…The fool, or the fool who follows him?

This is the fiftieth 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

As reported in today’s print edition of the Muleskinner, the student newspaper at the University of Central Missouri, on February 25th in open session the University’s Board of Governors unanimously approved the content of a letter to be sent to Benoit Wesly concerning their opinion of the on air radio comments by Greg Hassler:

February 24, 2010

Mr. Benoit Wesly

[….]

Dear Mr. Wesly:

The Board of Governors is responsible for the governance of the University of Central Missouri, and in that capacity has enacted rules, regulations, and policies that clearly specify that discrimination is forbidden at the University. The Board reviewed the matter of the statement attributed to the radio announcer and does not believe the content of the statement was discriminatory, nor was it intended to be discriminatory.  The [text obscured] has been advised that Mr. Hassler made a public statement thereafter, stating that he meant nothing discriminatory and apologized for any controversy caused by his comments….

….Mr. Hassler is not an employee of the University of Central Missouri and is not authorized to issue any statement on behalf of the University. It is indeed unfortunate that what was apparently an innocent comment has been blown out of proportion. The Board takes claims of discrimination very seriously, but it would appear that the remarks were not of any negative impact upon this university, and frankly drew no attention or comment whatsoever until following the orchestrated release of your first communication and subsequent communications about the statement.

The Board is regretful that you have chosen to to take the word of whoever is providing you information over the efforts of the Board and Board President to rationally review this situation. We thank you for your past contributions to the University. It is unfortunate that you have further chosen to withdraw future support of this institution and its students. You certainly have the right to your opinion to do so, and you have exercised that right because you disagree with the Board. This matter is deemed to be closed. We will find a way to keep the institution and its students from being disadvantaged.

Sincerely,

s/

Weldon Brady, Secretary

UCM Board of Governors

“…Mr. Hassler is not an employee of the University of Central Missouri and is not authorized to issue any statement on behalf of the University…”

Uh, his radio station (he’s a minority owner) has an exclusive ten year contract [pdf] with the University to broadcast its sporting events. And he’s certainly a ubiquitous presence in the University’s athletic program publicity.

“…has been advised that Mr. Hassler made a public statement thereafter, stating that he meant nothing discriminatory and apologized for any controversy caused by his comments…”

Here’s the on air “apology” from 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….

…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…”

Ah, yes, a silly non-apology apology. That would work for a governing board, I’m sure.

“…The Board is regretful that you have chosen to to take the word of whoever is providing you information over the efforts of the Board and Board President to rationally review this situation…”

That’s a recurring theme. Not too concerned about the comment, but certainly are concerned about the exposure.

….You are several thousand miles away from Warrensburg while I am fifty miles away yet you have information I do not have….

….I remain curious in trying to understand how and why a person or persons would share this with you….

….you know, this Wesly guy who lives in Denmark, this, you know, he’s Dutch, lives in Denmark. How does he even hear about this from a little radio station in Warrensburg, Missouri….?

Which fool is leading?

Shining the light of day on anti-Semitism can get uncomfortable, especially when one is on the receiving end of the public scrutiny.

“…We will find a way to keep the institution and its students from being disadvantaged….”

The immediate resignation of the board members who approved such a disingenuous letter would be a good start in achieving that shared goal.

Apparently the Board’s opinion doesn’t hold complete sway in the community. There was a letter to the editor in yesterday’s Warrensburg Daily Star-Journal:

….What is difficult to understand is why the board tolerated Hassler’s attacks. They certainly did not need Hassler to help them select a new president. So what, really, was Hassler’s role?

My personal perspective is that the board and Hassler have a hidden agenda. Some day that will all come out.

An agenda? Really?

And which fool is leading? Greg Hassler or the University of Central Missouri Board of Governors?

…Who’s the more foolish: The fool, or the fool who follows him?

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)

This is the forty-ninth 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

Yesterday we posted on the University of Central Missouri Board of Governors’ successful attempt to acquire the gift history of benefactor Benoit Wesly. We also asked if they inquired about others’ gift history. We received no documents indicating such.

There are implications involved in a public entity acquiring information in Missouri – if anyone asks them what they have, they’re supposed to let that anyone know. The University of Central Missouri Board of Governors, as a public entity, is subject to the Missouri Sunshine Law. We are aware that the University of Central Missouri Foundation has previously declined requests for information, supposedly because they are not subject to the requirements of Missouri’s public records statutes. Apparently that depends on who is doing the asking.

After initial resistance from the Foundation…

…The Foundation’s legal counsel, Stinson, Morrison, Hecker LLP, recommends that all donor information be kept confidential. Their interpretation of the law is that we have the ability to keep such giving history private.

We feel that were it to be known that the Foundation releases such information to outside agencies or individuals, we would experience a chilling effect on our ability to solicit and secure future gifts…

…they apparently relented, even though our Sunshine Law request did not turn up any documents explaining this change in policy or even acknowledging such.

What would make the University of Central Missouri Board of Governors discard the advice of nonprofit fundraising professionals?

….1. Is it your legal counsel’s specific opinion  that the information requested be denied Mr. Wright and/or UCM’s Board of Governors, or is it a general recommendation that all donor information be confidential.

2. Is it your opinion that Mr. Wright or the university is “an individual or outside agency?”

3. If I were to make a similar request as past president and emeriti Foundation Board member, would that request be denied. Further, if a Foundation Board officer and/or Foundation Board member made a similar request, would it be denied?

4. Is it your position and the opinion of the legal counsel that the Missouri Sunshine Law does not apply to the Foundation?….

[emphasis in original]

It must be all in how you phrase the question. And what would prompt them to ask for that information for one specific donor and not for others? Is there a specific price point for doing the right thing?

From the records we acquired via our Sunshine Law request directed to the Board of Governors we have been able to ascertain that Benoit Wesly has given $408,250.00 to the University through the Foundation, with another $90,000.00 pledged. The content of the three page document listing that gift history is below the fold.

[page 1 of 3, unnumbered] COPY

Payment Jun 12, 2009 Soft $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Payment Sep 30, 2008 Self $1,750.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $1,750.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Pledge Sep 23, 2008 Self $50,000.00 $45,000.00 Active 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $50,000.00 $45,000.00 Active 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Stude

Gift Aug 28, 2008 Self $15,000.00 2009 Foundation Annual Fund Presidents Fund

Gift May 15, 2008 Self $3,500.00 2008 Foundation Annual Fund Presidents Fund

Gift Oct 12, 2006 Self $3,500.00 2007 Foundation Annual Fund Presidents Fund

Gift Nov 03, 2005 Self $3,500.00 2006 Foundation Annual Fund Presidents Fund

Gift Oct 12, 2004 Self $3,500.00 2005 Foundation Annual Fund Fashion Merchandising Program

Gift Sep 09, 2003 Self $3,500.00 2004 Foundation Unrestricted The Central Annual Fund

Gift Mar 27, 2002 Self $3,500.00 2002 Foundation Unrestricted The Central Annual Fund

Gift Apr 07, 2000 Self $3,500.00 2000 Foundation Annual Camp. Hospitality Management Association Scholarship Endowment

Gift Apr 21, 1999 Self $3,500.00 1999 Foundation Annual Camp. Presidents Fund

[page 2 of 3, unnumbered] COPY

Gift Feb 03, 1998 Self $3,500.00 1998 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1997 Self $3,500.00 1997 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1996 Self $3,500.00 1996 Foundation Annual Camp. Presidents Fund

Gift Apr 25, 1995 Self $3,500.00 1995 Foundation Annual Camp. Presidents Fund

Gift Apr 22, 1994 Self $3,500.00 1994 Foundation Annual Camp. Presidents Fund

Gift Apr 23, 1993 Self $3,500.00 1993 Foundation Annual Camp. Presidents Fund

Gift Apr 06, 1992 Self $3,500.00 1992 Foundation Annual Camp. Presidents Fund

Gift Apr 18, 1991 Self $3,500.00 1991 Foundation Annual Camp. Presidents Fund

Gift Apr 20, 1990 Self $3,500.00 1990 Foundation Annual Camp. Presidents Fund

Gift Apr 20, 1989 Self $3,500.00 1989 Annual Campaign Presidents Fund

[page 3 of 3, unnumbered] COPY

Gift Jun 12, 2009 Soft $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award Fac Staff

    $3,250.00 2009 Foundation Annual Fund UCM Maastricht Medallion International Award for Stude

Gift May 30, 1997 Self $5,000.00 1998 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift May 13, 1997 Self $100,000.00 1997 Foundation Annual Camp. Miscellaneous Restricted

Gift Dec 16, 1996 Self $100,000.00 1997 Foundation Annual Camp. Miscellaneous Restricted

Gift May 03, 1996 Self $100,000.00 1996 Foundation Annual Camp. Miscellaneous Restricted

Gift Nov 03, 1995 Self $5,000.00 1996 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Apr 27, 1994 Self $5,000.00 1994 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Jun 29, 1992 Self $5,000.00 1992 Foundation Annual Camp. Ardon-Doron International Scholarship

Gift Jun 30, 1990 Self $250.00 1992 Foundation Annual Camp. Special Scholarships

[emphasis in originals]

Now that the Board of Governors and the Foundation, through its action in releasing that information to an “outside individual or entity”, have opened this Pandora’s box, we have an idea of others’ gift history we’d like to acquire. We’re making a list.

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)

This is the forty-eighth 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

The student newspaper at the University of Central Missouri, the Muleskinner, published the following unsigned lead editorial in its February 18, 2010 edition (page 4, voices, and yes, we asked):

Board Of Governors’ Secret Selection Process Wrong For University

UCM’s Board of Governors isn’t totally inept – it can still spin the truth and fib fairly well.

The Board decided on Feb. 4 that the presidential search would be conducted in secret. Board President Richard Phillips sent a letter to the campus community stating that candidates would be reluctant to apply to UCM if the names of our applicants were made public because they expected retribution from the candidates’ current employers….

….This decision obviously stems from the Board’s reaction to UCM President Aaron Podolefsky’s having an interview or two over the years.

The Board fails to realize that very few Boards of Governors or Regents are as vindictive and petty as they are….

….The only possible reasons for conducting the presidential search in secret are:

1) The Board actively plans to violate the law in hiring a candidate.

2) The Board already has its choice for president and the search is just a sham.

3) The Board realizes that they will be unable to secure viable candidates of an equal or greater caliber than the president they just threw away like last night’s leftovers.

4) The Board has no confidence in itself and is running scared of potential controversy….

….It is time the Board of Governors starts working in the best interests of the University instead of acting like a high school clique.

It is important to note that Aaron Podolefsky only started interviewing for other positions after Richard Phillips made an inquiry of then Faculty Senate President Jack Rogers in late 2007 about possible faculty reaction to the Board buying out the president’s contract.

Coincidentally, we filled some Missouri Sunshine Law requests.

From: Michael Bersin [….]

Date: Wed, Feb 17, 2010 at 8:22 AM

Subject: Request for information – RSMo 610

Under RSMo 610 I am requesting the following:

1. In the period from December 1, 2009 to this date – any communications or documents sent or received by the University of Central Missouri Board of Governors or any member of the Board of Governors concerning the giving or gift history of Benoit Wesly to the CMSU/UCM Foundation.

2. In the period from December 1, 2009 to this date – any communications or documents sent or received by the University of Central Missouri Board of Governors or any member of the Board of Governors concerning the giving or gift history of any other individual to the CMSU/UCM Foundation.

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 received the following somewhat testy reply:

[….]

To: Michael Bersin [….]

Date: Fri, Feb 19, 2010 at 9:39 AM

Subject: Re: Request for information – RSMo 610

[….]

On February 17, 2010, you made a request for records under the Missouri Sunshine Law and asked for a waiver of fees since  you viewed the request to be in the public’s interest.  Be advised that this fee is being waived not because it is in the public’s best interest, but because the cost of providing the documents to you is very minimal (70 cents).

The requested information is available and may be picked up from my office in ADM 202.  I will leave it in an envelope at the front desk.

[….]

Custodian of Records [….]

[emphasis in original]

Okay. We still think it’s in the public’s interest to know what a public entity is doing.

Does this mean we’re going to get back the $87.75 we paid for one page?

This is the start of what we got for the seventy cents we didn’t have to pay – an e-mail addressed to Joseph Kremer, Chief Development Officer and Executive Director of the UCM Foundation:

[….]1/28/2010 10:32 AM [….]

I have had a request from the Board to obtain information from the Foundation concerning the history of Mr. Ben Wesly’s giving to UCM. Please advise if and when this information can be provided. Thank you. [….]

Now, we have to ask, why would the Board of Governors want to know the details of Benoit Wesly’s giving to the University of Central Missouri Foundation?

Speaking of spin, a letter to the editor written by an individual appeared in the February 8th edition of the local paper, the Warrensburg Daily Star-Journal:

…If we allow this European to hold UCM hostage over this perceived derogatory comment, then we are throwing our sense of right and wrong under the bus in order to continue to receive his favor. If his gifts came with strings attached then those strings should have been identified prior to his giving, and our accepting them. I feel that his gifts come at too high a price. Possibly we should rename the Maastricht Friendship Tower, and call it the Wesley Hostage Tower….

Or, we could spell Benoit Wesly’s last name correctly and call it a draw. Wait, who else keeps spelling Benoit Wesly’s last name incorrectly?

Back to the Board’s request for information. Joe Kremer replied:

[….] 1/28/2010 5:38 PM [….]

After consultation with Dale Zank, president of the UCM Foundation Board of Directors, we have asked our legal counsel, Stinson, Morrison, Hacker LLP, to weigh in on the request. We are sensitive to the issuance of donor information to any outside individual or agency, and feel it appropriate not to respond until counsel has had an opportunity to present their opinion.

Respectfully [….]

Another e-mail to members of the Board of Governors explains:

[….]

To:  Richard Philips; [….] Wright, Marvin

Date: 1/29/2010 3:19 PM

Subject: Fwd: Release of Donor Information

CC: Setser, Henry

Please see the response to the inquiry/request for information pertaining to Ben Wesly’s giving.

[….]

Joseph Kremer 1/29/2010 2:57 PM [….]

The Foundation’s legal counsel, Stinson, Morrison, Hecker LLP, recommends that all donor information be kept confidential. Their interpretation of the law is that we have the ability to keep such giving history private.

We feel that were it to be known that the Foundation releases such information to outside agencies or individuals, we would experience a chilling effect on our ability to solicit and secure future gifts.

The giving information regarding the Tower referenced in the article (“the 1997 article in UCM’s Alumni Today said his gift was more than $300,000”) is public information, and can be thought of as accurate.

Dale Zank, president of the Foundation Board, will be calling Weldon Brady to discuss with him our position.

Thanks. [….]

Joe Kremer

Chief Development Officer

Executive Director, UCM Foundation [….]

Weldon Brady, a member of the Board of Governors, wrote a letter to Joe Kremer:

February 1, 2010

Mr. Joe Kremer

University Director & Chief

  Development Officer

University of central Missouri

ADM 201

Warrensburg, Missouri 64093

Dear Joe:

In reviewing my e-mails over the weekend, I first learned of the request of fellow Board of Governor member Marvin Wright for donor information and must say I was surprised by your response.  I presume your reference to me in your response is because of my liaison to the Foundation, which in and of itself seems to confirm, of course, the affiliation between the university and the Foundation.

In order that I may be prepared to answer any questions that may arise regarding this issue, would you please afford me the following information:

1. Is it your legal counsel’s specific opinion  that the information requested be denied Mr. Wright and/or UCM’s Board of Governors, or is it a general recommendation that all donor information be confidential.

2. Is it your opinion that Mr. Wright or the university is “an individual or outside agency?”

3. If I were to make a similar request as past president and emeriti Foundation Board member, would that request be denied. Further, if a Foundation Board officer and/or Foundation Board member made a similar request, would it be denied?

4. Is it your position and the opinion of the legal counsel that the Missouri Sunshine Law does not apply to the Foundation?

Thank you Joe for your prompt response to these questions.

Sincerely,

s/

Weldon Brady, Secretary

Board of Governors

Cc: UCM Board of Governors

Dale Zank, UCM Foundation Board President

Dr. Aaron Podolefsky, University President

[emphasis in original]

Evidently somebody changed their mind, but they didn’t do so in writing. We got the list.

We received no other communications or documents concerning other donors in response to this Missouri Sunshine Law request.

As of March 1, 2010 Joe Kremer has accepted a position elsewhere and will no longer be working for the University or the Foundation.

Well, we do know that the University of Central Missouri Board of Governors are subject to the Missouri Sunshine Law. Kind of explains one of the practical aspects of Joe Kremers’s position, doesn’t it? If the University and the Foundation are one and the same, we’re going to request some information we’re interested in from the Foundation.

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)