C7 and FOIA

[Aughnanure]

Saw this brought up on the VCU thread:

"The biggest reason for the C7+5 to invite only private universities is it would prevent FOIA requests. If just one public university was included then reporters and others could use FOIA to get to information the conference might not want to disclose."

I'm no expert on how this would impact a conference, just thought someone else may be able to shed some light on this concern and reasoning.

[Ellenson Guerrero]

The FOIA concern would vary from state school to state school as each state has different FOIA legislation. And having one school subject to state FOIA request wouldn't mean that all of the member-schools records and conference records just open up automatically simply by being affiliated with a state school; reporters and what not would only be able to get the records held by the state institution.

[TomW1365]

This is an interesting point... I'd have to think that this is something that has been discussed among the C7.  I don't think we have to disclose coach salaries although do we know that info?  How would this be used to our advantage as a league?  Here's some info I found using my not so legal background:  

FOIA impact on publicly funded institutions/conferences

1981 Arkansas Gazette Co. v. Southern State College

This case established a number of important precedents:

1.) It affirmed the decision that intercollegiate athletic conferences which receive funding from public institutions are in fact public bodies subject to records requests.
2.) The financial records of athletic conferences do not fall within the states exemption for scholastic records and do not fall within the federal education records exemption

[MURFC]

The FOIA concern would vary from state school to state school as each state has different FOIA legislation. And having one school subject to state FOIA request wouldn't mean that all of the member-schools records and conference records just open up automatically simply by being affiliated with a state school; reporters and what not would only be able to get the records held by the state institution.

While Marquette is a private school, it does receive some public funds.  Wouldn't that already open us up to FOIA requests?

[Bocephys]

While Marquette is a private school, it does receive some public funds.  Wouldn't that already open us up to FOIA requests?

Don't they normally report Buzz's income a few years after the fact from public tax records or something of that ilk? 

[Ellenson Guerrero]

While Marquette is a private school, it does receive some public funds.  Wouldn't that already open us up to FOIA requests?

I'll give you the definition of "authority" (those who are required to comply with FOIA requests) from the Wisconsin statute and let you decide if it applies to MU:

"'Authority' means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; or a formally constituted subunit of any of the foregoing."

While I'm not an expert by any means in this subject, I don't think that definition applies to MU. I think this is right given the fact that generally the NCAA isn't subject to FOIA requests. Although, in doing a few minutes of poking around I found an interesting case from Florida (NCAA v AP) where the Florida court held that because FSU officials viewed an NCAA document on a secure NCAA website, the NCAA became a custodian of public records that were subject to FOIA requests. So it looks like state courts are willing to extend the reach of their state FOIA statutes when there is some connection between state institutions and private conferences and associations. 

[Ellenson Guerrero]

The opinion I referenced is located here in case anyone is crazy enough to read it: http://opinions.1dca.org/written/opinions2009/10-01-2009/09-4385.pdf

[brewcity77]

This would be the strongest argument I've heard against VCU, though I'd lean toward Richmond over SLU. Admittedly, I'd be curious to know about Richmond's commitment to their basketball program.

[Desert_warrior]

I am not sure why this matters. Other conferences have private and public institutions together.

[Dawson Rental]

I am not sure why this matters. Other conferences have private and public institutions together.

It matters because VCU is the only public university being talked about for membership in the new conference.  Thus, no VCU, no FOIA request problems.  So some are evidently using that fact to argue against admitting VCU to the conference.

The University of Richmond, on the other hand, is a private school, as is SLU, as is Dayton, etc.

[Skatastrophy]

I am not sure why this matters. Other conferences have private and public institutions together.

Other conferences don't have a choice at this point.  They were formed after FOIA.

[GGGG]

While Marquette is a private school, it does receive some public funds.  Wouldn't that already open us up to FOIA requests?

No.  Just receiving such funds doesn't open it up to FOIA.

Don't they normally report Buzz's income a few years after the fact from public tax records or something of that ilk?  

That is a federal tax requirement.  They are required to disclose the highest paid salaries as a non-profit.

I am not sure why this matters. Other conferences have private and public institutions together.

To be clear, this in no way opens up the conference meetings to FOIA requests.  But it would open up any emails that come from VCU or to VCU on conference matters.

However, this isn't that big of a deal.  I deal with such requests all the time, and unless someone says something incredibly stupid, the public really doesn't care.  I have never heard of this expressed as a reason why someone should, or shouldn't, get an invite to a conference.  It didn't prevent them from getting a A10 invite right?

[Avenue Commons]

However, this isn't that big of a deal.  I deal with such requests all the time, and unless someone says something incredibly stupid, the public really doesn't care.  I have never heard of this expressed as a reason why someone should, or shouldn't, get an invite to a conference.  It didn't prevent them from getting a A10 invite right?

The idea that FOIA would be a factor in a decision like this is nothing short of paranoid.

Anyone who believes that also probably believes in black helicopters on patrol.

[GGGG]

The idea that FOIA would be a factor in a decision like this is nothing short of paranoid.

Anyone who believes that also probably believes in black helicopters on patrol.

Scoopers have to worry about something.

[The Process]

Scoopers have to worry about something.

That's why the Enola Gay is always on standby.