This is the fifty-second 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

February 4, 2008:

….I have been contacted by a member of the UCM Board of Governors. The board member asked me what I thought the faculty’s response would be if an offer was tendered by the Board to “buy out President Podolefsky’s contract.” I immediately asked if such an offer was forthcoming from the Board; and if so, why I was being asked to comment.  The board member stated that ‘no official discussions or conclusions had been reached,’ but that several campus leaders were being asked what they thought the reaction of their respective constituents might be if such an action was proposed. I told the board member that I would need time to consider my response. Pursuant to that conversation, I have been contacted by other leaders of campus units to see if my opinion on the “Podolefsky buy-out” had been solicited….

Anyone think that Aaron Podolefsky didn’t know that this “buyout” question was asked in late 2007?

January 15, 2009:

…In October 2008, Podolefsky became one of four finalists vying for the presidential seat at Central Washington University. At the time, Podolefsky stated “It’s not that it’s a better fit. They are an institution very much like us, that’s probably why they are interested in me,” Podolefsky said.

Some at the meeting took this as an indication that Podolefsky wanted to leave. Faculty Senate Vice President Jerry Kangas was one who shared this opinion.

“The president chose to go on that interview. When you choose to go to an interview, you’re choosing to leave in my opinion,” Kangas said.

However, others had reservations about this thinking….

[emphasis added]

February 11, 2010:

….The battle plan to hire a new president has been in the works since December 2008 when Aaron Podolefsky was in the running for the president of Central Washington University.

“Follow Aaron’s path….When Aaron was in the running for the job at Central Washington, we bagan to gear up and say, ‘If he gets a job, where are we? We need to get our processes in place.’ This isn’t something we did in a weekend or in one meeting,” Phillips said….

Except someone on the board was floating the idea of a buyout a year earlier. This mad scramble a year later doesn’t look very good in the adequately planning for contingencies column when it comes to evaluating the board, does it?

Uh, that’s a two year span of events in case you weren’t keeping track.

After the February, 17, 2010 faculty forum on the presidential search we submitted a Missouri Sunshine Law request:

From: Michael Bersin [….]

Date: Wed, Feb 17, 2010 at 7:24 PM

Subject: Request for information – RSMo 610

Under RSMo 610 I am requesting the following:

1. A copy of the confidentiality statement/agreement signed by the members of the presidential search advisory committee.

2. A copy of the “rubric” document created by the presidential search consultant and provided to/or to be provided to the members of the presidential search advisory committee.

3. A copy of the confidentiality statement/agreement pertaining to the presidential search signed by the members of the Board of Governors. Also, If the members of the Board of Governors have signed such a confidentiality statement/agreement, copies of the actual document(s) signed by the members of the Board of Governors.

Under RSMo 610.026 I am requesting a waiver of any copying fee since this request is “in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester.”

Thank you.[….]

We attended a University of Central Missouri Board of Governors “work session” on December 10, 2009 at  6:00 p.m. where the board discussed the makeup of the presidential search advisory committee:

….Marvin “Bunky” Wright: …To me, something that’s gonna be extremely important for people, and particularly people that are candidates, is confidentiality. We can talk about the makeup of this group as much as we want to, but, you know, it’s gonna end up that I think that we have to have the absolute faith of these people that they are gonna keep everything confidential. Because you can wreck people’s careers by just running off at the mouth. You know that stupid Bunky Wright applied for such and such. You know, it gets back to the institution where I am and it’s goodbye. And it, it, uh, the searches that I’ve been involved in that’s a crucial point [crosstalk].

Ken Hutchinson: I saw it happen.

Marvin “Bunky” Wright: Because a lot of good people won’t apply unless they’re just absolutely certain it’s confidential.

Richard Phillips: Should we [inaudible] put together some little packet of information where if you agree to serve on the committee here’s your responsibility?

Ken Hutchinson: Look, I’d take it a step, yes, that for sure and we’ll, we’ll put that together. But I think that needs to sign a confidentiality statement and it, and turn it in to, uh, to Monica and she has on file that this. And if they don’t want to sign it then we, they don’t have to serve.

Marvin “Bunky” Wright: You know, it’s not trying to hide from the public or anybody. [crosstalk, several voices: “No”.]

Richard Phillips: But for serving the integrity of the candidates [inaudible]…

Ken Hutchinson: Yeah, good point….

Project much?

And, we did receive a reply to our Missouri Sunshine Law request:

[….]

To: Michael Bersin [….]

CC: Henry Setser [….]

Date: Tue, Feb 23, 2010 at 12:05 PM

Subject: Re: Request for information – RSMo 610

[….]

In response to your request received on 2/18/10, wherein you ask for [….]

please find attached a copy of the Oath of confidentiality that has been or will be signed by all members of the Presidential Search Advisory Committee and the members of the Board of Governors, and the “rubric” document for use in the evaluation of applicant files.  In regard to your request for “signed” copies of the Oath of Confidentiality by both the members of the Presidential Search Advisory Committee and the members of the Board of Governors, these are considered to be the equivalent of personnel records, and are therefore, closed.

Sincerely,

[….]

Custodian of Records

Okay. On December 10, 2009 there was no discussion in the meeting of having members of the Board of Governors sign the confidentiality agreement. To be fair, between that time and their present response they could have decided that that would be a good idea. But, the thought didn’t enter the discussion in that hour long “work session” in December of 2009.

The “Oath of Confidentiality”:

OATH OF CONFIDENTIALITY

I, __________________________, DO SOLEMNLY ACCEPT AND AGREE TO ABIDE BY THIS WRITTEN “OATH OF CONFIDENTIALLY” THAT I WILL NOT DIVULGE ANY INFORMATION REGARDING THE IDENTITIES OF CANDIDATES OR PROSPECTIVE CANDIDATES TO ANYONE AT ANYTIME DURING THE PRESIDENTIAL SEARCH OR TO ANYONE AFTER THE PRESIDENTIAL SEARCH CONCLUDES.

________________________________

Signature

___________

Date

All that’s missing is the part where they put you on double secret probation for failing to live up to it.

We asked for:

…1. A copy of the confidentiality statement/agreement signed by the members of the presidential search advisory committee…

…and…

…3. A copy of the confidentiality statement/agreement pertaining to the presidential search signed by the members of the Board of Governors. Also, If the members of the Board of Governors have signed such a confidentiality statement/agreement, copies of the actual document(s) signed by the members of the Board of Governors….

Now, we really weren’t concerned about getting to copies of the actual [signed] statements for the search advisory committee members, but, in fairness, we could see that someone might interpret our request that way if taken in isolation. You would think that someone might get clued in by the second sentence of our request in the section pertaining to the board.

What’s fascinating about the response is the assertion “…these are considered to be the equivalent of personnel records, and are therefore, closed.”

From previous discussions in open meetings we know that the confidentiality agreement/statement exists (and they gave it to us when we asked for it) and we know that members of the presidential search advisory committee won’t be allowed to participate if they haven’t signed it. So, what’s the secret? The color of ink they used to sign it? Or the date?

As for the members of the Board of Governors, we have an assertion that they have or will sign the document, but that we can’t get copies of the actual documents because they are “…the equivalent of personnel records…” Really? The members of the Board of Governors have personnel records? I’d be more convinced if someone could actually find them.

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)

“A Gentleman’s Agreement”?: never mind the facts, here’s right wingnut talk radio (February 13, 2010)

“A Gentleman’s Agreement”?: and we should give weight to your opinion… (February 18, 2010)

“A Gentleman’s Agreement”?: fools for spin (February 20, 2010)

“A Gentleman’s Agreement”?: fools rush in… (February 21, 2010)

“A Gentleman’s Agreement”?: Who’s the more foolish… (February 25, 2010)

“A Gentleman’s Agreement”?: a phone call from out of the blue (February 26, 2010)

HASSLER to PHILLIPS Connect-the-Dots Game! (February 27, 2010)(NYCMule)

This is the thirtieth 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

We had previously asked for a copy of the contract approved by the Board of Governors during their October 29, 2009 meeting. Yesterday afternoon, we received it:

[….]

date: Tue, Nov 17, 2009 at 1:11 PM

subject: Fwd: Re: Request for information – RSMo 610

[….]

On 11/9/09, I advised you that once all signatures were obtained on the contract with Ken Hutchinson of Hutchinson Consulting, LLC and the contract complete, a copy would be provided to you.  Attached is a copy of the contract.

[….]

Custodian of Records

The contract:

[….]

October 29, 2009

Mr. Richard Phillips

Chair, Board of Governors

University of Central Missouri

[….]

Re: Management Consulting Agreement

Dear Richard,

This will confirm that Hutchinson Consulting LLC (also referred to herein as “Consultant”) offers to represent University of Central Missouri (hereafter referred to as “UCM”) in a consulting engagement to identify and present competent persons as viable candidates for the position of President of University of Central Missouri. This aspect of the consulting engagement will be supported by baker and Associates of Atlanta, Georgia, a nationally recognized executive search firm and specifically Jerry H. Baker. All fees, costs and expenses associated with Baker and Associates and Jerry H. Baker shall be the sole responsibility of Consultant. Search advertisements will include baker and Associates and Hutchinson Consulting LLC. Hutchinson Consulting LLC will also serve as the general human resources consultant on matters related to the search, including the assessment of desired leadership qualities for the next president, and consulting assistance in developing the next president’s compensation program. Hutchinson Consulting LLC shall endeavor to accomplish those items on the attached Schedule A on or about the dates specified on Schedule A, with the understanding that UCM and Hutchinson Consulting may from time to time mutually agree to an adjustment both of items to be accomplished and dates.

Hutchinson Consulting shall also assist with the preparation of performance criteria and performance indicators for communication and evaluation purposes for the new president.

The professional fee for the engagement shall be Eighty Thousand Dollars ($80,000.00). It will be invoiced to you in three equal installments of Twenty-Six Thousand Six Hundred Sixty-Six Dollars and seventy-Seven Cents ($26,666.67). The initial retainer invoice will be submitted not later than five days after signing this agreement. The second invoice in the same amount of the first invoice will be submitted to you sixty-five days after signing this agreement. The last invoice in the same of the first invoice will be submitted to you immediately following UCM’s signing of an Employment Agreement with the new President. Consultant shall assist in the preparation and negotiation of any such Employment Agreement. Consultant is acting as an independent contractor and is not an employee of UCM. Accordingly, UCM shall not exercise control over the method by which Consultant shall perform such work as may be requested by UCM. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes and therefore not subject to tax withholding and any and all associated taxes are the sole responsibility of Consultant.

[page]

In addition to the professional fee, Hutchinson Consulting will bill direct expenses of the assignment on an out-of-pocket basis. These expenses include materials and services, report preparation, reproduction and delivery services, as well as travel (coach airfare only) and interviewing expenses. We make every effort to hold reimbursable expenses to a minimum, and will ask your approval prior to incurring major costs and prior to incurring an individual direct expense in excess of one thousand dollars ($1,000.00) and cumulative direct expenses in excess of fifteen thousand ($15,000.00).

We are committed to the goal of equal employment opportunity as established by various federal and state laws and regulations and as stated in UCM’s Equal Employment Opportunity Program. As such, we will not discriminate against any individual for employment because of the protected categories in said Equal Employment Opportunity Program.

Because many candidates will expect their candidacy to remain confidential, we ask UCM to refrain from any unauthorized, indiscriminate reference inquiries about candidates. When appropriate, we will inform candidates that an offer may be contingent upon successful completion of reference checks or any other conditions of employment required by UCM. At that time, references will be checked.

At the direction of the Board of Governors, Hutchinson Consulting or Baker and Associates will conduct reference checks on the final candidates, an analysis that will include both telephone reference checks and requesting and receiving written letters of reference.

As you direct, we will provide you and the committee with a status report of all the individuals involved in your search.

We will not initiate contact or otherwise recruit the candidate chosen for President of UCM for a minimum of five years, unless permission is given by the President of the Board of Governors. UCM may terminate this management Consulting Agreement at any time for any reason or for no reason and any and all incurred payments, costs and expenses shall be paid to Consultant up to the date of termination.

If you have any questions regarding our procedures or the terms and conditions outlined in this confirmation letter, please call me. If you are in agreement with these arrangements as stated, please sign both copies of the Consulting Agreement where indicated. Retain the “Client Copy” for your records and forward the “Consultant Copy” to my office.

I look forward to and am delighted to establish this relationship with UCM.

Sincerely,

s/

R. Kenneth Hutchinson

President, Hutchinson Consulting LLC

RKH/clc

Enclosures

[page]

SCHEDULE A

Hutchinson Consulting LLC

And

University of Central Missouri

2010 Presidential Search Timeline

(Timeline can be compressed if desired by the Board of Governors)

November 2009-December 2009

Appoint search consultant

After interviewing members of the Board of Governors (members of the Board of Governors are also referred to herein as the Search Committee or Presidential Search Committee), draft statement of desired leadership qualities for Board approval and possible circulation to UCM constituencies.

Draft and place advertising that incorporates desired leadership credentials.

Approve composition of Search Advisory Committee to the Board of Governors. Optional)

January 2010

Advertising appears for two consecutive weeks.

Search announcement letter is mailed to Governor, State Senator, State Representatives and key friends of UCM.

Search brochure and candidate nomination forms are printed and distributed. (Optional and may be accomplished with UCM facilities)

Search web site is assembled and made public. (Optional and may be accomplished with UCM facilities)

Nominations for members of the Search Advisory Committee are submitted to the Serach Committee Chair.

President Search Forums are scheduled and advertised: Warrensburg, greater Kansas City, Missouri metropolitan areas, select other areas in the UCM catchment area
. (Optional)

February 2010

Conduct Search Forums.

Actively solicit nominations.

Provide agenda to Board of Governors prior to meeting.

Search Committee Chair sends letter to Advisory Committee nominees inviting them to serve on committee.

Appoint Search Advisory Committee and Chair.

[page]

Schedule Search Advisory Committee meeting with Chair of the Presidential Search Committee to charge the committee and provide other search information as appropriate.

March-April 2010

Search Committee meeting with Search Consultant

Report on diversity of candidates

Distill list of candidates

Determine dates for candidate interviews.

Telephone the semifinalists to determine continuing interest and request references.

Conduct reference checks.

Determine off-campus interview site and make appropriate arrangements.

Schedule candidate interviews.

Arrange lodging, meals and travel for search committee and candidates.

Consultant guides Search Committee through preparing interview questions and formatting interview sessions.

Search Advisory Committee schedules meeting to draft interview questions and format interview sessions under guidance of the Consultant.

May-June 2010

Interview semi-finalists.

Distill pool to three to five finalists.

Telephone to determine continued interest and to advise of intensified background checks.

Schedule candidate interviews, as appropriate.

Arrange lodging, meals and travel in preparation of finalist interviews.

Complete reference checks.

Presidential Search Committee receives individual reports of committee members of the Search Advisory Committee.

Board of Governors negotiates terms with finalists.

Board of Governors appoints and announces new president.

New President Appointee and Spouse (if applicable) make campus tour for introductions.

[page]

October 29, 2009

CONSULTING AGREEMENT

The Board of Governors of University of Central Missouri

President, University of Central Missouri

Accepted By:

Signature: s/

Name: Richard Phillips

Title: Chair of University of Central Missouri Board of Governors

Date Signed: 11-16-09

CLIENT COPY

[CONSULTANT COPY also provided]

You can read a copy of the original document here (pdf).

I think I know ten people who won’t invited to be on the “Search Advisory Committee”.

Interesting. It appears that presidential candidates will likely be invited to campus for interviews after the end of the semester – when the majority of students and faculty will be elsewhere. Well, at least the candidates can be given a tour of the luxury boxes. Maybe they can get answers to our questions without paying $501.86.

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)

“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, 20
09)

“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)

This is the twenty-fifth 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

We had previously asked for the contract the University of Central Missouri Board of Governors “authorized” with Hutchinson LLC for their services in the upcoming presidential search and had been informed twice that the contract wasn’t “in” yet.

We sent a request again on Sunday (effective Monday morning):

[….]

date: Sun, Nov 8, 2009 at 4:37 PM

subject: Request for information – RSMo 610

This is a request for information under RSMo 610:

A copy of the contract with Ken Hutchinson, Hutchinson Consulting LLC for the presidential search approved by the Board of Governors on October 29, 2009.

On November 1, 2009 I requested the following: “1. A copy of the contract with Ken Hutchinson, Hutchinson Consulting LLC for the presidential search approved by the Board of Governors on October 29, 2009.”

On November 4, 2009 I received the following reply: “The contract has not been finalized and therefore, is not available.”

Is the contract now finalized and available? If not, when do you anticipate that it will be?

Thank you for your assistance.

[….]

We promptly received the following reply:

[….]

date: Mon, Nov 9, 2009 at 8:46 AM

subject: Re: Request for information – RSMo 610

[….]

In response to your request, dated 11/8/09 and received on 11/9/09, we anticipate the contract with Ken Hutchinson of Hutchinson Consulting LLC, will be available within the next couple of weeks.  Once all signatures have been obtained and the contract is completed, a copy will be provided to you.

[….]

Custodian of Records

[….]

Okay. Then what was the hurry in “authorizing” this contract for $80,000 on October 29th? Just asking.

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)

“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

This is the eighteenth 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

If they were making a decision to spend $80,000 you’d think they’d get a better phone connection. We spoke with a member of the Board of Governors who stated that the record of her vote in favor of awarding a contract to a presidential search firm is in error. More on that later.

We sent in a sunshine request for last week’s closed Board of Governors session after they issued a release stating that they approved a contract with Hutchinson Consulting LLC:

[….]

date: Sun, Nov 1, 2009 at 5:42 PM

subject: Request for information – RSMo 610

This is a request for information under RSMo 610:

1. A copy of the contract with Ken Hutchinson, Hutchinson Consulting LLC for the presidential search approved by the Board of Governors on October 29, 2009.

2. A copy of any RFP (Request for Proposals) issued by the University or the Board of Governors pertaining to the contract awarded in (1) above.

3. A copy of any bids submitted in competition for the contract awarded in (1) above.

4. The record of the vote and how each board member voted on the contract in (1) above.

Thank you.

[….]

Early the next morning we received a terse reply from the University’s General Counsel. This was unusual because we have been going through the University’s “custodian of records” in making our requests and we have been receiving answers (and refusals) through the same person, though the University’s General Counsel has been copied on all responses to our requests to date.

from: Henry Setser [….]

date: Mon, Nov 2, 2009 at 8:58 AM

subject: Re: Request for information – RSMo 610

Should have a contract today and as you know, this was not subject to bidding.

[….]

Uh, no, we didn’t know, that’s why we asked.

Finally, this afternoon, we got an answer to our request. Sort of.

Still no copy of the contract.

[….]

date: Wed, Nov 4, 2009 at 3:26 PM

subject: Re: Request for information – RSMo 610

[….]

This responds to your request for information, dated November 1, 2009 (5:42 p.m.) and received by me on November 2, 2009.  You requested:

1. A copy of the contract with Ken Hutchinson, Hutchinson Consulting LLC for the presidential search approved by the Board of Governors on October 29, 2009.  The contract has not been finalized and therefore, is not available.

2. A copy of any RFP (Request for Proposals) issued by the University or the Board of Governors pertaining to the contract awarded in (1) above.  There is no Request for Proposals issued by the University or the Board of Governors pertaining to the contract.

3. A copy of any bids submitted in competition for the contract awarded in (1) above.  There were no bids submitted in competition for the contract.

4. The record of the vote and how each board member voted on the contract in (1) above. During the October 29, 2009, Closed Session, a motion was made and seconded that the Board of Governors authorize a contract with Ken Hutchinson of Hutchinson Consulting Services LLC for presidential search consultant services in the amount of $80,000.  The motion carried with the following roll call vote:

Walter Hicklin aye                            Mary Long aye

Weldon Brady aye                            Deleta Williams aye

Edward Baker aye                            Richard Phillips aye

[emphasis in red in original]

Time out. If you voted to award a contract for $80,000 do you think that maybe you’d have a good idea of what its finalized state was going to be before you voted to approve it? Just asking.

Besides, we were told on Monday morning: “Should have contract today…”

No request for proposals. No bid.

After receiving this response to our Sunshine Law request I called Deleta Williams, a member of the Board of Governors, to ask her about this particular vote. She informed me that there was a bad phone connection and that she believed at the time that there was discussion leading to an adjournment vote. She told me that she will attempt to correct the record of her vote.

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)

“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)

This is the fifteenth 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

At the October 29, 2009 University of Central Missouri Board of Governors meeting. From left to right: University of Central Missouri President Aaron Podolefsky, Board of Governors President Richard Phillips, board member Walt Hicklin, University Counsel Henry Setser. The empty chairs in the foreground were for board members Deleta Williams and Lawrence Fick, both who did not attend this meeting and who were in the minority in voting to renew President Aaron Podolefsky’s contract almost a month ago.

At 4:45 p.m. in the Friday news dump:

FOR IMMEDIATE RELEASE…

UCM Begins Presidential Search Process

WARRENSBURG, MO (Oct. 30, 2009) – The University of Central Missouri Board of Governors voted Oct. 29 to enter a contract with Ken Hutchinson, president, Hutchinson Consulting LLC, Columbia, to lead the search for the university’s 15th president. The vote was unanimous by those attending the meeting. Hutchinson brings unique qualifications and credentials to the presidential search process, having served 42 years in higher education administration in Missouri, retiring at the end of 2007 as vice president of human resources at the University of Missouri.

An advisor and consultant on previous university presidential searches in Missouri, Hutchinson has extensive experience with regard to executive performance programs. Hutchinson was elected as a Fellow in the National Academy of Human Resources in 2000. In addition to his personal qualifications, he maintains a contractual relationship with the leading national search firm of Jerry H. Baker and Associates, which brings additional expertise and resources to the search process.

The presidential search process, now under way at UCM, will be highly collaborative and involve input from all major stakeholder groups, according to Richard Phillips, president of the UCM Board of Governors. More details on the complete process will be announced soon.

# # #

[emphasis added]

Was there an RFP (request for proposals) or bid process before the awarding of this contract? And what is the cost of the contract? We’ll try asking those questions.

“…The vote was unanimous by those attending the meeting…” Two of the three board members who voted to renew Aaron Podolefsky’s contract were not in attendance.

“…The presidential search process, now under way at UCM, will be highly collaborative and involve input from all major stakeholder groups, according to Richard Phillips, president of the UCM Board of Governors…” I’ll venture a guess of the names of ten faculty members who definitely won’t be appointed to that search committee.

Let’s take a look at some connections:

UM associate to retire in December

By Amy Brachmann and Elliot Njus

Published Sept. 14, 2007

Kenneth Hutchinson, the UM system vice president for human resources, said he plans to stay professionally active after he leaves the UM system, but still plans to enjoy retirement…

…UM system General Counsel Bunky Wright, who also works at the UM system office, said he and Hutchinson have been friends since childhood.

“I have the greatest respect for him,” Wright said. “He’s just an outstanding person.”

Hutchinson said that although he hopes to do some professional work at a human resources firm he started, he doesn’t want to do too much…

[emphasis added]

July 30, 2003

UM approves raise for administrators

by WHITNEY POOL  

The UM Board of Curators approved a 2 percent salary increase for five administrative officials during its executive session Friday.

Vice President for Human Resources Ken Hutchinson, Vice President for Academic Affairs Steve Lehmkuhle, Vice President for Finance and Administration Nikki Krawitz, UM General Counsel Marvin “Bunky” Wright and UM Board Secretary Kathy Miller will be receiving the raise.

[emphasis added]

University of Central Missouri

Board of Governors

Plenary Session Minutes

February 26, 2009

….Mr. Phillips….welcomed and introduced Mr. Henry Setser, UCM’s new General Counsel who will begin full-time employment on March 3, 2009. Mr. Phillips expressed appreciation to Mr. Marvin Wright for his service to UCM as Interim General Counsel….

[emphasis added]

Curators hold public forums

Wednesday, March 7, 2007

Jack Rollins

….noticed that no representative from Baker-Parker, Inc. was present at the forum. “Does anyone from Baker plan on attending these forums?” he asked.

Ken Hutchinson, vice president for human resources for the university, assured Combs and others that a representative from Baker would be present at all the forums except the first one…

[emphasis added]

Jerry Baker

President

Mr. Baker has been an executive search consultant since 1976. Prior to establishing the firm in 2007, he was a partner with Baker-Parker, Inc. for 16 years….

[emphasis added]

Where everybody knows your name.

Connections are always interesting.

Let’s take a look at the biographies of the current board members who voted in the 4-3 majority to not renew President Aaron Podolefsky’s contract earlier this month:

Board of Governors

Richard Phillips was named to the Board of Governors in February 2005 and currently serves as the board president….He also worked at UCM as assistant football coach from 1970 to 1972….

Walter “Walt” Hicklin was named to the Board of Governors in June 2007, and currently serves as board vice president.   He retired in 2006 as Vice President emeritus of Student Affairs at the University of Central Missouri after having served the university for 31 years….

Weldon Brady was appointed to the Board of Governors in February 2008, and currently serves as board secretary….[1964] and since that time has been a strong supporter of the university and its athletic teams….

Edward L. Baker was appointed to the Board of Governors in April 2007….A strong supporter of UCM athletics, Baker has been a member of the Mule Train since 2002…

[emphasis added]

Mule Train, Mule Train? Where have I seen that before. Oh, yes, now I remember.

Well, three out of the four board members who voted to not renew Aaron Podolefsky’s contract expressed strong connections in their board biographies to the university’s athletic programs.

Oh, wait, make that four out of four with those strong connections:

….Hicklin joined Central in 1975 as an instructor of mathematics, spent five years as the head football coach and one year a
s head track coach….

[emphasis added]

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)

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