The 7th Court of Appeals in Amarillo will not punish Texas Tech for the games the university has played in the effort to cover up the truth in the Mike Leach case.
Yes, I said cover up.
“The opinion from Justice Judy Parker is a blow to the public right to know and an invitation to state universities to continue to play an arrogant game of duck and weave,” says Wayne Dolcefino, President of Dolcefino Consulting. “It only prolongs the fight to get to the truth, but we will get there. Red Raider donors, parents, students and taxpayers deserve it.”
Now the legal battle heads back to Judge Bill Sowder’s court in Lubbock.
The Appeals Court ruling said we couldn’t prove Tech lied when it claimed it had no “completed investigation” in the Leach case. The court also bought Tech’s claim it had no financial ledger detailing the money spent by the university football team.
“We had argued Tech completed the Leach investigation when they stopped working on it nearly a decade ago and had to release the documents they created. Tech argued it never completed an investigation, but how do they claim there are no records when we know there are.
Dolcefino Consulting has already proven Texas Tech lied to its donors and fans when they promised a full investigation when they fired the winningest coach in school history. We now know the university destroyed at least some of the records, and we know they are still hiding more. Emails we do have show Tech officials insulted angry fans at the time.
“We will soon ask Judge Sowder to let us take the sworn depositions of Tech Counsel Ronny Wall and Charlotte Bingham, whose records the school continues to hide,” says Dolcefino. “Wall’s conduct is atrocious, he refuses to even tell us what he’s done to preserve the records in this fight.”
Tech isn’t just hiding records in the Leach case. They are fighting to keep secret football financial records, evidence of sexual assault and harassment on the campus in Lubbock, and even documents detailing how much school money was lost in the Bernie Madoff scandal.
“The only real losers in this ongoing public records fight are the donors, the parents, the students and the fans of Red Raider football,” says Dolcefino. “This is also unfair to Matt Wells, the new football coach. Instead of telling the whole truth and paying Mike Leach what the school owes him, Texas Tech officials would rather force yet another coach to try to win with the curse of the pirate over his head.”
Texas Tech has fired head coach Kliff Kingsbury after his third consecutive losing season. It is the latest setback for a football program that has suffered since the firing of Coach Mike Leach nine years ago.
Tech needs a fresh start. That must include finally paying Mike Leach what the school owes him and burying the hatchet. Leach says he is ready to shake hands once he gets the 2.5 million dollars he is owed, plus interest.
It is also time to tell the truth to Red Raider fans.
“Maybe some Red Raider fans didn’t notice, but I tried to warn you. This collapse, this five-game losing streak came as Texas Tech decided to spend money to fight a judge’s ruling in the Mike Leach case, rather than simply showing Red Raiders the whole truth,” says Wayne Dolcefino, President of Dolcefino Consulting.
Texas Tech is trying to get an appeals court to protect them from showing fans the records because it will prove Mike Leach was set up and cheated.
“We already have proven Tech lied to fans when they promised a thorough investigation of Coach Leach,” says Dolcefino.
Nine years later the university continues to fight to hide the conspiracy now unfolding between former Chancellor Kent Hance and a few powerful regents to fire the winningest coach in school history.
“It is time to end the secrecy and pay the man. It is time to end the curse of the pirate,” says Dolcefino. “I have repeatedly warned Tech. The fans deserve a fresh start.”
Texas Attorney General Ken Paxton needs to recuse himself on the important public records fight heading to the 7th Court of Appeals Wednesday, November 7th in Amarillo.
Dolcefino Consulting has been battling with Texas Tech to get them to finally release public records detailing the firing of former Coach Mike Leach. Leach wants the $2.5 million dollars he is still owed. The controversy continues to cast a shadow over the University.
Texas Tech didn’t like it when a Lubbock Judge told them he could handle the fight. The University wants the Attorney General to decide whether Tech has to release public documents to Dolcefino Consulting that they’ve been hiding from you for nine years.
Here’s the problem. Paxton should be the referee in public hearing cases until he takes a side. Well, guess what? Paxton is siding with Texas Tech to keep secrets from the public. He shouldn’t now be asked to rule on any requests for public information from Tech.
You can’t have it both ways Mr. Paxton!
Tech is a public University. Their records should be public and completely transparent, but Tech has fought our requests tooth and nail, which makes you wonder what Tech is really hiding nine years later. What are they so afraid of?
Dolcefino Consulting will be at a hearing in front of the Texas Appeals Court in Amarillo on Wednesday. This case is a big deal, because it could have significant impact on transparency and what public entities must share with YOU.
Ken Paxton needs to recuse himself from this case. He needs to do the right thing for sake of the public right to know. He should be on your side in this fight, not part of the conspiracy to hide the whole truth.
The stage is set for a showdown over secrecy at Texas Tech University.
The Seventh District Court of Appeals in Amarillo has now set a date of November 7, 2018 for oral arguments in the nine-month long fight over records detailing the investigation and ouster of former Texas Tech Coach Mike Leach.
Dolcefino Consulting won a court victory in Lubbock in June, when State District Judge Bill Sowder refused to dismiss the lawsuit. The Judge suggested Texas Tech was playing “word games” based on Tech’s reasoning behind withholding records on the Leach firing.
“This began with a simple attempt to expose the obvious fact that Texas Tech cheated Mike Leach out of his job and $2.5 million, but now it is much more than that,” says Wayne Dolcefino, President of Dolcefino Consulting, “This is quickly becoming a landmark case about secrecy at a state university. It is become clear that the Texas Tech’s Board of Regents think they are above public scrutiny. They just can’t be allowed to get away with that.”
Texas Tech is not just hiding records of the school conspiracy to cheat Mike Leach. The university has used the fight over the Leach records to hide records of sexual assaults and sexual harassment on campus and details of the money lost in the Bernie Madoff scandal, among other things.
“The fight over the truth about the firing of Coach Leach has exposed the real problem at Texas Tech. They think they are above the rights of donors, parents, and taxpayers to look at their records,” says Dolcefino, “The recent sudden retirement of the Tech Chancellor proves they haven’t learned a thing about transparency.”
In August, Tech Chancellor Robert Duncan abruptly announced his retirement, and since then Tech lawyer Ronny Wall has fought to keep most e-mails sent or received between Duncan and Regent in the days before a secret.
Texas Attorney General Ken Paxton has been asked by Tech to keep the Duncan e-mails a secret at the same time the Attorney General is helping Texas Tech keep other public records a secret.
“This is exactly why we have gone to court,” says Dolcefino, “If the Office of the Attorney General really cared about the public right to know they would be on our side, not working to keep public records a secret. I continue to be intrigued at what Tech is hiding about Leach, Bernie Madoff, and the safety of students on campus. There is a lot at stake in this fight.”
Dolcefino Consulting is represented by Dallas attorneys Michael Hurst and Julie Pettit.
“The Amarillo Court of Appeals will hear argument about important issues regarding the public’s statutory right to act as a safeguard against public corruption,” says attorney Michael Hurst. “We believe that affirming the Lubbock court’s order requiring Tech to disclose these documents serves as a check and balance for the benefit of the students, parents, Coach Leach and public at large.”
Coach Mike Leach billboard appears at Texas Tech on University and 19th street
The same day classes begin at the University, a billboard will go up asking the question “What is Tech hiding?”
Students, faculty and staff driving past the intersection of University and 19th Street will see the familiar set of eyes of Coach Mike Leach.
So, what is Tech hiding? A lot.
Tech recently appealed to the Texas Attorney General to keep secret details of its losses during the Bernie Madoff scandal back in 2009. The University is also involved in litigation with Dolcefino Consulting to keep secret records related to Coach Leach’s firing, Board of Regents emails and sexual harassment incidents on campus.
Last week, Tech fans were shocked to learn Chancellor Robert Duncan was resigning after just 4 years with the University.
Reports are his resignation came after a vote of “no-confidence” by 5 members of the Board of Regents. There’s now a petition asking Governor Greg Abbott to remove regents Rick Francis, Ronnie Hammonds, Christopher Huckabee, Mickey Long and John Steinmetz.
As the scandals at the University continue to pile up…it’s no wonder Texas Tech is fighting so hard to keep public information a secret.
Maybe it’s time the donors start asking questions.
There’s no shame in getting fleeced by the biggest thief in U.S. history. There’s a lot of shame in trying to cover it up.
Texas Tech is now guilty of just that. And they are willing to use school funds that should educate Texas kids, to fight to keep their financial disaster a secret instead.
Tech donors may have been kept in the dark all along.
In 2002, Tech invested in Ariel Fund Limited, an offshore fund managed by Gabriel Capital Corporation, an investment advisory firm. Gabriel Capital turned around and plunked a chunk of Tech’s money with Madoff. Together, Gabriel and Ariel lost around $1 billion to Madoff’s scheme.
How much did the state university lose?
Get this, a full nine years after the money disappeared, the state university thinks no one needs to how much of Red Raider money they lost.
Wait till you hear what their using as their excuse not to come clean.
Tech now wants the Texas Attorney General to give them permission to hide their Bernie Madoff problem because of football Coach Mike Leach.
Their legal argument. Texas Tech wants to hide the details of their Bernie Madoff problem because we are suing the school over records proving the conspiracy to cheat Mike Leach.
The timing of the Bernie Madoff loss may be interesting to Coach Leach fans.
Tech found out just how much money they lost in 2009, just about the time they started plotting to fire Coach Leach and then cheated him out of $2.5 million dollars.
“Aha, I get it, Tech cheated Mike Leach out of his contract to cut their losses to Bernie Madoff,” says Wayne Dolcefino, President of the Houston based Investigative Communications Firm Dolcefino Consulting. “Maybe they learned from Bernie how to cheat the Coach. Every day we uncover more secrets being kept from Red Raiders by the school. It needs to stop.”
It’s impossible to know exactly how much Texas Tech lost with Bernie Madoff. The receiver appointed to get some of the money back has helped get back $14,358.387 to the school, so imagine how much Tech must have lost.
It’s no secret that Dolcefino Consulting is now involved in litigation with Texas Tech, seeking records behind Coach Leach’s firing.
Tech’s secrets are adding up.
They don’t want to give up records detailing their scandalous firing of Coach Leach. They are trying to hide records of sexual incidents on campus. And now they want to hide their Bernie Madoff losses.
The Regents at Texas Tech need to get a handle on this growing scandal. If not, the legislature should.
Texas parents will spend about $100,000 dollars to send their kids for a college education at Texas Tech in Lubbock.
A lot of that money goes to pay the folks who work there. Texas Tech is a state university, so the salary figures are public record.
You know who makes the most money at Tech? Not the Chancellor Robert Duncan, although his $513,000 base salary isn’t chump change.
The highest paid employee is Head Football Coach Kliff Kingsbury at $3.7 million dollars a year.
There are associate professors making more than $300,000 a year, and some professors making more than $400,000 a year. Wonder how many classes they teach?
That’s a lot of money!
Want to see where all this money is going at Texas Tech?
Using that $100,000 number, we asked for a list of all employees at Tech and the Texas Tech System who made $100,000 or more under the Texas Public Information Act. The list includes our friend Ronny Wall, the Associate General Counsel at Tech who has waged a fight to make records about the Coach Mike Leach firing some kind of state secret.
What’s he hiding?
We looked at Tech’s payroll because Mike Leach is still waiting for his paycheck. It’s been nearly a decade since the school fired him and cheated him out of $2.5 million dollars. With interest, it’s about $5 million now. Tech ignored a perfect chance to pay him back in July. Fans waited hours to get Leach to sign books at a Lubbock Barnes and Noble store.
We have posted the salary records on our website, dolcefino.com/texastech. There you can see all the numbers sorted by department, position and compensation.
You should see the names and numbers. It’s your money.