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Author Topic: Razorback Foundation and the FOIA  (Read 11106 times)

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Offline Law_Hawg

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Razorback Foundation and the FOIA
« on: December 18, 2017, 12:11:57 PM »

In another thread or two somewhere around here there was a discussion about whether or not the Razorback Foundation's records, either whole or in part, should be subject to release under the Arkansas Freedom of Information Act. 

I saw this article today that a gentleman requested information from the RF pursuant to the FOIA, that request was denied, and his attorney claims he's ready to sue over the denial.

Court test possible on Razorback spending accountability

« Last Edit: December 18, 2017, 12:14:26 PM by Law_Hawg »

Offline DRYANKNPULL

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Re: Razorback Foundation and the FOIA
« Reply #1 on: December 18, 2017, 12:19:26 PM »
This is just about a couple of people wanting their names in the paper.


Offline Law_Hawg

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Re: Razorback Foundation and the FOIA
« Reply #2 on: December 18, 2017, 12:27:32 PM »
This is just about a couple of people wanting their names in the paper.

Maybe, but the Democrat-Gazette has also requested quite a bit of information from the RF and has also been turned down. 

In UA sports firings, hiring, process foggy


Offline TheOtherWhiteMeat

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Re: Razorback Foundation and the FOIA
« Reply #3 on: December 18, 2017, 01:04:26 PM »


Offline kingofdequeen

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Re: Razorback Foundation and the FOIA
« Reply #4 on: December 18, 2017, 01:26:11 PM »
i love how brantley always uses some of his space to remind everyone of his relevance.


Offline Buhleedat

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Re: Razorback Foundation and the FOIA
« Reply #5 on: December 18, 2017, 02:23:09 PM »
Maybe, but the Democrat-Gazette has also requested quite a bit of information from the RF and has also been turned down. 

In UA sports firings, hiring, process foggy
Is that UA-Fayetteville?  Just making sure.  Don't want the fine folks of Monticello to read that incorrectly.


Offline arkansawyer

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Re: Razorback Foundation and the FOIA
« Reply #6 on: December 18, 2017, 02:27:09 PM »
It seems pretty obvious to me it's an arm of a public university but this may all be moot - the new tax bill eliminates the deduction for donations required to get tickets. That leaves almost zero legitimate incentive to run a bunch of money through a foundation.


Offline Count Porkula

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Re: Razorback Foundation and the FOIA
« Reply #7 on: December 18, 2017, 02:31:12 PM »
It seems pretty obvious to me it's an arm of a public university but this may all be moot - the new tax bill eliminates the deduction for donations required to get tickets. That leaves almost zero legitimate incentive to run a bunch of money through a foundation.

except that you have to separate private and public funds based on how they are allowed to be used.

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Offline Lurk

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Re: Razorback Foundation and the FOIA
« Reply #8 on: December 18, 2017, 02:44:24 PM »
In another thread or two somewhere around here there was a discussion about whether or not the Razorback Foundation's records, either whole or in part, should be subject to release under the Arkansas Freedom of Information Act. 

I saw this article today that a gentleman requested information from the RF pursuant to the FOIA, that request was denied, and his attorney claims he's ready to sue over the denial.

Court test possible on Razorback spending accountability
The only time Max seems to be interested RF business is when he thinks he can hurt it. Attention whoring at it's finest. He's the AP of the extremely minor alternative press.

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Offline RPL

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Re: Razorback Foundation and the FOIA
« Reply #9 on: December 18, 2017, 02:45:13 PM »
I saw this article today that a gentleman requested information from the RF pursuant to the FOIA, that request was denied, and his attorney claims he's ready to sue over the denial.
Court test possible on Razorback spending accountability

Isn't that gentleman, Kevin Lemley, also an attorney? 

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Offline Law_Hawg

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Re: Razorback Foundation and the FOIA
« Reply #10 on: December 18, 2017, 02:46:59 PM »
Isn't that gentleman, Kevin Lemley, also an attorney?


Indeed he is.


Offline jsimp

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Re: Razorback Foundation and the FOIA
« Reply #11 on: December 18, 2017, 02:49:48 PM »
is the public trying to FOIA the university athletic programs only an Arkansas thing? why do we do shit like this?


Offline TheOtherWhiteMeat

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Re: Razorback Foundation and the FOIA
« Reply #12 on: December 18, 2017, 02:59:00 PM »
I'm no attorney and it's been awhile since I stayed in a Holiday Inn Express but if a ruling is made that the RF's records are subject to FOIA aren't you opening a whole can of worms re: other non-profits being treated the same (subject to FOIA)? And what about the Salvation Army? Why, they got a Santy Claus on every corner, and they're taking a fortune. But you go ahead Henry, you do it your way.


Offline RPL

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Re: Razorback Foundation and the FOIA
« Reply #13 on: December 18, 2017, 03:22:44 PM »

Indeed he is.

I'm sensing some collusion for a lawsuit.

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Offline Count Porkula

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Re: Razorback Foundation and the FOIA
« Reply #14 on: December 18, 2017, 03:36:23 PM »
I'm no attorney and it's been awhile since I stayed in a Holiday Inn Express but if a ruling is made that the RF's records are subject to FOIA aren't you opening a whole can of worms re: other non-profits being treated the same (subject to FOIA)? And what about the Salvation Army? Why, they got a Santy Claus on every corner, and they're taking a fortune. But you go ahead Henry, you do it your way.

the difference is the work on behalf of a public entity. 

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Offline Law_Hawg

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Re: Razorback Foundation and the FOIA
« Reply #15 on: December 18, 2017, 04:00:53 PM »
I'm sensing some collusion for a lawsuit.



Offline Stephen Colboar

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Re: Razorback Foundation and the FOIA
« Reply #16 on: December 18, 2017, 04:05:50 PM »
I'm no attorney and it's been awhile since I stayed in a Holiday Inn Express but if a ruling is made that the RF's records are subject to FOIA aren't you opening a whole can of worms re: other non-profits being treated the same (subject to FOIA)? And what about the Salvation Army? Why, they got a Santy Claus on every corner, and they're taking a fortune. But you go ahead Henry, you do it your way.

If the Salvation Army were collecting money and operating under the direction of say, DHS... then that would compare.

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Online ArkGuy

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Re: Razorback Foundation and the FOIA
« Reply #17 on: December 18, 2017, 05:17:50 PM »
Private non-profits are already subject to the FOIA if they accept public funds.  That's nothing new. 

The question here is whether this particular non-profit has skated so close to the edge of the line it is deemed to be an alter ego or agent of the UofA.  The public entity is selling tickets.  A portion of what would otherwise go to the ticket seller gets diverted to a non-profit, who uses said money to supplement the pay and perks of public employees as directed by said public university.  Of course it is a winking eye dodge.  But how the courts will view it is anybody's guess.  But I'm guessing the scope of the direction by the UA is key.  If XYZ Foundation works entirely independently of the University and says, "here's a million bucks; we just want our name on a building," then that entity isn't going to be subject to the FOIA.

I'm no attorney and it's been awhile since I stayed in a Holiday Inn Express but if a ruling is made that the RF's records are subject to FOIA aren't you opening a whole can of worms re: other non-profits being treated the same (subject to FOIA)? And what about the Salvation Army? Why, they got a Santy Claus on every corner, and they're taking a fortune. But you go ahead Henry, you do it your way.

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Offline The Whyte Boar

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Re: Razorback Foundation and the FOIA
« Reply #18 on: December 18, 2017, 05:31:01 PM »
Well, when the former UA counsel just slides over to the Foundation to run it and from what I understand, still does some work for the school too, it’s going to be hard to argue they aren’t joined at the hip.


Offline asshat

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Re: Razorback Foundation and the FOIA
« Reply #19 on: December 18, 2017, 06:50:44 PM »
Well, when the former UA counsel just slides over to the Foundation to run it and from what I understand, still does some work for the school too, it’s going to be hard to argue they aren’t joined at the hip.
Typical answer

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Offline arkansawyer

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Re: Razorback Foundation and the FOIA
« Reply #20 on: December 18, 2017, 07:18:42 PM »
Nearly 100% of its funds come from a forced "donation" in order to have the rights to buy ticket's to a public school's football game. Don't look too hard for the link. It's the $$, and I've never heard anyone that's familiar with FOIA that disagrees that this will hold up in court.

Over a dozen states have already gone this route. I really don't get the controversy, especially the buyouts (and who knows what else) we just needlessly paid. Shine that light!


Offline hogeyeblind

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Re: Razorback Foundation and the FOIA
« Reply #21 on: December 18, 2017, 07:45:26 PM »
The only time Max seems to be interested RF business is when he thinks he can hurt it. Attention whoring at it's finest. He's the AP of the extremely minor alternative press.

Max needs to choke on John Robert Starr’s decaying cawk


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Offline Boondoggle

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Re: Razorback Foundation and the FOIA
« Reply #22 on: December 18, 2017, 11:23:44 PM »
Nearly 100% of its funds come from a forced "donation" in order to have the rights to buy ticket's to a public school's football game. Don't look too hard for the link. It's the $$, and I've never heard anyone that's familiar with FOIA that disagrees that this will hold up in court.

Over a dozen states have already gone this route. I really don't get the controversy, especially the buyouts (and who knows what else) we just needlessly paid. Shine that light!


Well, when the former UA counsel just slides over to the Foundation to run it and from what I understand, still does some work for the school too, it’s going to be hard to argue they aren’t joined at the hip.

I assume that the folks here that are dead set against transparency are either on the RF gravy train or they're the typical slack-jawed, nit wit fans that have allowed the razorback football program to fall to bottom feeder status over the past 30 + years while funding it to the tune of $80 million per year:

"That's right, here's my $20,000 and I don't want to hear nothing about no contracts, feather bedding on the payroll or massive salaries and buyouts to hacks...I just want my parking spot and a box seat to watch the shit show unfold every week...it's worth every penny to me to follow the most underachieving program per dollar spent in the SEC...I just want to see somebody administrate another $200 million facilities expansion that we can't afford...WPS!!!"

« Last Edit: December 18, 2017, 11:28:52 PM by Boondoggle »
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Offline TheOtherWhiteMeat

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Re: Razorback Foundation and the FOIA
« Reply #23 on: December 19, 2017, 06:57:19 AM »
Or maybe it's because those of us who don't donate don't care. Assume this lawsuit is filed and won and after a few years of appeals the RF actually has to comply with FOIA. What's that going to accomplish? If you don't contribute you really don't have any right to complain about what comes out and obviously those who do aren't complaining publicly now.


Offline USAFHawg

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Re: Razorback Foundation and the FOIA
« Reply #24 on: December 19, 2017, 07:02:18 AM »
Maybe, but the Democrat-Gazette has also requested quite a bit of information from the RF and has also been turned down. 

In UA sports firings, hiring, process foggy

Like I said in the other thread:

What bothers me about this is that the ADG had the Nutt FOIA information well before the people of Oinkx did the request. The request from Oinkx was made because someone from the ADG had the info and said there is some interesting stuff in there. The ADG did NOTHING with that info. It took (can't remember his name) putting his name out there and suffering the consequences.