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BOT meeting public comments transcript: Fenchak rips Dambly a new one

WeR0206

Well-Known Member
Apr 9, 2014
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(The Penn State Board of Trustees meeting is about
to resume.)
>> KEITH MASSER: Good morning and welcome to
today's public comment cycle. We have eight speakers
with us today. Each speaker will be permitted up to
three minutes for comment with a verbal prompt
permitted to assist with the time keeping. While we
are open to topics included in our agenda for
discussion there are a few items not permitted as
items for public expression. These include issues
under negotiation as part of the university's
collective bargaining process. The employment status
of any specific individual. Statements concerning
the private activities, lifestyles or beliefs of
individuals employed by or associated with the
university. Grievances of individual students or
employees. Proposals or bids for contracts or
pending or threatened litigation involving the
university.
As I introduce each speaker I would ask that you
please come to the podium to make your remarks. Our
first speaker today is Barry, Penn State alumnus who
has asked to comment on reform parameters.

>> Barry Fenchak: As I'm sure we're all aware Senator
Udi check is going to Penn State board. According to
the memorandum he seeks to create an accountable
governance board. His actions are prompted by the
fact that here at Penn State we have a group of
Trustees entirely unaccountable. How important is
accountability? Perhaps we can consider a
consideration where a Griffin trustee working in the
real estate and trust division defaulted leading to
the bankruptcy of his business. Would this cause us
to question the suitability of the trustee? Probably
not. What if that individual and his businesses had
been found guilty in dozens of civil actions in order
to make settlements of hundreds of thousands of
dollars to plaintiffs. What if along with a business
associate the individual was a codefendant in federal
anti-trust suit stemming from business practices and
if on top of that the associate since had been
convicted of fraud for submitting fake invoices in
order to steal hundreds of thousands of dollars from
a condominium minimum project in Philadelphia. Is
that someone that the stakeholder the of Penn State
would not want him on the board? Might the
stakeholders be extremely concerned if that
individual was involved in allocation of hundreds of
millions of dollars of Penn State construction funds?
I suspect we would be more than a bit concerned.
Yet, Mike Dambly sits not only on the Penn State
board but is the chairperson of the committee that
oversees Penn State's capital project. There's
nothing that we can do about it as stakeholders.
Dambly serves as unelected unaccountable governor
appointee. Hopefully governor Wolff is aware and
will determine whether or not he wants such a trustee
to serve under his name. This is sadly p many things
that could be discussed about our unaccountable
Trustees. The genesis of many issues lies with this
unngtable board. It is appropriate that we are here
today at Hershey medical center, the viet where
hundreds if not thousands of Penn Staters are put to
work to eradicate pediatric cancer. Here in the room
that lies the cancer that afflicts Penn State. Penn
State needs to put as much effort into eradicating
this cancer, as the children up at the campus put
into the thon every year. Now is the time that true
Penn Staters demand that our alma mater be released
from the unauthorized pirates here today. The
university which has given so much to all of us is
now in her hour of greatest need. Do we stand up for
her? Or do we join the long list, the long list of
those who have failed her, many of them here in this
room?
It is up to us. And unless we change the way this
board is composed we will have all failed this
university.
>> Time is up.
>> AUDIENCE: Ladies and gentlemen, this is the
cancer that afflicts Penn State.
Thank you.

>> KEITH MASSER: Next alumnus Jeff gold Smith
asked to speak on board structure.
>> AUDIENCE: Ladies and gentlemen, it is time
that we talk a little bit about the realities facing
this university an its Board of Trustees. The
reality is that in 2011 this board failed to get
ahead of the Jerry Sandusky scandal in order to
deflect from their lack of attention, they paid
thousands of dollars to scape to Louis Freeh to
scapegoat Joe Paterno. There is a much too large
board. Now, many, many people have given you
suggestions for reform. The reality is you have the
votes to ignore them. But here is another reality.
The Senate is now considering new reforms for the
university. Reforms that will inject the state more
into the operation and oversight as positive. I
don't think that's a positive thing but you brought
it upon yourself. They have the ability. That's
reality. The legislature created this university and
the legislature has final authority over this
university.
Again, you are north getting on top of it. Many
people, myself included, have given you plans for
reform. Trustee Duran gave you a real map for reform
and you ignored it. If you take a step back and
decide to become proactive and put on hold the
implementation of your fake reform proposal, the
State may take a second look, engage the state, work
with them, work with alumni and work with true
reformers to get this body in a position that will be
responsive, responsible, and accountable. If you
don't do it.
>> Time is up old audience -- don't do it, the
State will do it for you. It's time to be proactive
and move forward for the benefit of this university.
Thank you.
>> KEITH MASSER: Speaking next is alumnus Steve
masters on consistency of Board of Trustees
statements.
>> AUDIENCE: My name is Steve masters. Thank you
for allowing me to address the board. I'm a Penn
State graduate. My father was a Penn State
professor. My brother, sister and mother are all
Penn State graduates. We are a proud Penn State
family.
I am deeply distressed by country damage inflicted
upon this institution that I dearly love as a result
of the events of the past several years. There is no
convincing evidence that Penn State did anything
wrong. The crisis was caused by self-inflicted
wounds and will end up being a cautionary tally of
what not to do in a time of crisis. Kudos to judge
Anne Cody for questioning the con sent decree and
allowing for a dispassion 98 crew of what happened.
The discovery in the case exposed the back room deals
between the board, Louis Freeh and the NCAA.
The Freeh report is a farce. It is incomplete.
And based on speculation. It is past time for the
board to do an independent review of the Freeh
report.
A very strong argument can be made that Joe
Paterno, Gary Schultz and Graham spannier acted
responsibly owe over appropriately in pons to what
was known at the time. The board should not have
conceded culpability until after malfeasance had been
established. The hasty decision to concede
culpability was rash. The burled was derelict in
fiduciary responsibilities by accepting the con sent
decree and accepting settlements prematurely. I
believe the board was less than truthful when they
said they fired Joe Paterno for failure of leadership
when as shown in the Freeh report it was done to
appease public opinion.
Excuse me. When it was shown by Ken Frazier's
deposition that it was really done to ... the board
is more concerned about public agendas than the
university's spoibility. Four honorable men's
reputation was damaged. The board caused irreparable
damage to these men and others as well as to the
university. It is time for in to end. I would like
to see the board, one, conduct an independent review
of the Freeh report posthaste.
Two, conduct an investigation into how this
unnecessary crisis was created. And who the
responsible parties are.
And three, return the statue of Joe Paterno to
where it belongs. Thank you for your attention.
>> KEITH MASSER: Next will be alumni Wendy silver
wood on the Penn State initiative on child protection
and wellbeing.
>> AUDIENCE: In reading through Dr. Spannier's
140 page Complaint against Freeh I am struck by these
terms: Recklessly, purposely chose not to, reckless
disregard, avoided, conscious disregard.
On July 12, 2012, Louis Freeh launched his attack
on university on Twitter, and an Army of television
trucks. Susan played his general, purposely chose
not to, reckless disregard, avoided, and conscious
disregard.
For the truth. The Freeh report falsely blamed
Dr. Spannier, other university officials and coach
Joe Paterno in an effort to enable the university to
compartmentalize than responsibility for Sandusky's
conduct and moved forward. In doing so, Louis Freeh
targeted Dr. Spannier, destroyed reputations and hide
failures by county and state agencies. Louis Freeh,
Ken Frazier and Karen pizza's false, malicious and
defamatory statements to the media regarding
spannier, curly and Schultz continue to this day by
that media. The opinion piece published yesterday
still wreaks of it. Recklessly, purposely chose not
to, reckless disregard, avoided, conscious disregard
for the truth.
The remarkably flawed Freeh report together with
other defamatory materials are available on Penn
State's website for this day. For a flagship
institution of higher learning and soip for the
truth, that trumpets research and service, this is
distressing and disturbing. Recklessly, purposely
chose not to, reckless disregard, avoided, conscious
disregard -- for the truth.
Penn State is investing 12 million in an endowment
that advances the university's academic mission of
research, education and service, focusing on child
maltreatment, these funding originated from
60 million that the university dedicated for in
effort. Half of that will go to the Pennsylvania
trit to support grants over the next five years.
Ironically this is the agency that would have over
seen a Commonwealth financed fund for the victims of
Sandusky, had our Commonwealth actually taken
responsibility for its failures.
But it has not. Recklessly, purposely chose not
to, reckless disregard, avoided, conscious disregard
for the truth.
To borrow from Ken Frazier -- oh, brother! Will
the university do the right thing in using a portion
of that endowment? Hold a nationality discussion
with Dick Thornburgh, network doctor, fraidzer and
knoll using valid research to teach the nation about
pillar of the community offenders and truly serve
Pennsylvania parents, children and caregivers?
>> Your time is up.
>> AUDIENCE: Will it apologize to Paterno family,
letter man, the four principals it torched and honor
Joe without an asterisk or continue to push the false
narrative recklessly, purposely chose not to,
recklessly disregard, avoid, consciously disregard
the truth?
>> Time is up.
>> KEITH MASSER: Steven Paine a palet student
asked to address the board on the naming of the blue
band building as well as tuition advocacy and student
representation issues. Steven?
>> AUDIENCE: Good morning, everyone. It is my
honor and privilege to have the opportunity to speak
to all of you this morning. My name is Steven Paine.
I'm a senior at Penn State university park, in
communication arts and sciences. Proud third
generation Penn Stater. I would like to discuss two
topics with you this morning. First as a member of
University Park undergraduate association leadership
team I encourage you to pay attention to the
presentation by the three student body presidents
later this afternoon. Student governments are
focused on the pressing issues facing our student
body, the least of which includes access and
affordability, diversity climate on campus, sexual
assault and continuing our focus on our land grant
mission, among many other priorities.
These are some of the issues we are focused on.
We strongly urge all of you to remain committed to
these issues as they face the student body in much
the same way.
And as the out going president of the Penn State
marching blue band I also would be remiss if I did
not address the strong support for the naming of the
blue band building after Dr. O Richard Bundy, an
action item this afternoon. I would like to thank
the committee for that action on that yesterday. He
is a true Penn Stater. On behalf of past and present
blue band members, friends and fans I want to thank
all of you for strong consideration of this measure.
I can't think of a better person who has always been
the epitome of what it means to be a Penn Stater.
Thank you and as always, raise the song.
>> KEITH MASSER: Thank you, Steve.
Denise Mclegal lan, a Penn State alumni asked to
address the board on the importance of arts in
education.
>> AUDIENCE: I apologize. I have ahead and chest
cold.
It seems to me little is discussed these days
regarding the terrific arts programs in performances
at Penn State. From the center of the performing
arts to the university arts gallery of Penn State,
they all host a roster of patrons, whether they are
local families, students, parents or large donors,
they bring a significant pool of donations to Penn
State.
But who wants to donate to a university that is
being run by an leelt group of the BOT, a group who
believes there's a caste system where some are above
the lieu? A group not meeting responsibilities,
talking in law and snubbing the very alumni from whom
they solicit funds. How do you have time to run and
protect a university when tied up in lawsuits? How
do you have the best interests of students in your
trust when you are giving away millions and millions,
eventually trillions of dollars? How do you look
after dear old state when you create division, unrest
and damage to a local community? The answer is: You
don't.
As we've seen. Now, I'm talking to you people on
the live stream, the Penn Staters that matter. We
will continue to come to continue to these mock of
public comment sessions as long as they let us. We
are also going to shadow the meetings and have our
own open forums to speak among each other to move
forward at Penn State. We had one two Sundays ago.
Twelve of us got together and had solutions to help
the university. I'll keep you posted. You will have
a place to be heard.
To the elected alumni representatives, it is
important, too, that you are also accountable.
Therefore, I -- first I want to thank you for all the
great work you've done and the moves forward. But
without compromising negotiations, I would like to
propose that we elect a liaison.
>> One minute.
>> AUDIENCE: That can come and talk to us and let
us know what you are doing. I would like an annual
report on what you have been working on and what your
accomplishments are so I know who I am voting for.
One liaison would help quite a bit. Fellow Penn
Staters, hang together. We have a mission here to
get rid of the toxic waste and get back to honest who
are. Trustees must be trustworthy. The recent
deposition in the spannier lawsuit showed that Joe
Paterno was fired strictly for public relations
reasons. Those depositions show they not only threw
Joe under the bus but lied to the public and the
university about what is really going on.
Where is the fiduciary responsibility? Why would
people want to donate? I love my home town. I love
my school. I love my university. Thank you for
letting me talk for the glory.
>> KEITH MASSER: Next we have Timothy Reinhart,
Penn State student who asked to speak on the continue
importance of shared university governance.
>> AUDIENCE: Good morning, ladies and gentlemen
of the board. I thank you all for the distinct
privilege of addressing you all today. My name is
Timothy Reinhart, here to speak to you all about the
incredibly vital importance of shared governance.
Why we must continue to utilize such a model if we
want to improve and continue moving forward as a
university. As the current speaker of the under
graduate association, at Penn State I had the unique
sunt to witness first hand how all the collaborative
efforts between students and administrators, staff
and Trustees can lead to tangible progress in an
effective and efficient manner. The restructuring of
this board that took place in November 2014 included
codified student trustee with the selection process
over seen by students.
This is one of the most sweeping and monumental
pursuits I have seen in ensuring that students are
permanently engaged in the highest level of this
stiewfort. Smaller scale, we in the student
government sit down with students, and staff in the
hopes of getting Relay, to find new ideas, which we
are grateful. We must continue to collaborate in
manners that show dedication to civil discourse,
healthy debate and dedicationed to new ideas. We
must engage in discussions and not be fearful to look
for input from stakeholders to ensure that problems
that face us all are mitigated and handled
effectively. As a senior and one who has confidence
in, I urge the board to be cognizant of efforts made
by the student government for the experience of all
of us and to offer the expertise in support, wherever
appropriate. We certainly would appreciate it.
Thank you all very much.
>> KEITH MASSER: The last speaker, Melissa
McQueary ry, current student and member of the Sexual
Assault and Sexual Harassment Task Force will discuss
how to maintain focus on the issue moving forward.
>> AUDIENCE: Thank you. Thanks for having me
here today. My name is Melissa. The report of the
Sexual Assault and Sexual Harassment Task Force
demonstrated for the university community the
extensive scope of the problem of sexual violence at
Penn State. With the reporting rate of sexual
assault of 10 percent and 20 assaults reported so far
this academic year there are hundreds of survivors of
sexual assault at Penn State who deserve to have
their stories heard and experiences recognized. I
hope the board fully acknowledges the extent of this
problem.
For anyone to deny it is a disservice and insult
to those survivors and shows miss understanding of
student life. I have been disappointed in the
actions of some board members in response to this
issue. I was particularly upset about a trustee who
rolled their eyes at the January presentation of the
Task Force and later refused to apologize for it.
I have never in my life felt so disrespected and
insulted by another human being.
However, I have also dealt with Trustees who are
activists against domestic violence and asked pointed
and intelligent questions about what the board can do
to address this type of violence at Penn State. I
want those people running my university. I encourage
all board members to follow those examples.
I worked hard on this Task Force for many hours,
7:30 in the morning, I can attest to the importance
of this report. The issue of sexual misconduct is
important to the university and higher ed as a whole.
Because it has profound human cost. I ask the board
to maintain strict force on ending sexual misconduct
at Penn State. Read the report in full. Ask
questions. Have discussions and help Dr. Barron in
implementing the Task Force's 18 recommendations.
Help us ensure that Penn State is a leader in
taking action against these deplorable crimes.
Anything less is unacceptable. Thank you.
>> KEITH MASSER: On behalf of the board, thank
you all.

This post was edited on 3/20 11:30 AM by WeR0206
 
Steam, good one. :) ***


smile.r191677.gif
 
Re: link for the steam?**


Originally posted by Dr. Feelgood:
nfm
Public comment session is already over.....I think the main BOT meeting isn't for another few hours so the stream is blank for the time being.
 
Just an observation

So this is just my feeling. Comparing pediatric cancer to just about anything, to me, negates the message. It is simply too terrible to try to make an analogy to something as trivial, in the scheme of things, as our BOT. Or any cancer, really. Rather than making your point about how important this might be, to me, it just makes me dismiss it all as a rant. Sorry.
I feel pretty much the same way about people comparing something to Hitler or a nazi. The holocaust was just too terrible to use in a light comparison.
I say this primarily because I *want* your arguments to be successful, but I want you to know that that kind of thing sometimes backfires.
 
Just like Joe would have done.

You put it in a context, which forces us to look at the situation more clearly/honestly, while also not letting the guilty parties of the hook as the complaint (if not the specific argument) is still quite valid.

Well done, Mary Anne!
 
How many trustees were present? Who was not present?***

***
This post was edited on 3/20 12:26 PM by BudatPSU
 
Thank you to all speakers


This went thru my head while reading the transcript. The Good, well, the Ship BOT going down.

UboatsvsQships2.gif

This post was edited on 3/20 12:50 PM by ApexLion
 
Re: Just an observation

Originally posted by Mary Anne:
So this is just my feeling. Comparing pediatric cancer to just about anything, to me, negates the message. It is simply too terrible to try to make an analogy to something as trivial, in the scheme of things, as our BOT.
I didn't hesitate to compare the BOT to infected pulp in a tooth, and I had an appointment for a root canal at the time.

Peetz, Frazier, Eckel, Masser & Co. are Nittany Lion cancer.
 
Thank you Barry for your integrity and your passion in speaking truth to power. You are a warrior.
 
Re: Just an observation


Originally posted by B_Levinson:
Originally posted by Mary Anne:
So this is just my feeling. Comparing pediatric cancer to just about anything, to me, negates the message. It is simply too terrible to try to make an analogy to something as trivial, in the scheme of things, as our BOT.
I didn't hesitate to compare the BOT to infected pulp in a tooth, and I had an appointment for a root canal at the time.

Peetz, Frazier, Eckel, Masser & Co. are Nittany Lion cancer.
Get the polyp, get the cure.
 
Who's the trustee who rolled eyes in response to a sexual assault report?

From a student address to the BOT on sexual assault and harassment:

"I have been disappointed in the actions of some board members in response to this issue. I was particularly upset about a trustee who rolled their eyes at the January presentation of the Task Force and later refused to apologize for it.I have never in my life felt so disrespected and insulted by another human being."
 
Re: Just an observation

Originally posted by Mary Anne:
So this is just my feeling. Comparing pediatric cancer to just about anything, to me, negates the message. It is simply too terrible to try to make an analogy to something as trivial, in the scheme of things, as our BOT. Or any cancer, really. Rather than making your point about how important this might be, to me, it just makes me dismiss it all as a rant. Sorry.
I feel pretty much the same way about people comparing something to Hitler or a nazi. The holocaust was just too terrible to use in a light comparison.
I say this primarily because I *want* your arguments to be successful, but I want you to know that that kind of thing sometimes backfires.
Did you just call the complete malfeasance that has affected (and pretty much destroyed) several lives, cost the university millions of dollars and harmed the reputation of every Penn State alum "trivial?"

You did exactly what you decried. Exaggerated to make a point.

This is not jaywalking. We are talking about real impacts on real people. Lifelong impacts.
 
Re: Who's the trustee who rolled eyes in response to a sexual assault report?

Originally posted by Class of 67:
From a student address to the BOT on sexual assault and harassment:

"I have been disappointed in the actions of some board members in response to this issue. I was particularly upset about a trustee who rolled their eyes at the January presentation of the Task Force and later refused to apologize for it.I have never in my life felt so disrespected and insulted by another human being."
Bill Oldsey. I reached out to PS4RS to hear Bill's side of the story. I also tweeted Melissa for her side.
 
Metaphor ( MET - uh - fawr )

"A metaphor as a figure of speech identifies something as being the same as some unrelated thing for rhetorical effect, thus highlighting the similarities between the two. It is therefore considered more rhetorically powerful than a simile"

I guess I made the mistake of assuming (you know what they say about assuming) most people who tuned in would have gotten that.

Alas.
 
Re: Who's the trustee who rolled eyes in response to a sexual assault report?

Yes, Melissa was talking about Bill Oldsey. I know Melissa McCleery pretty well, met her at a meeting of the Sexual Assault Task Force back in September, and have spoken individually with her several times. I have enormous respect for her and I like her a lot. I don't want to take away from Melissa's concerns. But this is an unfortunate misunderstanding. I was present at the meeting of Academic Affairs in January, the meeting Melissa refers to. Bill was not at his best that week, having traveled to the meeting against medical advice because he was still recovering from surgery. Bill was quiet during the update on the Task Force because I have taken the lead on that issue, while he has taken the lead on the Gen Ed requirements undergoing revision. (These being two of the major initiatives coming out of academics and student services right now.) I can't speak to his body language but what I can say with complete confidence is that he absolutely and completely supports efforts to prevent sexual assaults on our campus. In fact, I know of no stronger supporter of our students than Bill. For example, he drove up to State College during a recent ice storm to take part in a panel discussion between trustees and students -- and when school was closed, so the event was cancelled, he took the students out to the Waffle Shop for breakfast and asked them to talk about their greatest concerns. I talked with Melissa about this after the BoT meeting yesterday to explain that Bill is definitely on the right side of this issue, and she was very gracious. She still has some concerns. I believe Bill is going to get in touch with her to have a conversation about all this. I know he feels very badly about it. Knowing that both Melissa and Bill are people of good will and integrity, I feel sure they will get this worked out.
 
Re: Just an observation

Originally posted by B_Levinson:

Originally posted by Mary Anne:
So this is just my feeling. Comparing pediatric cancer to just about anything, to me, negates the message. It is simply too terrible to try to make an analogy to something as trivial, in the scheme of things, as our BOT.
I didn't hesitate to compare the BOT to infected pulp in a tooth, and I had an appointment for a root canal at the time.

Peetz, Frazier, Eckel, Masser & Co. are Nittany Lion cancer.
Agree. If there ever an instance where "cancer" when referring to a degenerative organization is appropriate it is when referring to the lot that nearly destroyed a school that is apparently indestructible. It was bad. So bad that it is appropriate.

I didn't really like it when my friends would say Bobby Abreu was a clubhouse cancer on the Phillies but there is no questioning that there are members on the board still that are cancerous tumors that need removed.
 
thanks Alice!


Originally posted by AlicePope:
Yes, Melissa was talking about Bill Oldsey. I know Melissa McCleery pretty well, met her at a meeting of the Sexual Assault Task Force back in September, and have spoken individually with her several times. I have enormous respect for her and I like her a lot. I don't want to take away from Melissa's concerns. But this is an unfortunate misunderstanding. I was present at the meeting of Academic Affairs in January, the meeting Melissa refers to. Bill was not at his best that week, having traveled to the meeting against medical advice because he was still recovering from surgery. Bill was quiet during the update on the Task Force because I have taken the lead on that issue, while he has taken the lead on the Gen Ed requirements undergoing revision. (These being two of the major initiatives coming out of academics and student services right now.) I can't speak to his body language but what I can say with complete confidence is that he absolutely and completely supports efforts to prevent sexual assaults on our campus. In fact, I know of no stronger supporter of our students than Bill. For example, he drove up to State College during a recent ice storm to take part in a panel discussion between trustees and students -- and when school was closed, so the event was cancelled, he took the students out to the Waffle Shop for breakfast and asked them to talk about their greatest concerns. I talked with Melissa about this after the BoT meeting yesterday to explain that Bill is definitely on the right side of this issue, and she was very gracious. She still has some concerns. I believe Bill is going to get in touch with her to have a conversation about all this. I know he feels very badly about it. Knowing that both Melissa and Bill are people of good will and integrity, I feel sure they will get this worked out.
you are a true trustee!
 
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