1. President Concepcion opened the discussion by explaining that the main issue on the election of the 7th Staff Regent is the inclusion of non-UP contractuals who do not have employee-employer relationship with the University, in the eligible voters. He cited Section 12(h) of Republic Act No.9500, otherwise known as the UP Charter of 2008, to wit:
“One Staff Regent representing the full-time permanent research, extension, and professional staff (REPS) and administrative personnel, and chosen by them from their ranks in accordance with the rules and qualifications set by their duly recognized organizations, to serve for a term of two (2) years.”
34 I. CONDUCT OF BUSINESS (cont’d)
A. On the Guidelines for the Selection and Election . . . (cont’d) . . .
President Concepcion added that in the previous Staff Regent selections, the selection and election guidelines specifying who are qualified to be nominated as Staff Regent and who are eligible to vote, are signed by the representatives of duly recognized organizations of administrative staff and REPS. Then it is submitted to the Office of the President with a request for the President to issue an Administrative Order (AO) organizing a System Level Ad Hoc Committee with the function to supervise the conduct of the elections in accordance with the guidelines approved by the recognized organizations. He added that there have been no issues encountered in the past 6 elections of Staff Regents. However, for the 7th Staff Regent Election, there were numerous objections to the guidelines prepared by the Office of the Staff Regent, particularly on who should be eligible to vote, resulting in the refusal of representatives of some employee organizations to sign the guidelines. Since the BOR has a standing policy that it will not interfere in the selection and election of the Sectoral Regents, he called the attention of Staff Regent Pedrano on these objections with the advice to resolve the issues amongst themselves. Consequently, Regent Pedrano called another meeting to address the issues, but apparently, the issues were not resolved.
2. President Concepcion further explained that, since there are objections to the selection and election guidelines for the 7th Staff Regent Election, he referred the letter of Regent Pedrano dated 22 June 2021 to the Office of the Vice President for Legal Affairs (OVPLA). In its opinion of 2 July 2021, the OVPLA pointed out that some of the provisions of the guidelines are in violation of Section 12(h) of the UP Charter of 2008, particularly the inclusion of non-UP contractual employees (those with no employee-employer relationship with the University) and casual employees (employees with employee-employer relationship but no plantilla items) as eligible voters. The OVPLA clarified that the main issue before the Board is whether the Job Order workers (JOs), the Contract of Service (COS) workers, the temporary and casual employees who do not have full-time permanent employment in the University should be allowed to vote in the 7th Staff Regent Election.
3. Regent Pedrano informed the Board that she wrote a letter objecting to the holding of a special BOR meeting to discuss the selection guidelines of the 7th Staff Regent, since Section 12(h) of the UP Charter provides that the selection of the Staff Regent is a non-academic staff activity beyond the control or supervision of the UP System. As for the selection process, she stated that the Office of the Staff Regent had initiated the selection process in April 2021 by sending a letter to the Office of the President requesting for the issuance of an AO for the creation of the System Level Ad Hoc Committee and CU Level Committee for the 7th Staff Regent Selection. However, even prior to the request for an AO, a series of consultations were already conducted with representatives of duly recognized organizations of administrative staff and REPS, including the All UP Workers Union (AUPWU). The request of the AUPWU to include its CU Chapter
35 . . .
A. On the Guidelines for the Selection and Election . . . (cont’d) . . .
Presidents as representatives in the consultative body was not granted since it will be unfair to other recognized organizations with only one president.
She added that, during their 22 June 2021 consultation meeting, the organizations involved in the 2017 consultations for the selection and election of the Staff Regent were invited in the drafting of the guidelines for the selection and election of the 7th Staff Regent. Of the 16 representatives of duly recognized organizations who attended the meeting, 12 representatives signed the proposed selection and election guidelines which constituted majority of those present.
Regent Pedrano clarified that the request for the changes in the guidelines came from the representatives and not from her. She merely facilitated the said meeting.
She also clarified that the representative of the AUPWU left the consultation meeting on his own. There was no intent nor action taken on her part to exclude the AUPWU in the said consultation meeting. She even requested the representative to return, or for any other AUPWU official to join the consultation meeting on his behalf. But since there was no one from AUPWU who rejoined the meeting, the body agreed to continue the meeting without the AUPWU representative. She said that by walking out of the meeting, the AUPWU representative lost his opportunity to be heard. She remarked that in 2015, only eight (8) representatives signed the selection and election guidelines for the Staff Regent and in 2019, there were no consultation meeting or assembly conducted prior to the approval of the selection and election guidelines.
4. Regent Pedrano highlighted that under Article II, Section 3 of the Guidelines for Staff Regent Selection, the “selection of the Staff Regent is exclusively a staff affair. The participation of UP Administration at the System, CUs, RUs level are solely for administrative and logistical support of the duly constituted Ad Hoc Committee in their respective levels, and the other sectors in the University may serve as observers of the selection process; and are prohibited from interfering with the process in whatever form or manner inconsistent with this principle. She also cited former Regent Farolan’s opinion during the 2019 Staff Regent selection that “the UP Charter provides for autonomy of the REPS and administrative staff sectors to choose a Staff Regent from their ranks in accordance with the rules and qualifications set by their duly recognized organizations”. He said that “any intervention by the Board at this point may be construed as undue intrusion and violation of this provision.” In view of this, Regent Pedrano posed the question on whether the non-approval by the BOR of the selection and election guidelines duly signed and approved by the representatives of recognized organizations of administrative staff and REPS is a violation of those principles and a disservice to these organizations. She said that the conditions in the University have changed since the approval of the UP Charter in 2008. Since there are now about 2,163 non-UP contractual personnel in the University, it is high time that their request for representation should be heard.
36 I. CONDUCT OF BUSINESS (cont’d)
. . .
A. On the Guidelines for the Selection and Election . . . (cont’d) . . .
5. At this point, Regent Laserna joined the meeting.
6. Regent Go said that it is clear from Sec 12(h) of the UP Charter that the Staff Regent should be a representative of full-time permanent research, extension, and professional staff (REPS) and administrative personnel. Despite numerous consultations, the provisions of the law will still stand. He manifested that he does not want to be involved in this kind of activity because he wants to respect the autonomy of the administrative staff and REPS in determining their representative to the BOR, but it should be in accordance with the provisions of Section 12(h) of the UP Charter. He said that what he can do is to propose amendments to the UP Charter to allow the JOs, temporary, and casual employees to participate in the Staff Regent selection.
7. President Concepcion agreed with Regent Go that the inclusion of the non-UP contractuals cannot simply be resolved by the revision of the selection and election guidelines. It must be made through an amendment of the UP Charter.
He informed the Board that he is being accused of dilly-dallying on the creation of the AO but he said that he cannot issue an AO if the guidelines are not compliant with the UP Charter. He said that even the composition of the 12 representatives who signed the selection and election guidelines are being questioned since some were not full-time permanent employees and therefore not eligible/qualified to participate in the crafting of the guidelines.
8. Regent Go proposed to return the guidelines to the sector to comply with the provisions of the UP Charter. He said that he is willing to propose an amendment of the UP Charter in Congress to address the issue on the non-UP contractuals.
9. Regent Pedrano informed the Board that in the 2014 election guidelines for the Staff Regent, contractuals were already allowed to vote. Also, in the 2018 election for the representatives of the REPS Welfare Council, REPS who are non-UP contractuals were allowed to vote. She said that this practice has been going on for a while.
10. In response to the query of Regent Go regarding the guidelines of past staff regent selections, President Concepcion explained that in the 6th Staff Regent Selection, he signed and issued the AO because there were no objections or issues raised in the selection and election guidelines. However, for the 7th Staff Regent Selection, there were objections on the selection and election guidelines which triggered his submission of the guidelines to OVPLA for opinion. Since the OVPLA says that some provisions are not compliant with the provisions of Section 12(h) of the UP Charter, he submitted it to the BOR for consideration.
37 . . .
A. On the Guidelines for the Selection and Election . . . (cont’d) . . .
11. Regent Co expressed support for Regent Pedrano. As a sectoral regent herself representing students, Regent Co said that there was an OVPLA opinion approved by the BOR recognizing the veracity of student regent representation as a matter beyond the scrutiny of the Office of the President or of the Board of Regents. It is clearly stated in the Codified Rules for the Selection of Student Regent that the selection of the Student Regent is exclusively a student affair. The administration and other sectors in the University are prohibited from interfering. The endorsement by the UP President, the Philippine President, or other bodies are purely ministerial. While there may be no similar document for the Staff Regent or Faculty Regent, she believes that the same principles apply to Staff Regent selection. Given the points and issues raised on the guidelines and selection process and given that Regent Pedrano already noted the issues, Regent Co proposed to let the administrative staff and REPS resolve the issue amongst themselves instead of it being interfered with by the BOR. She manifested that she understood the plight of non-UP contractuals and their call for representation.
She agrees with allowing the non-UP contractuals to vote but not to run as Staff Regent. She also agreed with the suggestion of Regent Go to amend the provisions of the UP Charter in the future to include the non-UP contractual employees in the Staff Regent selection.
12. Regent Aguiluz asked the implication if the Staff Regent is a non-UP contractual.
President Concepcion clarified that the issue is not yet on whether a non-UP contractual is allowed to run as Staff Regent but whether he or she is allowed to vote. But if a Regent is voted into office by non-UP contractual personnel, there might be an issue with his/her decisions in the future because s/he was voted by those employees who are ineligible to vote.
13. At this point, Regent Pedrano informed the Board that her term will end on 23 July 2021. President Concepcion said that based on the OVPLA opinion, Regent Pedrano may continue as Staff Regent on hold-over capacity until her successor has been elected and qualified. When asked if the hold-over requires BOR approval, President Concepcion explained that in the case of Student Regent, the BOR approved the hold-over.
14. Regent Go moved that the Board approve the hold-over of Regent Pedrano after the expiration of her term on 23 July 2021 until a new Staff Regent is elected.
Regent Aguiluz seconded the motion. There being no objections, the motion was approved.
38 I. CONDUCT OF BUSINESS (cont’d)
. . .
A. On the Guidelines for the Selection and Election . . . (cont’d) . . .
15. Regent Pedrano asked if it is possible for non-UP contractuals to sit in the System Level Ad Hoc Committee as members or observers. President Concepcion said that there might be an issue in the future if the implementors are not qualified to vote. If an issue arises during the conduct of an election, the vote/decision of those representing unqualified organizations will be questioned because they are making a decision on something that they are unqualified to participate in. Regent Go said that making them non-voting observers is possible, to which President Concepcion agreed for as long as they are non-voting.
16. After further discussions, President Concepcion moved to return the Guidelines for the Selection and Election of the 7th Staff Regent to the sector for further review, and for compliance with Republic Act 9500, particularly with Section 12(h). Regents Go and Aguiluz seconded the motion. There being no objections, the same was approved.
Board Actions:
1. On the guidelines for the selection and election of the 7th Staff Regent:
The BOR resolved to return the Guidelines for the Selection and Election of the 7th Staff Regent to the sector for further review, and to comply with Republic Act 9500, particularly with Section 12 (h).
2. On the holding over of Staff Regent Mylah Pedrano:
Staff Regent Mylah R. Pedrano may continue as Staff Regent on holdover status after the expiration of her term on 23 July 2021, until her qualified successor is elected.
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