Tom Mars - UM says phones Hugh Freeze used paid for by school's Foundation

[Dawg-gone-dawgs]

https://twitter.com/YahooForde/status/892113113583169537

Pat Forde ✔ @YahooForde
Houston Nutt atty Tom Mars says Ole Miss tells him phones Hugh Freeze used were paid for by school's Athletic Foundation, not school itself.
3:01 PM - Jul 31, 2017

[TrapGame]

I guess the Athletic Foundation paid for the whores on recruiting weekends too.

[FISHDAWG]

well apparently the school has a record of those calls so why not release the record itself

[Coursesuper]

well apparently the school has a record of those calls so why not release the record itself

Because they know what's in there is nuclear.

[starkvegasdawg]

So why release any of them then? Unless they wanted a scapegoat to distract from what they were on the verge of uncovering.

[smootness]

So why release any of them then? Unless they wanted a scapegoat to distract from what they were on the verge of uncovering.

They released them thinking there wasn't anything incriminating. They are now panicking and trying to come up with any excuse possible. Nutt said his phone was paid for by the school when he was there. Why would you change that to being paid for by a foundation?

Plus, I'm pretty sure that as a phone used by a public employee doing public business, it must be made publicly available anyway.

[Dawg-gone-dawgs]

So why release any of them then? Unless they wanted a scapegoat to distract from what they were on the verge of uncovering.

This is ABSOLUTELY it!! Can the NCAA open it back up and connect the dots without the numbers?

[Westdawg]

That answer doesn't hold up in a court of law.
- the Foundation is a related entity of the university. If any state employee is receiving a phone to use to carry out their duties/responsibilities of their state employment, then those records are official public records and are subject to those laws governing such documents
- They have already released information to Mars from those same records; as such, they have made them all subject to records requests
- the OM administration has also openly stated they reviewed said records - all 30,000+ calls - from the entirety of Hugh's time as HC. those became official public records when they did so, and as a result are open to FOIA requests. REMEMBER THIS POINT - if they state that these are not official STATE documents that are open to public record, then they have violated Freeze's privacy rights. If this is the case, the. freeze has the legal grounds for wrongful termination and violation of privacy by a state agency. OM is screwed regardless of which way they turn.
- Not only does Mars have legal right to review the records, but so does any person who desires to do so.

[Reason2succeed]

OM is so screwed and they know it. At this point they are just throwing ish at the wall and hoping it sticks. I wounldnt be surprised to see rats jumping ship pretty soon. People will start disassociating themselves.

[Bucky Dog]

Yeah I'm no lawyer but I believe the Athletic Founfation is an extension of the University as well. Unless the phone Freeze was using was bought by him, account opened under his name and paid for exclusively by Greeze, then that may be his only out. But as said above, if he was still using it under the principle in engaging in state business then it makes it it subject, but then I would think maybe then only business related calls could be used and not "business" calls. Maybe that's why they thought he could redact personal calls in the first place.

But again,if the phone is in any way bought or paid for monthly with any funds related to the university then all calls are subject

[Bully13]

That answer doesn't hold up in a court of law.
- the Foundation is a related entity of the university. If any state employee is receiving a phone to use to carry out their duties/responsibilities of their state employment, then those records are official public records and are subject to those laws governing such documents
- They have already released information to Mars from those same records; as such, they have made them all subject to records requests
- the OM administration has also openly stated they reviewed said records - all 30,000+ calls - from the entirety of Hugh's time as HC. those became official public records when they did so, and as a result are open to FOIA requests. REMEMBER THIS POINT - if they state that these are not official STATE documents that are open to public record, then they have violated Freeze's privacy rights. If this is the case, the. freeze has the legal grounds for wrongful termination and violation of privacy by a state agency. OM is screwed regardless of which way they turn.
- Not only does Mars have legal right to review the records, but so does any person who desires to do so.

good post. are you an attorney by the way? if not, you sound like one.

[Mimi's Babies]

The foundation and ath. department employees are PAID through the college's payroll department and are considered employees of the university... as are those at OM and every other university and JUCO in this state. I am appalled at the stupidity of people at OM....

FYI-- The INN employees are employees at OM also.... State retirement, benefits, paid vacations, and pay checks. Should also receive discounted football tickets.

[msbulldog]

That answer doesn't hold up in a court of law.
- the Foundation is a related entity of the university. If any state employee is receiving a phone to use to carry out their duties/responsibilities of their state employment, then those records are official public records and are subject to those laws governing such documents
- They have already released information to Mars from those same records; as such, they have made them all subject to records requests
- the OM administration has also openly stated they reviewed said records - all 30,000+ calls - from the entirety of Hugh's time as HC. those became official public records when they did so, and as a result are open to FOIA requests. REMEMBER THIS POINT - if they state that these are not official STATE documents that are open to public record, then they have violated Freeze's privacy rights. If this is the case, the. freeze has the legal grounds for wrongful termination and violation of privacy by a state agency. OM is screwed regardless of which way they turn.
- Not only does Mars have legal right to review the records, but so does any person who desires to do so.

Dang West, I always took you for an old coach from your avatar, but this post makes me think you have a legal background.
You must spread some Reputation around before giving it to Westdawg again.

[Commercecomet24]

That answer doesn't hold up in a court of law.
- the Foundation is a related entity of the university. If any state employee is receiving a phone to use to carry out their duties/responsibilities of their state employment, then those records are official public records and are subject to those laws governing such documents
- They have already released information to Mars from those same records; as such, they have made them all subject to records requests
- the OM administration has also openly stated they reviewed said records - all 30,000+ calls - from the entirety of Hugh's time as HC. those became official public records when they did so, and as a result are open to FOIA requests. REMEMBER THIS POINT - if they state that these are not official STATE documents that are open to public record, then they have violated Freeze's privacy rights. If this is the case, the. freeze has the legal grounds for wrongful termination and violation of privacy by a state agency. OM is screwed regardless of which way they turn.
- Not only does Mars have legal right to review the records, but so does any person who desires to do so.

Great post! Excellent work!

[msbulldog]

Hey Guys I see away to make a fortune, through all of this U of Mississippi BS.
I want to write a screenplay for a new daily Soap Opera!
Help me choose a title:
'As My Stomach Turns'
OR my favorite
'Days of my Wives'

[Dolphus Raymond]

Who can really blame Ole Miss for fighting this? They are in such deep shit that they may as well go down in a blaze of glory I guess. Other than looking desperate, and sounding foolish, what does Ole Miss have to lose? Very entertaining from where I sit.

[BiscuitEater]

Houston Nutt atty Tom Mars says Ole Miss tells him phones Hugh Freeze used were paid for by school's Athletic Foundation, not school itself.

First, OM says the records are gonna take ~197 hours of lawyer time at ~$25K to produce the records for Mars. Now they are 'off-limits' because they were paid for by the OMAA.

Don't think it will take longer than a nanosecond for Mars to file have OM produce the bills showing the Foundation paid rather than the Athletic Department.

[Jack Lambert]

Why keep this in the news if there is nothing to hide? It was like the boosters issue they kept it in the news for weeks and it turns out to be a bunch of people no one knows. Just release the phone records and move on.

[Dawgology]

I say we all just file a Request for these files. The fine for not complying to one may be not so bad but if 100's start filing maybe it will move the needle.

[somebodyshotmypaw]

I really don't see the big deal in this. For example, I'm legitimately trying to hire a young female secretary at work. I usually contact them on a prepaid cell phone from WalMart, then I meet them in a cheap hotel room for the interview. And I pay for the hotel room with cash and use an alias. It's a legit way to hire an employee. And y'all probably think it looks bad.

[Bully13]

I really don't see the big deal in this. For example, I'm legitimately trying to hire a young female secretary at work. I usually contact them on a prepaid cell phone from WalMart, then I meet them in a cheap hotel room for the interview. And I pay for the hotel room with cash and use an alias. It's a legit way to hire an employee. And y'all probably think it looks bad.

Plus ONE...

[Dawgology]

Incidentally, this will probably skip the ethics commission and go straight to a judge. A judge SHOULD rule that these records fall under the MSOpen Records Act and definitely under the FOIA. If not it will go move up to Supreme Court that will order the records released. Either way, with this move, Ole Miss has ensured that Nutt's team will finally have court order/subpoena power...which will be huge!!

[msujan]

[QUOTE=Bucky Dog;782732]Yeah I'm no lawyer but I believe the Athletic Founfation is an extension of the University as well. Unless the phone Freeze was using was bought by him, account opened under his name and paid for exclusively by Greeze, then that may be his only out. But as said above, if he was still using it under the principle in engaging in state business then it makes it it subject, but then I would think maybe then only business related calls could be used and not "business" calls. Maybe that's why they thought he could redact personal calls in the first place.

When I worked at MSU, we had state-appropriated funds from the Legislature, all subject to MS laws involving payments for goods and services, e.g., Purchase of alcoholic beverages. Then there were Foundation funds, NOT subject to those same laws, as they were private donations. That distinction could be what UNM is hanging its hat on.

[RocketDawg]

Incidentally, this will probably skip the ethics commission and go straight to a judge. A judge SHOULD rule that these records fall under the MSOpen Records Act and definitely under the FOIA. If not it will go move up to Supreme Court that will order the records released. Either way, with this move, Ole Miss has ensured that Nutt's team will finally have court order/subpoena power...which will be huge!!

And in the meantime, OM gets to delay for a few more weeks/months/years.

[Saltydog]

that is itching to get all of this over with. Their admins. are dragging their feet to keep themselves employed a little longer. That's what this boils down too. They're just pissing off Mars but he'll get a subpoena and get the phone records one way or the other.

[Apoplectic]

Keep delaying bdork - stretch this mess out to 15 years instead of 10

[chew1095]

I agree with you and will add, there is another way to access these records. If you assume Ole Miss is correct and this information is not subject to public records request (which is an absurd premise), these records are subject to subpoena if they relate to Nutt's cause of action against the Bears, Bucky, and Bjork.

Nutt's lawyer is a sharp cat and he knows he will get these phone records at some point even if he has to subpoena them during the discovery process. The denial of these records publicly by the Bears simply adds to Nutt's case and makes the Bears look even more desperate, obstinate, and obfuscatory.

On some level, one would think that someone with big boy pants would intervene and put an end to this clown show; but alas, the Bears are clearly destined to become a case study in every Public Relations 101 class from here to the Ukraine.

[Westdawg]

[QUOTE=Bucky Dog;782732]Yeah I'm no lawyer but I believe the Athletic Founfation is an extension of the University as well. Unless the phone Freeze was using was bought by him, account opened under his name and paid for exclusively by Greeze, then that may be his only out. But as said above, if he was still using it under the principle in engaging in state business then it makes it it subject, but then I would think maybe then only business related calls could be used and not "business" calls. Maybe that's why they thought he could redact personal calls in the first place.

When I worked at MSU, we had state-appropriated funds from the Legislature, all subject to MS laws involving payments for goods and services, e.g., Purchase of alcoholic beverages. Then there were Foundation funds, NOT subject to those same laws, as they were private donations. That distinction could be what UNM is hanging its hat on.

It doesn't matter in this case:
1 - freeze was using the phone as a means for carrying out his duties/roles/responsibilities as HC at OM. this automatically makes that phone and every call/text/website visited/ email sent or received on that phone a state record. He doesn't answer to the Foundation regarding his duties. He answers to OM, and ultimately to the taxpayers of MS, the same as any other state employee does.
2 - the moment that OM administration reviewed those documents to determine if freeze was violating my his STATE CONTRACT those documents became state record, and as such, are open to the public. Now, had OM not admitted that during their last video conference letting the world know that Freeze stepped down and why, we would probably not be able to as clearly determine this. They messed this one up all on their own, AGAIN. 😁👏👏👏👏👏👏😎😉👍

And yes, I was a coach. And I was a pre-law major for 3 1/2 yrs...worked in HS and college for several lawyers and politicians

[Dawgology]

[QUOTE=msujan;782775]

It doesn't matter in this case:
1 - freeze was using the phone as a means for carrying out his duties/roles/responsibilities as HC at OM. this automatically makes that phone and every call/text/website visited/ email sent or received on that phone a state record. He doesn't answer to the Foundation regarding his duties. He answers to OM, and ultimately to the taxpayers of MS, the same as any other state employee does.
2 - the moment that OM administration reviewed those documents to determine if freeze was violating my his STATE CONTRACT those documents became state record, and as such, are open to the public. Now, had OM not admitted that during their last video conference letting the world know that Freeze stepped down and why, we would probably not be able to as clearly determine this. They messed this one up all on their own, AGAIN. ��������������������

And yes, I was a coach. And I was a pre-law major for 3 1/2 yrs...worked in HS and college for several lawyers and politicians

This. I was once involved in a civil case in which a personal phone was used to conduct business correspondence by a publicly employed individual. Those phones were in play.

[The Federalist Engineer]

https://twitter.com/YahooForde/status/892113113583169537

Pat Forde ✔ @YahooForde
Houston Nutt atty Tom Mars says Ole Miss tells him phones Hugh Freeze used were paid for by school's Athletic Foundation, not school itself.
3:01 PM - Jul 31, 2017

OM is an onion organization like Al Queda and Cosa Nostra

Basically this is admitting- they have zero control of the "network"

Therefore you must walk OM into a meadow, have them look down at the flowers, and you know

[SwaggerVance]

They're in so deep already that there is no turning back. They're just stalling for time so that the clean-up crew can get as much swept away as possible.