This is the fourteenth post in an ongoing series as we file Missouri Sunshine Law (RSMo 610) requests and investigate the non-renewal of the contract of University of Central Missouri President Aaron Podolefsky. Links to previous coverage are below the fold. BG and MB
Prompted to delve deeper into the University of Central Missouri’s contractual relationship with a local radio station by the on air comments of one of the radio station’s principals, we’ve had quite an interesting journey.
Still, more than two weeks after those remarks were broadcast, the University remains silent.
We asked for a copy of the contract and the University provided it on October 16, 2009:
Paragraphs 12 and 13 from the 2005 contract [pdf] between the University and D&H media (KOKO radio) for the exclusive rights to broadcast university athletic events.
…12. KOKO/KWKJ shall pay CMSU a broadcast right fee of Fifteen Thousand and/no Dollars ($15,000.00) on a quarterly basis. Three Thousand Seven Hundred Fifty and no/100 Dollars ($3,750.00) shall be due to CMSU from KOKO/KWKJ on September 30th, December 31st, March 31st, and June 30th of each contract year. KOKO/KWKJ also will bill CMSU monthly for any phone charges incurred during the transmission of any games broadcast as outlined in No. 1 of this agreement.
13. KOKO/KWKJ will sell advertising time and will provide twenty-five per cent (25%) of the gross advertising revenue to CMSU. KOKO/KWKJ and CMSU shall review and reconcile the gross advertising sales information in a meeting prior to June 15th of each contract year. At that time, KOKO/KWKJ and CMSU shall divide the gross advertising revenue, with seventy-five per cent (75%) of gross advertising revenue of CMSU sports radio broadcasts to KOKO/KWKJ and twenty-five per cent (25%) to CMSU…
We’re still trying to get some answers about the amounts and dates of payments that are required by the contract.
And we’re still curious about the University’s response that Board of Governors’ authorization to sign the multi-year contract was not required.
On Thursday afternoon we received a reply to our second Missouri Sunshine Law request concerning the Paragraph 12 and Paragraph 13 revenues in the contract:
[….]Date: Thu, Oct 29, 2009 at 1:18 PM
Subject: Re: Request for information – RSMo-610[….]In response to your request of October 25, 2009, for “communications concerning the scheduling, agenda, and actions of any meetings concerning compliance with paragraph 13 of the contract…,” no such written communications exist. In response to your request for the “dates and amounts of those payments since the inception of the [KOKO/UCM] contract,” attached is a spreadsheet listing the dates payments were made and the amounts received.
[….]>>>[….]10/25/2009 8:22 AM >>>
Under RSMo 610 I am requesting the following information:
Concerning the following payments as required of the May 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University.
1. Under Paragraph 13 of the contract, any record of payments and communications about those payments, including, but not limited to, the specific dates and amounts for each payment made in compliance with paragraph 13.
On October 19, 2009 I specifically requested:
“…Under Paragraph 13 it is stated that the parties to the contract are required to meet annually to “review and reconcile the gross
advertising sales information.” Is it the assertion of the University, as indicated by the response to my original request, that no further
communications have taken place concerning compliance with Paragraph 13?If the meetings(s) took place, this is a request for communication(s) concerning the scheduling, agenda, and actions of any meetings concerning compliance with paragraph 13 of the contract….”
2. Under Paragraph 12 of the contract, any record of the quarterly payments and communications about those payments, including, but not limited to, the specific dates and amounts for each payment made in compliance with paragraph 12.
On October 19, 2009 I specifically requested:
“…Under Paragraph 12 KOKO is required to make quarterly payments to the University. This is a request for the dates and amounts of those payments since the inception of the contract.”
Thank you….
[emphasis added]
Note that our request “…1. Under Paragraph 13 of the contract, any record of payments and communications about those payments, including, but not limited to, the specific dates and amounts for each payment made in compliance with paragraph 13….” was ignored.
The following information was provided in a spreadsheet attached in response to our inquiry for records concerning payments and dates of those payments in compliance with Paragraph 12 of the contract:
KOKO Giving History 05 to present (file name)
700022652
KOKO KWKJ2005 09/03/04 3,750.00 2005M Mule Train Project Underwriting N CK Check
2005 11/12/04 2,750.00 2005M Mule Train Project Underwriting N CK Check
2005 12/13/04 750.00 2005M Mule Train Project Underwriting N CK Check
2005 04/06/05 3,750.00 2005M Mule Train Project Underwriting N CK 3439
2006 10/05/05 1,601.00 2006M Mule Train Project Underwriting N CK 3827
2006 12/30/05 3,750.00 2006M Mule Train Project Underwriting N CK 4021
2006 03/28/06 3,750.00 2006M Mule Train Project Underwriting N CK 4222
2007 10/05/06 1,789.00 2007M Mule Train Project Underwriting N CK 4623
2007 12/14/06 3,526.96 2007M Mule Train Project Underwriting N CK 4773
2007 03/28/07 3,750.00 2007M Mule Train Project Underwriting N CK 5002
2008 11/09/07 291.51 2008M Mule Train Project Underwriting N CK 5483
2008 01/14/08 3,250.00 2008M Mule Train Project Underwriting N CK 5638
2008 04/17/08 3,536.00 2007M Mule Train Project Underwriting N CK 5862
2009 11/21/08 2,062.00 2009M Mule Train Project Underwriting N CK 6382
2009 04/07/09 3,750.00 2009M Mule Train Project Underwriting N CK 6693
The quarterly payments in compliance with Paragraph 12 of the contract [pdf] should each be in the amount of $3,750.00 and should be on or before September 30th, December 31st, March 31st, and June 30th. In that context this spreadsheet, provided by the University makes no sense.
We have no idea what “Mule Train Project Underwriting” is.
We don’t know which fund the reported payments were deposited in. We didn’t ask. We might do so at some point in the future.
Yesterday afternoon, in yet another attempt to get the dates and individual amounts of the annual 25% gross advertising revenue payments due the University as required by Paragraph 13 of the contract, we sent the following Missouri Sunshine Law request:
….date: Fri, Oct 30, 2009 at 2:08 PM
subject: Request for information – RSMo 610Under RSMo 610 I am requesting the following information:
1. In reference to the 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University and to the document provided to me by the University on October 23, 2009 in response to my October 19, 2009 request titled “KOKO Revenues”, in the category “Compensation Remitted to UCM”, in the subcategory titled, “UCM Advertisin
g Sales Collections” for the amount of $29,000 as indicated for 2009.a. Provide a copy of all documents, including but not limited to – copies of all checks, documents showing all individual payment amounts, and documents showing the date received for all individual payments.
2. In reference to the 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University and to the document provided to me by the University on October 23, 2009 in response to my October 19, 2009 request titled “KOKO Revenues”, in the category “Compensation Remitted to UCM”, in the subcategory titled, “UCM Advertising Sales Collections” for the amount of $29,380 as indicated for 2008.
a. Provide a copy of all documents, including but not limited to – copies of all checks, documents showing all individual payment amounts, and documents showing the date received for all individual payments.
3. In reference to the 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University and to the document provided to me by the University on October 23, 2009 in response to my October 19, 2009 request titled “KOKO Revenues”, in the category “Compensation Remitted to UCM”, in the subcategory titled, “UCM Advertising Sales Collections” for the amount of $27,100 as indicated for 2007.
a. Provide a copy of all documents, including but not limited to – copies of all checks, documents showing all individual payment amounts, and documents showing the date received for all individual payments.
4. In reference to the 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University and to the document provided to me by the University on October 23, 2009 in response to my October 19, 2009 request titled “KOKO Revenues”, in the category “Compensation Remitted to UCM”, in the subcategory titled, “UCM Advertising Sales Collections” for the amount of $24,300 as indicated for 2006.
a. Provide a copy of all documents, including but not limited to – copies of all checks, documents showing all individual payment amounts, and documents showing the date received for all individual payments.
5. In reference to the 2005 contract to broadcast intercollegiate athletic events between D&H Media and the University and to the document provided to me by the University on October 23, 2009 in response to my October 19, 2009 request titled “KOKO Revenues”, in the category “Compensation Remitted to UCM”, in the subcategory titled, “UCM Advertising Sales Collections” for the amount of $23,100 as indicated for 2005.
a. Provide a copy of all documents, including but not limited to – copies of all checks, documents showing all individual payment amounts, and documents showing the date received for all individual payments.
Please provide an estimate of the cost of the charges for providing this information under RSMo 610.026.
Thank you…
Maybe the third time is the charm.
Our previous coverage:
Three steps behind, and to the right (January 25, 2008)
Three steps behind, and to the right, part 2 – a microcosm of our universe (September 21, 2009)
“A Gentleman’s Agreement”? (October 15, 2009) (transcript of a portion of the live radio broadcast)
It wasn’t just about a tree (October 21, 2009)
“A Gentleman’s Agreement?”: I heard it on the radio (October 21, 2009)
“A Gentleman’s Agreement?”: let’s not get cut out of the will (October 22, 2009)
“A Gentleman’s Agreement?”: $87.75 will get you one sheet of paper (October 23, 2009)
“A Gentleman’s Agreement?”: They’re not playing hardball, they’re playing cat and mouse (October 23, 2009)
“A Gentleman’s Agreement?”: a cola and some scoreboards (October 24, 2009)
“A Gentleman’s Agreement?”: a few more pieces of the puzzle? (October 28, 2009)
“A Gentleman’s Agreement”?: your silence means consent (October 29, 2009)
“A Gentleman’s Agreement”?: let’s not get cut out of the will, part 2 (October 30, 2009)
Old media irony impairment (October 30, 2009)