A bylaws change made last week was reversed by the undergraduate
student government Tuesday night after the discovery of a missing
clause in its constitution.
A section that outlines a two-thirds voting threshold needed to
create a bylaws change was accidentally removed from the
Undergraduate Students Association’s constitution in 1984 as
a result of a clerical error.
That clause was left out when the document was retyped in 1984,
but has never been removed by a student vote. Any constitutional
change occurs only after a two-thirds vote by the undergraduate
student population.
The Undergraduate Students Association Council has been voting
on bylaws changes according to the two-thirds precedent, and the
missing clause was not realized until it was challenged last
week.
USAC meetings are run according to “Robert’s Rules
of Order and Parliamentary Procedure,” a book that specifies
the standard for the rules of meetings, unless otherwise specified
by the bylaws.
“Robert’s Rules” requires only a simple
majority to change bylaws.
After extensive research of changes made to the constitution,
past council’s minutes and Daily Bruin archives,
councilmembers determined that the bylaws voting clause was never
officially removed.
The research was headed by Administrative Representative Rick
Tuttle, who sat on council in 1984 and was able to draw on his
personal experience.
The reversal of the bylaw change concerned the voting threshold
necessary to approve changes to office space allocation guidelines,
which govern how office space in Kerckhoff Hall is assigned to
student groups and how its use is evaluated.
USAC approved office space allocation guidelines earlier this
year, and office space has remained a key issue among
councilmembers since.
Student Power! councilmembers said the bylaw change’s
reversal was needed following last week’s overturning of
decades of precedent.
“I’m glad that council stood by the
constitution,” said President Jenny Wood. “Some
councilmembers wanted to mistakenly believe there was a loophole in
the bylaws, but our constitution is pretty clear. (Last
week’s) decision was made very rashly.”
External Vice President Jeannie Biniek, a member of Student
Power!, said the reversal was needed because slate politics played
a major role in last week’s changes.
“Council acted responsibly in reversing (last
week’s) decision,” said Biniek. “Governing
documents should not be able to be changed based on the politics of
council.”
Bruins United councilmembers said the reversal was an
appropriate action because of the strength of the constitution,
though changes still need to be made.
“The constitution is a contract between students and the
governing body,” said General Representative Brian
Neesby.
Neesby said he has no intention of violating the constitution,
but he will do all he can to advocate change.
The bylaw reversal is not the end in the campaign to create
change in office space allocations, Bruins United councilmembers
said.
The current allocation system opens up the allocation process to
all student groups, but makes it impossible for student groups to
lose their offices, preventing new student groups from receiving
space, said Neesby.
Though the office space allocation changes attempted have not
been upheld, councilmembers will “find another creative way
to find consensus on things divided,” he said.
Wood said the controversy over the bylaws reversal has been
beneficial to the council.
“This situation highlights the need for councilmembers to
work with one another and demonstrate leadership to overcome
challenges,” she said.