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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.”