Trustees walked out on Lubrano today

[roswelllion]

I

Here's the full text of my comments at the BOT meeting yesterday:

July 21, 2017

President Barron, Chairman Lubert, fellow Trustees, more than 5 ½ years ago in January 2012, the leaders of this body promised the Penn State community that it would thereafter operate with openness, transparency and accountability. That promise remains largely unfulfilled and, as we today choose new leadership, I believe this Board remains secretive, sometimes purposely, and unaccountable. The Board’s self-appointed majority often acts in its own interests, ignoring the will of its alumni. Consequently, the Board is divided and more significantly the alumni are divided.

My remarks are often characterized by the majority as intemperate, possibly because sometimes my remarks are intemperate. Intemperate perhaps but always honest. Nonetheless, I have been here since this board acquiesced to guilt in mid-2012 and I have observed the extraordinarily expensive actions it has taken to pay for its self-imposed guilt.

I will cite just two of many examples where Board majority has acted, knowingly, to ignore the will of the University’s vast alumni.

In 2012 and by about a 10-1 ratio, trustees still in this room and many now long gone told Louis Freeh interviewers that board membership was much too large to achieve good board governance. By 2014, the trustees chosen by the alumni grew more active and sought answers to matters it deemed relevant in the boardroom. Alumni vote totals grew, though their representatives are still in the minority on this Board. The majority became less comfortable. And so, notwithstanding a board already hopelessly unwieldy at 32 members, the majority proposed to increase board size—except for its initial proposal to reduce the alumni’s representation on the board. We are now a cuddly 38 persons.

One need not be unduly intemperate to see that majority self-interest was imposed for its own selfish purposes by adding seats it could fill, without minority input. Self-interest superseded improved governance. Transparency?

Interestingly, Freeh chose not to recommend a reduced board size when board size was the clearest problem suggested to him. Not too big a surprise though-- much of what Freeh learned from interviewees never made it to the report. More disturbing is how much in the report has zero support in his investigatory notes. But that’s for another day.

The Freeh Report caused the destruction of the Penn State culture that I came to know and love, perhaps in perpetuity; it caused NCAA to impose unwarranted and Draconian sanctions; and as one obedient to his profession, Freeh created the wealth transfer of tens of millions from taxpayer and student pockets into the pockets of plaintiffs’ attorneys.

Much remains unsaid about Freeh’s Report because of the secrecy imposed by this board. Freeh’s destructive PSU indictment was never examined by this so called “accountable” body, nor by our outsized legal department. We were told by legal counsel, “Don’t look at that evidence; what if it is worse????” Not knowing was actually recommended -- I call that Purposeful Ignorance!!!

Purposeful Ignorance is an unnatural human condition and like most such conditions in this day and age, the product of lawyerly advice. Perhaps that advice fits into our contorted legal system—but legal or not, Purposeful Ignorance is not moral in my book. Millions were spent to keep those documents secret from the alumni of this university. Millions were spent to deny trustees the right to do their duty as they saw their duty. The majority chose to remain uninformed, then used taxpayer and student funds to preclude alumni trustees from gaining knowledge. In the end, more than $1.2 million was wasted.

--The majority knowingly and falsely informed us we had no duty to understand the Freeh investigation.

--After the majority forbid the minority to do its duty, seven, myself included, pursued that duty in the courtroom and not surprisingly won the case.

--The majority, in response to a private letter from the seven, chose to publicly rebuke the minority for its effort to gain access to information.

--President Barron chose to belittle the minority’s efforts publicly calling the information request “frivolous and damaging to the University”; where is seeking knowledge and truth frivolous?

--The majority purposely deceived the public saying we rejected a “compromise” to examine the Freeh data. Untrue yet published anyway.

--The majority indiscriminately paid lawyers for legal matters related to PSU and unrelated to PSU. We even paid the NCAA’s obligation to Senator Corman in a suit the NCAA LOST.

--The majority chose not to reimburse the duly elected members of this board for its legal fees associated with our effort to seek knowledge and truth but instead publicly and maliciously chastised and belittled our efforts. Fortunately, the three-person Commonwealth Court ruled otherwise and reminded President Barron our effort was indeed not “FRIVOLOUS.”

--The majority purposefully and deceitfully informed the public that Freeh interviewees had been promised confidentiality. Untrue. Freeh investigators explained to each interviewee their confidentiality could not be promised!!!

Worth mentioning is that President Barron reneged on his commitment to review the Freeh material noting that Freeh was not really relevant to the board’s work. Really not relevant to more than a quarter of a billion dollars and the university’s reputation?

The foregoing are simply not the actions of two board groups with valid differences of opinion. Generally though, that is how the majority characterizes differences. Differences we have, of course.

The actions I just cited reflect the actions of a majority imposing its self-interest—unlawfully--on the minority. Deception and majority self-interest are not okay.

James Madison was arguably the major contributor more than 230 years ago to the design of the Constitution of this country and its voting processes. His biggest fear, mitigated somewhat by the Electoral College, was the likely propensity of the voting majority to impose its will on the minority. He called it the tyranny of the majority. I better understand his fear.

The obligations of DUTY and LOYALTY of trustees are not determined by one of General Counsel’s many opinions, nor are they defined by the vote of the majority of trustees. Trustee obligations are individual and each must act according to his or her own conscience and sensibilities. This fact is well established and well understood in America—and by our self-selected legal subcommittee. Yet the committee and our leadership mislead us and they attempted to mislead the court.


Our lawyers, and the legal subcommittee have allocated hundreds of millions of dollars for which they should be accountable. This board and management long ago abdicated their responsibilities to lawyers. The money is gone. Sadly, so is our reputation. Obviously, all the kings’ horses and all the king’s lawyers cannot restore the pride and culture of a Penn State destroyed by our Purposeful Ignorance and perpetual passivity. We do not play offense or defense; we are inert.

I raise these matters again because silence is acquiescence. As I analyze our actions five years later I am more troubled than ever.

For 5 years I have imprecisely chosen the term “dysfunction” to describe this board. Board size alone causes the board confusion, incompetence, disorganization etc… that makes us dysfunctional. But dysfunction is prevalent on many not-for-profit boards. That is not the cause of our futility—the imposition of deceitful self-interest is the cause.

To be clear, the term deceitful is used to be precise. That its usage may be inflammatory and polarizing is unfortunate but true. Hundreds of thousands of alumni who care about our past and our future have been deceived and, in the process, disenfranchised.

Remember, we will never heal without truth and reconciliation.

Now Mark and Matt, I hope, I pray, that the two of you work together to help bring us back together.

Thank you.

If a tree falls in the woods and there is no one there to hear it does it makes a sound?

 

[roswelllion]

Louis Freeh is a fraud.

I continue to review the materials.

Patience is not my strong suit the same, I suspect, as most on this board. Nevertheless, please be patient. Unlike Freeh, I'm actually looking at ALL the material.

Measure twice but cut once.

Sorry for such a cryptic response.

A.L.
Most of us appreciate your sincerity and many of us read what you write with hope when there shouldn't really be much hope. However at this time your comments regarding any review remind me of Lucy, Charlie Brown and the football.

 

[roswelllion]

Thanks Mr. Lubrano, I continue to hope we will win in the end. I know it's coming, everyone will call me naive, stupid or probably worse! These despicable skunks may steal my school but they will not steal my soul. Thanks again.

You are naive stupid and even worse!

 

[roswelllion]

Okay here is my summary.
Any discussion on this topic still generates pages and pages of comments indicating many of us still hold some hope for a full and transparent review of the facts. - No indication that will ever come.
Anthony makes another cryptic comment and again raise our hopes. - There isn't any

In my view this whole case closed with the convictions/pleas by C/S/S, regardless of how insignificant the misdemeanors really were. They were guilty that is all the public needs to know.

Our university is run by a bunch of dishonest and even evil crooks
Joe will forever be known as an enabler
C/S/S sit in jail
Big Red is rich

What else do we need to know?

 

[bwifan]

Okay here is my summary.
Any discussion on this topic still generates pages and pages of comments indicating many of us still hold some hope for a full and transparent review of the facts. - No indication that will ever come.
Anthony makes another cryptic comment and again raise our hopes. - There isn't any

In my view this whole case closed with the convictions/pleas by C/S/S, regardless of how insignificant the misdemeanors really were. They were guilty that is all the public needs to know.

Our university is run by a bunch of dishonest and even evil crooks
Joe will forever be known as an enabler
C/S/S sit in jail
Big Red is rich

What else do we need to know?

Then why do you keep posting if you don't care or have given up? Seems to me to just pass this thread by and ignore it if you're convinced nothing is going to happen.

 

[lubrano]

There is a name for the warning they were given, maybe JmmyW can recall it.

It's called the Upjohn Warning.

 

[WyomingLion]

Okay here is my summary.
Any discussion on this topic still generates pages and pages of comments indicating many of us still hold some hope for a full and transparent review of the facts. - No indication that will ever come.
Anthony makes another cryptic comment and again raise our hopes. - There isn't any

In my view this whole case closed with the convictions/pleas by C/S/S, regardless of how insignificant the misdemeanors really were. They were guilty that is all the public needs to know.

Our university is run by a bunch of dishonest and even evil crooks
Joe will forever be known as an enabler
C/S/S sit in jail
Big Red is rich

What else do we need to know?

You may be right in that the false narrative will remain to be what the majority continues to believe. I for one would like to know what really happened if just for my own understanding. Depending what is revealed, maybe some will question how this became such a miscarriage of justice. Maybe some will not swallow everything Freeh says without looking deeper. Maybe, the next time something like this happens Due Process will not get trampled in the dust. You would have us rollover and play dead. I am glad you were not in command after Pearl Harbor.

 

[tobakkorudy]

You may be right in that the false narrative will remain to be what the majority continues to believe. I for one would like to know what really happened if just for my own understanding. Depending what is revealed, maybe some will question how this became such a miscarriage of justice. Maybe some will not swallow everything Freeh says without looking deeper. Maybe, the next time something like this happens Due Process will not get trampled in the dust. You would have us rollover and play dead. I am glad you were not in command after Pearl Harbor.

Only the majority of haters and idiots.

 

[marshall23]

1. Tom didn't want to.
2. A persistent mother and rage at GS and winning the election changed his mind.
3. Corbett found a conspirator in Surma.
4. Surma relished putting JVP's head on a spear as a quid pro quo for being Tommy Boys "Mr. Inside."
5. The OAG couldn't risk a trial that might draw attention to failures in their and other Commonwealth departments and legitimate questions about the quality of their case against JS.
6. Pave the way to a rubber stamp conviction....silence and indict anyone who might add clarity of truth to the trial.
7. Certain Trustees needed a diversion for their malfeasance at PSU and TSM, enter Freeh, 8 million $$ and "desired results" that led to "reasonable conclusions." There was also the task of creating justification for shitting the bed in crisis and firing JVP. Some merely wanted to finally be first string in the athletic dept. (see Ira Lubert and his dunce Judas).
8. Putting a bow on the plan and making heroes of OGBOT required the NCAA to sanction the "football culture" that Joe created and from which the OGBOT would save the program.
9. Final piece to the puzzle. Control any and all materials and information that might let the above come to light. Hundreds of millions of dollars have been spent to this end.

This is the Cliff Notes of what happened.

 

[Royal_Coaster]

I'd like to think I'd have told them where to go--and left. But I know there were many, many folks fearful for their jobs, and I'm not sure I would have not done the same in their shoes. It's easy to be brave outside of a situation.

And I have a feeling what they did was illegal. Not to allow counsel or a record boggles the mind.

The irony being that the purpose of many of the interviews was to show that Joe was a tyrant who made people afraid to speak out for fear of retribution.

 

[nits74]

1. Tom didn't want to.
2. A persistent mother and rage at GS and winning the election changed his mind.
3. Corbett found a conspirator in Surma.
4. Surma relished putting JVP's head on a spear as a quid pro quo for being Tommy Boys "Mr. Inside."
5. The OAG couldn't risk a trial that might draw attention to failures in their and other Commonwealth departments and legitimate questions about the quality of their case against JS.
6. Pave the way to a rubber stamp conviction....silence and indict anyone who might add clarity of truth to the trial.
7. Certain Trustees needed a diversion for their malfeasance at PSU and TSM, enter Freeh, 8 million $$ and "desired results" that led to "reasonable conclusions." There was also the task of creating justification for shitting the bed in crisis and firing JVP. Some merely wanted to finally be first string in the athletic dept. (see Ira Lubert and his dunce Judas).
8. Putting a bow on the plan and making heroes of OGBOT required the NCAA to sanction the "football culture" that Joe created and from which the OGBOT would save the program.
9. Final piece to the puzzle. Control any and all materials and information that might let the above come to light. Hundreds of millions of dollars have been spent to this end.

This is the Cliff Notes of what happened.

And it is this part that makes me not give two sh!ts about what the program does going forward. Nothing against Franklin or the kids, but we all should know who will get ultimate credit for any success. And if there is any doubt, all one need do is read Delany's statements regarding the "progress" Penn State has made since 2011. This whole thing is nauseating.

 

[nits74]

Mr Lubrano,

See the link about the upcoming Paterno movie. They are not relying on facts, or even the outcome of criminal trials. They are relying only on the Freeh report, which we know is complete garbage. Which is a reason many are anxious for the outcome of the review of the Freeh Report. This movie will only further cement the false narrative. Is there nothing PSU can do to prevent this hatchet job?

PSU doesn't want to do anything about it. They're probably collaborating with HBO.

 

[Keyser Soze 16801]

It's called the Upjohn Warning.

Probably should have been called the Merck Warning in this case

 

[lubrano]

Again, just thinking out loud...

Could any Trustees have initially opposed an investigation and preferred the criminal investigation to run its course then deal with the fallout? If so, then why did Louis Freeh castigate Spanier and Baldwin alone for this? Hmmm...did any of the then-seated Trustees have relevant experience that would have guided them to take such a view? Hmmm.

 

[marshall23]

Again, just thinking out loud...

Could any Trustees have initially opposed an investigation and preferred the criminal investigation to run its course then deal with the fallout? If so, then why did Louis Freeh castigate Spanier and Baldwin alone for this? Hmmm...did any of the then-seated Trustees have relevant experience that would have guided them to take such a view? Hmmm.

I know that as a kid I hated going through Danville. The stench from the Merck Plant engulfed the entire town.

 

[tobakkorudy]

I know that as a kid I hated going through Danville. The stench from the Merck Plant engulfed the entire town.

Did you go through Point Matilda(?) when paper plant was there?

GAH!

 

[marshall23]

Did you go through Point Matilda(?) when paper plant was there?

GAH!

Nah, not my neck of the woods.

 

[Victor E. Bell]

Did you go through Point Matilda(?) when paper plant was there?

GAH!

You mean Tyrone. If Port Matilda ever had a paper company (of which I am unaware) it was back in the days of Moses. When was the last time you were in Centre, Blair or Hunt Co. or surrounding environs? Serious question.

 

[Victor E. Bell]

Nah, not my neck of the woods.

Nor anyone else's either.

 

[ForesterGump]

I don't think there was anything any of the trustees could have done. First off, this was a classic smear job by Corbett. I think that his sights were set on Spanier. Sandusky was the perfect case to bring the smear campaign on. He used the OAG as the perfect source to use to discredit Spanier. I'm not saying that Sandusky is innocent. But, when Spanier challenged Corbett, he took it on himself to smear him.

Also, the BOT leadership consisted of the moneyed interests. The chair and vice chair came from the industry group, and they ran things. The rest of the BOT was no more than a rubber stamp. Sort of sounds like what happens today.

I doubt that there was any trustee that was going to go against Surma or the industry group. No one really had the balls to do it. Corbett played that to his advantage. Corbett also fed the media into a frenzy with leaked information that would play on the scandal networks on the weekend. With Spanier and Paterno gone, there was no one left to steer the University. So, it sank. Freeh was just the last bullet in the gun, BOT and paid for. Corbett got his way until the next election where he lost not only the governor's mansion, but the AG office to the Democrats.

Which brings us back to today. As an alumni, I really held out hope that the alumni Trustees would be a beacon of light. I was always taught to lead by example. That sometimes means you go against the grain and do what's right instead of what is customary. We voted in trustees that shared our outrage, that had legislative inside power, that would lead us by going against the established power. Instead, we got representation that got snookered into going along to get along. In the end, our representation got watered down from 28% to 23% of the board.

This year, the alumni trustees grew a pair and voted against the establishment. Something us outsiders have been clamoring for forever. Until the industry sector power block is broken, there will be no change in PSU leadership. Lubert galvanized that bond, and Dambly will carry it on. With legislative indifference, I don't see anything changing. I hope I'm wrong, and will continue the fight.

 

[SmithtonLion]

I don't think there was anything any of the trustees could have done. First off, this was a classic smear job by Corbett. I think that his sights were set on Spanier. Sandusky was the perfect case to bring the smear campaign on. He used the OAG as the perfect source to use to discredit Spanier. I'm not saying that Sandusky is innocent. But, when Spanier challenged Corbett, he took it on himself to smear him.

Also, the BOT leadership consisted of the moneyed interests. The chair and vice chair came from the industry group, and they ran things. The rest of the BOT was no more than a rubber stamp. Sort of sounds like what happens today.

I doubt that there was any trustee that was going to go against Surma or the industry group. No one really had the balls to do it. Corbett played that to his advantage. Corbett also fed the media into a frenzy with leaked information that would play on the scandal networks on the weekend. With Spanier and Paterno gone, there was no one left to steer the University. So, it sank. Freeh was just the last bullet in the gun, BOT and paid for. Corbett got his way until the next election where he lost not only the governor's mansion, but the AG office to the Democrats.

Which brings us back to today. As an alumni, I really held out hope that the alumni Trustees would be a beacon of light. I was always taught to lead by example. That sometimes means you go against the grain and do what's right instead of what is customary. We voted in trustees that shared our outrage, that had legislative inside power, that would lead us by going against the established power. Instead, we got representation that got snookered into going along to get along. In the end, our representation got watered down from 28% to 23% of the board.

This year, the alumni trustees grew a pair and voted against the establishment. Something us outsiders have been clamoring for forever. Until the industry sector power block is broken, there will be no change in PSU leadership. Lubert galvanized that bond, and Dambly will carry it on. With legislative indifference, I don't see anything changing. I hope I'm wrong, and will continue the fight.

Thank God Wolf came in and cleaned it up. Cause that Corbett guy was going to prosecute C/S/S whatever the cost.....where is that guy anyhow?

 

[roswelllion]

Then why do you keep posting if you don't care or have given up? Seems to me to just pass this thread by and ignore it if you're convinced nothing is going to happen.

Good point. At this time for me it is like a car wreck. I know i shouldn't look but couldn't help myself.

 

[Victor E. Bell]

Good point. At this time for me it is like a car wreck. I know i shouldn't look but couldn't help myself.

There were posts this week where the endowment has doubled since the scandal broke. Nothing anyone can do is going to change jack. I don't care if you give $25 or $50K a year. Some big-timer gives $25 mil? Forget it. Fuggeddaboutit. As I said earlier, another big scandal will redouble the endowment. Our is entertainment for PSU. At least there's BWI.

 

[lubrano]

There were posts this week where the endowment has doubled since the scandal broke. Nothing anyone can do is going to change jack. I don't care if you give $25 or $50K a year. Some big-timer gives $25 mil? Forget it. Fuggeddaboutit. As I said earlier, another big scandal will redouble the endowment. Our is entertainment for PSU. At least there's BWI.

Check the accounting methodology very carefully...

 

[Victor E. Bell]

Check the accounting methodology very carefully...

I have my own taxes to do. All I know is what I read in the paper (and here.) I'm not an accountant. People see $30 MM donations and think what? When we're talking endowments $30 mil is nothing. We were told this by a poster here years ago and he was correct.. The fines were nothing. The money was nothing.

We don't live in that world. All we know is every story printed is laced with scandal. Everything is "culture this," the fans are "that." Creepy. Worst scandal ever. Entire community to blame. Shut it down. Should have been shut down from day one...the entire university. Recovery. Get back to the right side. Of what? You nor I were molesting anyone. Our leadership blamed us all. Signed off on Freeh's evaluation.

No shock the hoi polloi are mad. Our school is completely indifferent, and silent. I hope there are enough $30MM donors waiting in the wings. I suppose there are enough of them or we wouldn't be here. Good luck. All you need is one. Wipes out 30,000 of me.

 

[roswelllion]

You may be right in that the false narrative will remain to be what the majority continues to believe. I for one would like to know what really happened if just for my own understanding. Depending what is revealed, maybe some will question how this became such a miscarriage of justice. Maybe some will not swallow everything Freeh says without looking deeper. Maybe, the next time something like this happens Due Process will not get trampled in the dust. You would have us rollover and play dead. I am glad you were not in command after Pearl Harbor.

Well since the "Pearl Harbor" of Nov 2011. We have
Lost the battle of Paterno suit
Lost the battle of Freeh report
Lost the battle of Spanier trial
Lost the battle of C/S plea
Lost the battle of McQueary suit
Did not even fight the battles of 30 settlements
Lost the battle of the A-9 getting to the truth
Lost the battle of Gorman
Sounds more like Vietnam than WWII

 

[PennSt8er]

All you need to know about Freeh is that he worked on behalf of the CEO of a corporation that made a lot of $ on Vioxx and opiates.

 

[Nitt1300]

Well since the "Pearl Harbor" of Nov 2011. We have
Lost the battle of Paterno suit
Lost the battle of Freeh report
Lost the battle of Spanier trial
Lost the battle of C/S plea
Lost the battle of McQueary suit
Did not even fight the battles of 30 settlements
Lost the battle of the A-9 getting to the truth
Lost the battle of Gorman
Sounds more like Vietnam than WWII

Vietnam may be the only war where the battles were won but the war lost-

 

[kgilbert78]

Well since the "Pearl Harbor" of Nov 2011. We have
Lost the battle of Paterno suit
Lost the battle of Freeh report
Lost the battle of Spanier trial
Lost the battle of C/S plea
Lost the battle of McQueary suit
Did not even fight the battles of 30 settlements
Lost the battle of the A-9 getting to the truth
Lost the battle of Gorman
Sounds more like Vietnam than WWII

France in 1940....

 

[pandaczar12]

Vietnam may be the only war where the battles were won but the war lost-

Vietnam and Pitt football.