are far worse things to be called with an interest in immigration reform than "racist ". For example. Coward! Orange County By IIE ER M. WARREN, N A NCY CLEELA N D and H.G. REZA I IMES SIAI'f WRITERS Noncitizens registered to vole this fall with the aid of a Latino civil rights organization and later cast ballots in a central Orange County district that included the hotly contested Nov. 5 race be- tween U.S. Rep. Robert K. Dornan and Democrat Loretta Sanchez. Nineteen people interviewed by The Times acknowledged that they voted though they had not com- pleted the naturalization process. which is finalized with an official swearing -in ceremony. All but one were taking citizenship classes with the Santa Ana -based organi- zation Hermandad Mexican Na- tional, which registered at least 1.357 people countywide this year. nearly 800 of whom voted in the November election. Nativo Lopez, the executive di- rector of Hermandad, who won a seat on the Santa Ana UnifitA School District board this fall, con- ceded that some students in the classes voted before they were sworn in. He attributed the prob- lem to misunderstandings and overzealousness by those about to become citizens. "I feel a responsibility to all those people who went through here that somehow down the road those things were not made clear enough to them," he said in an interview Thursday. But he added: "My clear instruction to people was they could not vote until they were sworn in, and all my staff were instructed the same way." It is unclear who, if anyone. advised the noncitizens that they could vote, how many voted il- legally or how their votes might have affected the outcome of the Dornan- Sanchez contest. The 19 voters who spoke with The Times said in interviews this week that they were encouraged to register and vote by those they believed were associated with the Please see BALLOT, A16 91 rn rn N m U w Q Ga I BALLOT: Noncitizens Tell of Voting in Orange County Continued from Al and that almost 200 ineligible ab- organization. The 18 taking citi -- sentee ballots were counted, zenship classes at Hermandad said among other allegations. they were registered to vote im- Sanchez :has 30 days to respond mediately after they passed their to Dornan's. complaint. A House proficiency tests or had success- committee`dould later be charged fully completed an interview with with evaluating Dornan's case. The an immigration official. • House would ultimately decide They said they were given voter who gets the seat. registration material and absentee As part of its own review this ballot applications and told that week, The Times interviewed a they could exercise their right to Santa Ana woman who attended vote. Many said the material was citizenship classes at Hermandad's collected after it was filled out. Santa Ana office. She said an On Thursday, Dorman filed a complaint with the House of Rep- unidentified woman encouraged resentatives contesting the results her and others to register on Oct. 2, ,;'na:;i .'. -,..• ;:.:..; the day they completed their inter.. -, ' views wlth.."the - Immigration 'and`- Naturalization Service. "The staffer walked into the room and asked people who had passed their INS interviews, 'Who wants to vote in the election ?' "she, . +.., said. Several people, all potential I ;ts citizens, . raised their hands and +.. were given voter registration cards, the woman said. 'I "I was told that I could register ✓ r:y ; +' to vote,'.' said the woman. "I filled there, ;} t out the registration card and they toakit from me." t is a felony under state law for someone who is not a citizen to -a, vote or register to vote.. Noncid -.. zens who''commit felonies arcs u�bl ject to deportation, and those who falsify information could be ineli- gible for citizenship, though it would depend on' the individual circumstances, said,11tichard Rog- - ers, Los Angeles district director k7st tAa¢t.[- LoiAngeleslim" ' for the F . .4.n:'',M'+ ` f. =' Dorm first .raised the charges Nativo Lopez, �dlrector of Her -. of .frau enb voting a week after mandad`.Mexicarja' °'Nacionai: the Nov. 5 election. He lost to Sanchez in one of the most closely L watched congressional contests in of the election which he lost' by the nation 989 votes, bbrnan and big lawyers claimed they`,have identified as In the 96th Congressional Dis- y - trtct,�'Hermandad, "registered !at many :as'y350Qpotetltially'.invafid teatt'916 people, ` the..astmajority ballots- in the six weeks befdFe the Oct. 7' Michael Schroeder,, an attorney re stratiod.deadline to vote in the for Dorman and vice airm�n of November election; 585 of these the California Republic Party, charged Thursday t voted, according toa computer that his invest ± - ' Yi gators.have'identified.as many as. analysis of the vote by. aTorrance- S 000 ball ,t� east,by noncitizens or based election group. comvleteelons Scliroeder.'pro- The Orange County district at- vided no piroof forAhia'new claim, ` torney's;`office is conducting a but said he•iiope'd to do so by next criminal investigation into allega- week , ; .,, .:. , tions, of voting irregularities, in Schro er,ais0.iepeated prey±= eluding whether noncitizens voted ous charges that about 100 people in the election voted twice, that, 1215., people im Chief .AIss/stant Dist. Atty. Mau - properly,2 o.O d from busmess ad,, nce•Evans^declmed to discuss the J �i 3 i 1 1 d c 27a to Continued from A16 investigation or any aspects of the case. "We are at a junction now where we are not going to com- ment about this," he said. County Registrar Rosalyn Lever said her office is cooperating with the investigation by forwarding to the district attorney information on people who may have registered illegally, including the names of 10 noncitizens who contacted the reg- istrar to ask if they should have registered. Lever's office concluded a re- count of the election last week, which adjusted the election results by five votes in Dornan's favor. But officials were not examining issues of whether people voted improp- erly or registered illegally. The Times conducted interviews this week with 64 people who cast ballots in November, drawing their names from a list of voters who registered in the 46th Congres- sional District. They all used regis- tration forms signed out to Her - mandad by the registrar's office. ®f the 64 people; contacted, some refused' to be inter- viewed, others 'said they did not vote, and still others said they were born in the United States or were naturalized citizens when they registered to vote. A few referred questions:to Her - mandad Mexicana andiidpez. Nineteen of the 64 said they had registered before becoming citi- zens and all but one took citizen- ship classes., at the Hermandad offices in Santa Ana or Anaheim. Sixteen of them have'yet to attend a swearing -in ceremony, seven weeks after the election, they said. Three said they voted before be- coming citizens and were sworn'in after the election. Among the people called, 44 described themselves to The Times as having registered legally, either because they were born in the United States•.or because they at- tended a naturalization ceremony before registering to vote. Every one of the 19 appeared unaware that they had broken the law by voting or that they had jumped the gun on registering to vote. An Anaheim woman who at- tended citizenship classes at Tier - mandad's Anaheim office in June and July said that "a secretary and teacher" both told her she was eligible to vote immediately after successfully completing her INS interview Oct 1. "Immediately: after, the inter- view, a secretary handed me a voter's. registration card. I asked 0 0 V V1 �MM 1"x"1 Q a a m ra i U m O 0. 0 070 .off:....: E «m._a am.L+'>tO> `o M ° M W O J"' a o E 0o cA'tow T 3 Tp FYNOg.° oo:° Fc to W•� 0 L N Z X O a W u3c°1iE >1 «..h. c'T' m°;mEaci TwWX�xw Nu�G :Nv �m L>:mNx N.WC c °: mom x011: m-� W �•' g 3N m3U OO.°a '`^�cX O -«m,v3 W 3°�'v wd CClvo TOW «,°'m7 W°'°'a G.•-a F _a Co ZhmzEu3tEum�+a� W D c> a El , a 05.E °..:.mo. rccw nTN ter. O ac W ava W W W 6 " a mwct0$ ^N� Oa E N m WTZ°W 0 y -C •a Iu • L lV yiN N M a E M P4 t0 yiE 0 dN °N N O M xCo ° a.c o W m a Z t x c FZi ° C L TV7 U C W O a 0 �- v 0 V E d� 6 °' a E m 0 3 a u w E w WO ° >. 0 .y a W° E a0 Z; s« Lov.°L,.WC `w No'ac,W o 3.a m A E m w a W d Ou 0 00 a m m W a N W> N N� rTi N jV 00'0 0 44 W N M'L. N N;-S E i= M MM o cpv� ztSO. 3 W 3�.'� > ro o ur o W T W c hmow'G m7�W. c� c v m W o T3v > L L'a (O M L W > tow, 0 0 A °':.' m m d °.'H h 3 au E -tWm`° N"O E,o No,o v Lw 'W° ° a°r 0 W IN sW-. W c v E a o ,L' r rWi p 3 N N Rr W O E N. N W f«Il N 3 ., FUNDING: Millions of dol- lr.rs in citizen - training grants from 1994 -1998 can't be accounted for. By DANIEL M. WEINTRAUB The Orange County Register SACRAMENTO — Hermandad Mex- icana Nacional — the Los Angeles - based citizenship- training agency that has a major presence in Orange Coun- ty — could not sufficiently document its claims for millions of dollars in state payments over four years ending in 1998, a new audit says. The report, by state Auditor Kurt Sjoberg, also suggests that Herman- NEWS 6 Early wi heeded, dad and one of its affiliates may have fabricated attendance records used to justify their receipt of taxpayer funds. Oversight of Hermandad by the state Department of Education, meanwhile, was woefully inadequate, the audit said. While the department quit fund- ing the agency in 1999 and demanded that Hermandad repay $4.3 million it had received, that action came nearly two years after the state should have pulled the plug, the audit said. Sjoberg said the problems with the program extend far beyond Hermandad and four other private, nonprofit groups that are part of an investigation by federal law enforcement authorities. "The department really has not ex- ercised sufficient oversight to ensure GRANTS: Hermandad's records were called `lu- dicrous' in an Educa- tion Department memo. By DANIEL M. WEINTRAUB The Qrange County Register SACRAMENTO — Depart- ment of Education analysts were appalled in August 1998 when they examined the records of Hermandad Mexicana Nacional. The nonprofit agency was sup- posed to be training thousands of immigrants each year to prepare them for U.S. citizenship. But Hermandad had few records to document its work, and what rec- ords it did have appeared in some cases to be phony. One year, for example, Her- mandad reported that 43 teach- ers had each taught 6,852 hours — a workload that would have required the instructors to be on duty for more than 18 hours a day, every day of the year. "If such ludicrous figures can be reported as fact from this agency, it defies reason to accept as accurate either the number of enrollees or the total number of attendance hours reported," wrote Tom Bauer, a department consultant, in a memo to his boss. But by then Hermandad had Min that these organizations can fully docu- ment that they provide the services they claim they provided," said Ann Camp- bell, the principal auditor on the project. Education Department officials said Tuesday that they had already taken steps to correct the problems cited in the audit. And Bert Corona, Herman - dad's executive director, said his group has never submitted an illegiti- mate claim to the state. "We were never told we had to keep these records," Corona said. "They are responsible for some training, not to just sit back there and say,'Aha, you didn't do it right.' " ► PROBE: Discrepancies weren't addressed when they first emerged. News 6 The Orange County Register � signs. i auditor ON PAGE 1 A new audit says Hermandad Mexicana Nacional could not properly document millions of dollars in grants from the state for citizenship training. Story on News 1 already received more than $7 million in state and federal funding for its training pro- grams. The state had cut off the money flow a month earlier and demanded a refund that still has not been paid. If a thorough examination of Hermandad's records had been done sooner, when financial problems first surfaced at the agency, taxpayers might have been saved millions of dollars, state Auditor Kurt Sjoberg said in a report released Tuesday. The Education Department's failure to catch Hermandad's problems, Sjoberg said, was one of many examples of mismanage- ment his auditors found in re- viewing the department's over- sight of the state education pro- grams aimed at adult immigrants. Sjoberg said eight out of 10 citi- zenship training agencies his au- ditors visited — including Her- mandad — could not document the number of class hours for not Sys which they received federal funding, and none could consis- tently demonstrate gains in skill for the students they said they had educated. The audit said Hermandad of- fered "no support" for its claims in two of the four years and insuf- ficient support in two others. And in those two years, the agency offered documentation that was "highly questionable" — includ- ing a report showing nearly full classes held on national holidays. Nativo Lopez, who runs Her - mandad's Orange County opera- tions, declined to comment on the audit Tuesday. Hermandad Executive Director Bert Corona said the agency never submitted a fraudulent claim. He said the program was a victim of bad training by the Education De- partment and is still owed money by the state. Department officials, mean- while, said they have corrected the problems cited in the audit. "We recognized well over a year ago that there were prob- lems," said Joan Polster, manag- er of the department's adult edu- cation office. "We've really tight- ened up the monitoring process." But Sjoberg and his staff said the department has been too slew to react and still does not have a system in place that is adequate to detect fraud. Z Qe K4.eU Hermandad's finances News that the California De- partment of Education this week filed a $17 million lawsuit against Hermandad Mexicana Nacional, executive director Nativo Lopez of its Santa Ana office and others was not surprising,'despite the seriousness of the charges. It's not every day that a Cali- fornia agency files a large civil lawsuit against an individual and organization. It's not every day that community leaders are ac- cused of fraud, of misusing or not properly accounting for federal money, of not properly paying taxes. Yet Orange County residents, long familiar with Mr. Lopez's over - the -edge political antics, can't be too surprised that alleged financial boundary- pushing sparked attention from the state, which has good reason to insist that federal grant dollars are spentlegally. We are surprised, though, that it took so long for the agency to file its suit, given the results of federally mandated independent audits conducted three years ago, ,which found various irregular- ities. Federal authorities continue to investigate the group's use of public funds, which proceeds on a different track. Now the state wants the group to return $7 mil- lion in improperly documented grants plus another $10 million in punitive damages. . This is warranted, though we find it questionable that Herman- dad received the funds in the first place, given that language and ci- tizenship classes are readily avail- able elsewhere. "The defendants knowingly submitted documentation and made representations to CDE [California Department of Educa- tion] ... purporting to show the instructional services that defend- ants had allegedly provided and expenses they had allegedly in- curred in providing services for the prior grant year," according to the lawsuit. "The assurances, promises, certifications and rep- resentations made by defendants were, in fact, false and fraudulent as defendants then and there well knew. Specifically ... defendants knowingly and improperly sought and obtained reimbursement for hours of instruction never pro- vided and expended ESL- citizen- ship grant funds on improper, un- reasonable and unallowable .. activities.... [D]efendants know- ingly and improperly failed to maintain adequate documentation and records to enable CDE to de- termine whether all program re- quirements were being satisfied." Although some Latino activists defended Mr. Lopez, who is also a Santa Ana school board member, others were less charitable. Art Pedroza Jr. doesn't understand how Mr. Lopez maintains any credibility. Josie Montoya of United Neighborhoods told the Register: "After three years [of documentation requests] any organization has had time to clear up matters. It's their responsibil- ity to show the community that they have not misused funds. It's not enough to just say that [the allegations] are not true." That says it all. After all, the state only wanted an accounting of how Hermandad spent tax- payer dollars, and it gave the organization plenty of time - too much time, many say - to comply. It was the last straw, officials say, who want to see student records. Mr. Lopez's response has been Clinton -esque - blame the right -wing conspiracy. Certainly, Mr. Lopez must be granted the benefit of the doubt pending the final outcome. But he and his organization are no strangers to investigations and controversy. Clearly, organizations and ac- tivists should be free to do and say as they please, provided they comply with the law. The big problem is when taxpayers are forced to subsidize private groups, especially those with highly charged and partisan polit- ical agendas. Our sense is the investigations would be far fewer and the activ- ists less controversial if the gov- ernment wasn't so fast and loose with taxpayer cash. f D CD �j. CD C +, cxo 0 M O C� n cD SOS, tj m w 91. G w A �bcbD�i' °w a(D �. is co (WDr 91. w�y °ag O �•��j fwd�•'4 ¢�j p O O w fDQ Na n O '.7 m-0 CD CD CD CD M LV N `C .P' Q' O 0 ' G "00 [n ".! O . y '-t CA �yy Cam'. Op, p' cn " o �• G 'CD o o �h O CD <D to �D O lD s' p O ��(Iq w �s cD ao ° O .y p O p, P- O w � .p.Cy ° p cab 0 cn °�a, Via. ��'°5'�c. "�c�?:?.r��°a•c•°s� v � 0 w A (D CD '(yM�I v' �C'�ey �.0,� �� aa6�'• �Mf�D r•�C a p G CD y lD aq V]O CCD p,• ,ry0q IOD � �n � y m Z, O C CPO � � ' o a � a z aa � cr O sm ml CL WA FA Questions raised on state's use of funds for Latino programs By Ed Mendel D UNION - TRIBUNE STAFF WRITER San Diego Union - Tribune, June 27, 1998 C0 '(1 J SACRAMENTO — Newly revealed documents show that Latino legislators pressured the state Department of Education to use federal grants for English and citizenship classes, even though several high - ranking state officials thought the plan was illegal. The funds were originally targeted for adult education, and state education officials believed it would be illegal to put the money in special immigrant classes without first going through the time - consuming public process of amending the state adult education plan. But the determined Latino legislators pushed the program through. It was a bruising battle that left officials in the state Department of Education deeply divided. The view in the department that the grant program had special standing apparently contributed to lax administration of a program now being investigated by the federal government for fraud and misuse of grant funds. The documents show several irregularities in the administration of the grant program that began in 1994: Latino legislators used the threat of "harassing audits" to persuade the Department of Education to raise payments for classes that would be taught by community-based organizations such as the well -known Hermandad Mexicana Nacional. No action was taken on early audits suggesting serious problems among some of the grant recipients. Over the last four years, the department has issued about $15 million in federal grants for English and citizenship classes to 45 community -based organizations. Hermandad received grants totaling $5.5 million in the last two years, despite a recommendation from top department officials that funds be cut off because of a failure to pay income and payroll taxes and fully account for how the grant money was being spent. The new information about the grants comes from internal Department of Education mleIlos and documents subpoenaed by federal investigators in April that became public recently. The investigators are looking at 10 grant recipients, including Hermandad. Several of the memos mention that department officials held discussions about the new grant program with Sen. Richard Polaneo, D -Los Angeles, Assemblywoman Denise Moreno Duchenv, D -San Diego, and their aides. Polaneo, chairman of the Latino legislative caucus, said L• atino legislators did not "bully" the Department of Education officials or exert improper pressure. "What I sense is four years of a lot of expansion and a lot of opportunity in engaging people in the process. This Legislature has supported that," said Polanco. "We don't support any kind of continuation of programs that are in fact not performing." Ducheny said she inserted language in the state budget in 1994 authorizing grants to community -based organizations for classes in English and citizenship. The organizations were losing funding provided under a 1986 federal immigration Iaw, just as California faced a bulge in applicants for citizenship. "From our perspective, quite frankly, it looked like they (state Department of Education officials) were dragging their feet and didn't want to do it," said Ducheny. The U.S. Department of Education's inspector general, which issued the subpoena, has been accompanied by the FBI while interviewing a number of employees of the state Department of Education. Although federal officials are not commenting, the investigation is believed to have been triggered by a "whistle- blower" lawsuit filed by a former supervisor of state adult education programs, Robert Cervantes. Cervantes was demoted, reportedly after clashing with a superior over an attempt by Cervantes to hold up payments to grant recipients with problems uncovered by state auditors. The probe of the grants is adding to the already tense relationship between the 11- member state Board of Education appointed by Republican Gov. Pete Wilson and Superintendent of Public Instruction Delaine Eastin, an elected Democrat. The board chairwoman, Yvonne Larsen of San Diego, is pushing for an outside audit of the grant recipients. Latino legislators started their drive for the grant program in 1992 with the passage of a bill, SB 1068 by former state Sen. Art Torres, D -Los Angeles, to provide services to immigrants with federal adult education funds. No money was issued because of concerns about complying with federal law and checking the immigration status of students. To jump start the stalled program, Ducheny, then a freshman legislator, inserted language in the 1994 state budget. State education officials immediately pointed out two flaws in the last - minute language that was not scrutinized in a legislative committee. Funds can't be used Federal adult education funds cannot be used for citizenship testing, And the funds cannot be directed to a few specific groups, but must be issued through an open application process. The Latino legislators, dropping those two points, nevertheless prevailed on the main issue of whether the federal money could be used for English and citizenship training without amending the state plan for spending adult education funds. Department officials said the grants would be illegal without an amendment to . the state plan, a process taking six to 18 months. A plan amendment also requires public hearings and approval by the state Board of Education, which could have altered o. even blocked the grants. One of the memos describes a meeting in July 1994 in Polanco's office between four high- ranking department officials and several legislators, including Duchenv. The memo says the Latino legislators explained the purpose of the budget language. "They also stated that the department had agreed, and approved of this budget language, much to the shock of those of us in the room representing CDE (California Department of Education)," says the memo. The memo says a department official was told the offices of Polanco and Ducheny would only discuss the issue with the department's top man, Dave Dawson, then acting superintendent of public instruction. Dawson, who has since retired, could not be reached for comment. He became acting schools chief after Bill Honig stepped down because of a felony conviction, serving until Eastin was elected in November 1994. In the end, department officials say, they got approval from federal officials later that year to begin the grant program temporarily. The federal officials said the grants could continue with a technical change to the state plan, which does not require hearings or approval of the Board of Education. Latino legislators turned up the heat in the summer of 1994 by threatening to ask the joint legislative auditor to look at all of the federal adult education grants. Gerald Kilbert, state assistant superintendent, said in a memo in late August of that year that a legislative aide told him, "Auditing all contracts of the Adult Education Unit will be the leverage used to assure the Legislature that we will comply with the (state budget) language. Ducheny said Latino legislators believed department officials had tried to rally black legislators and others against the grant program, arguing that the $7.7 mullion earmarked for the first year could be diverted from programs for their constituents. "There wasn't an actual audit," said Ducheny, although she was prepared to suggest one toward the end of 1994 to help clear the air by showing how previous grants had been spent. Others lobbying The memos show that department officials also were being lobbied by organizations that would receive the grants. Kilbert said in his memo that he met with Hermandad's executive director, Bert Corona, and officials from two other groups to see if a compromise could be worked out. "I was told that the harassing audits will continue until the (community -based programs) get base funding," Kilbert wrote. "It is better for them to continue the pressure and maybe even have farm workers picket the CDE until the state plan is amended or they receive base funding." Most of the federal adult education money had been going to school districts and community colleges, which have classrooms, staff and large programs allowing them to operate at lower costs. Corona said the community organizations needed higher payments because they have higher costs. Some of the organizations take their classes to farm workers who cannot travel to schools and in some cases are illiterate in their native language. The federal adult education grants issued by the state had been paying $16 per 100 -hour unit. "How can you teach for that amount of money ?" Corona said in an interview. In October 1994, the department held meetings with representatives of the prospective grant., recipients to discuss the citizenship classes and a payment rate. The groups suggested rates ranging from $75 to $350 per 100 -hour unit. Dawson settled on a rate of $250. But because of the large number of grant applicants, says the memo, organizations offering more than 15 100 -hour units received only 26 percent of the amount they requested. A year after the grants began, the department adult education supervisor, Cervantes, brought in an outside auditor, Alan Cates. The auditor reportedly told Cervantes he found evidence of fraud among some of the grant recipients. The lawsuit filed by Cervantes apparently alleges that he was removed from his position after trying to withhold payments to some grant recipients. Later internal department audits would find severe problems. "This is a clear case of fraud against the federal funds," a memo in April 1997 said of one grant recipient. In other memos last year, department officials recommended against giving more grants to Hermandad, which also faced allegations of haying helped illegal immigrants register to vote. Among other problems, a bank had obtained a court order withholding Department of Education payments to Hermandad until its debt was paid off. Hermandad owed money for payroll deductions and income taxes. "She blew up." A recommendation that Hermandad's request for new grants be denied was signed by Superintendent Eastin. Nevertheless, the department approved a $2 billion grant to Hermandad last fiscal year and a$3.5 billion grant this year. [ JESUS H. (blank) -ing CHRIST "She blew up," said an Eastin spokesman, Doug Stone, when the superintendent learned after the subpoena this year that Hermandad was still receiving funding. Mother memo written in April 1997 shows the deep division in the department over Hermandad. Jay Rollings, a consultant, said he and another department official reviewed a random sample of 13,000 folders of people who took classes, and found Hermandad to be in compliance. Rollings said he later worked with Bert Corona and his staff to help them organize their paperwork. He said many Hermandad instructors are recent citizens who are inexperienced and unsophisticated. "I've learned that Bert is a man of principle, integrity, and with a remarkable social conscience," Rollings wrote. "I won't believe he would engage in any manner contrary to what is fair, reasonable, and defensible. "More than that," Rollings continued, "his agency is uniquely focused on providing service to people most in need of assistance, namely, undocumented people residing in California." At a meeting of the Board of Education this month, Eastin said mistakes were made in the grant program. She said she has installed a new team of managers. Aug. 30 - Sept. 5, 2002 One Gigante Mess -How a multibillion - dollar corporation played the victim and got its liquor license by Gustavo Arellano There was a time when Amin David fancied himself the Carrie Nation of Anaheim. Take, for instance, the night of April 10, 2001, when the prominent Latino activist confronted his city's elementary school board over the issue of liquor licenses in the city. "How dare you cast aside the well -being of our community and of our children," he thundered. "You have no shame!" The shameless board had refused to join David in crusading against an Ultramar gas station's alcohol permit. According to David and his civic group Los Amigos, crime around Ultramar was 148 percent above the city average and too close to the vulnerable children of Benjamin Franklin Elementary. Flash forward to Aug. 20, when David had become Jose Cuervo. That night, he urged the City Council to approve a liquor license for Gigante, the Mexican supermarket behemoth. Weeks before, the city planning commission approved Gigante's plan to open a massive store but killed the company's all- important liquor license application. Gigante seized on the denial as evidence of racism, and David —a powerful figure in the Latino community — agreed. Never mind that approving the permit would allow Gigante to sell hooch in an area with a crime rate 184 percent above the city average. Or that Gigante will be closer to two schools than Ultramar was to Franklin. Or that the area already carries more liquor licenses than state law allows. No, David asserted, denying the Guadalajara -based conglomerate a liquor license was clearly racist. Besides David, Gigante's race war was also waged by an army of men and women with the motive to deliberately misconstrue the conflict: •Nativo Lopez. The Hermandad Mexicana Nacional president faces a recall effort as a member of Santa Ana's board of education. In an already hyperbolic PR campaign, Lopez went nuclear to distinguish himself, calling Anaheim's liquor license rejection "market ethnic cleansing." His reward: his mug printed on newspapers. Orange County Weekly, June 1 - 7, 2001 Little White Man Hermandad plays race card to dis Davis by Gustavo Arellano In addition to Governor Gray Davis' many problems — fumbling energy deregulation, plummeting approval ratings, and the resulting death of his political aspirations—comes a new one: a Santa Ana -based Latino-rights group has taken out an anti -Davis ad that refers to the governor as a "fucking little white man." Part of Hermandad Mexicana Nacional's radio and N campaign, the first ad aired May 21 on LA ranchera station KKHJ -AM 930. A fictional man and woman comment on California's Department of Motor Vehicles new tightfisted policy on issuing driver's licenses to immigrants. The man says he knows someone who was put in jail after going to a DMV office, the woman says she knows someone whose license was revoked after 10 years because she did not have legal documents. The man asks if these problems are a result of Proposition 187 and Davis' gubernatorial predecessor, Pete Wilson. That's when it's revealed that Davis —not the much - reviled Wilson —is behind the new DMV policy. And at one point, the man wonders what that "pinche guerito" (fucking little white man) has against Mexicans. The woman replies that Davis (a Democrat) and Wilson (a Republican who backed the infamous Prop. 187 and its successor measure, Proposition 209) are the same. Although the word "pinche" is bleeped out (all we get to hear is "pin "), it is obvious that is the slur. The ad finishes with an announcer reading a toll -free number and urging everyone to join Hermandad to protect themselves against unwarranted arrests and bureaucratic hassles. But after it had received heavy airplay, the ad was pulled off the air on May 22. "That particular version of our ad is not in line with the philosophy of Hermandad, and we do not approve of it," Nativo L6pez, Hermandad's often embattled leader, told the OC Weekly. "It distracts from the main message and is racially offensive to Anglo- Americans." Lopez accused KKHJ of adding the vulgarity to his group's commercial and said he scheduled a meeting with station management to discuss the problem. That's preposterous, according to Andrew Mars, corporate vice president of LBI, the corporation that owns KKHJ. "We did not add 'pinche, "' Mars maintained. "We added 'pin- beep.' We recorded based on the copy that they sent us. It had ' pinche,' and I made sure it was not said on the air since it is a swear word. Even after the 'pin- beep,' I was not comfortable with the ad, so I had that version pulled off also." The ad came back on the air on May 23 sans the bleeped -out expletive. But the reference to Davis as a guerito remained. "If it sounds harsh, it was meant to be," said an unapologetic L6pez. "We feel it is our responsibility to be honest to our constituents." Although the literal translation of "guerito" seems benign (the root word guero means "blond" or "fair"), its connotation is not: it's the equivalent of calling a black person a "darky." Still, Hermandad had heavier ammunition available: guerito is not nearly as insulting as gabacho, which specifically references the target's race, not just skin color. Gabacho is akin to calling a black person "nigger." Nevertheless, Hermandad did add insult to injury by using the diminutive of guero, so that Davis is identified not merely by skin color but also by size —he's a little white man. Controversy and race politics are nothing new to Hermandad, but use of a vulgarity to attack a governor and making references to a politician's race rather than his or her record appears to be a first in Spanish - language media. The growing strength of the Latino electorate in California makes ads like this one potentially damaging to a politician's reputation in the Latino community. Davis' camp is well aware of this, the governor enjoyed about 80 percent of the Latino vote when he beat Dan Lungren in 1998. And his supporters aren't happy with the commercial. "The ad is wrong," said Byron Tucker, Davis' deputy press secretary. "It speaks for itself. It's very derogatory and an unnecessary response to a serious matter. We'd have to question the thought process that went into the creation of the ad." But L6pez has no plans to back down. The ads will soon move from radio to Spanish - language television as Hermandad continues to compare Davis to the Latino bogeyman, Pete Wilson. "Davis has essentially pursued the same policies that Wilson established with Prop. 187," says L6pez. "He continues to perpetuate the Wilson agenda in various aspects of legislation. From the perspective of the immigrant who is a victim, Davis and Wilson are part and parcel." --a Section 2L1.2 requires a 16 level increase in offense level if the defendant was previously deported after a criminal conviction for an "aggravated felony." Under 8 U.S.C. § 1101(a)(43) (N), the term "aggravated felony" is defined as "an offense described in paragraph (1)(A) or (2) of § 1324(a) of this title (relating to alien smuggling)" (emphasis added). 8 U S C § 1324(al(1) (A) describes the offense of illegal transportation of aliens along with several other offenses related to illegal aliens. Subsection (a)(1)(A) states in its entirety: (1)(A) Any person who - (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; —�! (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any buildint or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the Untied States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v)(I) engages in any conspiracy to commit any of the preceding acts, or (11) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). 7/6/2003 Mayor Steven Bromberg and Members of the City Council Newport Beach, California Dear Mayor Bromberg, July 8, 2003 Hand - Delivered In the course of my 50 years in Orange County, I have always enjoyed and appreciated Newport Beach. Before I moved to Leisure World /Laguna Woods, I was a Newport Beach resident for more than ten years. 1 think I know a little about Newport Beach and the people who live here. No one should be misled into thinking the mean - spirited blatherings of one malcontent council- man in any way reflect the spirit of this city. That he presumes to represent Newport Beach officially or personally is a sad thing for the people privileged to live in this community. It is just as sad for the much larger circle that includes all of us who care about Newport Beach. a�tal e a an 19 -C Avenida Sevilla, Laguna Woods, California League of United Latin American Citizens A Community Non -Profit Membership Organization - Established 1929 LULAC Orange County District #1 Santa Ana #147 1Placen #a #174 / Stanton #245/ Garden Grove #2001 Orange County #2841 /Anaheim #2848 /Westminster #3017 PO Box 4173 Santa Ana, CA 92702 To: Honorable Mayor and Members of the City Council July 8, 2003 City of Newport Beach, California Prior to this evening's meeting, I logged on to the city's web -site and was greeted, "Welcome to the City of Newport Beach." In return I exclaim, "Thank you, to the residents of this great city, and to those who represent you with distinction in the city's boards, commissions and committees; as well as this City Council." For several years as a young lad in my teens, I worked for a popular local restaurant in the vicinity of 171h and Irvine. I've had the pleasure of meeting many local and distinguished residents such as the "Greeted', Andy Devine, John Wayne and many others; In the past I have collaborated with council members on regional community issues. My general impression then and now is that people are respectful of each other, despite some bad apples in the crate. Mayor Bromberg and Council members, muchisimas gracias for your responsible response to the detrimental comments made by Councilman Dick Nichols - over a period of time as it is being revealed. I haven't met Mr. Nichols; I don't know the gentleman. But because of his comments of ill -will towards a segment of the Latino community; I certainly get this feeling that he may not want to get too familiar with the Latino community, much less the 120+ Latinos from the Newport Coast area (recently incorporated into the city). This is our community as well as your community, nearing 5% of the city's residents. I am here tonight, denouncing the reckless commentary of an elected official representing the City of Newport Beach, that Mexicans are essentially not part of the city's community or that visitors to Newport Beach come to "....rip off the white people in Corona del Mar." Mr. Nichols, it is you that has ripped off the good people of Newport Beach and Corona del Mar by taking that "crown of the sea" Corona del Mar and turning it into a "crown of harm" - Corona de Mal. An apology by you is not only appropriate to the Mexican community, but to all persons of color who have been clothed under your words of bigotry, and also to the fine residents of Newport Beach - to your constituents. To the City Council, I ask for one change in the proposed resolution before you. It has been most obvious the comments by Mr. Nichols were directed to Mexicans who are either residents and /or visitors of your city. It has been duly noted by City Attorney Robert Burnham, that Mexicans have been the target of his comments. 1 therefore request that as you come to a decision on your actions, that the phrase "people of Hispanic origin" be changed to accurately reflect Mexicans as those being directly targeted and offended by those remarks. I would also recommend that the City Council explore the possibility of establishing a Human Relations Commission or Committee within your organizational advisory structure to assist you, city employees and residents in fostering positive relations among the various ethnic communities within the city. Please call upon our organization, the League of United Latin American Citizens ( LULAC) for any assistance that we may be able to provide. I can be contacted at zekeher rc'unacom or 714 - 835-9585. Thank You. Zeke ern ndez Distr ct Director LULAC Orange County District #1 C/r �4 `'. :2k0c Our To The Orange County Register a County Line Poll Today's question: Have you ever seen an event at the orange County Per- forming Arts Center complex? , ;cT .Sri. TO RESPOND TO TODAY'S QUESTION, CALL: (714) 550-4636. Ext. 7261 (6 a.m. to 6:30 p.m.) or go to www.ocregistercom O yr 9 0 P �ri n�ria Towns fur i The Change County Ptegister • Siasdgy; .tune 29, 2008 Yesterday's question: Should Newport Beach ` Councilman Richard Nichols '— resign for ring comments about Mexicans? 7% 93% �.. Total responses 9 -- County :Ine rs not a scientific samDlinq M county opinion. y tt,, County We Po i / {tA Today's qae Did the windstorm Sunday• night seem like the strongest Santa Ana winds in memory? TO RESPOND TO TODAY'S QUESTION, CALL: (714) 550 -4636, Ext. 7261 (6 a.m. to 6:30 p.m.) or go to Yesterday's questiorc Should all undocumented workers 16 years and older be allowed to obtain a driver's license? •'.ti 98% �arsl re;'wrrses: I n80 �� -v -a ,uentihc County Line_ PON' Today's question: 'Pirates of the Caribbean" opens Ju:, 9. Do you plan to see it dur- ing that first weekend? TO RESPOND TO TODAY'S QUESTION, CALL: (714) 550 -4636, Ext. 7261 (6 a.m. to 6:30 p.m.) or go to www.ocregister.com Yesterday's guestforn I Should local law enforcement use Mexican-issued cards to identify nationals? .sra +}rte: "ri 3% 97% Total responses: 516 • umy lme �s :mi a sc!anhhc aamprnq cif nocnl7 npininn. s F I Crn oVI Good Evening r is Barbara Coe and I'm here comments by Councilman Richard Nichols. regarding the REMINDER #t references the FIRST AMENDMENT of our Constitution. It is known by LAW -ABIDING Americans as our, FREEDOM of SPEECH. Your vicious attack on Mr. Nichlos for -not only Lx oressinQ his opinion, but also a STATEMENT OF FACT, clearly violates his First Amendment right. We wonder if your eagerness to condemn him is motivated by FEAR of ILLEGAL ALIEN champions such as_Nadvo Lopez Amin David Steven Figueroa and others who represent CRIMINALS rather than U.S. Citizens. We also wonder about your.distress at the use of the word "MEXICANS" as we wish to share your position with ouir own respective City Councils. Although some of the people referenced by Mr. Nichols might be from other, Latin America countries, were the situation reversed, would YOU object to being referenced as AMERICANS? We think not and again remind You that our First Amendment rights apply to all persons LEGALLY under thejurisdiction of the U.S. Constitution including some of Mr. Lopez, Mr. David and Mr. Figueroa's constitutents such as: o Brown Beret AUGUSTIN CEBADA who stated (and I quote), "You old White people, it's your duty to die" and referred to us as "SKUNKS ...... OR.. o College Professor JOSE GUTIERREZ who stated (and again I quote), "We have an aging White America They are in . ff They are shittin in their pants with ear. I love it "I......OR.. o Democratic Party Chairman, ART TORRES who publicly stated, "Prop 187 is the last gasp of White America in California!" These truly RACIST taped -live statement are all in the booklet and audio I provided you and do NOT even include the on-going barrage of FALSE accusations against me personally such as "racist ", "blue eyed devil ", "puta" (which means WHORE in Spanish) and many others. However, there has NEVER been any legal action against THESE people as t• hey have the SAME right to express THEIR opinion as does Mr. Nichols. Please bear that in mind as I come to REMINDER #2. The LAST time a City REFUSED to uphold the Constitutional rights of law- abiding citizens, there was a LAWSUIT tiled with a very prestigious law firm AGAINST that City. I would hope that you take that fact into SERIOUS consideration BEFORE pursuing any further legal action against Councilman Nichols. /-r 77&Zf 'Mexiformai. a� Is a Tragedy in the Making By VICTOR DAMS HANSON My hometown of Selma — like most other com- munities in rural Central Califor- nia — used to be a stable munici- pality. Immigrants from Europe, Japan, China, Armenia, the Pun- jab and Mexico flocked here to farm and prospered from their hard work, acumen and the natural bounty of the San Joa- quin Valley. They came in one- time waves, under legal auspices and, within one or two genera- tions, emerged as assimilated English - speaking citizens. By 1970, Selma was a rich,. multiracial :society bound to- gether by`a cohesive and com- mon culture.. That dream is now' :slipping away. Here in Central California, we have de facto 'apartheid towns made up almost- exclu- sively of .Mexican immigrants..; Many are illegal residents who do not speak English and cannot and do not participate in the. civic life of the state — voting, community service organiza- tions and jury duty. There :are. manifest signs- of- social turmoll; -the wages of.fl- legality. Police squad cars have chased down: our driveway after an illegal immigrant suspected. of running a methamphetamine lab. Rare species on the farm — great -horned owls, kit foxes, red - tailed hawks - have been shot and left to rot, sport for members of, local Latino gangs, by the sheriff's - :reckoning. After my families spent :.five generations on the same land, I am no longer,,.. sure our children can orshotild," live on what now seems like a wide -open frontier. If the old way of measured and legal immigration; coupled with assimflationist policies, led . to a melting pot, today's open borders and the force-multiply- ing effect of a multicultural agenda have led to segregation in the schools and an alternate legal universe designed to ac- commodate the foreign culture ofthousands. Indeed,_ our exasperated and bankrupt state seeks to provide illegal residents with tuition dis counts in preference to out- of = "1_ state American citizens, special j driver's licenses, bilingual gov- emment services and other Brea- ` tive exemptions in lieu of simply stemming the illegal tide and re -. lying on the old method of turn ing foreigners into Americans. We're not supposed to talk.. about all this; but we are sorely in need of an honest national dis- cussion. The left in the universi- ties, politics and the media seems to find advantage m pro- moting an unassimilated — and exploding — constituency that requires leadership. Some on the more extreme!. fringe see the changing nature of California as poetic justice of sorts, as the state reverts back to its purportedly Mexican (or, is it ,Spanish or Native American ?) roots. The Chicano ideology of La Raza. ( "the Race ") goes fur- ther, envisioning an entirely new culture of Latinos, not wholly American or Mexican. Of course, in private such chauvinists say they hope that this emerging Mexifornia will resemble. Sari Di- ego rather than Tijuana. The right is equally culpable. Employers in agribusiness, con- struction; hotels, restaurants and manufacturing welcome cheap labor. , They complain that our own citizens .find collecting,, entitlements more lucrative, "work" than the backbreaking' labor offered to illegal immi- grants. The latter, they assure, us, are blessed to find life here far. better than in Mexico.. Perhaps. But those who rely, on illegal labor rarely confess that there is a tragic cycle to their trafficking in human capi- tal. Too many teenagers from Oa- xaca end up old 'before their time, exhausted and disabled of -- ter 30 years of pickingfruit or lay+ ing concrete. Without education and legal status, they often must turn to the state for relief. Their children — four of 10 Latinos don't graduate from high school, fewer than 10% have bachelor's degrees, according to U.S. cen -'! sus - figures — do not always agree: that the U.S. was go kind to -' their ^parents In response, em,.' ployers complain that the ehil drerrof illegal immigrants don't, work as hard as their parents and thus it is crucial to allow, more illegals north. And so the cycle continues. The California electorate, of all ethnic backgrounds, is fed up, with the current fiasco, even If it's,not talked about in polite conversation: People are fearful. ofbefnglabeled racist or perhaps "nativist' or "protectionist." ,But,; while their legislators yield t0'special interest groups of busiuessraen and racial activ- ist - s,`Calffahrians show their true' sentiments from time to time by goilt4g into the ballot booth to vote overwhelmingly and in se- ,pret to end entitlements to illegal i ih&gt^aftt's, bilingual education, and'af rmative action. What is wrong with all thus? Plenty. . It isn't healthy for a citizenry to feel one thing and then say, an- other — nursing frustrations in ' private thatone day will explode , when tapped by demagogues of both right and left. ' 1 Unemployment levels in Cali forma remain high,: and we will never unionize or improve the lot of entry -level and unskilled - workers as long as management can count on a reliable alternate I supply of hard-working Finally, tolerating an entire class, marked by '.illegality stretches the Social fabric thin. The irony of all this is that we need not embrace new, deleteri ousideologies like La Raza stud - ies, bilingual education, am- . nesty, open borders or new categories of quasi - legality to deal with the problem. In the past, measured and le- gal immigration — coupled with assimilation, the power of popu- lar culture, intermarriage and the emphasis on a common, multiracial culture rather than - separate multicultural identities — usually ensured that all new- comers were indistinguishable from others within two genera- tions. We may now find that time - honored solution hurtful or Sim- plistic, but it reflected a confi- dence in American culture — and the reality that immigrants from Mexico and elsewhere had -voted with their feet to come here rather than us there. Victor Davis Hanson, a fellow at the Hoover Institute and a clas- sics professor at Cal State Fresno, is author of "Mexifornia. A State of Becoming" (Encoun- ter, 2003). ...Nichols, asked his opinion about proposed improvements for Corona del Mar State Beach, said he opposed expanding the park's grassy area because "with grass we usually get Mexicans coming in there early in the morning and they claim it as theirs and it becomes their personal, private grounds all day." - Source: Allison, Stanley. "Nichols Urged Again to Leave City Council." 25 June 2003. <http: / /www.latimes .com/news /locaUorange /la -me- newport25j un25,0,6628565.story?coll =la- editions- orange> 111111N 111pe" Reach/A11-18C19 Ficill When: Saturday, July 12, 2003 loam Where: Corona del Mar State Beach. in the "arassv area" by Lifeguard Lookout #4. Directions: Take Pacific Coast Hwy south, then make a right on Marguerite, a right on Ocean Blvd., and left into the Main Beach parking lot (or hunt down parking in the surrounding residential area). Why: There is a climate of racism in Newport Beach that needs to be addressed, as was demonstrated by recent racist remarks made by Councilman Richard Nichols. This picnic was organized as a symbolic gesture of protest against racism, and as a celebration of diversity. Let's reclaim it as our "personal, private grounds" that day! All Mexicans, people of color, and everyone that hates racism are welcome to attend. BRING FOOD (potluck style), drinks, musical instruments, banners, blankets, your friends, family, co- workers, and anyone else who may enjoy a peaceful day at the beach. This event is FREE. For more information, e -mail cyber_industrian @yahoo.com "I thought segregation ended thirty years ago." YOU GAN KILL A REOLUTIONAR'r BoT ICON -a&