By Timothy Kudo
Daily Bruin Senior Staff
Former Undergraduate Students Association Council External Vice
President Portia Pedro’s deadline to prove her eligibility
for office may have been determined incorrectly, according to the
Undergraduate Students Association bylaws.
The administrative representative to USAC, Lyle Timmerman,
informed Pedro and USAC President Elizabeth Houston of the
ineligibility on Nov. 1. From that date Pedro had five school days
to prove her eligibility, Timmerman said.
On Nov. 7, Timmerman notified USAC at a meeting held without
quorum that Pedro would not be able to serve on council and the
following day she was declared ineligible and removed from
office.
But according to USAC bylaws, the deadline for providing
documentation of eligibility falls five days after the council is
informed.
“The student shall be automatically removed from office if
the Administrative Representative is not provided with adequate
documentation to demonstrate compliance with the criteria
stipulated within five school days of notification to USAC,”
the bylaws state.
Though Timmerman said Pedro could try to make a case based on
the wording, he still feels he interpreted the bylaws correctly
since he told Houston about Pedro’s ineligibility as
well.
“The council was in part notified by the inclusion of the
president,” Timmerman said.
Houston agreed with Timmerman’s decision.
“My opinion is that me being the head of council and
Portia being the person that this is all about, not to say that is
in any way all of USAC, but those are the people that needed to
reconcile the situation,” she said.
Other members, however, felt differently.
“I was not notified when Houston was notified, so it seems
pretty obvious to me that notifying Houston is not notifying
council,” said Campus Events Commissioner Jared Seltzer.
Timmerman said contradictory statements in the constitution and
the bylaws about fulfilling eligibility requirements required
interpretation.
Timmerman could not point to any specific contradictory
statements at the time he was contacted.
The bylaws state that the student is responsible for maintaining
their eligibility.
“I believe there’s a fairly clear statement about
the responsibility members have to maintain awareness of their
eligibility,” Timmerman said.
By the deadline Timmerman set, Pedro failed to show she had
above a 2.0 grade point average and was enrolled in at least four
units each quarter.
Pedro was one of the more outspoken members on council and often
butted heads with the administration, Internal Vice President Elias
Enciso said.
An e-mail marked “confidential” sent by Timmerman to
USAC members after Pedro’s removal from office, received and
confirmed by The Bruin, showed his concern over how she handled her
office.
“Ms. Pedro is consciously flaunting and disregarding the
Council’s governing documents and, I believe, trying to
unilaterally impose her will on Council and the undergraduate
student body,” he wrote to USAC members.
Though Enciso and other council members said the e-mail was
inappropriate and unnecessary, Timmerman said he did not feel the
e-mail was inappropriate.
“This situation was handled not at all differently
compared to the custom and practice of how these things have been
handled as long as I’ve been the administrative
representative,” he said.
Financial Supports Commissioner Cynthia Rabuy said Timmerman
always plays it by the book and was doing his job. At the same
time, though, she questioned his actions.
“He’s taking advantage of the situation,”
Rabuy said.
Timmerman denied any such allegations.
“I don’t believe there is any basis for that
observation,” he said.
Some members said they were upset that when the council was told
of Pedro’s possible ineligibility, many of the members were
absent and thus left unaware. Enciso attributed the absence to
midterms.
Pedro said council members generally look to Timmerman to tell
council about the bylaws because of his 15 years of involvement
with USAC.
Berky Nelson, the alternate administrative representative, said
Timmerman handled the matter fairly.
“Lyle is a very much by-the-books person and that’s
something for which I hold him in the highest esteem,” Nelson
said.
Nelson also said he believes Houston was an adequate
representative of council.
Pedro, however, questioned the interpretation.
“People say he’s a by-the-books person, but how he
reads the bylaws depends on what he wants to have happen,”
she said.
To fill the vacancy, elections for a new EVP will be held from
noon today till noon Friday.
Though Pedro said she is now eligible for office, Timmerman said
he hasn’t seen “one shred of evidence” for her
case.
Pedro, Enciso said, should be reinstated and the matter should
go to the Judicial Board, the body that interprets the USAC
constitution.
“Basically, it comes down to an interpretation and J-Board
needs to make a decision on this,” he said.
He said the decision could void the election.
But General Representative Elisa Sequiera disagreed.
“It’s not something that deserves a J-Board
hearing,” Sequiera said.
Even if the case were to be decided by J-Board in Pedro’s
favor or if she could otherwise be reinstated, she’s not sure
if she would accept the position.
“I don’t want anyone in any way to think something
shady is going on,” Pedro said. “I really just want a
clean slate. I would have to think about it.”