This is the forty-sixth 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

On Monday night, February 1st Darla Jaye on KMBZ radio in Kansas City devoted air time to the story. Later in the week Greg Hassler heaped effusive praise on the content, stating that KOKO radio would rebroadcast the show:

…It, it was a great show, uh, we are going to replay that show here on fourteen-fifty KOKO, it’s from an outsider, a third party that knows nothing about the University of Central Missouri, knows nothing about how Aaron Podolefsky did not get his contract renewed by the Board of Governors. Doesn’t know anything about me, doesn’t know anything about Wesly, and her thoughts and her comments on what she read in the newspaper and callers in the Kansas City area. It’s probably gonna be tomorrow once we get that whole show put together. Her producer has e-mailed it, uh, to us…

Of course, we commented:

…Because people who don’t know anything or any of the facts always have the best insights on the issues of the day…

The show was rebroadcast on KOKO radio, we received audio of that rebroadcast, and we weren’t disappointed in the Olympic scope of the show’s fact challenged presentation.

Darla Jaye started the show apparently reading the Kansas City Star version of the story. Unfortunately for anyone interested in actual, you know, facts, the Star’s version is the least coherent. The Kansas City Jewish Chronicle and the Muleskinner have much more comprehensive and understandable coverage.

[7:03] Darla Jaye: …And maybe he’s blaming it on this because, look, people do feel bad that there are no longer Christmas trees. If the president of the university, and they’re, they say that diversity is very, very important there, doesn’t want to have a Christmas tree in his front yard because he’s Jewish, so be it. But isn’t that somebody’s right to say, boy, I wish the Christmas tree was still there? It’s been there for years, now it’s gone, he did that. How is that anti-Semitic? [crosstalk] He didn’t say, uh, you know, this Jew, or this or that, he didn’t say that at all. It seems to me that he was looking for an excuse to pull his money and, of course, he has that right. But to blame it on this radio host, I kind of feel sorry for this guy. He didn’t say anything that wrong. Did he? Or do you see something racist or anti-Semitic in a remarks about taking down the Christmas tree?…[8:05]

[note times are approximate and indicate the point in the approximately 30 minute KOKO radio rebroadcast]

Darla Jaye did not quote a more substantial portion of the transcript of Greg Hassler’s remarks. Hasslers’s remarks from the October 2009 KOKO broadcast:

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…

[15:53] Darla Jaye:…a, a Danish entrepreneur, a Dutch entrepreneur funded scholarships at the University of Central Missouri. A radio host who does play by play for University of Central Missouri sports mentioned that the Christmas tree was gone at the president of University of Central Missouri’s, uh, residence, and he said he stopped that, I think every religion should be able to celebrate in their own way, but we do live in Warrensburg, Missouri, this is America, you know. Let’s bring that back. Let’s bring the Christmas tree back. What’s wrong with that? Why is that anti-Semitic?… [16:35]

[16:43] Darla Jaye:…Talkin’ about this story about, um, Radio Host Remarks Cost University of Central Missouri a Big Benefactor. Um, I just find it difficult to believe that this guy pulled all of his money after giving money to the University of Central Missouri for however, twen, twenty some years because a host said I wish the Christmas tree was back on the, the president’s property on, the University of Central Missouri. And saying that’s anti-Semitic. It just doesn’t make sense to me… [17:14]

There’s the matter of that one pesky fact:

…The Podolefskys say that after Hassler’s comments became a cause celebre, they checked and found that there had been a cedar tree in the front yard that was decorated with lights in years past at Christmas time, but that it was removed five years before they arrived…

[emphasis added]

It appears that like Greg Hassler, Darla Jaye didn’t bother to do any basic research. Apparently reading from a single newspaper article will suffice.

It gets even better:

[17:56] Darla Jaye: …Well, it is, and, and, you know what, I mean I think that Christmas trees have been pulled off lots of campuses. I mean, this is a, is a bigger issue. They’ve been pulled off lots of campuses and haven’t been on campuses for years because somebody, one person is offended. Uh, it, it’s just a tree. I mean, it’s something pretty to look at, and you’re right, it is a retail representation of, of Christmas, but, it’s something that means a lot to a lot of people. So, I just don’t understand what the big deal is and I, I feel for this radio guy because, you know, he said, he said something on the air and now he’s getting blamed for losing millions of dollars for the university. Come on… [18:36]

And why would a Christmas tree not be appropriate on the grounds of a campus of a state university in Missouri?:

Missouri Constitution

Article IX

EDUCATION

Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Facts are really pesky things, especially when you’re a right wingnut radio talk show host.

[19:39] Darla Jaye: …So, we’re talking about the Radio Host Remarks Cost University of Central Missouri a Big Benefactor. I just have a hard time believing that this man, whose brother died in the holocaust, who lives in, uh, if you’re Dutch you live in Denmark, right? I think. Yeah. Okay. [laugh] How stupid was that? I know. [laughter]  I know, I was tryin’ to figure that out, too….[20:03]

Apparently, Greg Hassler has studied under the master.

As we pointed out:

…1. Dutch people are from The Netherlands. The city of Maastricht (you know, the tower thingy on campus, next to the football stadium) is in the Netherlands. Benoit Wesly is from the Netherlands. Benoit Wesly is Dutch.

2. Denmark is a different country than The Netherlands. They don’t even share a border. People who didn’t sleep through all of their classes tend to know that….

[23:24] Darla Jaye: …the guy, the Dutch entrepreneur is, uh, from Holland. Holland is Dutch, sorry about that… [23:28]

Okay, she caught it and sort of corrected it within three minutes.

What’s really funny is that Greg Hassler stated that he listened to the show, thought it was great, and yet continued to exhibit his ignorance, this after one of Darla Jaye’s callers reiterated “The Netherlands” on her show.

[26:43] Darla Jaye: …Well, the guy is entitled to his opinion, and entitled to say, boy I sure miss that Christmas tree that’s been up there for fifty years and now it’s gone. The new president took it down… [26:53]

No, as we pointed out, the new president didn’t take it down. It wasn’t called a Christmas tree. And the tree in question was cut down five years before the Podolefsky’s came to Warrensburg. I believe in actual journalistic circles that kind of error would call for a correction. I don’t think anyone is gonna hold their breath while they wait.

On Darla Jaye’s show a caller pointed out that it was the president’s private residence and he’s Jewish:

“Private Residence” – the sign at the entrance to Selmo Park.

[28:38] Darla Jaye: …Uh, it’s the university residence, it’s not his personal residence. If you’re the president then you, uh, get provided a residence. So, uh, is he just the president for the Jewish students, or is he the president for all the students? Perhaps he could have put the menorah in his window and left the Christmas tree in the front yard. And then he would show that the university is, is dis, diverse, as everybody always says it is. I mean, if we care about diversity, shouldn’t we care about all diversity? Or, because the majority of people that live in the country are Christians, they don’t matter? Only the minority matter. Right? Let me get that right because I, I guess I, I just didn’t realize that….[29:23]

Ah, the right wingnut cult of the oppressed majority because they can’t impose their religious beliefs through the state on everyone else. That pesky Constitution establishment clause, let’s get rid of it. How ’bout that?

Darla Jaye spent some time on her show feeling sorry for Greg Hassler. Let’s take a look at the evolution of Greg Hassler’s statements on this issue over time.

November 13, 2009

“…First of all let me say that I am not anti-Semitic, I love all people of all religions. I have never stated anything about anyone’s religion on or off the air. People have taken a comment out of context and have spun it for their purpose…”

December 10, 2009

…Greg Hassler: …But there’s another blogger out there that has taken some things that I have said, eh, out of context and has spun them around and at, attacked me on blogs, calling me a racist, a bigot, which I’m not. They’ve also called me anti-Semitic, which I’m not. I love all people of all religions, I do. I’m not anti-Semitic.

other voice: I would agree with that.

Greg Hassler: You know what I am?

other voice: What are you?

Greg Hassler: I’m a big Mules and Jennies basketball fan, [laughter] that’s what I am….

February 1, 2010

…Hassler told The Kansas City Star that his remark “was spun out of context” and he apologized on the air in December.

“I said that is not what I meant,” Hassler said. “I have nothing against anybody at all. I am not anti-Semitic.

“Did I actually say I was sorry? No, but I think that could be considered an apology. The whole thing is just silly…”

February 11, 2010

“…I am not an anti-Semite,” Hassler said. “Actually what I did was misspeak. I meant the tree on the quadrangle. I didn’t say it was because he was Jewish. I should have phrased it better….”

He meant the quadrangle? As we pointed out:

…You’d think a quick thinking media professional wouldn’t misspeak twice. And there’s that ‘religion’ thing…

Right, Darla Jaye?

The Darla Jaye show ended with:

[31:44] Darla Jaye:…Okay, my belief on this story is that the Dutch entrepreneur who funded the scholarships for twenty years, who doesn’t even live here, heard about the comments from, um, Greg Hassler, the part owner of KOKO AM from the Jewish president of the school. And, um, so when he heard those comments, the Jewish president of the school is losing his job by the way, so, who’s to say that, that mis, uh, Aaron Podolefsky, who’s losing his job as president of the University of Central Missouri, didn’t want to really jab it to the university? So he called his good friend Benoit Wesly in, um, Holland, right? Okay. In Holland, and he said, hey, guess what, this radio host said this and you should pull all your money, because they’re, they’re firing me. And, and, look, this guy wants to pull his money, that’s his prerogative, of course, but, I find it hard to believe that a man who went through the holocaust, the most horrible thing that has happened in this world, one of the most horrific times in our history, is so sensitive that a radio host in Warrensburg, Missouri, could upset him so much that he would end a twenty year friendship with this college because some guy on a radio said I wish they’d bring the Christmas tree back…. [33:23]

Yeah, “those people” stick together. It’s called the Internets, Darla Jaye, you should try it some time. I hear teh Google is really easy to use.

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)

“A Gentleman’s Agreement”?: Oh, my! (December 3, 2009)

“A Gentleman’s Agreement”?: It’s simple, really… (December 5, 2009)

“A Gentleman’s Agreement”?: I do truly care about the success of our students (December 6, 2009)

“A Gentleman’s Agreement”?: “…a wonderful relationship there we’re really proud of…” (December 7, 2009)

Oh brother, it’s time to convene another panel on blogger ethics… (December 8, 2009)

“A Gentleman’s Agreement”?: a lesson on how not to attempt damage control (January 26, 2010)

“A Gentleman’s Agreement”?: a lesson on how not to attempt damage control, part 2 (January 28, 2010)

“A Gentleman’s Agreement”?: welcome to the party… (February 1, 2010)

“A Gentleman’s Agreement”?: welcome to the party, four months late, part 2 (February 2, 2010)

“A Gentleman’s Agreement”?: those people from Denmark, you know, the Dutch (February 3, 2010)

“A Gentleman’s Agreement”?: a conversation with the Muleskinner (February 6, 2010)

“A Gentleman’s Agreement”?: a simple question (February 8, 2010)

Find the Non-Employee Game! (February 8, 2010)(NYCMule)

“A Gentleman’s Agreement”?: a different choice of phrase would have made it all better (February 11, 2010)

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 KWKJ

2005 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 610

Under 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)

This morning we plunked down $87.75 in cash (and got the receipt) for one sealed envelope which contained the results of one of our Missouri Sunshine Law requests concerning the contract between KOKO Radio (D&H Media) and the University of Central Missouri.

“Could I get a receipt?”

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)

Back to our request for information. The sealed envelope contained three sheets of paper.

Update below

A printed copy of the e-mail exchanges pertaining to this Sunshine law request was in the envelope:

[…]date: Tue, Oct 20, 2009 at 4:55 PM

subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

[….]In accordance with Section 610.024 1.(1) “.. ..Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.

. .”

The cost of compiling a report that responds to your request is $87.75.  The report will be made available to you once payment is remitted.

Sincerely [….]

>>>[….] 10/19/2009 7:20 AM >>>

Thank you for your response.

In reading the contract I note:

1) 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 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 [….]

On Fri, Oct 16, 2009 at 11:46 AM [….]wrote:

>

> Pursuant to your request, I am attaching a copy of the contract between UCM

> and D&H Media, LLC.  There is no addenda to the contract, nor am I aware of

> any other communications concerning the contract.

>

> Sincerely, [….]

>

>

>>>> [….] 10/15/2009 10:30 AM >>>

> This is a request under RSMo 610 for the following information:

>

> 1. The multi-year contract between KOKO radio and the University of

> Central Missouri for coverage of intercollegiate athletics activities

> signed in 2005 (or possibly 2004).

>

> 2. Any and all addenda for said contract.

>

> 3. Any and all communications between KOKO radio and the university

> concerning compliance with that contract.

>

[….]

And a single printed sheet containing the following information (Update: The actual document):

KOKO Revenues

2009

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $80,451

25% Revenue Share for UCM – 20,113

Total Owed to UCM by KOKO – 35,113

Compensation Remitted to UCM

KOKO – Payments to UCM – $5,812

UCM Advertising Sales Collection – $29,000

Total UCM Compensation – $34,812

Amount Owed to UCM – $301

2008

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,756

25% Revenue Share for UCM – 20,439

Total Owed to UCM by KOKO – 35,439

Compensation Remitted to UCM

KOKO – Payments to UCM – $7,077

UCM Advertising Sales Collection – $29,380

Total UCM Compensation – $36,457

Amount Owed to UCM – ($1,018)

2007

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,566

25% Revenue Share for UCM – 20,392

Total Owed to UCM by KOKO – 35,392

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,066

UCM Advertising Sales Collection – $27,100

Total UCM Compensation – $36,166

Amount Owed to UCM – ($775)

2006

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $78,356

25% Revenue Share for UCM – 19,589

Total Owed to UCM by KOKO – 34,589

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,101

UCM Advertising Sales Collection – $24,300

Total UCM Compensation – $33,401

Amount Owed to UCM – $1,188

2005

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $67,081

25% Revenue Share for UCM – 16,770

Total Owed to UCM by KOKO – 31,770

Compensation Remitted to UCM

KOKO – Payments to UCM – $11,000

UCM Advertising Sales Collection – $23,100

Total UCM Compensation – $34,100

Amount Owed to UCM – ($2,330)

“…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…”

Uh, we didn’t get the dates of those payments. We’re gonna ask again.

We’re not accountants, but to paraphrase Senator Al Franken who has done some research, neither are most Americans. When we balance our checkbooks it doesn’t quite look like this.

And we figure that since we already had the information contained in the two sheets of paper documenting our exchanges of e-mail, we were really only paying for the remaining sheet of paper.

Update:

We received an additional response to one of our Sunshine Law requests.

[….]

date: Fri, Oct 23, 2009 at 1:47 PM

subject: Re: Request for information RSMo 610

[….]Pursuant to your request of October 23, 2009, attached is a copy BOG Policy 4.1.010 – Bids and Contracts Approval Policy approved by the Board of Governors on April 18, 2001.

>>>[…] 10/23/2009 8:37 AM >>>

This a request for information under RSMo 610.

The Board of Governors policy on bids and contracts dated April 18, 2001.[…]

This is the Board of Governors policy at the time the contract was signed:

Bids and Contracts Approval Policy 4.1.010

Approved by the Board of Governors on April 18, 2001

I. Purpose

Central Missouri State Un
iversity follows a competitive bid process to ensure impartiality in awarding contracts and to ensure the best possible use of University funds.

II. Policy

The Board of Governors of Central Missouri State University:

A. Authorizes the University President or designated officials to sign off on routine items bid under $50,000.

B. Requires University officials to report items bid between $50,000 and $100,000.

C. Must approve items bid over $100,000.

Uh, that ten year contract was worth over $100,000.

The current policy has even more detail:

Approval of Contracts, Real Estate and Capital Projects Policy

Board of Governors Policy 4.1.010

Revised and Approved by the Board of Governors on September 17, 2008

I. Purpose

This policy ensures that the best possible use is made of funds available to the university.

II. Policy

A. Delegation of Authority

The Board of Governors of the University of Central Missouri:

  1. Authorizes the university president to delegate contract and decision-making authority to direct reports within limits set out in position descriptions or by written delegation and to approve short-term (not longer than one calendar year) grants of leasehold interests in university real property.

  2. Directs the university president to adopt university procedures to ensure efficiency and accountability governing bids, contracts, agreements and all commitments of university resources. The University of Central Missouri follows a competitive procurement process to ensure integrity and the best possible use of funds available.

B. Retention of Authority

The Board of Governors of the University of Central Missouri:

  1. Retains authority to purchase, regardless of the source of funding, or sell university real property for the use of the university.

  2. Retains authority to lease real property for use by the university if the lease term exceeds one year and payment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  3. Retains authority to approve any agreement to purchase property or services over multiple budget years when at completion of the agreement the total commitment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  4. Retains authority to approve demolition or construction of university buildings, regardless of the source of funding.

  5. Retains authority to approve capital projects, major renovations, or significant alterations that were not included in the fiscal year budget approved by the Board of Governors….

Approved by the Board of Regents on May 20, 1987

Approved by the Board of Governors on April 18, 2001

Approved by the Board of Governors on February 21, 2007

Formatting updated August 1, 2007

Approved by the Board of Governors on September 17, 2008

[emphasis added]

“Retains authority” in this policy update probably means that they claimed that same authority in 2005 when the radio contract was signed, don’t you think?

What started with outrage and disgust over one bigoted comment by a wanna-be shock jock who is really nothing more than a minnow in the great lakes is turning out to be far more than simple bigotry. It’s starting to look like a festering cesspool of cronyism and good-ole-boy back scratching of the first order.

Earlier today:

It wasn’t just about a tree

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)

After hearing the audio of the mid October 2009 remarks made on KOKO radio by Greg Hassler we decided to do some research.

From 2006, then Central Missouri State University, now the University of Central Missouri:

…Greg Hassler is in his sixth season as the sideline reporter and pre and post-game host for Mules broadcasts. He is the Sports Director of flagship stations 1450 KOKO and 98.5 MIKE-FM….

The Associated Press ran a story on a controversial lawsuit and attorney Ronnie Podolefsky,  the spouse of University of Central Missouri President Aaron Podolefsky, in January 2008, citing Greg Hassler’s criticism of Ronnie Podolefsky’s participation in the case.

From the Missouri Secretary of State:

Business Name History

Name    Name Type

THE WARRENSBURG COUNTRY CLUB   Legal Non-Profit Corporation – Domestic – Information

Charter Number:         N00001166

Status:         Dissolved

Entity Creation Date:   5/22/1957

State of Business.:     MO

Expiration Date:        Perpetual

Last Annual Report Filed Date:

Last Annual Report Filed:       0

Registered Agent

Agent Name:     GREGORY H. HASSLER

Current Name:  THE WARRENSBURG COUNTRY CLUB

Date   Document

5/22/1957       Creation Filing

12/31/1999      With/Term/Dissolve

Again, from the Missouri Secretary of State, paperwork for a limited liability company was  filed on May 22, 2000:

Business Name History

Name    Name Type

D & H MEDIA, L.L.C.  

LegalLimited Liability Company – Domestic – Information

Charter Number:         LC0039125

Status:         Active

Entity Creation Date:   5/22/2000

State of Business.:     MO

Expiration Date:        12/31/2050

Registered Agent

Agent Name:     VANCE DELOZIER

Organizers

Name:   GREGORY HASSLER

Greg Hassler is listed as one of four initial members of the company. [pdf][link changed – click on the icon to view the document]

FMS

By BroadCasting & Cable Staff — Broadcasting & Cable, 7/9/2000 6:00:00 PM MT

Construction permit for new FM in Warsaw, Mo.

Price: $47,500

Buyer: D & H Media LLC, Warrensburg, Mo. (Vance DeLozier, member/75%

owner; Greg Hassler, member/25% owner); no other broadcast interests

Seller: John B. Mahaffey, Springfield, Mo.; owns/has interest in four

AMs and 11 FMs

Facilities: 98.5 MHz, 3 kW, ant. 261 ft.

Changing Hands

Compiled by Elizabeth A. Rathbun — Broadcasting & Cable, 9/2/2001 6:00:00 PM MT

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

On October 15, 2009 we requested the contract between the radio station and the university:

date: Thu, Oct 15, 2009 at 10:30 AM

Subject:  Missouri Sunshine Law Request for KOKO radio contract information

…This is a request under RSMo 610 for the following information:

1. The multi-year contract between KOKO radio and the University of Central Missouri for coverage of intercollegiate athletics activities signed in 2005 (or possibly 2004).

2. Any and all addenda for said contract.

3. Any and all communications between KOKO radio and the university concerning compliance with that contract.

We received the following reply:

date: Fri, Oct 16, 2009 at 11:46 AM

Subject:        Re: Missouri Sunshine Law Request for KOKO radio contract information

…Pursuant to your request, I am attaching a copy of the contract between UCM and D&H Media, LLC.  There is no addenda to the contract, nor am I aware of any other communications concerning the

contract…

May 2005 contract for broadcasting intercollegiate sports events between the University of Central Missouri (then Central Missouri State University) and D&H Media (KOKO Radio) [pdf]

Given the rumors we heard about the radio contract, we thought it might be a good idea to confirm or debunk them as warranted. So, in 2005, a few weeks before Aaron Podolefsky became president KOKO and the UCM athletic director signed a contract with a ten year term granting exclusive rights to broadcast UCM sporting events. The contract terms appear favorable to KOKO. You can read ’em yourself.

We’ve made Sunshine Law requests asking who authorized the athletic director to sign the muti-year contract.

Sent: Fri, October 16, 2009 4:12:14 PM

Subject: Information Request

This is a request under RSMo 610 for any record of an authorization by the previous President of the University delegating authority to sign a multi-year contract to the Director of the Athletic Department.

Thank You…

The University’s response:

Sent: Tue, October 20, 2009 11:00:40 AM

Subject: Re: Information Request

…In response to your request of October 16, 2009, our files do not reveal any written authorization by the former university president.

Sincerely…

And we asked another question:

date        Tue, Oct 20, 2009 at 1:46 PM

subject Re: Information Request

How about the Board of Governors? Did they authorize a multi-year contract with the radio station?

Thank you for your assistance in filling this request under RSM0 610.

Thank You…

We know that the previous president did not authorize it – now we are waiting for our request on whether the BoG authorized the contract. What we know for certain is that, per University bylaws, the Athletic Director does not have the authority to make such a contract without someone higher up the food chain authorizing him to do so. We will ask what the policy was in 2005, but currently, only the Board of Governors can authorize a multi-year contract.

After reading the contract, we followed up with a request on October 19, 2009:

date: Mon, Oct 19, 2009 at 7:20 AM

subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

Thank you for your response.

In reading the contract I note:

1) 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 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…

We received the following a few hours later:

date: Mon, Oct 19, 2009 at 11:38 AM

Subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

…I am currently looking into your specific requests as outlined below and will be back in touch with you.

Sincerely…

Yesterday we received the following in response to our request:

date: Tue, Oct 20, 2009 at 4:55 PM

Subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

…In accordance with Section 610.024 1.(1) “. . . Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.

. .”

The cost of compiling a report that responds to your request is $87.75.  The report will be made available to you once payment is remitted.

Sincerely…

Question. When we asked for the information on October 15th we were told on October 16th that the information didn’t exist. After reading the contract, we asked again on October 19th and were told on today yesterday that the information did exist. We guess we could say we’re making progress.

We’ll ante up and get the information. And we’ll post it here. All for transparency in the public interest.

We received the following in response to our Sunshine Law request about any Board of Governors authorization to sign the contract:

Sent: Tue, October 20, 2009 3:14:24 PM

Subject: Re: Information Request

…Please submit your request relevant to the Missouri Sunshine Law.  Thank you….

>>>XXXXXXX 10/20/2009 1:46 PM >>> [original request as appended in this response e-mail]

How about the Board of Governors? Did they authorize a multi-year contract with the radio station?

Thank you for your assistance in filling this request under RSM0 610.

Thank You…

[emphasis in original request added]

Well, that’s interesting, don’t you think? We asked for the information and we cited RSMo 610. Do you think the authorization came after the fact? Is there anything in writing? We’ll ask that way, too.

If it wasn’t written down, it doesn’t exist.