[Vision2020] UI Settles With Ex-Workers

[Gier, Nicholas]

Greetings:

The faculty union was not directly involved in this case, but I was in communication with both Hass and his attorney. I am so glad that the Hasses finally got some justice.

A number of faculty members tried for months to get the UI administration to discipline Maki, but he was demoted only after an audit demonstrated that his spin-off companies had indeed benefited from UI research.  We urged UI administrators to institute a post-tenure review of Maki, but they refused.

Time and time again we have found that the UI administration always supports its deans and other middle managers rather than listening to legitimate faculty complaints.

In our own whistleblower case I wish that the UI had publicly apologized for the abuse that our grievant went through before she received her settlement.

Nick Gier, President, Higher Education Council, Idaho Federation of Teachers

-----Original Message-----
From: vision2020-bounces at moscow.com on behalf of Art Deco
Sent: Fri 10/30/2009 4:13 PM
To: Vision 2020
Subject: Re: [Vision2020] UI Settles With Ex-Workers
 
Sunil,

I'm sorry, but I don't buy that argument.  

The more light that is shone on misconduct in public institutions, and the more light that is shone on its costs, the better in my opinion.  Public institutions sometimes bow to public opinion, especially in cases where revealed misconduct is habitual.  They ignore public opinion at their peril in the legislature.

The effect on non-public institutions on sealing cases is irrelevant since it is extremely doubtful that legislation prohibiting the sealing of those cases or parts thereof (with one exception) would ever pass.  The exception is where cases are brought in the public interest.  It may be possible to legislatively prohibit the sealing of anything in those cases.

Please do not take this personally, but attorneys often advise their clients to keep settlements private.  This is generally because the defendant claims they won't settle if the settlement is to become public.  I think that this is a bluff in many cases.  The defendants rely on attorney practices which are designed to wear down and to put extreme pressure on plaintiff resources, especially in the cases a small plaintiff and a large, rich corporation or person defendant.  Attorneys sometimes also agree to seal cases so that the amount of attorney fees assessed remains private (this works unless, of course, the media attends the hearings on costs and attorney fees -- this attendance doesn't happen in Latah County).

I also think that rules or legislation ought be passed greatly limiting what can be sealed in any part of a case, including discovery, especially in criminal cases.  Judge Stegner sealed a lot of material in the Sitler (who had many victims) child sexual abuse case regarding Sitler's potential to reoffend.  I read some of those documents before they were sealed.  In my opinion those documents should be open to the public so that they can form an opinion about what a threat Sitler is, and will probably be all his life.

Sealing documents in any case also prevents the public from assessing the integrity, fairness, competence, diligence, and work ethic of the judge, and in the case of criminal matters, the prosecuting attorney.  

In the Sitler case documents about Sitler's sexual proclivities and potential to reoffend were sealed without objection/protest from the prosecutor.  After seeing Judge Stegner's conduct in the Sitler case and one other case, my confidence in his diligence, fairness, and competence really plummeted.  I have an even lower opinion of the county prosecutor which I have expressed here and elsewhere.  Among many of my informed friends and some law enforcement officials I have talked to, there is no disagreement about the latter.

Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID  83843

waf at moscow.com
208 882-7975
  ----- Original Message ----- 
  From: Sunil Ramalingam 
  To: vision 2020 
  Sent: Friday, October 30, 2009 2:52 PM
  Subject: Re: [Vision2020] UI Settles With Ex-Workers


  Wayne,

  I think that rather than reducing the possibility of misconduct in the future, your approach is more likely to make settlements difficult.  Do you really think that people are deterred by publicity attendant to the misdeeds of others?  The more time goes by, the less likely I think this is.  

  People act badly for a variety of reasons.  Often they don't put much thought into the possible consequences of their actions. If they do, they convince themselves that they won't get caught.

  If forced to publicize all the details, then large organizations are likely going to make more attempts to keep embarassing details quiet.  It's always easier for large organizations, whether public or private, to drag things out, than it is for those opposing them to keep going.

  Sunil


------------------------------------------------------------------------------
  From: deco at moscow.com
  To: vision2020 at moscow.com
  Date: Fri, 30 Oct 2009 10:05:28 -0700
  CC: president at uidaho.edu; GSCHROED at senate.idaho.gov
  Subject: Re: [Vision2020] UI Settles With Ex-Workers


  What we need is legislation that prevents court settlements in cases like this where one party is a public agency from being sealed.  It's taxpayers money.  We should know how much, and how it is being spent, and the frivolities that led to such expenditures.

  In this case, it was obvious from the beginning that certain assholes at the university were being just that: assholes protecting a good ol' boy, Gary Maki.  

  I want to know how much this malfeasance cost:  the settlement amount, attorney fees, cost of UI staff time, etc.  It's our money, and it is chickenshit of the UI, a public agency, to insist as part of the settlement that its terms be kept secret, and away from the taxpayer's eyes.

  If the cost of enough of these settlements were made public, maybe, just maybe, arrogant, good ol' boy/girl behavior could be slowed a bit, and maybe its worst practitioners dismissed from employment.

  What is also heartbreaking about this case in the current fiscal downturn is that the money spent on this utter fiasco of illicit favoritism could have been used to save some UI jobs, the services they provide, and prevented the misery and disorganization to families that would have not suffered if UI officials had acted correctly in the first place.


  Wayne A. Fox
  1009 Karen Lane
  PO Box 9421
  Moscow, ID  83843

  waf at moscow.com
  208 882-7975



  ----- Original Message ----- 
    From: Tom Hansen 
    To: Moscow Vision 2020 
    Sent: Friday, October 30, 2009 5:57 AM
    Subject: [Vision2020] UI Settles With Ex-Workers


    Courtesy of today's (October 30, 2009) Spokesman Review.

    -----------------------------------------------

    UI settles with ex-workers
    Husband, wife claimed they were punished for reporting on researcher

    The University of Idaho has settled a lawsuit with two former employees
    who claimed they were punished for reporting concerns that a high-profile
    researcher was using university resources to benefit private companies.

    Although the university is publicly funded, the terms of the settlement
    were being kept confidential.

    The UI released a statement saying Kenneth Hass and his wife, Martha Hass,
    "adhered to and followed" the proper procedures in reporting their
    concerns. The statement also said allegations that Kenneth Hass attempted
    to sabotage sensitive research projects were "unfounded."

    The couple worked at the UI's Center for Advanced Microelectronics and
    Biomolecular Research in Post Falls, a research operation formerly led by
    Gary Maki. The center designed and developed microchips used on NASA
    missions, among other projects, and Maki had a history of high-profile
    breakthroughs.

    In 2005, the Hasses told a university auditor that Maki and others at
    CAMBR were improperly using UI resources to benefit two private spinoff
    companies owned by Maki and research colleagues. A UI audit concluded that
    Maki and others deliberately directed public resources to benefit the
    companies - using university equipment, personnel and office space to
    support one firm, and doing company business on university time, among
    other issues.

    As a result, the UI toughened its policies managing conflicts of interest
    between researchers and the for-profit enterprises that arise from their
    discoveries.

    Kenneth Hass worked as a professor at the center, and Martha Hass was in
    administrative support before moving to another department and eventually
    leaving the UI. They said they faced retaliation from supervisors and
    administrators for reporting their concerns.

    Kenneth Hass was also the subject of a letter to UI officials - apparently
    authored by Maki, but signed by a NASA official - questioning whether he
    provided sensitive information to unauthorized sources, including "foreign
    agents."

    The UI said that allegation, as well as others from Maki that Kenneth Hass
    had tried to sabotage CAMBR projects, were unfounded.

    Maki was demoted in 2007 from director of CAMBR to professor there, and he
    retired this month. The Hasses now live in Lewisburg, Pa., where Kenneth
    is a professor at Bucknell University.

    Neither the UI nor the Hasses' attorney would comment further on the case,
    under the conditions of the agreement.

    -----------------------------------------------

    Seeya at homecoming, Moscow.

    Tom Hansen
    Moscow, Idaho

    "The Pessimist complains about the wind, the Optimist expects it to change
    and the Realist adjusts his sails."

    - Unknown


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