USAC to vote on proposed conflict of interest bylaw changes

The undergraduate student government may change its bylaws in coming weeks to eliminate wording that says councilmembers should avoid the perception of a conflict of interest. The changes would stipulate that conflicts of interest only come from an ongoing contractual or financial obligation, or a financial interest in a decision made as an elected official.

The Undergraduate Students Association Council is also set to vote on a proposal to create a communications director position that would be appointed by the USAC president and work to promote the work of USAC as a whole.

USAC President Avinoam Baral, who proposed the conflict of interest bylaw change, said the changes stem from a judicial board ruling in spring. He added that he thinks the new definition would not change university expectations for USAC, but would clarify what constitutes a conflict of interest.

The current bylaw states: “No Association member, elected or appointed, shall directly or indirectly receive improper benefits, as defined below, as a result of his or her position. Officers or appointed members shall avoid even the perception of such a conflict of interest.”

The proposed change would eliminate wording such as “perception” and “appearance” that might make conflicts of interest subjective, Baral said. It would also specify that divided loyalty in a conflict of interest must be the direct result of a financial or contractual obligation.

Baral said he put the proposed change forward last week for the Constitutional Review Committee in response to a spring USAC Judicial Board case in which board members examined the bylaws in relation to two former councilmembers’ votes on a controversial divestment resolution. Prior to voting on February’s resolution to divest from companies some say profit from human rights violations in the West Bank and Gaza, former councilmembers Sunny Singh and Lauren Rogers took free trips to Israel with the Anti-Defamation League and Project Interchange, respectively, while in office.

The USAC Judicial Board found that Singh and Rogers did not engage in conflicts of interest based on precedent set in 2011 when Financial Supports Commissioner Rustom Z. Birdie was found guilty of “wrongdoing” for a conflict of interest and subsequently resigned. Birdie used his office to promote Jobbook.com in exchange for shares in the website.

In May, the Judicial Board said in its opinion on the case that the bylaws were ambiguous to the point of being easily misinterpreted. The board then advised the council to consider revising the bylaws after finding Singh and Rogers not guilty.

“Appearance can also be misconstrued or misunderstood, and affirming that the mere appearance of divided loyalty is sufficient for charging a Councilmember with a conflict of interest grants an individual’s opinion the ability to revoke the rights and duties of a Councilmember,” the board said in its opinion.

The board also said in its opinion that perception could be considered as an “auxiliary” when a conflict of interest is likely, but it should not be the primary justification for a ruling.

USAC Facilities Commissioner Carlos Quintanilla brought forward the second proposed bylaw change, which calls for the USAC president to appoint a communications director. The new position would not sit on council or come with a stipend, said Financial Support Commissioner Heather Rosen, who asked the council to add the proposals to their upcoming agenda.

Some other student governments have similar positions that focus on publicizing and representing student government as a whole, rather than focusing on the activities of its individual offices, Quintanilla said.

Currently, some USAC offices have their own communications directors to publicize and market their events and campaigns. Quintanilla added that he thinks a position dedicated to public relations would also make the council more transparent.

The communications director would work with all USAC offices to ensure a cohesive message is sent out to the student body, Rosen said.

The position’s actual duties, however, will be determined by the council only if the proposal passes and a director is appointed, she added.

The USAC Constitutional Review Committee has already approved both proposals and the council is set to vote on the bylaw changes at its meeting Dec. 2.

Contributing reports by Sujung Hahn, Bruin contributor.