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Post Info TOPIC: October IHL Minutes Concerning USM


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October IHL Minutes Concerning USM
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MINUTES OF THE BOARD OF TRUSTEES OF

STATE INSTITUTIONS OF HIGHER LEARNING

October 21, 2010

LEGAL AGENDA

Presented by Trustee Alan Perry, Chair

On motion by Trustee Perry, seconded by Trustee Whitten, with Trustee Owens absent and not voting and

Trustee Pickering participating by phone, all Trustees legally present and participating voted unanimously to move agenda items #1 - #8 to the Executive Session Agenda.

1. UM - Request to settle IHL Self-Insured Workers Compensation Claim No. 1997668. (This item

was handled during Executive Session.)

2. UMMC - Request to settle Tort Claim No. 1625. (This item was handled during Executive

Session.)

3. USM - Request to settle the lawsuit styled as Amacker v. the University of Southern Mississippi, et

al. (This item was handled during Executive Session.)

4. USM - Request to settle the lawsuit styled as Fitzgerald v. the University of Southern Mississippi,

et al. (This item was handled during Executive Session.)

5. USM - Request to settle the lawsuit styled as Fox v. the University of Southern Mississippi, et al.

(This item was handled during Executive Session.)

6. USM - Request to settle the lawsuit styled as Agrusa v. the University of Southern Mississippi, et

al. (This item was handled during Executive Session.)

7. USM - Request to settle the lawsuit styled as Krell v. the University of Southern Mississippi, et al.

(This item was handled during Executive Session.)

8. USM - Request to settle the lawsuit styled as Pinion Properties, LLC v. the University of Southern

Mississippi, et al. (This item was handled during Executive Session.)

 

 

On motion by Trustee Whitten, seconded by Trustee Robinson, with Trustees Owens and Pickering

absent and not voting, all Trustees legally present and participating voted unanimously to approve

the requests to settle the lawsuits styled as follows: Amacker v. the University of Southern

Mississippi, et al., Fitzgerald v. the University of Southern Mississippi, et al., Fox v. the University

of Southern Mississippi, et al., Agrusa v. the University of Southern Mississippi, et al., and Krell v.

the University of Southern Mississippi, et al.

On motion by Trustee Ross, seconded by Trustee Whitten, with Trustees Owens and Pickering

absent and not voting, all Trustees legally present and participating voted unanimously to approve

the request to settle the lawsuit styled as Pinion Properties, LLC v. Hadden, et al. as recommended

by counsel if the agreement provides that the settlement can be disclosed, if required, by a court of

competent jurisdiction.

On motion by Trustee Blakeslee, seconded by Trustee Rouse, with Trustees Owens and Pickering

absent and not voting, all Trustees legally present and participating voted unanimously to authorize Commissioner Hank Bounds to renew the contracts of Dr. John Hilpert, President of Delta State University, and Dr. Martha Saunders, President of the University of Southern Mississippi, for an additional four yearsWhere are the details?

 

35. USM GS 108-255 Textbook Services Center Renovation

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff

approved Change Order #2 in the amount of $108,102.00 and one hundred seventy-five

(175) additional days to the contract of DC General Contractors, Inc. Approval is

requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: August 13, 2010

Change Order Justification: The change order is necessary for installation of a new

water line connecting the University water service to the City of Hattiesburg water

system due to water pressure problems with other sprinkler systems on the campus near

the site.

Total Project Change Orders and Amount: Two (2) change orders for a total amount

of $111,480.25

Project Initiation Date: February 21, 2008

Design Professional: Landry and Lewis Architects, P.A.

General Contractor: DC General Contractors

Contract Award Date: May 12, 2009

Project Budget: $1,500,000

Funding Source(s): HB 1641, Laws of 2008



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HA, 1/24/05: 21 trial dates set in cases against USM


...

Cases set for trial in 2006

Stephen K. Fox vs. USM, filed December, 1995. Set for trial: Jan. 9, 2006. Fox claims he was denied tenure and promotion although he met all reasonable criteria. Claim: $2 million on compensatory and $1 million in punitive damages

Mitchell Krell and Lynn Krell filed February 1997, Set for trial: May 1, 2006. Krell claims he was wrongfully fired and it caused harm to his family. Claim: $2 million compensatory and $2 million in punitive damages.

Patricia Amacker vs. USM, David Huffman George Crook, Janet Prieur, filed: March 1998. Set for trial: Sept. 5. 2006. Amacker said although she worked 26 years on the university faculty and completed all criteria she was not promoted to full professor. Further, she alleges she was yelled at and treated discourteously. Claim: $1 million punitive, $1 million actual

...

Michael Fitzgerald vs USM, filed: August 2000. Set for trial: Feb. 26, 2006 Fitzgerald claims he was denied the position of assistant professor because he was over age 40. He claims he was on tenure track and a Vietnam-era veteran so is entitled to additional relief. Claim: In excess of $75,000 that a jury deems appropriate; punitive damages in amount jury deems appropriate.

Jerome Agrusa vs USM, filed February 1998. Set for trial Sept. 5, 2006

Agrusa said he was fired in May 1997 as an associate professor and his due process rights were violated. He claims he was harassed by two university officials and was fired when he spoke out against university policies. Claim: $2 million in punitive, $2 million in actual.

...

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Thank you for the information, Info.  These are certainly old enough to be ready to be settled.  It is a shame most, if not all, of these cases will have confidential settlement agreements.  I guess most of these will not receive nearly the money they wanted, but it would be interesting to know if any administrative changes are made as a result of these settlements.

I guess they wanted these out of the way before Lee Gore is gone from USM.


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Leaving aside the question of whether at least one of these suits involves a "wrongful" firing of someone who was questionably (nepotistically) hired to begin with, what strikes me most is the great skill with which Lee Gore postponed settlement in these cases. I'm sure he will be sorely missed by those who thing that it really is better to wait until money is tight and times are tough to pay the bills.

That said, wasn't the OP's point that Dr. Martha's contract was renewed?

(Those who might be wondering about Invictus' sudden reappearance need wonder no more.  He is bored on a Friday morning...)


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