The Detroit Free Press is suing Michigan State University for details on massive donationsthat went towards head football coach Mel Tucker’s $95-million dollar 10-year salary.
The paper is claiming the university is violating open records laws by refusing to share donor agreements it made with Mat Ishbia and Steve St. Andre.
An MSU spokesperson declined to comment on the lawsuit citing the pending litigation.
WKAR's Sophia Saliby spoke with Herschel Fink, the legal counsel for the Free Press, about the lawsuit.
Interview Highlights
On the information the paper wants access to
Free Press reporters sought copies of gift agreements which are really contracts between, in this case, MSU and Mat Ishbia as well as Steve St. Andre, and we've been totally stonewalled. The responses have been to slam the door in the face of these requests, to refuse to release any information, much less these contracts, which are, in my view, quintessential public documents.
On why the university has so far denied the release of this information, according to Fink
They won't give any information, even though the Freedom of Information Act requires them to separate anything they claim is private information. That's their claim, that everything is private about these contributions. And there is a nuanced privacy exception in the Open Meetings Act that I don't believe applies in any way shape or form here because we're not talking about private information. In fact, MSU has celebrated these contributions publicly, news releases, press conferences, Board of Trustees meetings and, in particular, Mr. Ishbia has made no secret of his generosity.
On what Fink sees as the next steps in the lawsuit
The next step is for the university to respond to the lawsuit and to explain itself. At that point, there may very well be and probably will be motions filed to enforce the Freedom of Information Act and require the university to release the information. Or in connection with that, we have asked in the lawsuit that the university be required to submit the information we're requesting to the court for what's called an in camera or in chambers review of the information [of] these contracts and then order the university if the judge considers this public information, which I think it clearly is, release it or have a ruling that well, there are, let's say, social security numbers in here and that should be redacted, of course.
Interview Transcript
Sophia Saliby: The Detroit Free Press is suing Michigan State University for details on massive donations that went towards head football coach Mel Tucker’s $95 million dollar 10-year salary.
The paper is claiming the university is violating open records laws by refusing to share that information.
Herschel Fink is the legal counsel for the Free Press. He joins me now. Thank you for being here.
Herschel Fink: It's my pleasure. Good to talk with you.
Saliby: And before we get started, I should say we reached out to MSU for comment, but a spokesperson declined to speak on the lawsuit pending the ongoing litigation.
So to start, could you first speak more on the information the paper wants from the university?
Fink: In this particular case, Free Press reporters sought copies of gift agreements which are really contracts between, in this case, MSU and Mat Ishbia as well as Steve St. Andre, and we've been totally stonewalled.
What is the university agreeing to do in exchange for these unprecedented donations? And the public ought to know that.
The responses have been to slam the door in the face of these requests, to refuse to release any information, much less these contracts, which are, in my view, quintessential public documents.
We don't know what the, to use an overused term, what the quid pro quo is. In other words, what are Ishbia and St. Andre getting? What is the university agreeing to do in exchange for these unprecedented donations? And the public ought to know that.
Saliby: What are the reasons MSU has cited specifically so far for denying the release of these two donor agreements?
Fink: Well, interestingly, they've given no reasons. And I did an appeal, an administrative appeal to the president of the university and similarly had a slammed door. They won't give any information, even though the Freedom of Information Act requires them to separate anything they claim is private information.
That's their claim, that everything is private about these contributions. And there is a nuanced privacy exception in the Open Meetings Act that I don't believe applies in any way shape or form here because we're not talking about private information.
MSU has celebrated these contributions publicly, news releases, press conferences, Board of Trustees meetings and, in particular, Mr. Ishbia has made no secret of his generosity.
In fact, MSU has celebrated these contributions publicly, news releases, press conferences, Board of Trustees meetings and, in particular, Mr. Ishbia has made no secret of his generosity. And there's no reason he should, these contributions are being celebrated, but we're not being given any information about them.
Saliby: For our listeners who might not be as familiar with open records laws, can you explain why legal action is the next step in trying to get these donor agreements?
Fink: Well, the system should work smoothly without the need for lawsuits because the Freedom of Information Act in Michigan, as in most states, has a presumption of openness. And that can be closed off only if certain exceptions are met.
In this case, they're just blanket claims of privacy that the information is private, I assume, the donors' information is private. But the law requires them to release it or to redact with specificity for information that falls within these exceptions.
And they haven't done anything like that. They've said, "No, it's all private. It's all personal information." And that's preposterous.
Saliby: So, what is the status of the lawsuit now? And when do you expect things to be settled?
Fink: The next step is for the university to respond to the lawsuit and to explain itself. At that point, there may very well be and probably will be motions filed to enforce the Freedom of Information Act and require the university to release the information.
Our belief is that there is nothing private or personal in the information we're seeking, and we expect that the court will order it released.
Or in connection with that, we have asked in the lawsuit that the university be required to submit the information we're requesting to the court for what's called an in camera or in chambers review of the information [of] these contracts and then order the university if the judge considers this public information, which I think it clearly is, release it or have a ruling that well, there are, let's say, social security numbers in here and that should be redacted, of course.
But our belief is that there is nothing private or personal in the information we're seeking, and we expect that the court will order it released.
Saliby: Herschel Fink is the legal counsel for the Detroit Free Press. Thank you for joining me.
Fink: My pleasure.
This conversation has been edited for clarity and conciseness.
