- Sep 8, 2014
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Interesting story from the Gainesville Sun on Foley and UF's top lawyer getting into a pissing contest. Huntley Johnson (lawyer who represents many UF players who get into trouble w/ the law) is mentioned in the story (apparently the lawyer may have had something to do w/ Callaway's case last year).
http://www.gainesville.com/news/20170415/foley-days-from-retirement-blasts-ufs-top-lawyer
Foley, days from retirement, blasts UF’s top lawyer
Tells Keith: ‘It is a good thing my time is ending because I am weary of this dynamic. We all are.’
University of Florida General Counsel Jamie Keith, under investigation following a complaint alleging misconduct, has been placed on administrative leave.
UF spokeswoman Janine Sikes said it would be inappropriate to discuss the reason for the move while the investigation is underway. Keith continues to be paid her $389,500 annual salary, Sikes said.
Keith had agreed to take annual leave once the investigation by UF’s Office of Internal Audit was launched. She said in an email to her staff that she was taking time away to avoid compromising the investigation.
UF regulations state that “The Vice President for Human Resource Services or designee in conjunction with the appropriate vice president or designee may place an employee under investigation on administrative leave or may reassign the employee pending the conclusion of the investigation.”
Meanwhile, a new batch of public records concerning Keith released last week show that she so inflamed former UF Athletics Director Jeremy Foley that he wrote in an email to her four days before he retired on Oct. 1, 2016, that he was thankful he would no longer be working with her.
Records also show that Keith continued to work while she was on annual leave, even coming on campus. UF later put out-of-office messages on Keith’s email and phone answering service, and she was told to coordinate with others if she planned to return to her office.
The records also show complaints were made to the UF’s Ethics and Compliance hotline that Keith’s office hired an attorney who was not licensed to practice in Florida and that the employee was kept on staff while she was studying to retake the Florida Bar exam, which she failed.
Keith has been in the spotlight since Gainesville attorney Huntley Johnson filed a lawsuit in early February against UF alleging that university officials were lagging in providing public records about Keith.
Records that have been released since then include complaints filed against her by her employees, negative responses about her job performance and management in an employee survey and the hiring of a consultant for about $12,000 to “coach” Keith in response to the complaints.
In March, Johnson filed a complaint with the UF Office of Internal Audit alleging malfeasance, misconduct and violation of state law and UF procedures.
The complaint includes criticisms of Keith from employees in her office and allegations she tampered with public records.
Johnson over the years has represented UF athletes who get into criminal trouble or for misconduct on campus. Friction between Johnson and Keith developed over the past several months, possibly over a complaint filed against UF football player Antonio Callaway, who Johnson represents.
A woman accused Callaway of sexual battery. He was never charged with a crime and in August was cleared after the woman alleged a violation of federal Title IX laws, which prohibit gender discrimination and sexual violence on school campuses.
Among the records that were recently released was a blistering email from Foley to Keith over a sentence she inserted into minutes of a meeting regarding the hiring of Foley’s replacement last year.
The dispute involves racial diversity along with legal ethics and integrity — two characteristics for which Keith has been criticized by other employees in her office and for which she is under investigation.
At issue is this line added by Keith in the minutes of a meeting on the hiring of a new athletics director: “There was diversity in the group of sitting athletic directors whom President (Kent) Fuchs identified in the exploration of interest.”
On Sept. 27 at 5:47 a.m., Foley sent Keith an email about the sentence.
“Good morning. I woke up this morning disappointed in myself because I gave in way too easily on those minutes,” Foley began. “The minutes you have produced that give the impression diversity was sought or was part of the process do not have integrity as this is not true ... And if the General Counsel of (UF) thinks it is ok to have the search committee sign off on something that is not factually accurate this is extremely disappointing.”
Foley also wrote that the incident is a “prime example of why I have a problem with you inserting yourself in the affairs of the (University Athletic Association). It is a good thing my time is ending because I am weary of this dynamic. We all are.”
Foley announced in June that he would retire in October, launching a search for a new director. Documents indicate that only candidates with experience as athletic directors would be considered.
Three people, including Executive Associate Athletics Director Lynda Tealer, were charged with interviewing six finalists. Eventually Fuchs selected Scott Stricklin, athletics director at Mississippi State University.
In his email Foley accused Keith of writing the documents in a way to imply diversity was considered when, in fact, it wasn’t.
“You can wordsmith any way you want Jamie but the fact of the matter is what you are wordsmithing, while technically true, the reality is something totally different,” Foley wrote. “Goes back to the conversation we had the other day. YOU think it is important that some constituency (Public? Board of Trustees?) believe diversity was part of the process so you include and defend as being technically accurate which makes it ok. It is not ok in my book and as I said, disappointing.”
Within 20 minutes Keith responded. She said “diversity is Kent’s point, not mine.”
Keith added that in Fuchs’ discussions with her, diversity was very much on his mind.
“I am disappointed that after 10 years, you would think I lack integrity. My record is always to stand up for what is right and I’ll stand on my record,” she wrote.
The Sun asked UF if Fuchs requested that sentence about diversity be included in the minutes and was told it would be inappropriate for university officials to comment.
After the internal investigation began last month, Keith and UF agreed she should take annual leave so a thorough and independent investigation could be done.
Keith, however, continued to work and came into her office on occasion, public records show.
Some of the work dealt with hiring a new attorney for health care. Some was more mundane — telling other staffers they need to ensure that faculty and student trustees file required paperwork.
But the continued work was severely curtailed by UF Vice President for Human Resources Jodi Gentry, who wrote in a March 29 email to Keith that “A few issues have arisen.”
The email contains an out-of-office message that was placed on Keith’s email and phone that refers correspondence to Deputy General Counsel Amy Haas.
Gentry also politely gave Keith some marching orders.
“I understand you have been on campus at least twice to gather personal belongings left behind when you began your annual leave. This is in keeping with what we had discussed, and I hope you have retrieved all of the items needed,” Gentry wrote. “Moving forward, to prevent the perception of interference with the ongoing investigation, please coordinate through Amy or me in the event you or a delegate need to return to campus to retrieve something, even if you are planning to do so after hours or on the weekend.”
Also in the new set of public records were two complaints to the UF Ethics and Compliance Hotline that concern the hiring of former Deputy General Counsel Dyan Gershman in September 2010. The position is the second-highest attorney at UF.
The first complaint, filed on Oct. 28, 2011, states that the job description required the applicant to be a member of the Florida Bar or to become a member in 12 months — Gershman was not. The Bar exam was given in February and July. The complaint alleges Gershman opted to take the July exam and took about eight weeks off to study for it without claiming vacation and while being paid.
Gershman failed the exam, the complaint said, but remained at full salary of about $200,000 despite being unable to give legal advice because she was not a Bar member.
The second complaint was filed Nov. 3, 2011. It states that since Gershman failed the exam, she was either not practicing law and still being paid or illegally practicing law.
UF spokeswoman Janine Sikes said the investigation was resolved when Gershman quit on Dec. 5, 2011.
http://www.gainesville.com/news/20170415/foley-days-from-retirement-blasts-ufs-top-lawyer
Foley, days from retirement, blasts UF’s top lawyer
Tells Keith: ‘It is a good thing my time is ending because I am weary of this dynamic. We all are.’
University of Florida General Counsel Jamie Keith, under investigation following a complaint alleging misconduct, has been placed on administrative leave.
UF spokeswoman Janine Sikes said it would be inappropriate to discuss the reason for the move while the investigation is underway. Keith continues to be paid her $389,500 annual salary, Sikes said.
Keith had agreed to take annual leave once the investigation by UF’s Office of Internal Audit was launched. She said in an email to her staff that she was taking time away to avoid compromising the investigation.
UF regulations state that “The Vice President for Human Resource Services or designee in conjunction with the appropriate vice president or designee may place an employee under investigation on administrative leave or may reassign the employee pending the conclusion of the investigation.”
Meanwhile, a new batch of public records concerning Keith released last week show that she so inflamed former UF Athletics Director Jeremy Foley that he wrote in an email to her four days before he retired on Oct. 1, 2016, that he was thankful he would no longer be working with her.
Records also show that Keith continued to work while she was on annual leave, even coming on campus. UF later put out-of-office messages on Keith’s email and phone answering service, and she was told to coordinate with others if she planned to return to her office.
The records also show complaints were made to the UF’s Ethics and Compliance hotline that Keith’s office hired an attorney who was not licensed to practice in Florida and that the employee was kept on staff while she was studying to retake the Florida Bar exam, which she failed.
Keith has been in the spotlight since Gainesville attorney Huntley Johnson filed a lawsuit in early February against UF alleging that university officials were lagging in providing public records about Keith.
Records that have been released since then include complaints filed against her by her employees, negative responses about her job performance and management in an employee survey and the hiring of a consultant for about $12,000 to “coach” Keith in response to the complaints.
In March, Johnson filed a complaint with the UF Office of Internal Audit alleging malfeasance, misconduct and violation of state law and UF procedures.
The complaint includes criticisms of Keith from employees in her office and allegations she tampered with public records.
Johnson over the years has represented UF athletes who get into criminal trouble or for misconduct on campus. Friction between Johnson and Keith developed over the past several months, possibly over a complaint filed against UF football player Antonio Callaway, who Johnson represents.
A woman accused Callaway of sexual battery. He was never charged with a crime and in August was cleared after the woman alleged a violation of federal Title IX laws, which prohibit gender discrimination and sexual violence on school campuses.
Among the records that were recently released was a blistering email from Foley to Keith over a sentence she inserted into minutes of a meeting regarding the hiring of Foley’s replacement last year.
The dispute involves racial diversity along with legal ethics and integrity — two characteristics for which Keith has been criticized by other employees in her office and for which she is under investigation.
At issue is this line added by Keith in the minutes of a meeting on the hiring of a new athletics director: “There was diversity in the group of sitting athletic directors whom President (Kent) Fuchs identified in the exploration of interest.”
On Sept. 27 at 5:47 a.m., Foley sent Keith an email about the sentence.
“Good morning. I woke up this morning disappointed in myself because I gave in way too easily on those minutes,” Foley began. “The minutes you have produced that give the impression diversity was sought or was part of the process do not have integrity as this is not true ... And if the General Counsel of (UF) thinks it is ok to have the search committee sign off on something that is not factually accurate this is extremely disappointing.”
Foley also wrote that the incident is a “prime example of why I have a problem with you inserting yourself in the affairs of the (University Athletic Association). It is a good thing my time is ending because I am weary of this dynamic. We all are.”
Foley announced in June that he would retire in October, launching a search for a new director. Documents indicate that only candidates with experience as athletic directors would be considered.
Three people, including Executive Associate Athletics Director Lynda Tealer, were charged with interviewing six finalists. Eventually Fuchs selected Scott Stricklin, athletics director at Mississippi State University.
In his email Foley accused Keith of writing the documents in a way to imply diversity was considered when, in fact, it wasn’t.
“You can wordsmith any way you want Jamie but the fact of the matter is what you are wordsmithing, while technically true, the reality is something totally different,” Foley wrote. “Goes back to the conversation we had the other day. YOU think it is important that some constituency (Public? Board of Trustees?) believe diversity was part of the process so you include and defend as being technically accurate which makes it ok. It is not ok in my book and as I said, disappointing.”
Within 20 minutes Keith responded. She said “diversity is Kent’s point, not mine.”
Keith added that in Fuchs’ discussions with her, diversity was very much on his mind.
“I am disappointed that after 10 years, you would think I lack integrity. My record is always to stand up for what is right and I’ll stand on my record,” she wrote.
The Sun asked UF if Fuchs requested that sentence about diversity be included in the minutes and was told it would be inappropriate for university officials to comment.
After the internal investigation began last month, Keith and UF agreed she should take annual leave so a thorough and independent investigation could be done.
Keith, however, continued to work and came into her office on occasion, public records show.
Some of the work dealt with hiring a new attorney for health care. Some was more mundane — telling other staffers they need to ensure that faculty and student trustees file required paperwork.
But the continued work was severely curtailed by UF Vice President for Human Resources Jodi Gentry, who wrote in a March 29 email to Keith that “A few issues have arisen.”
The email contains an out-of-office message that was placed on Keith’s email and phone that refers correspondence to Deputy General Counsel Amy Haas.
Gentry also politely gave Keith some marching orders.
“I understand you have been on campus at least twice to gather personal belongings left behind when you began your annual leave. This is in keeping with what we had discussed, and I hope you have retrieved all of the items needed,” Gentry wrote. “Moving forward, to prevent the perception of interference with the ongoing investigation, please coordinate through Amy or me in the event you or a delegate need to return to campus to retrieve something, even if you are planning to do so after hours or on the weekend.”
Also in the new set of public records were two complaints to the UF Ethics and Compliance Hotline that concern the hiring of former Deputy General Counsel Dyan Gershman in September 2010. The position is the second-highest attorney at UF.
The first complaint, filed on Oct. 28, 2011, states that the job description required the applicant to be a member of the Florida Bar or to become a member in 12 months — Gershman was not. The Bar exam was given in February and July. The complaint alleges Gershman opted to take the July exam and took about eight weeks off to study for it without claiming vacation and while being paid.
Gershman failed the exam, the complaint said, but remained at full salary of about $200,000 despite being unable to give legal advice because she was not a Bar member.
The second complaint was filed Nov. 3, 2011. It states that since Gershman failed the exam, she was either not practicing law and still being paid or illegally practicing law.
UF spokeswoman Janine Sikes said the investigation was resolved when Gershman quit on Dec. 5, 2011.
