This week, the pending undergraduate student government Judicial Board case was decided in favor of the respondent, External Vice President Tina Park.
The charges were that Park had appointed students to attend conferences without getting them approved by the Undergraduate Students Association Council, which the petitioners ““ Financial Supports Commissioner Shaun Doria and Facilities Commissioner PC Zai ““ allege the bylaws require.
In a 4-2 vote, the judges ruled that Park’s actions were within the bylaws by appointing students to the conferences.
Article III, Section C.2.b of the USA Bylaw states, “The (external vice president) shall represent or appoint USAC’s representative (to conferences)” and “all appointments are to be approved by USAC.”
The petitioners also filed two charges against Park for using her travel budget to pay for the unapproved representatives.
On those charges, the judges ruled unanimously in favor of Park, deciding all expenses were appropriately approved.
In ruling on Park’s appointment of representatives, Chief Justice Aaron Israel wrote the majority opinion-in-brief and specified a difference between Park, the sole representative because she acts on behalf of the council, and the students she brings along as delegates, who are going on their own accord.
He wrote that the language in the bylaws identifies a singular individual who will represent USAC, meaning Park. He further stated that since Park had not appointed an official alternate to take her place as council’s representative, she was not required to seek USAC approval because she was the representative.
“I was definitely excited that it would be all over. It was good to get results in our favor because (it showed that the Judicial Board) was able to understand some of the complexities in our office, and how our office works,” said Park.
But justices Kyle Kleckner and Eva Moreno disagreed with the majority. Their brief stated it was clear the student delegates at the conferences held power, as they could speak, represent students and in some cases vote on propositions.
They said they believed the provision of the bylaw was made so USAC would be able to approve all voting members, which Park currently does herself.
“While obviously these authors are in the minority, we sincerely believe that the current appointment process for voting representatives is not only unconstitutional, but also severely flawed in its merits,” they wrote. They also recommended USAC revisit the bylaw to ensure “proper checks and balances.”
Doria disagreed with the ruling, though he stated it will not stop him from attempting to make the changes he believes necessary.
“I think the dissenting opinions had a much better idea of what’s going on,” he said. “Regardless, changes need to happen.”
USAC President Marwa Kaisey said she was disappointed with the decision, but said she did not question the legitimacy of the process.
“I think the decision is disappointing, especially the representative aspect, that there are unapproved students attending these conferences,” she said.
Israel said there are no appeals to the Judicial Board, but USAC can overturn the decision.
Kaisey and Doria both said the council would not try to overrule the decision. Instead Kaisey said Bruins United council members want to bring the bylaw up to the council to clarify it.
“(Bruins United) believes it is very important for these voting representatives to be approved by USAC so that they represent (a diverse group) of viewpoints,” Kaisey said.