So Steve says today..

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Originally Posted by spbdawg

They could try that route but they would open themselves up to a lawsuit.....they have a duty to maintain either the original document or a duplicate because they are a public body under MS state law. They can't "give it away" without consequences. Once they possess a document, it becomes the taxpayers' document and Ole Miss doesn't get to decide which documents the public can dispossess.

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But who is going to take the time to file a lawsuit and incur those legal fees over this? That is what they are banking on. They may not be able to legally prevent its release but they have enough lawyers to make someone really have to want it to get it and drag that process out as long as possible.

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Originally Posted by spbdawg

They could try that route but they would open themselves up to a lawsuit.....they have a duty to maintain either the original document or a duplicate because they are a public body under MS state law. They can't "give it away" without consequences. Once they possess a document, it becomes the taxpayers' document and Ole Miss doesn't get to decide which documents the public can dispossess.

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Would the public record angle also include the "Missing" infraction emails/letters sent to Freeze? How about correspondence between Brother Scruggs and Boone/Kayak ?? I always thought that would be wonderful NCAA reading material.

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Originally Posted by lastmajordog

Would the public record angle also include the "Missing" infraction emails/letters sent to Freeze? How about correspondence between Brother Scruggs and Boone/Kayak ?? I always thought that would be wonderful NCAA reading material.

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No. OM has already skirted the law by not providing them. It would take legal action to force them to release them and apparently the commercial appeal and clarion ledger are too chicken shit to do it.

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Originally Posted by spbdawg

If they have 85 emails, then they are public records unless state law exempts them from public review. The MS Ethics Commission can now compel all public bodies including higher ed to produce public records which are not exempt from the law. It's an administrative remedy....not a judicial process....so few expenses (as in no attorneys fees). You literally fill out a form and they go from there.

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And it also opens a political shit storm if the the Ethics Commission pushed the issue.

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Somebody out there needs to force the issue

It will take a judge issuing a court order to get those released. Period.

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Originally Posted by spbdawg

This was one of the Ethics Commission's first enforcement actions re: public records....copy/paste into browser

http://www.ethics.state.ms.us/ethics/ethics.nsf/PageSection/A_records_R-14-022/$FILE/R-14-022.FINAL.ORDER.pdf?OpenElement

There is a $100 per violation penalty for failing to follow public records laws. This penalty is levied against the public official in his/her person capacity. If an official blows off multiple requests for the 30 or so missing emails, the personal penalty could reach $10K quickly.....plus the requesting party still gets the records.

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$10k is a small price to pay to keep the recruiting train rolling right along.

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Originally Posted by MadDawg

$10k is a small price to pay to keep the recruiting train rolling right along.

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It's one signing bonus.

Why can't the NCAA Rules & Infractions Division release the info if requested?

Can't a news agency request that info from the NCAA? If not, total bullshit!

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Originally Posted by Thick

Why can't the NCAA Rules & Infractions Division release the info if requested?

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They dont release anything until the investigation is completed

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Originally Posted by Coach34

They dont release anything until the investigation is completed

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By 'investigation' you mean their final ruling not the initial NOA correct? Otherwise, someone could petition them now if the NOA has been delivered.

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Originally Posted by Coach34

Somebody out there needs to force the issue

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Who? It seems like that suggestion has been made numerous times. Surely someone on here is familiar with the process or is in a position to do it.

I can't answer that question. All I know is that they have indeed received their letter- and FOI's have been requested

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Originally Posted by Mjoelner

By 'investigation' you mean their final ruling not the initial NOA correct? Otherwise, someone could petition them now if the NOA has been delivered.

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Well they do not send a NOA until the investigation is completed.

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Originally Posted by Coach34

I can't answer that question. All I know is that they have indeed received their letter- and FOI's have been requested

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The CL won't admit it, but they've submitted a FOI.