UO hires Matthew Carmichael from UC-Davis as new Police Chief

8/31/2016: UO has successfully completed an open external search for police chief by hiring the guy who cleaned up the UC-Davis police department, after the tear-gassing incident that eventually led to the firing of Chancellor Katehi.

Matthew Carmichael,

… I am currently serving as the police chief at the University of California, Davis. I assumed leadership of our organization in 2011, a time when community/police relations was at an all-time low. In partnership with our community and those individuals that comprise the UC Davis Police Department family, I can now state with great confidence we have become a “Model Law Enforcement Agency”. The challenges we faced over the last five years have truly prepared me for taking on the role of police chief at a new organization such as the University of Oregon Police Department. …

3/5/2016: UO paid Chief McDermed 0.056 Gottfredsons to leave immediately

Betsy Hammond has the report in the Oregonian here. As usual it took a public records request to get the truth out of UO’s PR flacks, who’d been trying to spin this as a simple retirement:

University spokesman Tobin Klinger declined to say why McDermed’s bosses at UO wanted her gone so badly that they asked her to depart and agreed to pay the remaining four months of her contract in exchange for no work. Her total payout, $53,000, included two weeks of accrued vacation, he said.

Klinger disclosed the payment in response to a public records request from The Oregonian/OregonLive.

Both McDermed, 57, and Klinger characterized her departure as a retirement.

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Three finalists for UOPD police chief, starting tomorrow July 12

Follow links for application materials. For more info see the UO Police Department website:

Tuesday, July 12 — James Miyashiro, Senior Director of Safety Operations, University of LaVerne (LaVerne, Calif.): Public forums include a student session from 11-11:50 a.m., a public presentation and Q & A from 2:30-3:30 p.m. open to all, followed by a session for faculty and staff from 3:40-4:25 p.m., all in Susan Campbell Hall Room 111.

April 28, 2016, University of Oregon Human Resources, RE: Chief of Police

Dear University of Oregon Representative: My interest in the position of Chief of Police for the University of Oregon is based on my continued desire to serve at institutions of higher education. The University of Oregon has always been one of my top choices of educational institutions, because of the universities quality academics, rich student life, attractive facilities and strong name recognition. I currently have over thirty years of law enforcement experience dealing with service oriented municipal, university, college and school district police agencies.

Developing and implementing ideas and strategies to deal with current law enforcement, security, and organizational issues, is an area in which I have a proven track record. I am a committed and innovative leader who shows initiative and integrity in all aspects of work performed. I believe strongly in collaborative problem solving, accountability and in developing others for future leadership roles. During my career, I have acquired the necessary skills to meet the challenges of shrinking budgets, personnel management, recruitment, retention, and the importance of staff and team development. …

Friday, July 15 — Matthew Carmichael, Chief of Police, University of California, Davis: Public forums include a student session from 11-11:50 a.m., a public presentation and Q & A from 2:30-3:30 p.m. open to all, followed by a session for faculty and staff from 3:40-4:25 p.m., all in the Knight Library Browsing Room.

May 9, 2016, University of Oregon, Daphne Joubran, Executive Assistant in the Office of the Vice President for Finance and Administration/CFO

Dear Ms. Jouban, It is with great excitement that I submit my application to you for the position of Police Chief at the University of Oregon. I learned of this vacancy through an online job search engine, Indeed.com. I am interested in this position for several reasons. First, the University of Oregon is an amazing institution and a community I would like to be a part of. Second, the Eugene area is a place my family and I would like to call home. If considered for this position I would look to live as close as possible to campus. My family has enjoyed spending time on my current campus and knowing the University of Oregon I am confident we will find ourselves more often than not on campus. Lastly, the University of Oregon Police Department is a relatively new organization and I am excited about the opportunity to help ensure the police department is as cutting edge as the community it serves.

I am currently serving as the police chief at the University of California, Davis. I assumed leadership of our organization in 2011, a time when community/police relations was at an all-time low. In partnership with our community and those individuals that comprise the UC Davis Police Department family, I can now state with great confidence we have become a “Model Law Enforcement Agency”. The challenges we faced over the last five years have truly prepared me for taking on the role of police chief at a new organization such as the University of Oregon Police Department. …

Monday, July 25 — “Candidate C“: Public forums include a student session from 11-11:50 a.m., a public presentation and Q & A from 2:30-3:30 p.m. open to all, followed by a session for faculty and staff from 3:40-4:25 p.m., all in the Knight Library Browsing Room. Candidate name and materials to be published here July 21.

One of the many job number ones for the new UOPD Chief will be rewriting the UOPD’s remarkably unconstitutional ethics policy:

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Noah McGraw report blames UOPD disarray on bad JH oversight

His excellent summary is in the Emerald, here. Some good quotes from a former officer and the usual pablum from the UO administration. All worth reading.

The VPFA has responsibility for managing the UOPD (previously known as Public Safety). The VPFA was initially France Dyke, then in 2012 or so, after a failed external search, Lariviere promoted Jamie Moffitt to VPFA. Moffitt had been on the search committee, which raised some potential COI questions about her promotion. Her previous job had been managing Duck athletic finances. During the Cleavenger debacle Schill moved UOPD oversight from Moffitt to Andre Le Duc in Risk Management, who reports to Moffitt.

Former UOPD Sergeant Sorrentino describes McDermed’s mismanagement

1/27/2016: Former UOPD Sergeant describes Chief McDermed’s mismanagement

To quote just one bit:

Shortly before I left, we had to conduct an internal investigation on a police officer for misuse of a law enforcement database. I don’t know how familiar you are with the laws and rules governing that, but let me just say it is a MAJOR no-no.  Basically, the officer ran personal information (her husband) through the system, and wasn’t the most forthcoming about it when asked.  And, I should note, this was a probationary employee.  So as you can imagine, the investigation comes back sustained. 

Pretty basic stuff.  Chief McDermed (through the chain of command, because she doesn’t want her name attached to anything) tells me to write up my recommendation for discipline.  This is  a no-brainer.  Where I came from (the Las Vegas Metropolitan Police Department), this is, without question, a terminable offense.  So that’s what I recommend. …

Page down for the full email. First some background:

Here’s video of former UOPD Sergeant Frank Sorrentino in action last March, ending a potentially violent confrontation between UO students and anti-abortion demonstrators outside the EMU. He doesn’t use his Glock, he uses the First Amendment and UO’s Free Speech policy.

Sorrentino is not the officer who first responds and tells the anti-abortion protestors that UO is a private university and policy prohibits outsiders from offending students with bloody posters. He’s the one who shows up at 12:30 and calmly explains, to paraphrase, that in America it’s the police’s job to protect free speech.

The students and protestors then proceed with a full, frank, and civil debate:

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Here’s the Daily Emerald report:

UOPD officer John Loos responded to the scene before the students attempted to destroy the poster, incorrectly citing ASUO policy as university policy and saying that the activist had to stop the “Hitler stuff,” otherwise he would be asked to leave the property. “I don’t see where you’re showing how I’m actually violating the law,” the activist said as Loos asked him to put away the poster. “There would be no need to protect freedom of speech if everybody agreed.” Loos said that the activist wouldn’t be arrested. He just had to put the sign away or leave. “You are breaking the rules of this institution. You are not breaking any laws in my opinion,” Loos said. “This is a privately owned institution, even though it’s a public school. If it’s considered to be demeaning or anything like that, it’s not allowed.”

Then Sergeant Sorrentino showed up. He knew what he was talking about, explained the First Amendment to responding officer Loos, and perhaps saved the UOPD from another First Amendment lawsuit to add to the Bowl of Dicks fiasco:

After a moment, the responding sergeant, Frank Sorrentino, showed up and corrected Loos. The two UOPD officials discussed the graphic for a moment and concluded that the activist could stay. “If you’re cool with it, I’m cool with it and we can let this gentleman do his thing,” Loos said. Sorrentino agreed and said that he was okay with the activist’s demonstration as long as there was no physical violence.

It turns out Sorrentino doesn’t just protect the First Amendment, he uses it. He posted this comment on my post about the failed search for a new UOPD Chief:

You have to be cautious in regards to the chief, because if prospective employers call the uopd, she’ll intentionally stick it to you. I’ll include it this time. I was a 23 year career sergeant they brought in from a large, out of state agency to help build the uopd. After being there a month, I saw how out of control things were. All the “evidence” I have is just my first hand knowledge… Things I’ve seen, heard, and been asked to do. So, from a moral and ethical standpoint, I decided that it would simply be better to leave and live off my pension than to stay and tolerate the shenanigans. So, I bailed last summer. Holler if you have any questions. I think there’s a few people we might know in common that should you ask, could vouch for my statements.

He then sent this email describing some of his experiences at the UOPD. I’ve posted it word for word and with his permission:

Here are a few examples of the shenanigans that take place under McDermed’s watch:

Shortly before I left, we had to conduct an internal investigation on a police officer for misuse of a law enforcement database. I don’t know how familiar you are with the laws and rules governing that, but let me just say it is a MAJOR no-no.  Basically, the officer ran personal information (her husband) through the system, and wasn’t the most forthcoming about it when asked.  And, I should note, this was a probationary employee.  So as you can imagine, the investigation comes back sustained. 

Pretty basic stuff.  Chief McDermed (through the chain of command, because she doesn’t want her name attached to anything) tells me to write up my recommendation for discipline.  This is  a no-brainer.  Where I came from (the Las Vegas Metropolitan Police Department), this is, without question, a terminable offense.  So that’s what I recommend.  The chief says no.  I then recommend a 1 week suspension.  The chief says no.  I recommend a 1 day suspension.  Guess what?  The chief says no.  At this point I’m actually laughing about it because it is so absurd.  I tell the lieutenant “just tell me what the chief wants me to do, since she won’t tell me herself”. 

He tells me that she wants me to write the officer a ‘Letter of Clarification”, which is barely a slap on the wrist that says ‘don’t do that anymore’.  So I write the letter, which says something like “at the direction of the chief, you are being issued this letter of clarification…..”.   Well didn’t it get immediately kicked back to me because apparently, I’m not allowed to say that the chief had anything to do with this.  And here’s the kicker:  during the investigation, it was revealed that a few of our civilians working at the dispatch center have done the same thing.  So I say, you know, we have to treat employees equally and fairly, so we need to open up an investigation on those folks. 

The answer?  No, we’re not doing that.  WTF??  How does that work?  McDermed said she was going to issue a blanket letter of clarification telling people not to use the database for personal reasons.  Not that we should have to, because when we hired on, we all signed paperwork saying we wouldn’t do that.  I don’t know if she ever issued those letters, because 1: she can’t make a decision to save her life, and 2: she would have made someone else do her dirty work.

Care for another example?  I got lots!

This one concerns our public safety captain, Herb Horner.  When I was there, he was a lieutenant, but he got promoted to captain a few months before I left.  Why he needed a promotion is beyond me. He doesn’t do anything for that 90,000 salary he makes.  So she promotes him and they hug and cry and tell each other how much they love each other.  Really freaking bizarre, right?  Anyway, as I said, Herb really doesn’t do anything.  He schedules special events and stuff but in all honesty, one of the sergeants should be doing that.  Plus, Herb has an assistant that they call a manager I think, and he makes about 50 grand.  There is no way in hell they need two people, at those salaries, to do a job a monkey could do. 

So before I left, Herb tells everyone that he and the chief are flying up to Seattle for a big golf tournament.  Me, being the Italian New Yorker that I am, start questioning things.  Now he starts back-pedaling, telling me that he needs to go up there to learn how to handle major sporting events.  Say what?  He’s our public safety captain.  Been doing this for many years.  Already handled track and field events, football games, basketball games, etc..  You get the picture.  Well oddly enough, the chief backs out at the last minute. (a rare pang of guilt, maybe)?  Herb goes anyway.  Completely on the University’s dime.  And when he comes back a couple days later?  Boy, he couldn’t wait to show us all the photos he took of himself on the golf course playing golf and having fun!  It’s good to know that we had money in our budget for that. 

Oh, now we’re talking about budgets?  Well, I have an anecdote for that, too!

I had heard rumors that the office staff (finance person Leslie Fountain-Williams and office manager Deb Pack) would never tell anyone what our operating budget was.  So, one day I took it upon myself to go see if that was true.  I approached both of them and asked a simple question:  What’s our current years budget, and what portion of that is allotted for training?  I’ve never seen 2 people dance around an answer.  They said things like ‘we don’t know, we’re not sure, it’s hard to say because things change, etc…  I continued on, basically asking different versions of the same general question, and they simply wouldn’t give me an answer. 

Now, the annual budget on my last department was just over $500M.  And you better believe that anyone who had anything to do with the budget, or at least their bureau’s portion, could tell you to the penny what it was.  Why?  Because they were supposed to; it was public information; and we policed with honor, integrity and transparency.  Those 3 concepts ring hollow with the chief and her flunkies. 

They build their little kingdom, then they won’t let anyone see over the wall.  I think part of the reason is that they don’t want people seeing how they mis-manage the money.  For example, when I was finally able to track down the previous years budget, I found that the civilian office staff spent about $7,000 or so (the exact number escapes me right now) on training, while the sworn, commissioned officers received about $700.  Not apiece…  TOTAL.  For the entire year. 

Oh, and since I mentioned Deb Pack, allow me to share one (of many) of her unethical escapades….

Deb has (or thinks she has) way too much power at the UOPD.  Back around April or so, we posted a job opening for an assistant chief.  Deb hired a firm to the tune of $25,000.  No, that’s not a typo.  I said twenty five thousand dollars.  You know what we got for that money?  A guy came to the UOPD, asked a few questions, then wrote the job posting announcement.  Then he collected all of the applications (62 or 63, if memory serves), bundled them up, and sent them to Deb Pack.  I was beside myself.  I asked Deb who then was responsible for vetting and selecting the finalists.  She simply replied, “I am”. 

She used to work at a golf course.  How is it she is now qualified to vet and select finalists for a police job?  Oh that’s right, she’s not.  But she IS good friends with McDermed, so there’s that.  So the day before the finalist are supposed to start showing up on campus for their interviews and such, I again have to stick my nose where it doesn’t belong and ask her who the candidates are.  After getting mad and complaining to the chief that I’m disrespectful or something similar (because how dare I question her as to who our new ass. chief might be, right?) she posts the links to their names. 

One of the candidates was a current employee at a university in Illinois, I think, so I go to the website and find his name.  He has the title of Detective Commander Sergeant.  Take it from me:  there is absolutely no such title within a bona fide police department.  As it turns out, he simply made up the title and gave it to himself.  He was, in reality, just a sergeant.  Which means what?  It means that he did not meet the minimum qualifications for the position we were hiring for. 

So you know me.  I start speaking out about it.  How on earth can I be the only person to vet a finalist that we were footing the bill for to bring him to campus for a couple of days?  Needless to say, that search was a big failure, and they still can’t figure out how to hire someone for the position.  But that’s not the only time she screwed the pooch on hiring someone.  Take, for example, the last attempt she made at hiring a lateral officer.  They get a bunch of applicants that put in for it, and one of the first things they have to do is take the ORPAT, which is the Oregon Physical Ability Test.  You know, running, jumping, stretching, etc.  Pretty basic stuff. 

For those of you that don’t know, the times are set in stone.  You either pass or fail.  There is no middle ground.  Your time/score determines how you are ranked in the hiring process.  Well, one of the candidates that Deb wanted happened to fail his test.  That is, he could not complete it in the required time.  So what does Deb do?  She arbitrarily (and illegally, i might add) adds 10 seconds to everybody’s time so the guy she wants can proceed through testing.  He ended up flunking out at another stage of testing, but that’s not the point. 

It’s just wrong on so many levels.  And McDermed allows this type of behavior to go on.  Shame on her for that.  If she claims she doesn’t know, shame on her for that, too.  And the final straw in that hat?  Deb found a way to blame the officer in charge of the ORPAT for altering the scores.

I guess that’s it for now.  I have many, many more examples of the keystone cop antics of the UOPD.  We used to have some really talented people there, but they have either retired, are leaving, or are looking to leave, just as I did. 

So Sergeant Sorrentino – is there any chance we can persuade you to apply for the job replacing McDermed, which presumably will open up as soon as UO’s HLGR attorneys stop trying to void the jury verdict in the Bowl of Dicks case and Johnson Hall can admit she’s been a disaster?

 

1/28/2016: Why UOPD security officers aren’t allowed to carry binoculars

It’s about the sororities. More from Sergeant Sorrentino:

In October of 2015, a citizen contacted the department and filed a complaint against a civilian security officer.  The allegation?  That the officer, while in uniform and sitting in a  marked security vehicle, was using binoculars to stare at women through a sorority house window.  The administrative lieutenant fields the complaint and correctly assigns it to the employees supervisor, none other than Captain Herb Horner.  Now, Herb was a cop for about 2 years back in the early 70’s, in Hawaii.  Translation: he knows nothing about police work and most likely has never conducted an internal investigation. 

While some might think that checking out cute sorority girls while on duty and in plain view of everybody is a non-issue, I can assure you that it is serious, and if a regular citizen had done it, the UOPD would take a crime report and send it over to the Cleary and title IX people.  But what does our esteemed captain do?  You guessed it, folks….  NOTHING.  Although the the employee admitted doing it (apparently to learn how to use his binoculars) there was no investigation.  No discipline.  No reprimand.  Here’s how “Captain Horner” solved the problem:  he took away the binoculars away from all the security officers.  Wow!  Great solution! 

But, my stories always have a twist because, you know, I’m deep.  So, the patrol lieutenant heard about this, and he told the chief ‘hey, this is serious.  This is an IA (internal affairs) investigation’.  The chief agrees.  You’d think that would spur some action, right?  Ahhhh, but do you remember yesterday’s post?  She and Herb are good friends.  So nothing gets done.  The employee is still working, sans discipline.  Horner suffers no consequences for his failure to supervise, failure to investigate, etc…   Un-freakin-believable.

1/29/2016: 

From what I’ve heard former UOPD Sergeant Frank Sorrentino, who has been reporting accusations of fraud, waste, abuse, and potentially illegal behavior at the UOPD, was a pretty popular guy on campus, and among many UOPD officers – as distinct from Chief McDermed and her crew.

But given the history of the UOPD leadership, it’s not a surprise that their first response is to attack the messenger and try and paint Sorrentino as a disgruntled troublemaker. Sorrentino’s friends have passed on the details on Herb Horner’s counterattack on him, at yesterday’s UOPD afternoon staff briefing. Sorrentino’s special crime? Apparently he was a little too blunt with the athletic department employee in charge of Hayward Field, when she caught him at a track meet talking to people and doing community policing. In uniform. Yep, we can’t have cops walking around talking to people without the athletic department’s permission.

I’m hoping that this petty retaliation ends, and that JH’s new leadership starts a thorough audit of the UOPD’s spending and of Sorrentino’s other accusations. Meanwhile, it’s good to know that Sorrentino has someone on the inside, protecting his back.

UC-Merced’s Chou Her declines job as UOPD Chief in waiting

1/19/2016: Noah McGraw has the bad news in the Emerald here.

The only candidate for the Assistant Chief of the University of Oregon Police Department withdrew his application last week. Chou Her, who previously said he had been offered the position at the UOPD, cited personal conflicts as the main reason for withdrawing his candidacy.

… The assistant chief is the second in command of the department. UOPD requires applicants to have a bachelor’s degree in a field related to law enforcement, five years of sworn officer experience and three years of management experience. Increased applicant requirements come as the university looks to finalize its transition from the Department of Public Safety to a full police force. That transition began in 2012, as McDermed was promoted to chief. McDermed was the last person to hold the assistant chief position. She hopes to find a candidate who will be “motivated to move the department forward in our current transition.”

This leaves UO with a Police Chief with very damaged credibility and no obvious replacement. Schill and Coltrane have moved UOPD reporting from Jamie Moffitt to Andre LeDuc, and perhaps he will have more luck restarting the search after McDermed’s role is clarified. In the past UO has been very generous about keeping former public safety directors on the payroll after easing them out.

12/19/2015: UC-Merced’s Chou Her takes job as UOPD Chief in waiting, challenges Nicols and Stahl to bike race.

Noah McGraw has the good news in the Emerald here. Chief Her sounds like an excellent hire:

“I’m a big firm believer in community policing,” Her said. “If you’re just there simply providing a service and interacting with people, that’s not community policing. Community policing is truly getting down to the nuts and bolts of interacting with people and being part of the town. From what I’ve seen of what UO is, there’s a lot of opportunities to do those things.”

The clean up effort is underway, with reporting for the UOPD Chief already moved from VPFA Jamie Moffitt to Andre LeDuc. UO will presumably terminate current Police Chief Carolyn McDermed’s contract as soon as the Bowl of Dicks case is over, and promote Assistant Chief Her to Chief. It really wouldn’t look good to do this right before a jury trial.

10/28/2015: Chief McDermed’s potential replacement on campus Wednesday

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U of Cincinnati to pay $4.85M for alleged murder by armed campus cop

1/19/2016: The NY Times has the report here:

The University of Cincinnati has agreed to pay $4.85 million to the family of an unarmed black man who was shot to death in July by one of its police officers, a settlement that also requires the college to provide an undergraduate education to his 12 children, create a memorial to him on campus and include his family in discussions on police reform.

… Mr. DuBose, 43, was shot and killed on July 19 by Officer Ray Tensing, who pulled him over in a Cincinnati neighborhood adjacent to the campus because his car lacked a front license plate. The shooting was captured on a body camera, and Officer Tensing, who was fired from the department, faces trial on a charge of murder.

Here at UO, there’s still no formal announcement of when UOPD Chief McDermed will be replaced by new Assistant Chief of Police Chou Her. Presumably UO is delaying the announcement so as not to damage its efforts to convince the judge in the Bowl of Dicks trial to cancel the jury’s $755K award to former UOPD officer James Cleavenger. That hearing is Feb 12th.

The federal jury agreed that McDermed and other UOPD officers had violated the First Amendment by retaliating against Cleavenger for his opposition to arming the UOPD with Tazers. On which note the NYT adds:

Mr. DuBose is not the first black man to die as a result of an encounter with the University of Cincinnati police, and he will not be the first to have a memorial on campus. Kelly Brinson, 45, a psychiatric patient, and Everette Howard, 18, a student, died in 2010 and 2011 after campus officers fired stun guns at them, according to lawsuits filed by their families.

Of course campus police can be victims of shootings as well as perpetrators. It’s not clear if armed police are safer, even for themselves. One particularly sad story comes from the University of Central Florida, where a university cop was shot and killed by another officer, who was trying to control drinking at football game tailgate parties.

The green-shirted man with the gun is an undercover UCF police officer, pointing his pistol at a drunk UCF student. The student apparently grabbed the gun, it went off, and a uniformed police officer who hadn’t been told of the operation then shot and killed the undercover officer.

What happened to Richard Turkiewicz, the UCF police chief who set up this botched operation? Frances Dyke, former UO VPFA, hired him as UO’s interim Director of Public Safety. No kidding. Dyke then went on to persuade the Oregon legislature to allow UO to set up its own armed police force.

What sort of oversight does UO have for its police?

7/29/2015: Prosecutor and Trustee says university police force should be disbanded

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Long overdue VPFA office shakeup over AAEO, UOPD, etc

Another positive move by President Schill to address longstanding problems in Johnson Hall. Announcement here:

Organizational Changes in Finance and Administration
December 10, 2015

Dear Colleagues–

I am very pleased to announce a number of changes within the Finance and Administration (VPFA) portfolio, all of which are aimed at improving service to our campus constituents and increasing opportunities for strategic planning and synergy. These changes are effective Monday, December 14. View the new VPFA organizational chart. Here are the highlights:

André Le Duc has been promoted to Chief Resilience Officer and Associate Vice President (AVP). The UO Police Department has been added to his portfolio, rounding out the safety and risk services area, which continues to include the areas of Emergency Management and Continuity, Fire Prevention, Risk Management, and Environmental Health and Safety.

André will also head up a new administrative services area, composed of Purchasing and Contracting Services, Printing and Mailing Services, and the Campus Geographic Information Systems (GIS) unit.
Nancy Resnick, the University’s Chief Human Resources Officer, will have responsibility for an expanded portfolio. Going forward in addition to the Human Resources department, her portfolio will include the Office of Affirmative Action and Equal Opportunity, as well as the Retirement Plans Management unit, which administers the five retirement plans used by all former OUS institutions.

As was announced in September, a search is underway for our new AVP for Campus Planning and Facilities Management to oversee the units currently comprising Campus Operations, Campus Planning, Design and Construction, and the Office of Sustainability. We look forward to visits in early January from our top candidates. Note that until the new AVP is in place, these units’ organizational structures will remain as-is.

Kassy Fisher will now serve permanently as Chief of Staff, a role she took on temporarily in July.
I will continue to directly oversee and work closely with our financial team, Kelly Wolf, University Controller and AVP of Business Affairs, and the directors of Budget and Resource Planning and Institutional Research.

I am excited about what I believe is a leadership structure that fosters integration and builds upon the strengths of our team.

Jamie

Jamie Moffitt
Vice President for Finance and Administration/CFO

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Moffitt still stalling on Police oversight, UO wants $1600 for docs

11/28/2015: It’s been several years since UO promised to establish some sort of police oversight committee. John Ahlen and Juan Carlos Valle had an excellent Op-Ed in the RG in June, here:

Mistake No. 1: A healthy police oversight system contains two components missing from the UOPD model — a civilian review that has some teeth to it, and a professional independent auditing body. We’ve seen that a body of community members is being recommended to review certain allegations at the UO, but this is inadequate. They are advisory only and have no authority.

Our understanding is that only one person outside the UOPD, an administrative vice president, a position not expected to have experience administering a police department, has the authority to make changes or require additional investigation.

Mistake No. 2: Certainly it is not a good sign that there have already been UOPD misconduct cases under their watch that have already been overturned. Seeing the UOPD’s response to the “bowl of expletives” controversy — in which officers maintained a supposedly humorous list of enemies — didn’t give us much faith that they would be able to police themselves, as the underlying message seemed to be that boys will be boys. A professional, independent auditor is the way to make sure that allegations of misconduct are properly investigated.

Having an effective oversight system is not difficult at all for the city of Eugene, so why is it so challenging for UOPD?

Mistake No. 3: Of greatest concern is the question of why this wasn’t all sorted out before the department bought guns and was granted the authority to use them. The rush to become a police department before analyzing the new use of force policies in place (which were literally cut and pasted from a California policy company handbook) creates liability for the UO.

VPFA Jamie Moffitt has been promising to set up a review committee for years. Noah Mcgraw has the scoop on the latest delays in the Emerald, here. Some people think this committee’s workings should be transparent:

Helena Schlegel, ASUO President, disapproves of the CRC’s format. Schlegel is asking the university to “make their review panel representative of the community and its meetings and decisions transparent to the public.”

“The ASUO currently has no say in either UOPD policy or its internal reviews. We welcome the opportunity to participate meaningfully in police oversight and transparency issues on and off campus,” Schlegel said.

But UO’s Public Records Office thinks it’s not in the public’s interest to know, unless you’ve got $1600:

On WednesdayAug 5, 2015, at 4:28 PM, Thornton, Lisa <pubrec@uoregon.edu> wrote:

08/05/2015

Dear Mr. Harbaugh: 

The University of Oregon has received your public records request for “copies of any ‘minutes, agendas, reports, and correspondence’ involving ‘boards and councils that function in an advisory capacity, standing and ad hoc committees and councils’ that primarily involve the UOPD. This request covers the period from 1/1/2011 to the present” on 06/24/2015, attached. The office has at least some documents responsive to your request.  By this email, the office is providing you with an estimate to respond to your requests.

The office estimates the actual cost of responding to your request to be $1,660.68. Upon receipt of a check made payable to the University of Oregon for that amount, the office will proceed to locate, copy, and provide the records you have requested that are not exempt from disclosure.  Your check may be sent to the attention of Office of Public Records, 6207 University of Oregon, Eugene, OR 97403-6207.

10/22/2015: UO Campus Cops Lack Oversight

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Beavers to pay 1/3 of Duck’s Bowl of Dicks bills and damages

Reporter Noah McGraw has the scoop in the Daily Emerald here on the cost so far. Excellent reporting, read it all there, here’s a snippet:

… UO also has its own attorney fees. UO was represented by Eugene firm Harrang, Long, Gary and Rudnick. The total of all their approved fees is $394,925.70, according to the Office of the General Counsel. The university’s insurance policy has so far paid $281,867 to Harrang, Long, Gary and Rudnick.

UO has an insurance policy that will pay all $1.6 million. The Public Universities Risk Management and Insurance Trust, PURMIT, covers the seven public universities in Oregon.

“The University of Oregon has comprehensive insurance for situations involving University employees, officers and volunteers as well as the buildings, vehicles and other assets,” Julie Brown, the Campus Relations Director of Enterprise Risk Management, said. “The insurance program covers everything from earthquake damage to art collections.”

The PURMIT website, here, is not exactly a model of transparency regarding the expenditure of millions in public funds. Some minutes are posted, but apparently not all. No meeting materials are available. Budgets? Audits? Spending? Nope. They do have a list of who is responsible though:

Chair Eric Yahnke (WOU); Patrick Hughes (OSU); George Marlton (OIT); Brian Roy (PSU); Vice Chair Lara Moore (EOU); Craig Morris (SOU); Jamie Moffitt (UO)

From what I can figure out PURMIT is a risk-sharing pool for Oregon’s seven public universities, with outside reinsurance for losses beyond some threshold.

Which means that it is very likely that the costs of this case, and the Jane Doe lawsuit, and the James Fox settlement, etc., etc., are not being “paid by the insurance company” but instead are being spread out among UO, OSU, PSU, WOU, SOU, EOU, and OIT. Assuming the sharing is in proportion to budgets, this means UO is paying about 1/3 and the Beavers are covering about 1/3.

And this one’s not over yet. HLGR lawyer Andrea Coit has just filed a request with the Honorable Judge David O. Carter, asking him to set aside the jury’s decision:

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I’m no lawyer, but I’m thinking this is so not going to happen.

The US DOJ spent who knows how much money to bring in an out-of-state judge and run this trial. Not to mention the valuable time of 8 Jurors, for almost 2 weeks. From what I can tell Judge Carter was on top of things every step of the way. Coit agreed to the jury instructions. But she hears the jury’s verdict and *then* wants a do-over? That’s got to be a high bar.

I guess it’s worth a shot when you bill by the hour though. Her full request is here, attachments here, and more on the jury instructions etc. in the (free but incomplete) docket here.

Suck it up, Beavers.

Is Doug Park alive? Who is Randy Geller? Jamie Moffitt? Did McDermed go rogue?

10/9/2015: Just some of the questions raised by the Bowl of Dicks trial transcripts.

I’ve never looked at trial transcripts before, but if reading the good work of the Honorable Judge David O. Carter presiding doesn’t restore a little faith in the American judicial system and give you a few laughs along the way then you are a worse cynic than I am.

How did Johnson Hall let the incompetence, harassment, retaliation, and backstabbing revealed in these transcripts go on for years? These people call themselves leaders? How many careers have been ruined on their watch?

Here are the trial transcripts. The docket, here, lists who is testifying on which day.

FINAL-MINI-9-9-15-Carter-CV-1-Trial

FINAL-MINI-9-10-15-Carter-CV-Trial Day 3

FINAL-MINI-9-11-15-Carter-CV-Trial Day 4

FINAL-MINI-9-14-15-Carter-CV-Trial Day 5

FINAL-MINI-9-15-15-Carter-CV-Trial Day 6

FINAL-MINI-9-16-15-Carter-CV-Trial Day 7

FINAL-MINI-9-21-15-Carter-CV-Trial Day 8

FINAL-MINI-9-22-15-Carter-CV-Trial Day 9

FINAL-MINI-9-23-15-Carter-CV-Trial Day 10

FINAL-MINI-9-24-15-Carter-CV-Day 11-1

FINAL-MINI-9-25-15-Carter-CV-Trial Day 12-Verdict

And some excerpts:

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UO General Counsel Randy Geller was fired resigned to spend more time with his family during the midst of the basketball rape allegation cover-up. He now works at HLGR with Andrea Coit. Not hard to imagine why she wouldn’t want the jury to know that.

And was UOPD Chief Carolyn McDermed’s retaliation against former officer James Cleavenger done against the advice and without the knowledge of former UO GC Randy Geller and former interim UO GC Doug Park? Or did the retaliation occur on their advice? With their knowledge? Did they give the full facts to Lane County DA Alex Gardner when he was considering Brady Listing James Cleavenger?

The court wants to know, but as it happens Andrea Coit, the HLGR lawyer, has redacted a key document. Funny how often that happens here at UO, but Judge Carter is not amused:

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Alive but conveniently not in court, lest Judge Carter haul his ass onto the witness stand and swear him in.

So did Randy Geller and Doug Park know what Chief McDermed was up to with the retaliatory Brady listing? I’ll be damned if I can figure that out from these transcripts. Comments welcome.

9/29/2015: Kafoury and McDougal accuse Doug Park and HLGR of participating in UOPD retaliation against Cleavenger

I don’t know if this would be a violation of the Bar’s ethics rules. From the website of the Kafoury and McDougal law firm that won the Cleavenger case:

Today, a federal jury in Portland awarded $755,000 to James Cleavenger, a former public safety officer at the University of Oregon who claimed retaliation and loss of his law enforcement career at the hands of the University of Oregon Chief of Police and two commanders. The jury found that defendants Chief Carolyn McDermed, Lt. Brandon Lebrecht, and former Sgt. Scott Cameron violated Mr. Cleavenger’s First Amendment free speech rights for speaking out on police policy and matters of public concern, of which his superiors disapproved.

As a University of Oregon law student in 2008, Cleavenger spoke out against arming the University of Oregon officers with tasers without proper training and a use of force policy with input from the campus community. Evidence at the trial showed that defendants resented his comments at the time, were baffled that he was later hired by the department, and the jury found that because of his taser speech this lead to papering his file and terminating him. The jury also found Cleavenger was secretly placed on the Lane County District Attorney’s “Brady List,” a process which blacklists officers found to be “dishonest,” effectively ending an officer’s law enforcement career.

Attorneys including Doug Park, University of Oregon’s Acting General Counsel, participated in the decision to “Brady List” Mr. Cleavenger. The University of Oregon was represented by Andrea Coit of Harrang Long Gary Rudnick P.C. in Eugene, who participated in the efforts to have Cleavenger “Brady Listed.” The decision to “Brady List” Cleavenger came immediately upon the heels of the decision by a neutral arbitrator that Cleavenger’s firing was improper and that he was entitled to reinstatement. The arbitrator further rejected all of the department’s accusations of dishonesty by Cleavenger. Despite the Arbitrator’s decision, UOPD tried to renew these claims of dishonesty by Cleavenger without providing the DA the Arbitrator’s actual decision, in a deliberate attempt to try to block Cleavenger’s reinstatement and in retaliation for Cleavenger filing his lawsuit.

9/25/2015: It’s not about the Bowl of Dicks: Jury awards Cleavenger $650K+$105K punitive damages

It’s about the UOPD’s retaliation against him for exercising his 1st Amendment rights. He’d only asked for $400K.

Testimony showed UO’s Interim GC Doug Park was also involved in Cleavenger’s firing and knew about the UOPD’s retaliation efforts though he was not a defendant. Cleavenger has another case against UO pending in state court. The Oregonian’s Betsy Hammond elaborates on the involvement of Park and others, in the comments on her story on the verdict:

There was extensive testimony and documentary evidence about the role that Linda King, Brian Smith, Doug Park and others played in giving the officer written notice spelling out why he was going to be fired, in holding meetings and hearing on his discipline, in putting written materials into his file, etc. Chief McDermed testified she ran the Brady listing plans past Doug Park.

No info yet on how much Andrea Coit and Jonathan Hood will earn from losing this case, but HLGR typically charges ~$300 an hour. That’s a lot for lawyers who manage to lose a case so badly the jury awards more than the plaintiff asked for.

While UO claimed that insurance would pay for the lawyers and damages, that does not appear to be true – we’re in the PURMIT risk pool with the other state universities.

The report from Betsy Hammond is in the Oregonian here. A snippet:

“This is a victory for every honest police officer,” said Jason Kafoury, Cleavenger’s lead lawyer. “The jury today honored and enforced an officer’s right to speak freely on matters of public concern, regardless of whether their superiors approve.”

University of Oregon spokesman Tobin Klinger said Friday morning he needed additional time to provide the university’s perspective on the legal defeat.

Actually, Duck Advocate Tobin Klinger’s perspective on this First Amendment case is already on the record, in a letter to the editor he sent to the RG shortly after getting hired by UO for $115K to manage relations with the press and reading Diane Dietz’s July 11th 2014 story on the Bowl:

Story aimed for shock value

I’m a recent transplant to Eugene, having spent a majority of my adult and professional life working with media in northwest Ohio.

Like many, I idealized life in the Pacific Northwest. Eugene and its people have lived up to my vision. Eugene is access to independent film, unique foods, outdoor activities, cultural happenings and community pride.

I don’t know that this shines through on the pages of The Register-Guard, particularly with the sophomoric “reporting” of Diane Dietz.

I admit to having a bias. Dietz covers my employer, the University of Oregon. In my role as head of UO public affairs communications, it is my job to defend the integrity and the reputation of the university. I advocate for faculty, staff, students, administration and athletics. I advocate for the Ducks.

Earning positive attention is a challenge with a reporter who is more interested in pandering to the lowest common denominator than demonstrating the value of higher education. Where else would you see the phrase “bowl of —–” five times in a single news article (Register-Guard, July 11)? This obvious play for shock value diverted attention away from the fact that the reporter waited 26 paragraphs before sharing important details from the university.

Moreover, this same newspaper in February dedicated significant space to a major Sunday story that used a blatant stereotype of Chinese students as its primary theme.

Even though I’m new here, I’m certain this community deserves better.

Tobin Klinger, Senior director Public Affairs Communications, University of Oregon, Eugene

So it’s not exactly a mystery why UO’s relationship with the press has gone from bad to worse under Klinger. The First Amendment is our lowest common denominator? Continuing with Hammond’s report:

The jurors found McDermed violated Cleavenger’s First Amendment rights when she fired him in 2012, then again in 2014 when she and Lebrecht created a huge, potentially career-ending dossier designed to prove Cleavenger was too untruthful to testify in court.

Jurors ironically decided that it was McDermed who most likely lied under oath when she testified that she ordered creation of that dossier because she was worried Clevenger was a danger to himself and other officers, not because he complained to her superiors and filed a lawsuit that made her and her department a national laughingstock.

And then:

The UO’s top lawyers and human resources officials were intimately involved in the decision to fire Cleavenger, and McDermed testified Douglas Park, then UO’s No. 2 in-house lawyer, knew she was going to try to get Cleavenger on the Brady list. Since then, Park was promoted on an interim basis to UO’s top interim lawyer, but he is slated to return to the No. 2 job when a permanent successor takes over in about a week.

Kafoury said, “It’s a disgrace that the attorneys for the university were in on the decision to Brady list and ruin Clevenger’s career” while defending UO against a lawsuit alleging retribution for whistleblowing.

And then:

Cleavenger also brought to light the department’s petty, vindictive management style and the lack of professional training and record-keeping. Although he had been UO’s most productive safety officer, McDermed eventually ordered Cleavenger, via an intermediary, not to report any crimes except felonies – an order that appears to violate a high-profile federal campus safety law.

The verdict is in:

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9/24/2015: Harrang lawyers claim Bowl of Dicks not “a matter of public concern”, judge disagrees

The Honorable David O. Carter must have an art history degree. He rejected HLGR’s last minute plea, apparently without snickering, and the jury is now deliberating. Docket here.

9/23/2015: HLGR lawyers claim Bowl of Dicks not “a matter of public concern”

That’s what they want the judge to tell the jurors when they get the case in the next day or two. The complaint from UO’s HLGR lawyers about the judge’s proposed jury instructions is below.

Given the large public response to the press coverage of this case – Tobin Klinger chimed in too – this argument ignores the foundation of modern economics, Paul Samuelson’s Weak Axiom of Revealed Preference. It also contradicts the “De gustibus non est disputandum” work of two other Nobel Prize winners, George Stigler and Gary Becker.

So maybe HLGR’s lawyers majored in literature, not economics? It’s news to me, but wikipedia says that the modern meaning of the phrase comes from Fyodor Dostoyevsky. OK, so not every lit major makes it through The Brothers Karamazov.

Or maybe they were Art History majors? Apparently not. One of the most celebrated works of famed Renaissance artist Francisco Urbini is, yes, a Bowl of Dicks. The BBC – how’s that for classy – has the report here.

Sorry, but the public is plenty interested in the bowl, dicks, and the First Amendment and retaliation issues the combination has raised, as Diane Dietz explains very well in the RG, here.

The BBC:

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Yes, I bet it was. Probably a lawyer. The great thing about great art is its timeless relevance to our daily lives.

Here’s HLGR’s plea to the judge for a change in the jury instructions:

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UOPD and campus community policing

Diane Dietz has an article in the RG here, with a link to a very interesting Atlantic piece here.

Presumably Jamie Moffitt will be starting the searches to replace UO Chief Carolyn McDermed and other top officers soon, unless President Schill simply dissolves the UOPD and goes back to the more sensible and much cheaper public safety model, with police services contracted from the Eugene PD. After a rocky start 5-10 years ago, the EPD now seems to be doing quite well with its campus area party patrols, for example.

Budget busting UO Police called in to protect secret football practice

Former UO VPFA Frances Dyke told the faculty – and State Senator Floyd Prozanski and the state legislature – that a sworn and armed UO Police Department would probably save money, compared to contracting with the Eugene PD. She lied. Actually it’s roughly doubled their budget, to $5.6M last year.

But hey, they’re doing a great job keeping Duck football practice secret, according to this Bleacher Report story. No word yet if it was Tom Hart, the Duck’s Director of Football Security – and noted sexual assault prevention expert – who called in the complaint:

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I’m not sure if the $2.7M increase over 5 years shown below includes the $500K plus that new VPFA Jamie Moffitt’s Budget Advisory Group – an attempt to bypass the Senate Budget Committee – gave the UOPD last year.

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John Ahlen and Juan Carlos Valle call for UOPD review system

Their RG Op-Ed is here:

The brand-new University of Oregon Police Department can expect high-profile incidents in which the campus police will use force — it is part of the job, and it is only a matter of time. The UOPD doesn’t have an oversight system that meets the standards already voted on by the community.

All too true. The conversion from a UO Public Safety Department to a sworn and armed UO Police Department has been botched in every way possible.

HECC approves UO Board’s pet Sports Product Degree

3/13/2015 update: And boy is PSU pissed. Allan Brettman has the report in the Oregonian, here:

The state Higher Education Coordinating Commission on Thursday approved UO’s application to start a Master of Science in Sports Product Management. The program, long sought by the region’s sports products companies, will enroll students this fall.

But before the commission’s 6-2 vote in Salem, PSU President Wim Wiewel delivered a fusillade of criticism at the program. He accused UO of failing to collaborate with PSU on the curriculum and made clear his dissatisfaction with any other state higher education institution infringing on PSU’s turf.

“You are deciding if you are going to allow our public universities to engage in a free-for-all for the Portland geographic area,” Wiewel told commissioners in prepared remarks before the vote.

UO officials, for their part, were delighted with the board’s vote. They noted that the program has been under formation for about two years, has widespread support from companies such as Nike, Columbia Sportswear and Keen, and is expected to enhance the region’s existing reputation as the epicenter for athletic footwear, sportswear and outdoor products.

“This program creates an educational pathway to help the state retain its advantage in this important area,” Frances Bronet, acting UO senior vice president and provost, said in prepared remarks. …

Off course it’s already a money pit, despite promises donors would pay for it. And it’s sucking up time that UO’s administrators could have spent supporting research that might help keep us in the AAU. And it’s cost UO maybe $500K in Jim Bean. That said, it’s a natural for UO.

7/5/2015: UO’s big new strategic initiatives: sports and police

The announcement is here: http://provost.uoregon.edu/content/fy15-strategic-initiatives. It’s not all bad, but of course Jim Bean’s sports product design proposal gets a bundle:

New Tenure Related Faculty Position: Sports Product Management

AAA and LCB jointly submit a strategic initiative in Sports Products that seeks to educate product designers and design process managers for the state’s largest, homegrown, alpha-cluster of companies, and to conduct research critical to their continued success. This collaboration addresses an academic opportunity, to launch a program which enables two critical components that Oregon owns: one is that of connecting design and hands-on learning with strategic management practices; two propels a model of embodied learning, where action art/athletics/physical health/sports are a rich part of an intellectual and learning continuum.

School of Architecture and Allied Arts/ Lundquist College of Business

$140K recurring , $450K start up

There’s also $500K plus $130K recurring for the UOPD’s new information system. Remember when Frances Dyke told Floyd Prozanski and the State Legislature that an independent UOPD was going to cost maybe $66K? She lied. Their budget has increased from $2 to $5 million, even before this:

Computer-Aided Dispatch/Record Management System (CAD/RMS)

The Communication and Emergency Response Center (CERC) serves the UO community by providing dispatch and emergency communication services for UOPD, Parking and Transportation, Environmental Health and Safety, Student Affairs and Campus Operations, serving a population of approximately 30,000. UOPD maintains its own communications and records units, and works closely with the City of Eugene Police Department (EPD). The current CAD system was installed in 1997 and no longer interfaces with the City of Eugene PD system. UOPD must implement a modern Computer Aided Dispatch (CAD)/Record Management System (RMS) that will serve the current and future needs of both the UOPD and other campus partners, with end-to-end encrypted VPN (virtual private network) connection to City of Eugene servers and CJI (criminal justice information) systems.

$130K recurring, up to $500K one time

Things our administration has money for: Sports Products and Cops

2/24/2015: Coltrane tops off the bloated UOPD budget – up $1M in a few years – with a new Assistant Chief to help out UOPD Chief Carolyn McDermed. She gets $139K a year – same as the chief of Eugene’s far larger EPD. The Chief of the Oregon State Police gets $149K. Job ad here, more bloat below.

12/1/2014: From Gottfredson’s “Strategic Initiatives” project last summer. These are two of the projects that were approved, the funds are mostly out of student tuition money and CAS cutbacks. More than $1M. No sign that Coltrane has revisited these priorities:

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