Letter to Garden Grove City Council regarding the issue of Tet Festival 2014

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Date: Dec 10, 2013

Respectfully to:     – Mayor Bruce Broadwater,
– Mayor Pro Temp Dina Nguyen,
– Councilmembers: Kris Beard, Chris Phan, Steve Jones

Re: The decision of the city council on the approval of the proposal to organize Community Tet Festival at Garden Grove Park in 2014 in the City Council meeting on Nov. 26, 20113

1.- First, we, – the Vietnamese American Community – Cộng Đồng Việt Mỹ, (previously AKA Vietnamese American Community of Southern California), an ACTIVE non-profit organization (Please click on this link to see at the California Secretary of State website screen shot) , NOT the Cong Dong Viet Nam Nam California,  and Hand to Hand Relief Organization officially appearing on the Proposal to organize the Tet Festival at Garden Grove Park in 2014 (Click on link to see the Proposal) , protest and condemn the wrong action of defaming the Vietnamese American Community of Mayor Broadwater in the council meeting of Nov. 26, 2013.

During this City Council meeting, I represented the Vietnamese American Community – Cộng Đồng Việt Mỹ, an ACTIVE nonprofit organization on the proposal.  I spoke in front of the councilmembers mentioning the name of Vietnamese American Community – Cộng Đồng Việt Mỹ, several times. I believed that everybody attending this meeting still recalled thisVietnamese American Community – Cộng Đồng Việt Mỹ name, but I saw Mayor Broadwater with the guidance of Mayor Pro Temp Dina Nguyễn reading the name of the Suspended Cong Dong Viet Nam Nam California on the California Secretary of State website purposely to disqualify my organization of Vietnamese American Community- CĐ Việt Mỹ (click to see this video https://www.youtube.com/watch?v=VDrmYAvW8kQ )

The action of Mayor Pro Temp Dina Nguyen and Mayor Broadwater obviously showed that you are prepared in advance with the intention to eliminate the Vietnamese American Community- Cộng Đồng Việt Mỹ from the consideration process. This action was very wrong. Both of you damaged my name as well as my organization. I am very sorry to condemn Mayor Pro Temp Dina Nguyen and Mayor Broadwater for this wrong doing. I believed that Councilmember Dina Nguyen and Mayor Broadwater did this on purpose. This is very bad. There is no excuse for this wrong action.

I loose all of my respect toward councilmember Dina Nguyen, a female politician of high expectation in the Vietnamese American community, especially she is a Vietnamese American lawyer. How can a Vietnamese lawyer familiar with the Vietnamese American community activity can make this kind of big mistake in ignoring the fact that the organization of CONG DONG VIET NAM NAM CALIFORNIA, not on the PROPOSAL, then using the CA Secretary of State information, and guiding Mayor Broadwater to use this wrong information to make decision. This is a shame.

2. – Second, we also protest the city council of ignoring the fact that the 501 (c) (3), the federal tax exemption of the Vietnamese Community of Southern California led by interim president Le Khac Ly was revoked due to failure of filing tax return since May 2010 (click on this link to the IRS’s website: http://apps.irs.gov/app/eos/displayRevocation.do?dispatchMethod=displayRevokeInfo&revocationId=375096&ein=330448822&exemptTypeCode=03&isDescending=false&totalResults=1&postDateTo=&ein1=33-0448822&state=CA&dispatchMethod=searchRevocation&postDateFrom=&country=US&city=Westminster&searchChoice=revoked&indexOfFirstRow=0&sortColumn=ein&resultsPerPage=25&names=Vietnamese+Community+of+Southern+California&zipCode=92683&deductibility=all )

Our representative already met Mayor Broadwater and Mayor Pro Temp Dina Nguyên on Nov 25, 2013 to inform this information. I believed the Vietnamese Community of Southern California did not file any tax return to IRS since their revocation in May 2010. Did the city try to check this issue with IRS?

The Vietnamese Community of Southern California not only failed to file tax with the IRS for more than three consecutive years, it did not file tax return with the Franchise Tax Board in 2012, 1999, 2000, 2001, 2007, 2008, 2009 according the the staff of the Franchise Tax Board at this phone number: 916-845-4171, (Corporation number of the Vietnamese Community of Southern California is C1479500, address on file of FTB: 15355 Brookhurst St., Ste 221, Westminster, CA 92683).

I could not believe that while the City of Garden Grove tries to force the Union of Vietnamese Student Associations (UVSA) to respect the governmental tax law in term of accountability papers as well as using tax form 1099- for hiring employees to work at the Tet Festival Event to avoid of violation of tax law and tax evasion, BUT the city allows the Vietnamese Community of Southern California without 501 (c) (3) and did not file tax return to organize the Tet Festival Event. This is not fair and against the law, against the rule and regulations set by the city itself. Is this a double standard practice?

3.- Third, the Vietnamese Community of Southern California deserves 50 percent of the Tet Festival proceed for themselves; it will use another 25 percent for the building of future “Community House”. We don’t know whether this organization will get the permit to organize Tet Festival to raise fund to build this Community House in the future or not, how is its plan of raising fund and building this House if there is no Tet Festival. There are a lot of uncertain factors in this issue). The Vietnamese Community of Southern California will use only 25 percent of the Tet Festival proceed giving to all nonprofit organizations priotizing the nonprofit organizations in Garden Grove.

After paying $105,000.00 to the city of Garden Grove (how do they report this money in their tax return), federal income tax, any half amount dollars in addition up to $40,000.00 dollars of the proceed, how much money left will be used for distribution?

With 50 percent for themselves, 25 percent for Community House, how much donations will be distributed to all nonprofit organizations in the Orange County and Garden Grove? I am really doubt about the outcome of this Tet Festival 2014. I hope that they will not report a negative number, and say excuse for their failure and blame on somebody else.

While our Tet Festival 2014 Organizing Committee meets all the requirements, we don’t have to pay tax to government due to our outstanding tax exemption of 501 (c) (3), we will to donate 100 percent of the Tet Festival proceed to the community, the city council still denies our Proposal, citing nonsense reason. It is difficult to understand the decision of the Mayor Broadwater and Mayor Pro Temp Dina Nguyen.

We request the city councilmembers, Mayor Broadwater, Mayor Pro Temp Dina Nguyen to explain and answer properly all these three questions.

Thank you very much for your time.
Very truly yours,
Lac Tan Nguyen, Representative of the Tet Festival 2014 Organizing Committee

Letter to Garden Grove City Council

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