5/19/2009:

This letter in the Daily Emerald from an apparently well-informed student provides firm evidence that President Frohnmayer will soon have to give up on the Autzen “O” effort – he is just struggling not to withdraw from his position prematurely.

At the 4/14 furlough meeting President Frohnmayer and Provost Bean said that UO’s administrative expense ratio was 38% of peers, Bend was “in the black”, and that the Portland projects have not cost the Eugene campus. We’ve recently heard that the OUS Board has now asked Provost Bean to provide his data in support of these claims. His remarks at the 5/13 Senate meeting were a first (unsuccessful) attempt regarding the admin expense issue, and we’ve been told more will be forthcoming on Moseley and Bend, and on UO-Portland. We’re not sure what has prompted this sudden change in heart at the OUS Board. Perhaps someone (not us!) filed a DOJ complaint about the Furlough meeting. Perhaps Lariviere has told Bean to clean up this mess before he arrives. Perhaps the Board members have finally gotten more aggressive now that their old friend Frohnmayer has checked out. We’ll see.

Bullies

5/15/2009:

“So the bullies have won.” The Register Guard Editors. The RG takes UO President Dave Frohnmayer to task for failing to defend Professor Sohlberg from the mob that was incited by this RG story on the O sign. The RG Editors can’t bring themselves to criticize Dave by name, but still this is a new and relatively courageous step for them. His contempt for the faculty has been obvious for years and is now part of the DNA of his administration and the athletic department. But his refusal to issue a strong public defense of Sohlberg’s basic right to “peacefully petition for redress” goes far beyond his usual pettiness. Still, now that the sign can stay, we’re sure he will issue a florid public statement of some sort.

underpaid administrators

5/14/2009:

At yesterday’s UO Senate meeting Provost Bean spent a long time talking about “misinformation spread by blogs.” We are happy to hear he’s been reading UO Matters, and we welcome his response to our comments on his speech:

  1. He refused to repudiate his Furlough meeting claim that UO’s Admin expense ratio was 38% of peers. Odd, because an hour before the meeting one of your Editors was talking with OUS Legal Counsel and Board Secretary Ryan Hagemann, who said that despite extensive searching OUS could find no evidence to support this, other than the document referred to here, which he agreed – in fact insisted – was not relevant. Mr. Hagemann then said that he would be encouraging Provost Bean to stop making claims of this sort unless he could back them up with data. Why was Mr. Hagemann so firm on this point? Perhaps because he knows that in Oregon it is a crime to misrepresent administrative expenses when you are soliciting charitable donations – as Provost Bean did (legal disclaimer: appears to have done from the video) at the furlough meeting. The ball is in your court Jim – got any more anecdotes for us?
  2. He claimed that Frohnmayer was paid just slightly more than his peers. But Bean – who has a PhD in Operations Research – departs from the standard Chronicle.com definition by not reporting the $206,000 Frohnmayer receives in 401K and retirement pay.
  3. Similarly with his comparisons of administrative salaries. He is claiming UO is the equivalent to the median AAU public university. Provost Bean, have you looked at that list of universities? Budgets, enrollments, Med schools, … You are comparing VP for Finance and Research jobs at Berkeley, Michigan, Wisconsin, UVA with UO? The VP’s at those schools deal with budgets that are what – 3 to 5 times UO’s. While the source for Bean’s comparisons (CUPA) includes this budget information, Bean dropped it from his tables. Provost Bean also left out his own $25,700 “stipend” – which he takes as additional salary.
  4. Provost Bean claimed that the faculty salaries we have posted included salaries for medical school faculty. It does not. However, his comparison group of administrators does include those with responsibility for medical schools.
  5. In short, the salary comparisons we have posted here are more reliable than Bean’s with respect to both the set of comparators and the accuracy of the UO salaries.
  6. Interestingly, Bean didn’t try to justify Diversity VP Charles Martinez’s salary or explain his second job at OSLC. See below, more here, and still more to come.
  7. Frances Dyke’s $170K helper VP. We get it: you are a gentleman. (When spending other people’s money.) But you are paid to make tough calls for the good of the university. Time to earn your pay and make this one.
  8. Bean’s claims on Bend have morphed from “we are slightly in the black” when asking the faculty for furlough contributions to “we’ve lost millions but we will almost break even next year – if no one notices we are keeping everything possible including Moseley’s salary off the books.” Uh, but he’s the Director, Jim. And what about Leahy and Seitz? You are going to lose your last shreds of credibility over this Jim. Everyone including the CAS Dean knows you haven’t been telling the truth about Bend and still aren’t. Sunk costs are sunk – so don’t use them to justify digging a deeper hole. You are paid enough to do hard things, this one is easy.

But we should all celebrate this:

Nathan Tublitz’s UO Senate motion for a bit of financial transparency passed on an unanimous voice vote with a few minor amendments. The argument was over when a Senator said to Frohnmayer: “You are asking us to give up our pay to help out UO. We deserve to know how you are spending our money.” Somehow that didn’t sink in with Frances, who kept on talking. During the debate VP for InfoTech Don Harris said it would cost $26K to implement, vs. the $10K OSU paid. He also said that UO was upgrading to BANNER 8.0. Perhaps this upgrade already includes basic web reporting features? If anyone has any inside knowledge of this or on why cost is so much higher at UO, please go here and pass it on. Why does Frohnmayer insist on fighting transparency to the bitter end?

The meeting also had the Diversity Progress report by VP Charles Martinez. Charles’s speech was straight up bureaucratic double-speak. As has become traditional, Charles brought a large contingent of Diversity Committee people with him for protection, announced their presence and had them stand before speaking, and took so long to say nothing that there was no time for questions about that nothingness. But at least this year he took time off from his OSLC job to show up for the meeting, and we appreciate that gesture – so thanks Charles, you are doing a heckuva job. Notably, he did not mention the UMRP once. We will have more on why later. The other rumor is that his office will be reorganized and Charles will be replaced in fall, because of his questionable second job – though the press release will read something like “Mission Accomplished”. We expect (hope?) that President Lariviere will insist on an open hiring process – it’s a little embarrassing having a Diversity VP who was hired without an Affirmative Action compliant search!

5/13/2009 AM:

The UO Senate meets in 115 Lawrence today at 3. The agenda includes Charles Martinez’s Diversity report and Nathan Tublitz’s motion for financial transparency. We hear that Frohnmayer has told the Johnson Hall dwellers that they are to support this iff:

  1. It is not implemented until sometime after he steps down as President on 7/1/2009.
  2. It is not retroactive to payments made while he was President.
  3. It does not cover expenditures from UO Foundation funds.

Now why would those particular things be so important?

The Daily Emerald’s 3 part series of retirement interviews with Frohmayer continues. Today‘s topic is athletics and donor influence. He moves from yesterday’s “UO is a hot brand” and “the state never gives us enough money” memes to “athletics brings in money for academics”. His claims that athletics has improved the academic side aren’t absurd, but they are all based on selected anecdotes, and the reporter doesn’t question them. The story ends with this quote from Dave: “That’s what the essence of academic freedom is.But the ODE website is apparently not accepting comments on the interview!

Yesterday there were no questions about why the hot brand is all about athletics instead of academics, and why Frohnmayer has spent the money we do get from the state on himself and his administrators and their pet projects instead of on improving UO’s academic ranking.

Nearly a month after the hyped 4/14 Town Hall meeting – Frohnmayer was so proud of this he posted it on youtube – the voluntary furlough program seems to have all but vanished. A few hundred people signed up – mostly junior administrators pressured into it by their bosses, who left the filled out forms in their subordinates mailboxes. But many faculty were told by their Deans and Heads that it was all politics, and to ignore it. Provost Bean has stopped answering emails about it, and the administration website hasn’t posted any updates since the meeting. Meanwhile, the junior admins and the few faculty who, I’m sorry – got tricked into this by Frohnmayer and Bean – are still giving up their pay, and no one will explain why. If you know any thing recent email us at uomatters@gmail.com or post an anonymous comment here.

5/11/2009:

We missed last week’s Assembly meeting. Peter Gilkey has posted a lot of data here. Essentially after a lot of wrangling, motions were made and adopted that the faculty delegate the faculty’s statutory powers to the University Senate and that the faculty ratify all past acts of the University Senate.

5/8/2009:

Note: on 5/26/2009 we got this comment on this post and it sounds pretty knowledgeable. We’ve left the original post up, but take it with a grain of salt.

“This is a very carefully sliced history. A more balanced view with a baseline from a few years ago: We had Moseley (Provost), Davis (VP Acad. Affairs), Anne Leavitt (VP, Student Affairs), and Dan Williams (VP, Administration), plus the other VPs for Development and for Research. They were replaced by Bean, Tomlin, Holmes, and Dyke. Lorraine only had the Student Affairs portfolio for a fairly short time, and Frances was mostly a replacement for Dan Williams, with the addition of some of JTM’s financial responsibilities. this sure looks like a one-for-one replacement, distracting us from the more serious issues of the huge growth in Associate VPs, support staff, and so on.”

Original post:

A little UO history – email us if there are any errors. Until 2006 John Moseley was Provost and Vice President for Finance and Lorraine Davis was Vice President for Academic and Student Affairs. In 2006 Lorraine retired and her job was split in two – Russ Tomlin took the Academic Affairs part, and Robin Holmes the Student Affairs part. That same year Moseley retired and his job was also split in two. Jim Bean is now Provost and Frances Dyke is VP for Finance. Now we hear that Provost Bean is going to hire a new VP for Budgeting, with responsibility for all the parts of the job Frances Dyke hasn’t been able to figure out. She will keep some sort of title and her entire $212,000 salary. Meanwhile, incredibly, both Moseley and Davis are still on the UO payroll 1/2 time – Moseley runs UO’s money losing Bend programs from his retirement home on the Deschutes, and Lorraine Davis is now apparently traveling to away games at UO’s expense and proctoring athlete’s exams – if she has any more substantive responsibilities, we haven’t heard of them, and her $197,278 FTE contract has two more years to run. So, in less than 3 years UO’s core central admin has gone from 2 people earning a total of about $350,000 to:

  • $320,000 Jim Bean, Provost
  • $212,000 Frances Dyke, VP for Finance
  • $170,000 new VP for helping VP for Finance Frances Dyke
  • $177,000 Russ Tomlin, VP for Academic Affairs
  • $181,000 Robin Holmes, VP for Student Affairs
  • $124,000 John Moseley, Spec Asst to Provost Bean (that’s the pay for 1/2 time)
  • $99,000 Lorraine Davis, Spec Asst. to Pres and Provost (“)

Totals $1,283,000 before we talk benefits, secretaries, staff, fancy offices, … (We are omitting jobs such as VP’s for Research, Information, etc which have not changed.) And Provost Bean still stands by his claim that UO’s administrative expenses are 38% of our peers? Apparently he’s not the kind of a man who can admit a mistake, but he could redeem himself a bit – and earn his big salaryby insisting that Frances Dyke be replaced, not replicated. According to UO’s Org chart, all these people are Provost Jim Bean’s subordinates. This problem is his problem.

Email from Associate AG David Leith re Grier Investigation

From: “Leith David” David.Leith@doj.state.or.us
Date: May 11, 2009 9:15:32 PDT
To: Professor X
Subject: RE:

Professor X,

I want to provide a clear statement of what we are willing to do.  I hope this will minimize the possibility of misunderstanding or surprise, and that it will give you the information you need to make an informed decision.

This proposal arises from my request at our May 5 meeting that we try to reserve some part of our focus to forward-going objectives, as opposed to retrospective matters.  Responsive to that request, you suggested that we all take a time-out, which I agreed sounded like a good idea.  Our resulting proposal is as follows:

We will not finally conclude our review of the allegations in your complaint against Melinda Grier until after August 1, 2009.  The draft letter that we shared with you would become our interim determination.  You could provide comments on our draft letter up until August 1, 2009, if you remain interested in actively pursuing the issue at that time.  If we receive comments, we would resume our review and complete it in due course.  If we do not receive comments, our interim determination presumptively would become final.

In the meantime, you would cease all public records requests and related petitions (withdrawing any pending requests or petitions), you would cease all complaints (including complaints about UO employees), and you would cease all other communications, including emails, to UO or other state officials.  (The scope of the time-out is in recognition of the fact that your zeal causes issues to become encompassing when they are entertained at all.  The idea is to provide all parties a much-needed opportunity peacefully to reflect.)

In the event that action is taken during the time-out that is inconsistent with these terms, the time-out would end and the constraint against issuance of our final determination before August 1 would be dissolved.  We would notify you that any information you would like to provide responsive to our interim determination would be due by a date certain one week following that notice, and we would issue our final determination in due course after that deadline.

These terms are set out more precisely than I would have preferred, but I believe the clarity is essential in these circumstances.  If you would prefer to forgo the time-out, that also is fine, of course.  I look forward to your decision.  Thanks, — Dave@doj.state.or.us>@doj.state.or.us>@doj.state.or.us>

Athletic Department

Rachel Bachman at the Oregonian does a good job getting the facts out:

5/9/2009: End of Kilkenny Era

Someone should start filing some public records requests on this stuff – starting with the highly unlikely claim that the Athletic Department’s books are balanced. It would be a simple matter to request the budget reports and then see what they are actually including as expenses in those reports.

Another issue is conflicts of interest. What do you think the chances are that the ~200 employees over there are, many with years of experience, moving in and out of marketing jobs and endorsement contracts, are actually reporting all their financial conflicts of interest with UO contractors such as Nike? State law requires such reports.

Frankly we are too busy with the academic side to do much of substance here, but if you have anything particularly interesting, use the comments or email uomatters@gmail.com

UO Foundation

The UO Foundation is a non-profit established to raise and manage money for UO. Non-profit status means it must report some information to the IRS. Here are copies of the UO Foundation’s IRS 990 forms. These explain assets, administrative salaries, and give some hints about how the Foundation spends money. The US Senate Finance committee under Grassley and Baucus has pushed revisions to IRS rules which will require considerably more complete documentation – these take effect next year.

The Foundation always runs out the clock on the allowable IRS extensions – this is a common strategy by non-profits to keep information private as long as possible. They have just released the form for the FY ending June 30, 2008. Data for the FY ending this June will likely not be available until nearly a year later – May 15 2010. Late and incomplete as they may be, these IRS are currently the best available public information on how the foundation spends the money it receives for UO.

UO Foundation IRS 990 forms are below. The 07-08 form is full of interesting info we haven’t yet figured out – like $million plus payments for “UO President’s Office”, whatever that means. Anyone got a clue?

2007-08
2006-07
2005-06
2004-05
2003-04
2002-03

Be the Change

UO’s new President Richard Lariviere takes office 7/1. We hear very good things about him from people we trust. He has a few less than two a months to decide how to fix UO. Don’t let him get all his information from the usual suspects. Email him at rwl@uoregon.edu, and tell him your perspective on what is right and wrong about UO.

Paul Kelly, chair of the OUS Board is another good person by all accounts, who gets too much information from Frohnmayer, Bean, Grier, Dyke and Hubin, and too little from faculty and students. cc him at pkelly@gsblaw.com

Illegally backdated Aff. Act. Plans

posted 5/3/09

Federal regulations require UO to prepare and update it’s Affirmative Action plan every year. At UO, AAEO Director Penny Daugherty never does this and President Frohnmayer then backdates the plans to make it look like we are in compliance.

If you are filing an AA complaint, this is fraud. It will look like UO was in compliance when they were not. A recent Emerald story says

“The plan is suppose to be updated annually; it is a 12-month plan,” said Harold Busch, the former OFCCP Director of Program Operations. “That means (the contractor) needs to have a new plan in effect at that date. You can choose the date … but you must be consistent.”

UO’s 2006 AA Plan is dated “effective Jan 1 2006”. Frohnmayer didn’t sign it until after May 23, 2007, and as these letters show he then backdated it to Jan 1 2006. Incredibly, the current AA plan on the AAEO website is dated Jan 1 2008 – so it’s now 4 months out of date. Apparently Frohnmayer backdated this one, actually signing it in October 2008 or so. Doug Park in the GC’s office won’t tell tell us exactly – that’s right, UO will not tell people when they actually implemented their Affirmative Action Plan!

Complaint to the OFCCP is below:

Dear Mr. Rios:

This is a complaint regarding the failure of my employer, the University of Oregon (UO), to file annual Affirmative Action Plan updates, and their efforts to backdate their AA plan when they finally did update it. I believe UO is required to update these plans annually, and I think that backdating a document of this sort is fraud, or something close to it. I am filing this complaint for myself and for several anonymous minorities, a woman, and a Vietnam veteran, all of whom have asked me to pursue this matter.

I originally started asking the UO Affirmative Action Director, Penny Daugherty about AA plans in May 2006. At the time, UO’s most recent AA Plan was dated January, 2004. Ms Daugherty told me that an update was being prepared. I waited a few months, but nothing happened.

Ms Daugherty then stopped responding to my emails. I then asked UO General Counsel Melinda Grier what was going on, and she also refused to answer. I had a meeting with the University’s Provost, Linda Brady, and the Vice Provost for Diversity, Charles Martinez, on Oct 10, 2006. They assured me the plan would soon be updated, and I said would not pursue the matter meanwhile.

Then in April 2007, I checked and found the plan was still not updated. The AAEO website still listed the plan from January, 2004. I asked around again, but again Ms Daugherty just wouldn’t reply. I wrote a letter to the OFCCP Director in Washington. I emailed UO President Frohnmayer on 5/8/2007, asking what was the holdup, and cced a few newspaper reporters on the email. This got his attention, and he responded a few days later. So I know that as of 5/11/2007, UO had not updated its AA plan from the January 2004 version.

A week or so later I checked the AAEO website. They had now posted a new AA plan. The plan, however, was backdated to say “effective January 1 2006.” It even says this on the page where President Frohnmayer signs it, giving “his personal and professional commitment to equal opportunity”!

As I understand the process, the AA report is prepared by Penny Daugherty and UO’s AAEO office. UO General Counsel Melinda Grier (a specialist in labor and discrimination law) supervises the efforts, and VP for Diversity Charles Martinez consults. None of them have responded to my questions about when the plan was actually complete, much less why they would agree to go along with backdating this official document.

However, I have been told that several discrimination complaints and several lawsuits involving accusations of discrimination are underway against UO. I would think it is important that the people making these complaints know that this backdating has occurred, since it’s my understanding that in the absence of a current AA plan, the burden of proof for some matters involving discrimination claims is with the defendant.

In short, I think the actions of the UO and Frohnmayer, Grier, Martinez, and Daugherty may already have led to, or may about to lead to, real harm.

I very much appreciate your efforts to investigate this situation.

Yours,

Martinez’s (Diversity VP) 2nd $150K job

Update 5/31/2009:

Greg Bolt has an article in the RG on overcomittment problems at UO. Diversity VP Charles Martinez comes in for special attention. Martinez’s off campus job is at the Oregon Social Learning Center. By running his NIDA grants through OSLC he has been able to do an end-run of the normal overcommitment rules. Here are the contracts showing Martinez’s 3/4 time UO position (pages 1-6) and his 3/4 time OSLC position (pages 7-12). The most recent report, through September 2008, has him working an average of 25 hours a week for OSLC, so he’s billing 19.5 months per year. At one point it was up to 21. His current pay, including a strange “administrative supplement” is now about $150K from UO, plus another $85K from his OSLC grants.

In fairness to Provost Bean he inherited Martinez from Provost Moseley, who had to hire a diversity VP on the quick, after he lost a discrimination lawsuit. So quick that UO didn’t even do an affirmative action compliant search, even a year later, when they converted him from interim to regular. No AA search for the VP for Diversity!?

While Martinez refuses to answer questions, Provost Bean says he’s doing a heckuva job, and it’s fine for him to ignore the usual 1 in 7 day rule on outside work, not run his grants through UO, and have two jobs. As usual with Greg’s articles, you wish he would follow up on his questions, as in: “Really, Provost Bean – you think it is appropriate for one of your VPs to have a 25 hour per week job on the side? Would you offer the same deal to a professor?”

Update from 5/13/2009 Senate meeting:

The meeting also had the Diversity Progress report by VP Charles Martinez. Charles’s speech was straight up bureaucratic double-speak. As has become traditional, Charles brought a large contingent of UO Diversity Committee people with him for protection, announced their presence and had them stand before speaking, and took so long to say nothing that there was no time for questions about that nothingness. But at least this year he took time off from his OSLC job to show up for the meeting, and we appreciate that gesture – so thanks Charles we really appreciate the (literally!) 1137 pages of “Diversity Action Plans” your office has processed. An awesome achievement, on paper.

Notably, Martinez did not mention the UMRP once. We will have more on why later. The other rumor is that his office will be reorganized and Charles will be replaced in fall, because of his second job and because people are beginning to wonder exactly what his office does, besides spend $1 million plus per year. The press release will read something like “Mission Accomplished”. We expect (hope?) that President Lariviere will insist on an open hiring process – it’s a little embarrassing having a Diversity VP who was hired without an Affirmative Action compliant search!

UO Senate motion on financial transparency

5/14/09 Update:

Nathan Tublitz’s UO Senate motion for a bit of financial transparency passed on an unanimous voice vote with a few minor amendments. The argument was over when a Senator said to Frohnmayer: “You are asking us to give up our pay to help out UO. We deserve to know how you are spending our money.” Somehow that didn’t sink in with Frances, who kept on arguing. The motion as passed is here.

Professor Nathan Tublitz has introduced the motion below, calling for UO to follow the OSU lead and provide public access to all accounting information. This simple change would mean the faculty might finally learn how UO spent the extra $12 million in tuition money that came in last year.

Rumor control says Frohnmayer has told the Johnson Hall dwellers that they are to say publicly that they don’t oppose this motion and try and move the Senate to a compromise that would only apply to transactions that occur after President Lariviere takes over. Now why would that be so important? Anyone who’s been at UO for more than a few years knows Frohnmayer’s code of omerta. Perhaps the most vicious recent example was what happened to PPPM Prof. Jean Stockard. But remember, she fought it and won.

UPDATE 5/5/2009: Frances Dyke has now caved on Nathan Tublitz’s motion to require UO to post accounting info on the web. A bit late. Rumor is that Bean is going to hire a new VP for Finance, with responsibility for all the parts of the job Frances hasn’t been able to figure out. She of course will keep her $212,493 salary – hey, it’s not like the state is short of money or anything.

Motion US 08/09-8 Concerning Transparency of University Financial Transactions

MOTION TO ESTABLISH AN ON-LINE BUDGET REPORTING SYSTEM AT THE UNIVERSITY OF OREGON

SPONSOR: N. Tublitz, Department of Biology

BACKGROUND: The University of Oregon releases general financial information regarding expenditures on an annual basis. However detailed information on specific expenditures is not easily available. For example, it is currently nearly impossible to ascertain how much did the Biology Department spend on frogs for dissections last term or what were the monthly fax charges accrued by the Romance Languages Department last month.

Our colleagues at Oregon State University have developed a user-friendly, on-line budget reporting web site where users can track expenditures, transaction by transaction, by clicking on specific budget lines in an academic department or administrative office, from the President’s office on down (https://bfpsystems.oregonstate.edu/webreporting/). The OSU system easily tracks individual line items and shows for each how much was budgeted, actual expenditures and available balances. A video demonstration of the OSU system can be viewed at http://oregonstate.edu/~dennisb/videos/nacubo/demo1.html

The OSU on-line budget reporting system has received national exposure and praise (e.g., http://www.insidehighered.com/news/2008/03/07/financial). A State of Oregon legislative bill (House Bill 2500; ) has been introduced in the current legislative session to establish a similar type of searchable budget reporting website for all executive, legislative and judicial branches of state government. This motion proposes to establish an on-line budget reporting system at the University of Oregon similar to that already in place at Oregon State University.

MOTION: The University Senate directs the University of Oregon Administration to establish a publicly accessible, on-line budget reporting system at the University of Oregon by 1 September 2009 that will allow users to track current and retroactive individual university expenditures as is currently done at our sister institution Oregon State University on their budget reporting website ( https://bfpsystems.oregonstate.edu/webreporting/).

FISCAL IMPLICATIONS: OSU’s VP for Finance and Administration, Mark McCambridge, states that their cost of developing a web site to interface with their existing budget database (BANNER) cost less than $10,000. Given that OSU has already produced the interface, the cost to the University of Oregon should be significantly less.