IN THE BOARD OF ARBITRATION FOR THE UNIVERSITY PARK UNDERGRADUATE ASSOCIATION SPRING 2013 SEMESTER

KARTHIK DRAY KRISHNAN, ON-CAMPUS REPRESENTATIVE ANTHONY CHRISTINA, OFF-CAMPUS REPRESENTATIVE CURTIS HOUCK, OFF-CAMPUS REPRESENTATIVE RYAN STEPHENS, OFF-CAMPUS REPRESENTATIVE ELIAS WARREN, AT-LARGE REPRESENTATIVE Plaintiff v. JOHN ZANG, CHIEF OF STAFF SPENCER MALLOY, CHAIR OF THE ASSEMBLY COURTNEY LENARTZ, PRESIDENT Defendant : # -2013

PETITION FOR REVIEW

I.

COMPLAINT

The petitioners from the Internal Development Standing Committee (ID) of the University Park Undergraduate Association (UPUA), hereinafter Dray Krishnan et. al bring this action of Petition for Review under Article VII Section 1 of the Bylaws and Operational Code of the UPUA Board of Arbitration for alleged violations of 1. UPUA Budgetary Policy in regards to the Budget for the 20132013 Academic Year (Chair Discretionary, Presidential Discretionary) and 2. UPUA Code of Practical Standards (Policy #20-05).

II.

NATURE OF SITUATION

After receiving word about purchase in question, the Internal Development Committee met on January 8, 2013 (01/08/13) and moved into an executive session to discuss the matter. The ID Committee received the requested financial information on January 9, 2013 (01/09/13). Back on December 13, 2012 (12/13/12) an On-Line Credit Card Purchase form was received and time stamped by the office of Associated Student Activities (ASA). The purchase was for 2 (two) 16GB iPads with Retina Display, with an individual retail price of $499.00, totaling $1057.88. A single invoice from Apple.com was provided to ASA indicating the recipient of the iPads as John Zang. The purchase was signed by Treasurer Matthew Falcon and Co-signed by John Zang (who signed it on December 19, 2012 (12/19/12)) under Organization Signature. The ASA purchase form lists two distinct serial numbers under the single Purchase Form. The petitioners argue that this purchase was in direct violation of multiple clauses of the UPUA Budgetary Policy aforementioned as well as improper act of leadership according to the standards laid out in the UPUA Code of Practical Standards.

III.

CAUSE OF ACTION: VIOLATION

The plaintiff incorporates and re-alleges each violation was conducted or through failure of fiduciary obligation, by the defendants set forth in the below mentioned clauses. UPUA Budgetary Policy (As Amended March 2012) 8.9.1 The following shall not be funded by UPUA through legislation or any other means:

1. 8.9.1.14 Personal, non-contractual gain of any student faculty member, staff member or any other person exceeding fifty (50) dollars.

2. 9.4.1 Committees and the Executive shall be given a level of autonomy over the use of funds. Upon affirmation of the budget by the assembly and President, show cause in amounts less tha$1,000 will not need to be brought to the floor through legislation, while still complying with these expenditures will be known as discretionary measures.

3. 9.4.2 Upon use of a discretionary measure, a one page typed report must be provided to the assembly along with the agenda, executive and board of arbitration. If such spending violated use of the Student Activity Fee or the UPUA budgetary policy, the assembly though a vote of 3/4s or the President can charge the Board of Arbitration to review the use of spending. If deemed that the s pending violated standing measures, a sanction of up to the full amount of that entities budget may be removed.

4.

9.4.3 Committees or the Executive cannot pool funds together to avoid legislation before the assembly. The maximum of $1,000 may come from multiple sources, but if it exceeds that amount, is required to be legislated through the UPUA process.

5. 9.4.4 Discretionary measures must be approved by a majority committee vote of those present, with a quorum having been established. The vote count must be recorded in the one page report of spending.

Code of Practical Standards 1. 1. Members of the UPUA have a duty to uphold the Constitution and Bylaws of the UPUA and all entities therein and oppose any action taken by any institution; either external or internal that would serve as a detriment to student interests. 2. 6. Members of the UPUA will act in such a manner that their constituents, peers, and

chairs can rely upon them to perform their duties to the best of their ability.

DATED:

January 9, 2013

Respectfully Submitted

Karthik Dray Krishnan, Chair ID Committee kmk5731@psu.edu

Anthony Christina, Off-Campus Representative aoc5144@psu.edu

Curtis Houck, Off-Campus Representative cah5522@psu.edu

Ryan Stephens, Off-Campus Representative rms5389@psu.edu

Elias Warren, At-Large Representative egw5026@psu.edu