This is the thirty-fourth 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

Whoever it was who said irony is dead was wrong. Irony is not only alive and well, it is enjoying robust health.

The Department of Lucrative Athletics

By GILBERT M. GAUL

Published: November 27, 2009

….College presidents contend that their hands are tied by confounding economic forces. To pay for non-revenue sports like volleyball and track, they depend on their football and basketball programs. But this Faustian line of logic obscures some important points.

The rise of College Sports Inc. didn’t happen by accident. Administrators at many universities have allowed athletic departments to operate independently, like stand-alone entertainment divisions. They have separate budgets, negotiate their own TV deals and, in some cases, employ hundreds of coaches and staff. And as long as they continue to collect ever-larger sums from ticket sales, boosters and television, who is going to tell them to spend less?….

….If college presidents really wanted to halt the college sports machine, they could try two options. They could insist that athletic departments operate within their university budgets, like the English or biology departments; or they could ask Congress to rescind the tax breaks on the commercial income earned by athletic programs…. [emphasis added]

Of course, anyone who has followed this series knows what can happen to college presidents who tangle with their schools athletics department, especially if the Board of Governors are good-ole-boy athletics supporters for whom the college exists to support athletics rather than the other way around…you know…the way it’s supposed to be.  

A couple of weeks ago, on November 18, some students who value education over athletics organized a campus march in support of President  Podolefsky. One of the student organizers, who happens to be an officer in the Student Government Association, utilized the campus e-mail system (groupwise) to inform the campus community about plans for the march as they were made. This apparently annoyed the athletic director, and he fired off a snippy e-mail expressing that displeasure and attempting to put the unctuous student in his place.

The authenticity of the emails that follow was confirmed by a telephone conversation with the student organizer on December 1, 2009:

[….] Nicholas McDaniels 11/18/2009 1:54 PM [….]

We had approximately thirty people out today marching in support of the President and against the board of govenors.  Those thirty include two old board members.  I appreciate everyone’s help and the event was extremely succesful.  I will keep everyone updated with our calls to the governor and suggest that faculty and staff call the governor as well.  Also, an important note: The next board of governors meeting we plan to invite everyone to attend so we can show them how we feel.  So please plan on attending.  It is currently planned for the week of finals.  I will email more details as the come available.

Thanks for your time,

Nick McDaniels

[….] Jerry Hughes 11/18/09 4:12 PM [….]

Nick, It’s my understanding that you where given access to the groupwise account to provide information to the campus community about your recycling project.  Let’s please keep your comments to information about recycling and not your personal agendas. You should make those comments on social networking web sites as opposed to groupwise.

Jerry Hughes

Director of Athletics

The student was not cowed by Mr. Hughes, and made that clear in his response.

[….] Nicholas McDaniels 11/18/2009 4:36 PM [….]

Jerry, I have been given access for two reasons, first and foremost as a SGA Vice President, who’s duty is to represent the students.  As many polls indicate the students feel strongly about our president and want him to stay, therefore I am doing my job and utilizing a resource provided to our SGA for that reason.  Second reason is for recycling, not to be confused with my above actions.  Recycling has nothing to do with this.  If any of my bosses have any problems with me using this tool, which students paid for, they can let me know.  I would be interested in how this has to do with athletics, but that is neither here, nor there.  I appreciate your sentiments.

Sincerely,

Nicholas McDaniels

Vice President of the House

SGA

[….] Jerry Hughes 11/18/09 5:39 PM [….]

Nick, If your objective is to converse with your  fellow students in your role as SGA Vice President, then I believe you should do that through the student email system, as opposed to groupwise.  You do not represent the faculty, professional staff, support staff or bargaining unit employees in your role as SGA Vice President.  You represent the students and your focus should be conversing with the group you represent.

My comments to you have nothing to do with intercollegiate athletics.  I made my comments to you as a individual who has committed 38 years to education.  I have over 30 years as a Senior Level Administrator at the University of Central Missouri.  I am always interested in helping to educate young people and that’s why I sent you the original email.    It’s my opinion that you misused your groupwise account privilege.

Jerry Hughes

Director of Athletics

[….]Nicholas McDaniels [11/18/09 6:10 PM] [….]

Jerry, I understand your position, I am using groupwise to send out the student position to all faculty and staff and work with faculty and staff.  Unfortunately, we cannot email all students and this is the best means of communication (we are not given access to a mass email to all students).  Either way, have a good night and good luck with finding a President that will be friendly to athletics and move us through a 4-7 million dollar budget crisis.

Nick McDaniels

The Associate Athletic Director also weighed in with an email that is equal parts chest-thumping indignation, patronizing condescension and plain old run-of-the-mill jackassery:

[….]Shawn Jones 11/18/09 4:45 PM [….]

Mr. McDaniels,

GroupWise is not the place for personal opinions and personal causes and opinions on campus leadership, i.e. your harsh comments regarding the Board of Governors.

As a student, I assume you have GroupWise access for your recycling project, which is worthwhile.  However, in my opinion, you have severely abused that privilege with your e-mails today.  

You are welcome to protest the Board’s decision, but I believe you had no right to post your opinions and information via the GroupWise system.  That is not the intent of the system.  Additionally, as a public relations professional, I have some advice for you…..Check your spelling and usage before you send out mass communication.  It is damaging to the credibility of your message when words are not spelled correctly.  Take the advice, or don’t take it….your call.

Nick, I am an alum and I have worked or been on this campus for 15 years.  That includes three different presidents.  You are a young man who clearly has a bright future ahead.  Your passion for this cause is clear.  However, let me assure you that this university will move
forward for years to come with many different presidents after you and I are long gone.  Some will be good, some may not be as good.  Those decisions are made by people appointed by the Governor of the State of Missouri and confirmed by the Missouri Senate.  You can’t call the Governor and just get board members removed because they voted against a president you like, or if they voted for a president you didn’t like.  If board members got removed because they voted against a president, then presidents would have no one to answer to and enjoy dictator-like control of state institutions of higher education.  None of us know the whole story because the board by law cannot comment.  Every business has leaders, owners or boards and they get to make the personal decisions, whether you care for them or not.  That is a reality you will most likely deal with the rest of your working life. The university is bigger than any one person, and will continue on and will continue to be a wonderful place and I hope you keep that in mind.  

Respectfully,

Shawn Jones

Shawn Jones

Associate Athletic Director

I’m sorry – but I have to ask…Does anyone else get the feeling that what he really wanted to say here was “Let’s measure ’em!”?

Fortunately, our student organizer isn’t intimidated by jocks:

[….]Nicholas McDaniels 11/18/2009 5:38 PM [….]

Mr Jones,

For your information, I am the Student Government Vice President of the House and that is why I have groupwise.  I am representing approximately eighty percent of the student body (according to the mule skinner), therefore, I have every right to utilize this tool, provided to me by the administration.  

I believe you have severely overstepped your boundaries as assistant athletic director to get involved with an issue that does not regard you.

Your point on my grammar is correct, I should have proof-read the email better.  I was naive to think that I would be able to send out a campus-wide email, without receiving such scrutiny.  It will not happen in the future.  

I do not expect to be able to call the governor and get my way.  However, I do believe in standing up for the student voice and working hard to keep students interests first.  I apologize that athletics seems to be so against the board, but I feel that it is necessary to stand up for student values.  Every major group does have a board, and it should be reactive to the needs of that group.  The opposition to the movement (yourself included) seems to have forgotten that three members voted against not rehiring the President.  You are also correct on the fact that none of us know everything about the situation, but as students we deserve to know what is happening, and if there is a problem we must act.  If there is something truly wrong with our President, I believe that it would have been a unanimous decision.  I find it truly upsetting that both you and Jerry Hughes have responded to me.  I truly hope that the University will continue to be a great place, but I am concerned that going into a huge budget crisis, it may not be.  I will tell you the same thing I told Jerry Hughes.  If you have a problem with me using the email system please contact Rich Morrell, the advisor for the Student Government Association.  

Sincerely,  

Nicholas R. McDaniels

Vice President of the House

SGA

At this point, the ADs underling goes beyond run-of-the-mill jackassery and sets himself apart as one of the masters of the trade. And please take note that the same person who criticized Nick’s grammar and maturity uses a triple question mark like a 12-year-old girl. All that’s missing is a “ZOMG!!!”

[….]Shawn Jones 11/18/09 6:13 PM [….]

Nick,

Wow.  What I now have is a real problem with your immaturity.  

You see, it does involve me because you sent it to me on GroupWise…remember???  If I “overstepped by boundaries” by questioning your misuse of the GroupWise system, then what are your boundaries?  I guess you can do whatever you want to whoever you want, but as a PR professional on this campus for a decade I can’t give you any advice on how to properly use a system I have used properly for ten years………You make no sense at all and it now frightens me that you are a leader of students at my alma mater.  

So you have every right to use this tool provided to you in any way you see fit, but I have severely overstepped my boundaries as an assistant athletic director by questioning your proper use of it?  I guess as a measly “Associate Athletic Director” I have no right to question a powerful man like yourself.  You mentioned that Jerry Hughes also responded to you.  He’s been working on this campus longer than you have been alive.  Can he question your use of GroupWise incorrectly?

Additionally, athletics is not against the board as you stated.  I am not choosing sides and my e-mail to you did not choose sides.  I tried to be friendly and respectful and you respond by acting as if I have no right to feel you misused a university communications tool….I mean what do I know about public relations, marketing, media relations right???????  You put words in my mouth and it would appear you believe everything you read from those who write blogs who have an anti-intercollegiate athletics agenda. Leadership 101 is listening to all sides and forming your own opinions.  You have never met me, we have never had any conversation on the university, yet you made wild allegations on what I think.  How do you know how I feel?  All you know is that I think you misused the GroupWise system and that I tried to help you understand why you may not know everything you desire to know on the president’s contract renewal.  Because I sent that, according to you, I am against your “movement”.  Again, wow.    

You have proven my point that everyone is not prepared for the power that comes with being able to reach everyone on campus via GroupWise.  Clearly, life has not yet provided you with thick skin or the ability to deal with things that don’t go exactly the way you had planned out in your mind.  

Shawn Jones

Shawn Jones

Associate Athletic Director [….]

An over-the-top screed like that pretty much clears up how you feel. And to turn around your concerns…that a PR professional lacks any judgment or common sense and puts a hyperbolic tirade like that out there in an email that is bound to become public frightens me.

[….]Nicholas McDaniels [11/18/09 6:25 PM] [….]

Ok, I am sorry if you think I am immature.  I felt it was wrong that a associate athletic director felt it was necessary to tell me that I was abusing my right to inform the citizens of this community about the way the students seem to feel.  I am not saying that I can do whatever I want.  I did not feel like your message was advice.  I felt it was an attack (one of the problems with email, as I am sure you are aware, you can not see emotion).  

I never implied nor stated that I thought I was a powerful man.  I do think it is a duty of mine to try and keep the student voice known and to alert the campus of what is happening.  Jerry also questioned my use of GroupWise, but why? Did both of you question every single faculty member who has used GroupWise, or just myself?  I would be very surprised if you questioned every single person.

I hope you saw my email that clarified I meant the president and not the board.  I did not feel like you were being respectful (once again, a problem with email, I can see none of your emotion and had received several hateful emails).  I have read from several sources and always draw my own conclusions.  I think you are against the movement, not mine, because you sent an emai
l correcting my grammar (rightfully so), telling me information on the issue, and trying to get me to stop emailing.  If this is solely because I am emailing, I would hope you also emailed every single other person who have typed on this email system about the issue.  

You know nothing about my life or how thick my skin is.  I hope you realize that I responded the way I did because of your email and the way I interpreted it.  I still do not agree with you.  I believe email is a pertinent system of communication and I could (with some difficulty) prepare the same list as gwusers.  I think you have drawn conclusions about me as I did with you.  My life has been filled with work, never given anything, and I never take things for what they seem.  I am not asking for anything from you other than to let me, like everyone else, email about this issue.  I hope you and Jerry understand why I am emailing and I hope that this is the end of this conversation.  

With respect,

Nick

We hope so too, Nick.

Our previous coverage of the issue:

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)

“A Gentleman’s Agreement?”: I heard it on the radio, part 2 (October 31, 2009)

“A Gentleman’s Agreement”?: where everybody knows your name (October 31, 2009)

Methinks that someone is paying attention! (November 2, 2009)

“A Gentleman’s Agreement”?: Bond, Stadium Bond (November 4, 2009)

“A Gentleman’s Agreement”?: where everybody knows your name, part 2 (November 4, 2009)

“A Gentleman’s Agreement”?: I heard it on the radio, part 3 (November 5, 2009)

“A Gentleman’s Agreement”?: nothing succeeds like success (November 6, 2009)

“A Gentleman’s Agreement”?: your Friday news dump (November 6, 2009)

“A Gentleman’s Agreement”?: nothing exceeds like excess (November 7, 2009)

“A Gentleman’s Agreement”?: a grade for Accounting 101 (November 7, 2009)

“A Gentleman’s Agreement”?: there ought to be a law (November 8, 2009)

“A Gentleman’s Agreement”?: there’s gotta be a contract around here somewhere (November 9, 2009)

“A Gentleman’s Agreement”?: there ought to be a law, part 2 (November 10, 2009)

“A Gentleman’s Agreement”?: Garbo speaks! (November 12, 2009)

“A Gentleman’s Agreement”?: the Kansas City Jewish Chronicle (November 13, 2009)

“A Gentleman’s Agreement”? Follow the money and it reveals the timeline (November 14, 2009)

“A Gentleman’s Agreement”?: the new president search consulting contract (November 18, 2009)

“A Gentleman’s Agreement”?: a march on a cold and rainy day (November 18, 2009)

“A Gentleman’s Agreement”?: raise their voices (November 19, 2009)

“A Gentleman’s Agreement”?: great moments in radio reporting (November 21, 2009)

The Associated Press reports this:

Mo. gov’s office settles e-mail deletion lawsuit

By CHRIS BLANK…

JEFFERSON CITY, Mo. (AP) – Gov. Matt Blunt’s office will turn over thousands of pages of e-mails to inspectors for the state attorney general’s office to settle a lawsuit accusing Blunt and other officials of “knowingly and purposely” violating the state’s open records law, the two sides announced Tuesday.

Under the deal, Blunt’s office must turn over e-mails from the accounts of the outgoing Republican governor and five staffers from a three-month period in 2007. The same e-mail records were released last month to news organizations that had joined the lawsuit against the governor’s office to pursue independent open-record requests.

In exchange for the e-mails, the special investigators agreed they wouldn’t refile the lawsuit.

Blunt admitted to no wrongdoing…

[emphasis added]

That reads to me like some sort of legal impasse was resolved – the special investigators got what they wanted.

And then there’s spin. The office of Missouri Governor Matt “baby” Blunt issued this press release:

FOR IMMEDIATE RELEASE

Tuesday, December 23, 2008

Contact: Jessica Robinson…

Gov. Blunt Proven Correct After Thirteen Months of False Accusations Over E-Mail

         JEFFERSON CITY – Gov. Matt Blunt’s office was proven correct today after thirteen months of false accusations initiated by an e-mail team created by Jay Nixon. Gov. Blunt, who was never questioned in the case, received the strongest possible dismissal making it clear that these false accusations can never be made against him again.

         In addition to the governor, all four public servants in the Blunt administration who were falsely accused by Jay Nixon’s e-mail team have also been dismissed and vindicated.  This 13 month long political campaign over e-mail has cost Missouri taxpayers more than $600,000.

         “Finally, after making false accusation after false accusation and wasting hundreds of thousands of taxpayer dollars, the e-mail team brings this political case to a conclusion two days before Christmas,” said Gov. Blunt’s spokeswoman Jessica Robinson.  “After falsely accusing many the only real outcome is that the governor’s office was telling the truth.  This agreement comes just as the office was seeking to question an official in the Attorney General’s office over his destruction of e-mails.  One can see why they would be embarrassed by the result of their 13 month long legal fiasco and would seek to bury the story during the week of Christmas.”…

…In an agreement between the governor’s chief of staff and the e-mail team, the governor’s office agreed to provide the e-mail team with the same information they have already provided to the media.  The agreement also included a brief tour of the governor’s staff offices, an inventory of furniture in two offices, photographs of the governor and the First Lady and press releases, all of which were produced with ease and which further demonstrate that the governor’s office was following the law.  This political case ends with five dismissals, no findings of any wrong doing and no charges of any kind.

         “Through no fault of the governor’s office, Missourians have been charged more than $600,000 for tens of thousands of e-mail documents that prove the governor’s office was telling the truth, office furniture lists, and requests for photographs and press releases that are already available on our Internet site,” said Robinson.  “We would expect that taxpayers will ask themselves and Jay Nixon if this kind of politics was worth $600,000.”

         Governor Blunt and Blunt officials Rich Aubuchon, Ed Martin, Dan Ross and Larry Schepker were all falsely accused.  All have been vindicated.

         “These public servants are still owed an apology, but the real victims of this unnecessary, political case are Missouri taxpayers who were charged more than $600,000 over e-mail,” said Robinson.  “If you are a Missouri taxpayer next time you hit the delete button on an e-mail that you do not need and is not required by law to be retained think about how absurd this whole thing has been.”

         Gov. Blunt’s office has provided more information and records than any other elected official in the history of Missouri.  He has made state government more open and transparent with initiatives like the Missouri Accountability Portal which has placed Missouri’s checkbook online at (http:/mapyourtaxes.mo.gov).  Gov. Blunt also created a permanent e-mail retention and retrieval system to make it easier and more affordable to respond to open records requests for state government e-mails, especially requests for massive amounts of information.

         The Associated Press has reported that Attorney General Jay Nixon has refused to participate in the permanent e-mail retention system in both the Attorney General’s office and his transition office.  The Attorney General’s office also went to court to prevent Jay Nixon official Scott Holste from answering the same questions the governor’s office has answered.  Mr. Holste told The Associated Press on September 24, 2007, that he destroys many of his e-mails and asserted that “a lot” of what the Attorney General’s office does would not have to be retained.

There’s so much spin in there that if you hooked it up to a generator it’d solve the energy crisis.

It just goes to show you, some people never get out of junior high school.

There’s got to be a super secret republican governor’s handbook somewhere that tells them: “Whatever you do, don’t let anybody see your embarrassing e-mails.”

Alaskan Governor Sarah Palin (r – apparent heir to the legacy of Darth Cheney) has obviously read the handbook:

Palin e-mails off public record

by Rebecca Palsha

Wednesday, August 6, 2008

ANCHORAGE, Alaska – E-mails from the Palin administration are being withheld from the public and the governor is citing executive privilege.

With subject lines like “Fagan,” “Andrew Halcro” and even “Alaska Ear,” it makes some wonder how those topics could possibly be policy related; especially since those same e-mails were copied to the governor’s husband…

Heh. Just think what our world would be like if Missouri Governor Matt “baby” Blunt were the republican nominee for vice president. He has some of the same qualifications and most of the same ideology as Sarah Palin.

There is so much irony on so many levels.

…Since the Nixon administration, a mantra repeated during many scandals has been, “It’s not the crime, it’s the cover-up…”

The Kansas City Star has an online copy (pdf) of the lawsuit filed in Cole County by Special Investigator C.E. Fisher against Governor Matt “baby” Blunt in the e-mail destruction/obstruction case. It’s kind of nice that the paper saved us a drive down to Jefferson City to get a copy. The document provided by the paper does not have the case number nor any filing stamp on the header. tiny URL

Oh, yeah. The Kansas City Star did a front page story (below the fold) in this morning’s Kansas City Edition. tiny URL

It’s on the Missouri Courts case system:

08AC-CC00370 – STATE OF MO EX REL V MATTHEW R BLUNT ET AL

Judge Assigned: CALLAHAN, RICHARD G

Date Filed: 05/05/2008

Location: Cole Circuit

Case Type: CC Declaratory Judgment

Disposition: Not Disposed

There are some interesting revelations:  

First, someone in the Blunt administration who was concerned about the law spilled the beans on the Blunt administration:

…30. On November 1, 2007, after hearing the aforementioned confrontations with Ross, an employee of the Office of Administration contacted a member of the Attorney General’s office and confidentially reported the activities of Ross to the Office of the Attorney General. After receiving this information, the Attorney General took steps to begin an investigation…

Second, that big bill for the records request was not exactly a big bill for the records request:

…63. On February 8, 2008, Mr. Holstein provided his supplementary response to his January 8, 2008 correspondence. In his response on behalf of Defendant Blunt and the Office of Administration, Holstein communicates an estimated cost of $540,940.00 to determine which records Defendant Blunt is required to produce, said amount not including any costs of copying or electronic formatting. Of the $540,940.00 estimated costs, $467,840.00 was for attorney time to review the records…

It was a big bill for attorney’s fees.

What’s the lawsuit all about?:

…73. In order to complete the instant investigation, Plaintiff must review the records of e-mail transmissions and other records currently in the custody of the Office of the Governor and the Office of Administration…

The big revelation?:

…89. Defendant Blunt or those acting on his behalf, under his control or at his direction have violated or attempted to violate the provisions of Chapter 610, by:

a. instituting and overseeing practices to delete email transmissions from forty-three (43) computers located in the Office of Governor…

…b. attempting to compel employees of the Office of Administration to place backup tapes containing public records back into a rotation cycle after Sunshine Law request had been made for such records which would prevent the proper disclosure of public records…

Uh, oh.

And why did they do it?:

…90. The actions set forth in the preceding paragraph where taken to mitigate potential personal and political damage to Defenfdant Blunt and not in furtherance of any legitimate governmental interest…

Yeah, read the “Exhibit 3” attached to the lawsuit.

“…it’s the cover-up”