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"A Gentleman's Agreement"? – a conversation with KSHB-TV

17 Saturday Oct 2009

Posted by Michael Bersin in Uncategorized

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Aaron Podolefsky, missouri, University of Central Missouri

Our previous coverage:

Three steps behind, and to the right

Three steps behind, and to the right, part 2 – a microcosm of our universe

“A Gentleman’s Agreement”?

This morning I was contacted by KSHB-TV, the NBC affiliate in Kansas City, asking for an interview on the subject of the University of Central Missouri Board of Governors’ decision to not renew the contract of President Aaron Podolefsky. I agreed to the interview. We spoke for over twenty minutes. Only a few seconds of the interview were used for the station’s 6:00 p.m. broadcast of the story.

My transcript of our conversation:

KSHB-TV: …We’re, we’re kind of here to talk about what’s going on with the president. In a nutshell, people can’t find a bad word to say about him. Um, everything I read is glowing, and yet he’s not going to be here. They haven’t renewed his contract. Um, what’s going on?

Michael Bersin: I actually think that’s, that’s the problem. Um, we get word from the Board of Governors, uh, that they’re not renewing President Podolefsky’s contract. And yet they won’t tell us why.  Uh, he has a great deal of support among faculty. Uh, in my twenty years here Aaron Podolefsky has been the best president, in my opinion, for this institution.

KSHB-TV: Again, glowing reviews, so to speak, can’t find a bad word to say about him, yet there’s, there seems to be this mystery, and, and to be fair, I can’t remember someone’s contract not getting renewed other than in the instance of some sort of scandal or something where they actually didn’t talk about it. I understand it’s a personnel matter, but it certainly seems mystifying I guess.

Michael Bersin: I think that’s really the issue, is that people are mystified by this. And, uh, the other issue is that, uh, faculty are at universities, um, we’re here for a long time, uh, longer than most other stakeholders. Uh, students are here for a relatively short amount of time. Um, administrators do come and go, but faculty are here for the long term. So, the kinds of decisions that are made at institutions that, that affect the institution as a whole are felt very clearly by faculty. And so we do have an interest and we do assert our right to make our views known. What’s unfortunate is this Board of Governors doesn’t want to hear that. And I don’t think they want to, they don’t want to hear that. And I don’t think they care. What’s, uh, interesting to me is that, uh, the board…[]

…KSHB-TV: Well, actually, can, can you help me out first? I, I don’t want to cover so much of the here was the petition, there was the answer, this was the meeting, but how did it first come to light? How did the petitioners, for example, become aware, I mean, obviously, the, President Podolefsky’s contract was coming up, uh, for renewal, but how did there become a concern, how did, how were you guys aware that there might be a chance he wouldn’t be renewed.

Michael Bersin: One of the problems is that, you know, there is, there is a definite end date to contracts. And one of the problems is that if you anticipate that the contract isn’t going to be renewed what you want to do is to, to do that with sufficient lead time so that a suitable search and a suitable, uh, replacement with all of the input, the, the university community, can be put into place. In this kind of short time frame, that’s going to be near impossibility. No matter what anybody tries to say about it. Uh, these, presidential searches are very expensive, if they’re done properly, they’re very expensive, very thorough processes because this effects the institution, um, obviously, in, in a manner that’s, uh, very profound.

KSHB-TV: So it’s definitely, in so many ways, gonna be a loss the university.

Michael Bersin: Oh, absolutely. And, uh, uh, that’s, again, that’s what’s mystifying. Um, the board just, I, I just don’t understand it. And, uh, there, there have been, I think this is, this is what it comes down to. I believe that the board doesn’t want to tell us their reasons because if they tell us the reasons that they’re doing this it, they’re either going to be embarrassed or they’re going to come under heavy criticism.

KSHB-TV: That seems a not unreasonable assumption. And again, we’re grasping here because we don’t know, because it’s such a mystery.

Michael Bersin: But, you know, people in the academic world, uh, we have to deal with what’s put in front of us and we have to examine it and look at it. Uh, the board could easily deal with this. Tell us what the problem is….

KSHB-TV: …Can you envision, and, I say this because I can think of many people who I know who are competent and charming, but are human and make a mistake. Can you envision a scenario where something happened that they do not, that might be a good reason for not renewing someone’s contract and that they don’t want to get out there? And they literally can’t talk about because it’s a personnel issue? I think there’s a question [crosstalk] in there, sorry.

Michael Bersin: This is, this is what’s important, uh, about this. The Missouri Sunshine Law allows you to close certain matters, it doesn’t require it. Uh, the board can, could easily explain this to us if they wanted to. What they’re doing is they’re hiding behind language that allows them to hide.

KSHB-TV: I, I have found that to be true. Whenever you give an entity a chance to hide they will always go that way until forced to do otherwise….I found something where they actually, they…the vote itself so they had each, each individual.

Michael Bersin: What, what’s interesting about that is they waited eleven days.

KSHB-TV: Eleven days to?

Michael Bersin: Release the, the, they told us about the vote and it took people making Sunshine requests to actually get the full information. [crosstalk]

KSHB-TV: …It came out, of course.

Michael Bersin: But, uh, you know, I guess people can speculate on the timing of that.

KSHB-TV: …Can you see a, a situation under which there would be, you know, I don’t know, I guess it is. It’s just a mystery. You can’t, I can’t really ask you to speculate about what the board did because we don’t know. And you’re not on the board, you’re not them so, without an answer, it remains a mystery I guess.

Michael Bersin: And, the,  the point is that it shouldn’t be a mystery. Because we’re the university community, the entire university community is owed an explanation by this board. And the problem with the board is they think they don’t need to communicate that. Uh, if I, if that isn’t a breach of their responsibility to this institution I don’t know what would be.

KSHB-TV: ….You can understand, if, if there were a good reason, that for whatever reason they, they couldn’t say, that there could be a situation where there’s some sort of reason that, that is good but they simply can’t put it out there, maybe [crosstalk]…

Michael Bersin: I, I actually, I actually categorically, uh, I , I think that that’s a, um, cop out.  Um, if it’s, if it’s, if there is a reason, and there’s a reason to do this then they need to give it because transparency is one, probably one of the most important things that we can do, um, when it comes to uh, a public institution like this. Uh, hiding behind, uh, hiding behind this kind of veil does the institution no good. It, it doesn’t instill confidence from anybody, the public, the faculty, the students, the staff.

KSHB-TV: Clearly not, it leaves everyone mystified and feeling, uh, well yeah, just, just uh, uncertain of why this was done and clearly a loss for, for the university….I do want to understand a little bit more of the time frame. W
hen did you, when did the petitioners first, um, understand that there might be a problem? Or did it just start out as, hey, we just want to, sort of, give a vote of confidence for a, a president we see as [crosstalk]….

Michael Bersin: Actually, this started, um, actually through the Faculty Senate, uh, I wasn’t on the Faculty Senate, but as a former Faculty Senate president I spoke to the issue, uh, this started, uh, um, in the spring where, where people wanted to express support for the president. And the Faculty Senate actually voted to support the president. Um, and then the continued inaction from the board, people started to get concerned. And it has to do with, again, the lead time and the time frame to do, you know, a proper search and go through the process if indeed a replacement would be needed.

KSHB-TV: Is that, in your experience, very unusual that the, the Faculty Senate might come out and say, we have a contract coming to an end, we’d just like to express our support for the, the guy who’s in? Is that [inaudible]?

Michael Bersin: Uh, I don’t know. You know, uh, faculty, especially tenured faculty, have the ability to speak out. And so they have the obligation to speak out. They don’t have to, but, you know, I, I believe we have an obligation to speak out. But, uh, the, uh, the staff, everybody, uh, the staff, administrators, generally if they don’t have tenure, uh, support staff, professional staff are employed at will. Uh, tenured faculty are not. And so it’s our obligation to speak out about the general welfare of the institution, and one of those things is the, the quality of leadership at the institution in the form of the president. And I sincerely believe that this president has met the mark as very, very, very highly, you know, as an excellent leader  for this institution.

KSHB-TV: That certainly seems to be the consensus. And it’s got to be frustrating to have expressed that and, and expressed it again, and seeing things just sort of go forward almost arbitrarily. And now the university has quite a loss to, to deal with I guess.  Um, is there anything we didn’t cover that you think is important that we, that we need to get across? Um, would you have a message to the, um, the students and the rest of the faculty at, at this time? I mean, really, it’s, I guess your message is [crosstalk] the Board of Governors need to speak.

Michael Bersin: I, I [crosstalk]…uh, I don’t, you know, I don’t speak for anybody else but me. Uh, and that’s important to note. Uh, I don’t speak for the students, I don’t speak for other faculty, and I don’t speak for any of the staff or administrators. Uh, all I can do is speak for myself and my twenty years at this institution.

KSHB-TV: Well it does have to be frustrating to, uh, see such an obvious situation where the support is there and it, then the actions just.

Michael Bersin: And, and that’s a question you need to ask the board. [crosstalk] If, if they’ll answer it.

KSHB-TV: And I’m going to assume, you know, it’s a matter of timing and, but I’m going to assume that even then they’re just going to reissue the, and you saw the statement from, uh, the president’s, uh, yeah, I assume that’s all they’re going to say. And even that, has nothing but good things to say.

Well, thank you. I appreciate your time….

"A Gentleman's Agreement"?

15 Thursday Oct 2009

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

Tags

Aaron Podolefsky, missouri, University of Central Missouri



A protest on the door of a faculty office at the

University of Central Missouri.

In the classic 1947 movie by the same name,a reporter decides to pass himself off as Jewish in order to ‘get the story’ on anti-Semitism in post-war America. In short order he comes to realize that labels do matter.

What is going on at UCM looks like an agreement is in place, but to say that any of the parties involved are ‘gentlemen’ might be quite a stretch.

Aaron Podolefsky, the President of the University of Central Missouri (the first step I took on the way to an interesting adulthood) is out of a job on June 30 after his contract was not renewed by the Board of Governers on October 2 on a 4-3 vote. Several of the board members voting not to renew were appointed by Matt Blunt. (Remember him?)

There have been rumors since Podolefsky was hired in 2005 that before the room was even cleared at least one person asked “Why did you hire the Jew?” and there has been an undercurrent of that ‘subtle’ bias ever since.

One person who has been against Podolefsky practically since the moving van pulled away from Selmo Park, the President’s residence at UCM, is the aptly-named KOKO radio host Greg Hassler, a part-owner of KOKO radio in Warrensburg. KOKO is the station that holds the contract to broadcast UCM sporting events.

Hassler finally got his way when the board failed to renew Podolefsky’s contract, and yesterday he couldn’t help himself – he had to gloat just a little and he crossed the bias line on the air:

Greg Hassler: …The University of Central Missouri. End of an era.

Marion Woods: Uh, huh.

Greg Hassler: Aaron Podolefsky. Out. We’ve talked about it for a long time….

….The, the thing that really upset me, that kind of got [garbled] going originally was, for years there was a Christmas tree lit at Selmo Park. Remember that?

Marion Woods: Yep.

Greg Hassler: Drive by. He stopped that. I mean I think every religion should be able to celebrate, uh, in their own way, but, I mean we do live in Warrensburg, Missouri. This is America. You know. Let’s bring that back. How ’bout that?

Marion Woods: Wasn’t that the Christmas tree at the quadrangle?

Greg Hassler: No, there was also one at Selmo Park.

Marion Woods: Oh, okay.

Gregg Hassler: In the, in the yard, area there, so. I mean, I don’t know, it’s jus… It, it was a bad fit from the get go. It’s, it’s over…

Over? Maybe not just yet.

I contacted Mr. Hassler at the station this morning and asked him if the transcript I cite above was accurate, and he confirmed that it was, but dismissed the comments as made “just in passing.” I also asked Mr. Hassler if he was a part-owner of the radio station, and he confirmed that yes, he is, but stated that his share is “minor” and he confirmed for me that the station does indeed hold the broadcast contracts for UCM sporting events.

The FCC filing for the sale of the radio station to D&H Media LLC reads as follows:

KOKO Warrensburg, Mo.

Price: $435,000

Buyer: D&H Media LLC, Warrensburg (Loree and Vance Delozier, each 37% members); no other broadcast interests

Seller: Bick Broadcasting Co., Hannibal, Mo. (James E. Janes, president); no other broadcast interests. Note: Bick acquired station for $310,000 in 1999

Facilities: 1450 kHz, 1 kW

Format: AC, news/talk

From that information, I glean that Hassler is the “H” in D&H and that he owns, at most 26% of the station, which is worth somewhere in the neighborhood of a half-million dollars.

A great deal of the stations net-worth is no doubt  derived from the contract to broadcast UCM sporting events, and there are also rumors flying around that the Athletic Director signed a multi-year contract with the station, but the AD does not have the authority to sign multi-year contracts, only the university president has that authority – and we are looking into that too, with a sunshine request.

This just doesn’t smell right – there is the religious bias that any non-Christian in Warrensburg knows you don’t have to scratch very deep to find, and in this case it seems to be coupled with some  old-fashioned Missouri backroom bidness dealings.

The next question I want an answer to is why was Hassler really so dead-set against Mr. Podolefsky?

Was it really all about a Christmas tree? Is he really that petty and/or prejudiced? Or is it really about the contracts to broadcast UCM sporting events, and he feared Podolefsky because he was the man with the power to take that away?

Three steps behind, and to the right, part 2 – a microcosm of our universe

21 Monday Sep 2009

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

Aaron Podolefsky, University of Central Missouri, Warrensburg

So-called “populist” anger egged on by some of our ignorant media can be a volatile mix with serious consequences for the functionality of our institutions and their usefulness to the people they serve. One such cautionary tale in our present fragile economic environment is continuing at the University of Central Missouri in Warrensburg.

Our previous coverage on January 25, 2008: Three steps behind, and to the right

Add into this mix an effective administrator hamstrung by a majority of the institution’s governing board which was appointed by the previous Governor and which has an agenda that appears to be more concerned about ancillary programs (intercollegiate athletics) and appeasing a vocal minority. Sounds like our current universe, doesn’t it?

Our story continues.

Last week, in a short time frame before the university’s Board of Governors meeting, tenured faculty circulated a petition to other tenured faculty for presentation to the board [Note: I signed and helped circulate the petition]:

Petition to Renew the Contract of President Podolefsky

We, the undersigned, wish to express our deep concern about the ongoing inaction of the Board of Governors regarding the renewal of President Podolefsky’s contract and planning for the future of the university.  At this critical time in determining the future shape of the institution, losing a dynamic leader like Dr. Podolefsky would have drastic repercussions.  By every measurable indicator, he has executed his duties to the highest standards, and we are extremely dismayed that the Board has chosen to jeopardize the university’s success by neglecting to issue a contract extension in spite of his performance.   In order that we may remain confident in the Board’s stewardship of the institution, we ask that it extend Dr. Podolefsky’s contract with all due haste.

Sincerely,

[signed by 126 tenured faculty]

The active participation of 126 tenured faculty, as anyone who understands the culture of academic institutions would know, is remarkable in itself.

The ad-hoc committee also submitted this cover letter to the board of Governors:

9/15/2009

To: The Honorable Members of the UCM Board of Governors

From: The Ad Hoc Committee for the Petition to Renew the Contract of President Podolefsky

Please find attached a petition and list of 126 names of tenured faculty members who signed copies of this document.  (This represents roughly one-half of tenured faculty at UCM.)

Deeply concerned about the uncertain future of the university, several UCM faculty members formed an ad hoc committee and recently began circulating this petition.  The tenured faculty members to whom we spoke were overwhelmingly in agreement.  We gathered these signatures in less than 3 days and, with very little effort, we met our goal of obtaining 100 signatures.  We believe this is ample evidence that our concerns are indeed shared by a very considerable percentage of UCM faculty.

We understand that you have already received evidence of faculty support for President Podolefsky in the form of a Faculty Senate resolution (see attached motion). Passed on January 14, 2009, the Faculty Senate approved a letter supporting the President’s leadership by a 72 percent vote.  Last spring, a poll conducted by the Daily Star Journal found that support of the president in the community surpassed 70 percent.  Based on the success of our petition and the support for President Podolefsky by the Faculty Senate and the community poll, representatives of the ad hoc committee will be meeting this Thursday (September 17) with Commissioner of Higher Education Robert Stein.  We will be seeking his advice on how to move forward when so many of the members of the faculty are in disagreement with the lack of action by the Board of Governors in renewing President Podolefsky’s contract.

Like you, we wish only the best for the University of Central Missouri, and we respectfully ask that you give our petition your fullest attention and consideration.

Sincerely,

Members of the Ad Hoc Committee for the Petition to Renew the Contract of President Podolefsky:

Michael Bersin

Karen Bradley

Davie Davis

Kathleen Desmond

Mary Kelly

Mick Luehrman

Mike Sawyer

James Staab

Sue Sundberg

Don Wallace

Bob Yates

So, you may ask, “Who cares?”

The Warrensburg Daily Star-Journal covered the story:

9/17/2009 11:38:00 AM

UCM faculty speaking out for President Podolefsky

Jack Miles

Editor

Warrensburg – In a matter of a few hours, nearly half of the tenured faculty at the University of Central Missouri signed a petition asking the Board of Governors to retain President Aaron Podolefsky…

The student newspaper covered the story:

Petition circulates to renew President’s contract

Lora Powell: Muleskinner

Issue date: 9/17/09 Section: News

With UCM President Aaron Podolefsky’s contract months from expiration, a group of concerned faculty members have decided to tell the Board of Governors how they feel about the group’s “inaction” regarding the decision to renew his contract….

And then then, in an anonymous editorial posted on their website, the local radio station weighed in [their links are kind of hinky, you may have to search for it]:

9/17/09 – Stop The Spin

…And how many people were intimidated when they voted? How would you like to have someone come up to you at your place of work and ask you to sign a petition that says your boss is doing a good job? I bet that makes for a good work environment.

The bottom line is this: The University is a major employer in our community and is the most recognizable asset our community has. If it begins to fail then our community will begin to fail, so leadership at the top must be exceptional. Who that leader should be is for the Board of Directors to decide. The hierarchy in a perfect world is the faculty teach classes and educate our youth, the professional staff lead their departments, and support staff do things that make the university strong. It is up to the Board of Governors to decide who is best to lead the University…

Stupidity may be inherited, but ignorance is a personal choice.

Where to start?

Tenured faculty, by virtue of their status, have a right and obligation to speak out about the institution they serve. Tenure is not employment for life, it only means that tenured faculty are not employed at will. That is, the institution has to show cause why a tenured faculty member should be dismissed. Administrators and support staff are employed at will and can be dismissed at will.

Tenured faculty tend to have longer careers at a particular institution (uh, it takes a while to get tenure) than academic administrators and many support staff. And tenured faculty are a part of the institution long after the terms of governing board members have passed and gone. Tenured faculty are the one constituency that has to live with the long term consequences of the decisions and actions of others affecting the institution. You had better believe they’ll weigh in when they feel it’s warranted.

Is it possible that non-tenured faculty were not solicited because tenured faculty, who have a say in their tenure, did not want to be accused of “intimidating” junior faculty into signing? That’s probably too subtle for our anonymous radio station editorialist.

The bottom line is that an editorial, unsigned by its writer and resplendent in its ignorance, purports to express the populist will and the define the proper role of faculty as serfs. Big mistake. Big. Huge.

And that, in a nutshell, is a microcosm of our present universe.

Three steps behind and to the right, indeed.

Three steps behind, and to the right

25 Friday Jan 2008

Posted by Michael Bersin in Uncategorized

≈ 5 Comments

Tags

Aaron Podolefsky, Greg Hassler, Ronnie Podolefsky, University of Central Missouri

This is a sad story about the perceived role of women in a small town. On the part of some. (Somehow I thought this would be a slow news week. It looks like I picked the wrong week to…)

Warrensburg, Missouri, population approximately 16,000, is the county seat and home of the University of Central Missouri. Whiteman Air Force Base, the primary base for the B-2 bomber, is 9 miles to the east of Warrensburg.

Aaron Podolefsky became the president of the University of Central Missouri in July 2005.

…President Podolefsky is married to Ronnie Lynn (Shapiro) Podolefsky, a well-respected attorney specializing in civil rights, employment law, and mediation…

Excellent – a smart, accomplished professional.

December 7, 2007

Former players sue Warrensburg district, coach for alleged abuse

By ALAN SCHER ZAGIER

Associated Press Writer

Six female students at Warrensburg High School and their parents have sued the school district and a girl’s basketball and softball coach over what they call a pattern of verbal abuse and sexual misconduct.

The students, identified individually only as Jane Doe in the lawsuit, say school officials dismissed their complaints and declined to investigate for more than one year – in part because of possible negative public reaction to another well-known coach getting in trouble. The school fired its football coach in 2006.

“They have ignored the complaints. They have not protected the kids,” said Warrensburg attorney Ronnie Podolefsky, who represents the students and their families. “It’s beyond belief the way they have not taken action…”

[emphasis added]

Then, this week, another part of the local story gets carried by media across the nation – except for the Warrensburg Daily Star-Journal. Even the student newspaper (a weekly) at the University of Central Missouri carried this:

Abuse claims divide small town

By Alan Scher Zagier

Associated Press Writer / January 18, 2008

…The teens have been called liars, bullies and even white trash (three of the players who have sued the white coach also are white, three are black). They’ve been insulted to their faces and on Facebook and MySpace pages. Their parents’ jobs have been threatened. And the involvement of their attorney, who also happens to be the wife of the University of Central Missouri’s president, has sparked a backlash that includes efforts to oust the college leader…

…The police officer whose daughter is part of the suit said that an opposing parent tried to get him fired. Another plaintiff’s parent, who runs a store in town, said some customers have stopped shopping at his place…

…By the estimation of Hough’s supporters, the college president’s wife is out of line. They want her to stop representing the players, and if that means firing her husband — Aaron Podolefsky — then so be it…

“…It’s nothing new when the disgruntled resort to the old stereotype of an uppity wife who doesn’t know her place,” Ronnie Podolefsky said. “My career is independent and separate from the university…”

[emphasis added]

“…They want her to stop representing the players, and if that means firing her husband… then so be it…” As if this type of intimidation would accomplish anything. Those individuals appear painfully ignorant of the legal system and the obligations of legal counsel.

Well, Ronnie Podolefsky is an attorney. She’s doing her job.

If it’s not even covered in the local paper, how can the town “be divided”? You think every one of the approximately 16,000 individuals in the ‘burg have taken a “side” on this, let alone have any awareness of what has transpired? The grapevine can only do so much…  

Let’s take a look at some other cases from the past:

Protecting the Rights at Home of Those Who Defend Freedom Abroad

…Mark is pursuing a complaint against his former employer because under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law, an employer can not discriminate if an employee is called into military active duty. Additionally, the state of Iowa has a Military Code that imposes criminal charges if an employer fires or denies leave to a Reservist who is ordered to temporary active duty.

His attorney, Ronnie Podolefsky, is outraged: “The men and women being activated and deployed to Iraq deserve the assurance that the jobs this takes them from will be there when they come home. It’s not only contemptible to fire someone called up to serve our nation, it’s against the law.”

[emphasis added]

That’s a noble enterprise, don’t you think?

Here’s another one:

Case Archive Subject: Greer v. Beck’s Pub & Grille et al., No. C03-2070 LRR (N.D. Iowa, Jan. 4, 2006)

Legal Momentum Role: Represented plaintiff.

Subject Matter: Right of victim to protection from employer retaliation for having obtained a restraining order against abusive boyfriend/coworker.

Legal Momentum filed this case on behalf of Antonette Greer, a woman who was fired from her job as a dishwasher the day after she obtained a protective order against her abusive co-worker/boyfriend.

This case resulted in the first-ever ruling by a court in Iowa allowing an employee to sue for wrongful discharge in violation of public policy based on allegations that she lost her job because she got a protective order.

While the district court dismissed additional sex discrimination claims – claims that were based on the fact that the employer fired our client, Ms. Greer, while continuing to employ her abuser, despite his criminal convictions arising from the abuse – the wrongful discharge claim made new law in Iowa. The case was subsequently resolved.

Legal Momentum was co-counsel in this case with Iowa attorney Ronnie Podolefsky, and subsequently Iowa attorney Paige Fiedler.

[emphasis added]

That’s my kind of legal counsel. She’s doing her job. She’s not supposed to walk three steps behind, and to the right.

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