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UO Matters

Daniel Libit posts podcast with UOM, despite GC Kevin Reed threat

Daniel Libit has won many public records lawsuits against the athletic department at the University of New Mexico, his alma mater, trying to bring some light to their various athletics scandals. He’s recently gone national at “The Intercollegiate”, and asked me to do a podcast about my muckraking experiences with Duck athletics. I’d never even listened to a podcast so of course I said yes, and this is the result:

During the recording of this Daniel asked me about the time – reported in the Chronicle of Higher Education – when UO GC Kevin Reed made this public records request:

From: Kevin Reed <[email protected]>
Subject: Re: Public Records – Request for Documents 2017-PRR-172
Date: February 3, 2017 at 3:04:14 PM PST
To: William Harbaugh <[email protected]>
Cc: Public Record Requests <[email protected]>

Senate President Harbaugh:

In answer to your questions:

1) I seek all communications concerning or mentioning the STC you made in your capacity as an officer of the University Senate (Vice President, President or member or Chair of the STC), regardless of which media or device you sued for your communication.
2) No. I do not believe FIRE or SPLC qualify as “media.” If it helps in narrowing the search, please feel free to limit my request to communications with reporters, editors or other personnel associated with the Register Guard, the Oregonian, the Daily Emerald, The Chronicle of Higher Education or Inside Higher Ed.

But, given that you have shared that you correspond with FIRE, I will make the additional request under the Oregon Public Records Law:

Please share any communications you have had with persons associated with the Foundation for Individual Rights in Education in the past 12 months, made in your capacity as an officer of the University Senate or member of any of its committees, which communications relate to or concern freedom of speech or academic freedom at the University of Oregon.

Kevin S. Reed | Vice President and General Counsel
Office of the General Counsel
219 Johnson Hall | Eugene, OR 97403-1226
(541) 346-3082 | [email protected]

(Yes, of course I sent him the records, at no charge, and then I sent his emails to the reporters. They laughed and then reported on it, as reporters will do.)

I told Daniel that I thought Kevin’s records request – which he clearly made as UO General Counsel, twice – was “illegal”. I’m no lawyer, but that seems like a reasonable conclusion given that the first page of the free online Oregon Attorney General’s Public Records and Meetings Manual says:

I. PUBLIC RECORDS A. WHO HAS THE RIGHT TO INSPECT PUBLIC RECORDS?

Under Oregon’s Public Records Law, “every person” has a right to inspect any nonexempt public record of a public body in Oregon. This right extends to any natural person, any corporation, partnership, firm or association, and any member or committee of the Legislative Assembly. However, a public body may not use the Public Records Law to obtain public records from another public body. Similarly, a public official, other than a legislator, acting within an official capacity may not rely on the Public Records Law to obtain records, although the individual could do so in an individual capacity. This does not prevent a public body from sharing records with other public bodies; it merely prevents a public body from using Public Records Law as a mechanism to obtain the desired records. [emphasis added] …

Sensibly, Daniel reached out to General Counsel Kevin Reed for his thoughts on this before including my comment in his podcast. Reed strenuously objected to my opinion of his public records request:

On Jan 13, 2020, at 4:59 PM, Kevin Reed <[email protected]> wrote:

Daniel:

I say that the use of the word “illegal” is an absurd stretch, not that the AG’s position (which I took 10 years ago) is absurd.  Please don’t misquote me.

And saying that a lawyer has broken the law is not subject to “interpretation.”  If your publication has counsel, I suggest you check with them.  If you choose to defame me in your publication, you do so at your own peril.

Kevin S. Reed | Vice President and General Counsel

Office of the General Counsel

219 Johnson Hall | Eugene, OR 97403-1226

(541) 346-3082 | [email protected]

generalcounsel.uoregon.edu

“Your own peril”. Yikes.

So, I want to thank Daniel for deciding to redact my comments on Kevin’s public records  request from the podcast, and saving me the trouble of having to deal with still more peril from UO’s General Counsel.

Full email exchanges between Reed and Libit below the break. Poorly formatted, sorry.

UO Admins to run amok as RG reporter Christian Hill leaves for 4J job

Today is my final day working @registerguard. I’m thrilled to be joining the communications staff @4Jschools. It’ll be an adjustment after working as a newspaper reporter for 21 years, but I’m excited both for the opportunity and as a new way to serve our community. — Christian Hill (@RGchill) January…

Are enrollment plans realistic, or just admins padding their resumes with student money?

Ryan Nguyen has a good report in the Daily Emerald, here: But the plan to build new residence halls does not entirely square with the findings of a residence hall feasibility study from September 2011. The report, meant to inform UO’s future housing projects, states that the university should “not demolish its…

Bargaining live blog MMXX-I: Parking, Duck bonuses, Raises

Recap: With the latest data showing average US wages increasing at 3% a year, and Oregon  having moved into the top half of the US income distribution by state, the union’s proposal for 3% COLA/ATB raises is a baseline. The proposed 5% for Excellence raises, and 2% for internal equity over the 3-year contract fit with the administration’s stated priorities. Cecil calls this the 3-9-4 plan.

The administration’s lead negotiator Missy Matella was receptive to the union’s proposal to tax the athletic department and use the money for student scholarships, seemingly agreeing that the university could not continue allowing AD Mullens to use the Duck money bucket as his safe space.

The union’s new TRP buyout plan also got a warm reception from the admin side. On the other hand, they seemed a bit skeptical of the proposal to tie faculty salary floors to a percentage of top admin salaries (15% or so).

See below for the parking and childcare proposals.

Expect lots of questions from the administration at the next round, same time and place next Thursday.

12PM, EMU Crater Lake Room. Usual disclaimer: My opinion and interpretation of what the bargainers are saying, thinking, or should be saying or thinking. Nothing is a quote unless in quotes. In the interests of transparency the union has posted the articles they will be presenting to the administration here: http://uauoregon.org/bargaining1920/ and more info is here. UAUO is also live-blogging here (Go down to the live blogging post, it’s in the comments.)