There’s lots of good reporting about the investigative report on the UH concert debacle, and there are now links to the report to be found on most news sites.
There are two underlying issues which I would like to note–accountability (of which there is little) and secrecy (of which there is far too much).
First, in terms of accountability, how in the world was this affair handled so badly from an administrative, legal, and public relations standpoint, given the amount of money spent on well-paid talent?
For example, according to the university’s “Annual Report on Salary” filed with the legislature last year, the UH system’s in-house legal office was staffed with at least the following:
Vice President for Legal Affairs & University General Counsel
Salary: $218,784Associate Vice President for Legal Affairs
Salary: $141,528Director of Risk Management
Salary: $108,120Four people with the title, Associate General Counsel
Salaries: $105,288 – $106,968 – $114,360 – $115,344
Then you’ve got the folks paid for public relations/communications, again at the system level rather than the Manoa campus level, since that’s where decisions in this whole affair were being made:
Vice President for Student Affairs and University-Community Relations
Salary: $209,256Associate Vice President
Salary: $130,848Program Staff
$79,824
With all this talent there to aid top university executives, why did the result of their collective decisions appear to have been made by total amateurs, and clumsy amateurs at that? It’s a question that’s hard to shake.
Then we get to the second issue, the unfortunate and likely illegal penchant for secrecy prevailing in the University of Hawaii system.
From today’s Star-Advertiser story by Ferd Lewis (“UH?flubbed concert planning from start“):
The Cades Schutte report, for which UH has refused to say how much it will pay, outlines several points where red flags should have prompted reviews or further questions.
This despite a clear legal requirement that such documents must be publicly disclosed on request.
§92F-12 Disclosure required. (a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:…
(3) Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;…
(10) Regarding contract hires and consultants employed by agencies:
(A) The contract itself, the amount of compensation,
(B) The duration of the contract, and
(C) The objectives of the contract,
That’s pretty clear legal language, but UH seems to be used to flying outside the law on such matters.
And yesterday’s story by the same reporter included a sidebar listing specific documents that have been requested and have not been provided by the university:
UNFULFILLED REQUESTS FOR INFORMATION
The University of Hawaii released a redacted report on the Stevie Wonder concert investigation. The Honolulu Star-Advertiser had made numerous requests for that report and other documents since July 10, when it was announced the concert was a scam. The following is a list of requests for which no materials have been released and the dates they were requested:
1. Copies of any contracts between UH and promoters and or producers of the Stevie Wonder concert. (July 10)
2. Copies of any agreements between UH and merchandisers for the Stevie Wonder concert. (July 10)
3. Copy of the wire transfer sent via Bank of America in Orlando, Fla., to an account regarding the Stevie Wonder concert. (July 11)
4. Any internal authorization necessary to facilitate the transfer. (July 11)
5. Copies of all emails, letters or other correspondence between Creative Artists Agency (and its representatives) and UH regarding the Stevie Wonder concert. (July 11)
6. Copies of all emails, letters or other correspondence between UH and BPE Productions (and its representatives) regarding the Stevie Wonder concert. (July 11)
7. Copies of all emails, letters or other correspondence between Board of Regents Chairman Eric Martinson, UH President M.R.C. Greenwood, Manoa Chancellor Tom Apple and athletic director Jim Donovan regarding Creative Artists Agency, BPE Productions and the Stevie Wonder concert. (July 11)
8. UH contract with Cades Schutte for investigation of Stevie Wonder concert. (July 18)
9. Summary of all charges and amounts paid to Cades Schutte for the investigation. (July 18)
I’m sure the public is as anxious for the release of those documents as those reporters who made the requests!
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If Cades was hired strictly to conduct an investigation, there should be no attorney-client privilege between it and the University (because the University did not hire it for legal advice).
All communications between the two should be made public.
According to HNN’s Kerr, the UH is paying Donovan’s legal expense in all of this ($30k), which appears to be wrapped up in the attorney’s letter to Greenwood & Apple that resulted in the offer of a job transfer priced but ill-defined — title later. “Bite the hand…” “Rush to judgement…” All of that but the real crux of the matter is that in-house counsel/ risk management signed off on a wire transfer w/o knowing whether the recipient was, indeed, a third party escrow agent recognized as such.
Wow, ALMOST up to Big Island county clerk/elections division standards. Bye, bye transparency. Bye, bye openness. How dare we criticize Third World despots!
Remember your history: Regents chose Greenwood, despite all her shortcomings elsewhere, from a final list of ONE. That was no search; it was a set up.
I don’t know to what degree the UH president is culpable in this debacle but in her previous job, this pattern of creating a soft landing for people seems evident.
http://articles.latimes.com/2005/dec/22/local/me-ucprobe22
Thanks for pressing for transparency on this, Ian.
Has it reached a point where we can generate some downward pressure on the insane salaries top official in the UH system are getting? WTF do they think they are, Bishop Estate trustees?
The argument given is “that’s what you have to pay to get top talent.” Kinda falls apart when we see how little “talent” we are getting for those salaries.
Time to clean house and NOT bring in some new overpaid officials. Promote from within, if necessary. Let’s re-invent the goddam university, increase the role of the Faculty Senate in helping make decisions.
The current model is NOT working.
The reporting is getting much better than when I complained earlier. Maybe editors are letting reporters loose.
Anyway, trying to hide anything in this time and age can only backfire. The web sees all and what it doesn’t see, there is the coconut wireless. The only secrets that last log are those no one is interested in. The UH system in Bachman Hall needs to figure that out.
even if there is some residual attorney-client privilege in the investigation report — which is highly doubtful, the invoices from Cades Shutte or redacted versions of them that show the final amounts billed and paid are not privileged and are fully subject to disclosure. i hope someone files a record request for the invoices.
I was unable to find the Attachments 1- 161 that are referenced in the Cades report.