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Why Ta-Nehisi Coates’
$41,500
UO speech ended early ➥ COOPER
G R E E N , @ C LYG R E E N
Ta-Nehisi Coates, renowned author and public speaker, left the stage at Matthew Knight Arena on Feb. 3 about 35 minutes before his contract with the University of Oregon suggested he would. Coates, who began speaking to a crowd of 5,548 people at 6 p.m., was scheduled to speak until 7:15. Instead, he was off the stage by 6:40. His schedule also included a question-and-answer period with the crowd, which didn’t occur. “...online it said the lecture would be an hour and 15 minutes and ended up only being 40 minutes. That was pretty disappointing. What Ta-Nehisi said was very powerful and I am so happy I went, but the logistics were off,� wrote Darian Lightfoot on the UO event page, mirroring the comments of many attendees. For the speech and preceding UO events, Coates was paid $41,500. Because the speech was part of the School of Journalism and Communication’s Ruhl Lecture series, the entire amount was paid by donors. Tickets for the evening were free and open to the public. Coates’ visit was tied to UO’s Common Reading program, which provided his book, “Between the World and Me,� to all first-year students at orientation in 2016. His contract for the engagement, which also outlines reimbursements for travel, lodging and a request for Nature Valley Oats ‘n’ Dark Chocolate Granola Bars, was approved by both parties in April 2016. UO spokesman Tobin Klinger said Coates’ schedule was negotiated in the writer’s contract and that the university decided to shorten his evening presentation so Coates could meet with more students during an afternoon session. The earlier session was with SOJC students, and though additional The Emerald is published by Emerald Media Group, Inc., the independent nonprofit media company at the University of Oregon. Formerly the Oregon Daily Emerald, the news organization was founded in 1900.
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students were invited to attend, no time was added to it. “They wanted to make sure that they were meeting the parameters of the donor’s desires as it relates to the offering of that Ruhl Lecture, so first and foremost that was the goal,� Klinger said. Many attendees said they expected the evening session to last longer and were surprised when Coates left the stage without taking questions. Klinger said it had previously been decided that the Knight Arena venue would not easily accommodate a Q&A session. The talk was Coates’ fifth in five days, he announced during his speech. The evening before, he was at Oregon State University where he spoke from 6-7:30 p.m. For that event, he was paid $30,000, according to his contract with the university. Although there were some late changes to his contract at OSU, which originally said he’d speak until 8 p.m., the change was suggested by the university, according to Mealoha McFadden, director of university events. She said the lost time was added on to student meetings Coates had earlier in the day. Despite five consecutive speaking engagements, McFadden said Coates’ schedule wasn’t unusual. “Speakers have that type of schedule all the time,� she said. The main event at OSU was attended by about 1,200 people, and, despite the size of the crowd, there was a Q&A using pre-submitted questions. Like at UO, the event was open to the public and offered student tickets. It was partially funded by Phi Beta Kappa, a national honorary society. Coates is represented by The Lavin Agency. Representatives for the company could not be reached for comment.
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ENGAGEMENT EDITOR MARK KELLMAN NEWS EDITORS NOAH MCGRAW MAX THORNBERRY WILL CAMPBELL
Trump admin appeals climate lawsuit involving UO students ➥ ANDREW
President Donald Trump has taken action on a lawsuit brought by 21 youth, including a University of Oregon student, suing the federal government over climate change. On Tuesday, March 7, the Trump administration filed a proposal to the Ninth Circuit Court of Appeals to reverse an Oregon district court judge’s November 2016 decision, which ruled for the case to move to a federal trial. The administration’s argument to the higher court is that the plaintiffs do not have legal standing to bring the case forward, nor a legal responsibility to preserve a climate system capable of sustaining human life. UO environmental studies student Tia Hatton is one of the plaintiffs in Juliana v. United States. Julia Olson, an adjunct law professor at UO, is representing the plaintiffs as Chief Legal Counsel for the nonprofit Our Children’s Trust. The defendants in the case are the Trump administration and trade associations representing fossil fuel companies, the latter of which joined the case as intervenor-defendants. On Jan. 24, the plaintiffs sent a letter to the U.S. Department of Justice demanding they preserve all records related to climate change, as well as any communication between the government and the fossil fuel
industry so it could be used in a trial. On Tuesday, the Trump administration also called for the upcoming federal trial to be delayed until after the federal appeals court makes a decision. The federal government’s attorneys claimed, in a stay motion to the Department of Justice, that retrieving the requested documents would be a “burden� on the defendants. “The anticipated discovery burdens in this case are forecast by the plaintiff’s extraordinarily broad January 24, 2017 litigation hold demand letter,� the attorneys wrote. “That letter demands preservation of, among other, categories of documents over the course of nearly seven decades.� Olson questions the priorities of the federal government by requesting for the trial to be delayed. “The Trump administration argues that this is a big case and so the burdens of preserving government documents warrant an expedited review. They’re right. It is a big case,� Olson wrote in a press release. “We have a classic example of the government’s misplaced priorities: They prefer to minimize their procedural obligations of not destroying government documents over the urgency of not destroying our climate system for our youth plaintiffs and all future generations.�
Community members gather in front of Wayne Morse Courthouse to support young plaintiffs in Juliana versus U.S. climate change case (Emerald Archives).
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ON THE COVER
Garrett Harmon sits at desk covered in redacted public records. Cover art by Christopher Trotchie and Emily Harris
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đ&#x;“– COVER
The Price of Transp Kelly-new public records thing
➥ JACK 110
Provided with some redactions
40
n De ied
Provided without redactions
Closed for other reasons*
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in ll fu
*Usually due to being withdrawn by the requester
IN 2017:
99 51
REQUESTS PROVIDED OUTSTANDING 2016 REQUESTS
5
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Multiple University of Oregon students were arrested this year, an assistant football coach was paid over $60,000 for less than a week of work and one visit to campus by an author cost UO donors over $40,000. Public records requests help clarify the facts for stories like these. As a public institution, UO is required to release any document it possesses that doesn’t fall under certain privacy exemptions under Oregon statute 192. This includes employment contracts, salaries, emails between university employees, investigation results, police reports, financial records and other documents the university produces. Individuals and organizations request records from UO for various reasons. For example, a contractor that lost a bid for a campus construction project may request the winning contract to help with future bids, or a student might make a request to aid research for a thesis. In July 2010, UO established the Office of Public Records to handle the many requests for records the university receives each month. The top in-house lawyer for UO, General Counsel Kevin Reed, oversees the public records office, which has two full-time workers. The office must balance transparency with the need to protect certain information exempt from public release, such as student records or trade secrets. Reed reviews requests that may fall under an exemption, and helps the office determine if the records should be released. If a requester feels that UO withheld records that should have been released, they may appeal the denial to the Lane County District Attorney, who can review the case. The records office “believes the primary purpose of public records law is to provide transparency in the nature of public workings,� according to its 2016 annual report. However, delays in response to many requests have made some feel
that the UO records office doesn’t provide that transparency to the extent it should. The public records request log shows that there are currently five outstanding requests from 2016 for which UO is still “reviewing/ requesting� records. One of these dates back to October 2016, five months ago. UO has received 99 records requests in 2017. To date, it has provided records in response to 51 of them. While the Oregon Department of Justice says two weeks should generally be enough time to fulfill a request, there is no law that mandates a time limit for an institution to release records. According to Reed, when there are long delays involving a request, it is often due to the complex nature of the request and the fact that the office has to wait for other departments to provide the requested materials. “We are a large, complex, decentralized organization,� Reed said. “It takes effort to actually bring the documents in. It also takes care to make sure we are not handing over documents that would violate federal law.� Reed estimates that it costs “in the neighborhood of $300,000 a year� to operate the public records office. UO isn’t required to operate a public records office, but incurs this expense to make the process of collecting and distributing records more streamlined, according to Reed. As the overseer of the office, Reed meets with his staff weekly to look at new requests and check the status of operations. Reed has an extensive background working with public records law at his previous jobs with UCLA and the Los Angeles Unified School District. Reed said he is happy with the efforts of the records office. In an interview with the Emerald, he noted that the records office has established a public online status log
parency
How to file a records request with UO Send an email to pubrec@uoregon.edu with your request. • Examples of things you can request: emails sent or received by UO employees, contracts between the university and guest speakers, UOPD police reports, salaries of UO employees and much more! • Make your request concise but specific, i.e. “I’d like to file a records request for all emails sent by [professor, administrator, etc.] on March 13, 2017.”
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of all requests — something that isn’t required by law. Senate Faculty President Bill Harbaugh, an economics professor and public records advocate, criticized the delays that come with some records requests. “I can’t say that I know the motivations of the UO records office and General Counsel,” Harbaugh said in a January interview with the Emerald. “But when you look at their actions, it’s clear that the delays — weeks to get a response — have the effect of frustrating legitimate public records requests.” Harbaugh serves as the chair of the Senate Transparency Committee, which “review[s] UO’s procedures regarding access to public records and financial information, and evaluate[s] the effectiveness of those procedures,” according to the UO committees website. Harbaugh suggested that delays from the records office aren’t always for legitimate reasons, and instead have to do with keeping university affairs secret. “Anybody who knows the recent history of the University of Oregon knows that it’s full of controversial issues, and so there’s plenty of material that needs to be made public,” Harbaugh said. According to Harbaugh, the university was under a lot of pressure to release records in 2011, when the Oregonian wrote a letter to then-president Richard Lariviere complaining about the public records office. In response, Lariviere ordered the office to release records more leniently, Harbaugh said. “Reporters were able to get information, and that made university administrators nervous. They like to do their business in the dark,” said Harbaugh. Oregon law also allows institutions to charge a requester for the time it takes to produce the records. For some requests, the UO office will provide a cost estimate for pulling those records before asking if they still want to go through with it. In the 2016 fiscal year, the office estimated a total charge of $10,527.64 for nine requests Harbaugh made.
Harbaugh decided not to go through with those requests, according to the records office. He says he would like to see the office waive more fees than they do, especially for students. Reed disagreed with Harbaugh’s charge that the university may intentionally try to hide things. He expressed surprise when presented with quotes from Harbaugh’s interview with the Emerald. “I’m really proud of the record of the office right now. I’m frankly astonished by Professor Harbaugh’s quotes,” Reed said. Reed felt that Harbaugh’s remarks contradicted the 2016 report on the records office put together by the Senate Transparency Committee that Harbaugh chairs. The report states: “The Senate Transparency Committee appreciates the professional and generally timely manner that public information requests appear to be handled by the UO Office of Public Records. The Committee also acknowledges the mandated balancing of interests between public transparency and protection of privacy.” UO isn’t the only state institution taking criticism for how it handles public records. The Oregon Department of Justice has created a public records task force to examine the state’s practices in the face of increased criticism. In a letter to the task force from May 2016, Oregonian reporter Rob Davis wrote: “Agencies throughout the state routinely hide behind outlandish fees, lengthy delays and discretionary exemptions that need not be exercised. They do this to avoid the public scrutiny, oversight and accountability that Oregonians deserve.” Despite the law’s initial intention, some now see it as a tool the university can hide behind because the law has developed hundreds of exemptions. “The public records law is a disclosure law. It’s about making state agencies disclose information,” Harbaugh said. “And yet, the university uses this law to prevent information from being released.”
Look for a prompt acknowledgment email from the office.
•
Check the status of your request at publicrecords. uoregon.edu/requests or call the office at 541-346requests 6823.
records in 2017
Note: Many records will be redacted or unavailable entirely for various exemptions in Oregon law.
General counsel Kevin Reed. (Courtesy of Around the O)
Economics professor Bill Harbaugh. (Courtesy of uoregon.edu)
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⚡ SPORTS
[
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Power forward, Jordan Bell, dunks the ball for the No. 7 Oregon Ducks. (Adam Eberhardt)
Rough day for Oregon hoops ends with LOSS to Arizona in Pac-12 Tournament title game ➡ R YA N
KOSTECKA
As far as Saturdays go, it couldn’t have gone much worse for the Oregon men’s basketball team. Earlier in the day, the Ducks learned that forward Chris Boucher will miss the remainder of the season. Boucher suffered a torn ACL in the first half of Oregon’s Pac12 Tournament semifinal game against Cal but played 12 minutes in the second half before being diagnosed with the news. The Ducks still had to regroup for their biggest game of the year to date: a rematch with regular season co-champion Arizona. After falling behind as many as 14 points in the second half, the Ducks’ furious rally came up short in an 83-80 Arizona win. Late Saturday, ESPN bracketologist Joe Lunardi projected the loss will put the Ducks to the Midwest region of the NCAA Tournament bracket. The bracket is released on Sunday, beginning at 2:30 p.m. In the first half, Dillon Brooks kept the Ducks within striking distance. The Pac-12 player of the year had 17 first-half points. His teammates combined for 12 points before intermission. The second half was the Tyler Dorsey show. Dorsey — who scored just two points in the first half — kept Oregon alive in the second half, scoring 21 points. “In the second half I felt that we got the flow of our offense going. I think we scored enough,” Dorsey told reporters after the game. “It came down to defensive stops, and we weren’t getting them. We weren’t buckling down.” Brooks and Dorsey, for their play in the
three tournament games, were named to the Pac-12 All-Tournament team. Jordan Bell was Oregon’s only post presence, finishing with 16 points, 10 rebounds. Dylan Ennis added 12 points while Kavell Bigby-Williams — Boucher’s backup — finished with three points, six rebounds and two blocks. Arizona’s Allonzo Trier racked up 23 points in the Oregon loss. “We never expected it to be easy when we walked in here tonight,” Trier said. “Oregon is a really good team, and they weren’t going to lay down and just let us walk away with a win.” The Wildcats opened the second half on a 14-6 run to extend their lead to 49-35 with 15:23 to play. That’s when Oregon woke up and started to climb back into it. Oregon cut the deficit to four, 68-64, with 5:25 to play when Bell scored and converted a free throw. Brooks knocked down a 3-pointer with 1:37 to play and made it a one-possession game. The Wildcats overcame a 1-for-6 showing at the free throw line late for the win. After the loss, Oregon head coach Dana Altman reflected on how Oregon will move forward without Boucher. “Chris is a very talented young man, and he’s a big part of our team. I just feel really bad for Chris,” Altman said. “It was a big blow to our team this morning. We were all kind of down because he’s one of the most popular guys on the team. He’s the one guy that picks everybody up.”
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ACROSS 1 Get a promotion 5 Johnny Carson’s Carnac the Magnificent, e.g. 9 1972 Olympics sensation Mark 14 Linear, in brief 15 Buckshot and such 16 Painter Matisse 17 Carpet choice 18 Installed, as 17-Across 19 Mark up or down, say 20 Lex Luthor, notably 23 “I’d say,” in texts 24 I.S.P. that bought CompuServe 25 Nonverbal communication, for short 26 Postage stamp letters 29 Busters? 31 High-end tailoring area in London 34 As a whole 36 Do-over serve 37 Prince Harry’s aunt 38 Belly dancer’s decoration 41 Neck ridge 44 Prefix with skeleton
since 1973
45 100% 49 Tropicana Field team renamed in 2008 52 Refute 53 Send packing 54 Hyman Rickover’s rank: Abbr. 55 Hurry, old-style 57 ___ Air (Taiwanese carrier) 58 What’s found on some canapés (and hiding in the answers to 20-, 31-, 38- and 49-Across?) 61 1998 and 2005 role for Banderas 64 Handed-down wisdom 65 iPod Mini successor 66 Shady spot 67 Airer of the “Not Top Ten” plays 68 Sci-fi weapon setting 69 Bellyache 70 Judicial position 71 Cartoon skunk Le Pew DOWN 1 “The Barber of Seville” composer 2 Barbaric
3 San Diego, but not Santa Fe 4 Slight advantage 5 Battleship blast 6 Many 24-Across messages 7 Disney boy helped by detectives 8 Tennis star ranked #1 in the world, 1964-70 9 Like the sound of a siren 10 Hammer part 11 Negative stat. for a QB 12 ___ la la 13 Sharp turn 21 Jamaican worshiper, for short 22 “If nothing changes …” 26 Barista’s dispenser 27 Prince, e.g. 28 Blow away 30 Bill who composed the score for “Rocky” 32 Brass or bronze 33 Double bogey’s opposite 35 Go to extremes with 39 For-instances 40 1984 prize for Desmond Tutu 41 Rx watchdog
NEW STOP ON CAMPUS! Across the street from rec center at the long-term bus pickup
SUDOKUS
42 Mardi Gras king 43 Genesis evictee 46 Promote in rank 47 Add zip to 48 Beginning of time, figuratively 50 Capital of Punjab province 51 Everest guide 56 Air traveler’s need: Abbr. 58 Trim, as a photo 59 What a model strikes 60 Clouseau’s rank: Abbr. 61 Reverse of a 13-Down 62 Bruin Hall-of-Famer Bobby 63 Result of a basesloaded walk, briefly
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Fill in the blank cells using numbers 1 to 9. Each number can appear only once in each row, column and 3x3 block. Use logic and process elimination to solve the puzzle. The difficulty level ranges from Bronze (easiest) to Silver to Gold (hardest).
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