FOIA lawsuit: Judge likely to give Mel Tucker’s contract details to Freep in 4 to 6 weeks

Submitted by chuck bass on October 26th, 2022 at 3:15 PM

Both sides were in court yesterday. On top of Tucker’s $95 million guaranteed, MSU is burning tax dollars to pay one of the most expensive law firms in the state to fight the release of this? What in the world are they hiding?

Funny line on court record by Freep’s lawyer:

Free Press lawyer Herschel Fink argues the public has a right to know whether MSU gave the donors anything in return for their donations.

  • "The head coach (Tucker) has kind of disappointed folks in his initial games. Who has the right to maybe change the coach? " Fink said in court.

https://www.axios.com/local/detroit/2022/10/26/msu-fights-shield-donor-gifts-tucker-contract

Maizinator

October 26th, 2022 at 3:27 PM ^

Any time a public university loses a FOIA request battle, the cost should come out of the top administrator's salaries.   The level of resources these clowns spend on fighting transparency is ridiculous.

dragonchild

October 26th, 2022 at 5:35 PM ^

I doubt there’s even anything juicy in there that we don’t already know. They’re fighting FOIA on the principle that public universities shouldn’t have to disclose the details of their expenditures  to the tax base.

It’s a level of corruption that transcends petty greed and self-preservation into the abyss of ideological entitlement.

Wallaby Court

October 26th, 2022 at 5:59 PM ^

You've hit upon my dilemma. On one hand, I want to believe that MSU has decided to fight this because they are trying to hide something about Tucker's contract.* On the other hand, I know that university administrators often fight public disclosures and scrutiny on principle alone. Michigan's administration has notoriously opposed or dragged its feet when responding to public records requests.

Bo Harbaugh

October 26th, 2022 at 3:32 PM ^

We already know the details:

They bought a lemon.

Paid a lot for a little.

Lil bro's desperation for relevance had them burn $95mm with a decade guarantee on a career .500 coach whose greatest accomplishment is beating big bro twice (once in a covid year)

Mel getting Saban $ is the ultimate lil bro move. His greatest football coaching career accomplishment is finishing 3rd in a CFB division.  

 

chuck bass

October 26th, 2022 at 4:06 PM ^

I contend they knew it would get out eventually but it costs power drunk MSU trustees nothing to burn taxpayer cash on white shoe lawyers to fight it for as long as possible. The motive? To deflect from reckless spending while the university is in dire financial shape and they thought they could fake it till they made it. As in, they thought coach Tucker would again have 10 or 11 wins this season and nobody would care when it was finally revealed that the university is on the hook for $65 to 75 million of the $95 million.

mlax27

October 26th, 2022 at 4:12 PM ^

Would the donors even be mentioned in his contract though?  When lacrosse alums donated to fund the varsity team's scholarships and coaching staff, we signed an agreement with the university that we only needed to follow through on our funding commitment if they went varsity.  But I doubt the coaching staff's contracts had any language as to where the money came from because it's the university who is on the hook, not the donor.  Separately the university would need to secure the funding before offering the contract.  

chuck bass

October 26th, 2022 at 6:15 PM ^

You bring up an interesting point. Was whatever the two billionaire boosters offered towards the $95M cash upfront, just an annual pledge each of the 10 years, or a legally binding commitment? Not only may it have only been $20 to 30 million of the $95 million, what if they can simply walk away from the decade-long pledge due to changing fortunes and economic conditions? Donors don’t fulfill pledged gifts all the time. In other words, MSU would be holding the entire bag.

DelhiWolverine

October 26th, 2022 at 7:56 PM ^

That’s why if MSU has any intelligence, they made a legally binding agreement with the donors providing the cash for Tucker’s contract. If they didn’t build in any legal guarantees to the outside funding, then they absolutely screwed themselves over big time and the idiots that did so absolutely should be fired.

BKBlue94

October 26th, 2022 at 3:38 PM ^

Seems obvious it should be public - he's the highest paid state employee. Don't get why MSU would think they could hide it, or sign him to a contract they'd be embarrassed to have be public. 

AZBlue

October 26th, 2022 at 8:34 PM ^

IF there is anything they wish to hide (= not just being obstinate … just like M is with FOIA requests) the explanation that seems most plausible is it based on Title IX rules interpretations.

What I have seen that makes sense to me - (may or may not be correct) - was that any direct contributions for expenditures may be subject to some checks and balances between M and W programs.  If MSU is getting a $95MM gift to pay Tucker’s salary that could require some “like” payments to other programs.  
 

I do believe there are some “work-arounds” for infrastructure and/ or if extra $$ is paid via endowments (which is why so many UM jobs are at least partially endowed I suspect.).  I would further guess that the amount of $$ required to endow a $9.5MM per year salary is over even what a few billionaires would like to donate so there is a chance they do not want this to become public — particularly with a (still active?) title IX lawsuit against MSU for cutting the W swim and dive programs.

TheDirtyD

October 26th, 2022 at 3:39 PM ^

It could be a precedent setting they’re fighting. It may not be this contract but anytime you can control what’s released lowers your liability and gives more freedom to how you conduct business. It’s most likely more of a principal matter. Businesses fight these things all the time that’s why a lot of wrongful terminations are closed up before discovery etc. State is just trying to limit its exposure most likely or that’s what a quality institution would do. Then again it is Michigan State we’re talking about. 
 

Optics however look bad. 

TruBluMich

October 26th, 2022 at 4:00 PM ^

The optics are terrible.  MSU isn't a typical business it's a PUBLIC university, and the PUBLIC has the right to know. It's not a choice, and nobody should need high-priced attorneys to fight for public information. Harbaugh's contract was publicly available in less than a week.

Michael Scarn

October 26th, 2022 at 4:29 PM ^

What corporations do to protect what they consider confidential or proprietary has no bearing on what state institutions can assert as exempt from production or "not public records."  You do not get to "set precedent" when it comes to FOIA, you are subject to the statute and established precedent. 

What liability does MSU have if Tucker's contract comes out?  How would it affect how they operate? Every coach at a public school knows their contract (and many of their emails, etc.) are subject to disclosure.  

This is pure PR stonewalling because they let Jimmy Sexton extort them for a huge coach-friendly contract.  It is the dumbest tactic against FOIA requests by public bodies.  It ends with a fat legal bill and a ruling against you mandating the information be released, which attracts more publicity about the underlying thing you didn't want to get out.  The only benefits you can get with stonewalling what is clearly subject to production are if the requester is small peanuts enough, they won't sue you, or you can stall so that the underlying information becomes moot/less newsworthy when it comes out.  Neither was ever going to happen here.

Source: I have litigated both on behalf of private corporations and represented public bodies in FOIA lawsuits.

 

chuck bass

October 26th, 2022 at 4:45 PM ^

Worth noting MSU men’s and women’s varsity swim programs were abruptly cancelled following the 2020-21 season. Brass claimed it was due to university-wide financial challenges. Swim families sued the university and I believe it’s still playing out in court. The claim you cancelled two swim programs because you’re broke doesn’t exactly pass muster if you found a bundle of loot for a football coach’s record-breaking guaranteed contract. Solution: Whisper two billionaires picked up the $95 million tab and never show anyone proof?

TheDirtyD

October 26th, 2022 at 4:56 PM ^

I’m assuming their hand is being controlled by a more influential entity and they’re doing it to save face with that “person.” If you’ve litigated these cases you’ll understand. Sometimes egos of people drive them to make unwise and costly decisions. 
 

This is most likely one of them. 

LSAClassOf2000

October 26th, 2022 at 4:04 PM ^

I mean, it could just be my own perception of these things, but the details of coaching contracts seem like - at least generally - they would be so mundane that most schools wouldn't particularly care if you knew them, at least within reason. Why MSU should fight this to the hilt is beyond me, as a result of that view admittedly. If anything, it causes me to wonder if the terms are so woefully lopsided that it would confirm that worst suspicions we had about this, that it was a weird desperation heave. 

mGrowOld

October 26th, 2022 at 4:10 PM ^

Gonna be real interesting week up in EL if this Saturday's game goes according to expectations and Michigan rolls past MSU.  Up to now, any negative discussion about Tuck's contract has been mitigated by Sparty by pointing at his 2-0 record against us.  But it we win big on Saturday they'll drop to 3-5 with very loseable games upcoming @ Illini and @ PSU and he's no longer undefeated against Michigan.  Not sure 5-7 and missing the bowl game is what Spartan nation signed up for when they game Mel 95 large to take control.

<Insert "cant wait" animated gif.>

Don

October 26th, 2022 at 4:28 PM ^

MSU is at heart an agricultural school, and I hear they're growing and selling nature's medicinal herb out of the back doors of the ag campus greenhouses to pay for Mel's contract. WOTS is that Burning Couch Sativa, Tiny Tom's Rage Relaxer, and Draymond's Nut Punch are their most popular strains.

njvictor

October 26th, 2022 at 4:28 PM ^

It feels like this should be a very open and shut case that the contract for a high profile public employee should be ya know public. Definitely sketchy that MSU has been hiding this so viciously