[Lee A. McElroy, Jr.’s] retirement was announced — abruptly and rather clumsily — this past Monday through an email from the school to the media. […]
[McElroy] isn't the kind of guy who'd ask for a dog and pony show to celebrate his own achievements. [...]
[UAlbany President] Jones released a statement — a flattering one, at least — and declined further comment.
Of course, it’s hardly a secret that McElroy and Jones aren’t good buddies, and during a wide-ranging interview Friday, McElroy again declined to discuss his relationship with the president, saying simply, “I’m not going to address that.”
Iorizzo, Pete. "Lack of a plan chased McElroy." Albany Times Union. June 21, 2014: B1, 9.
As per usual, no mention in the article of the conflicts of interest involved with the Times Union's history and Times Union publisher and UAlbany Foundation Board of Directors President George Randolph Hearst's history with athletics misadventures at UAlbany, naturally. Also, what of the NCAA violations under McElroy, sexual assaults by athletes, hazing by athletes, skyrocketing athletics costs, etc.?
The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp […] The Giants put the Capital Region on the map and hopefully in the big picture it will generate revenues. […] the Giants training camp fell short of economic expectations […] local business owners, who had hoped out-of-town Giants fans would spend money by eating, shopping and drinking locally, said last summer that business was much slower than expected. Many also said fans didn't come from great distances to watch the team practice. […] Because the Times Union covers the University at Albany, its sports programs and the Giants summer camp, there's a possibility for conflict of interest […] "We simply talk about this a lot and do our darndest to prevent it" […] University at Albany President Dr. Karen Hitchcock said no university money will be used to offset the costs to have the Giants train at the university.
Bryce, Jill. "Giants camp gets new backers." Daily Gazette [Schenectady, NY]. July 19, 1997: B6.
Vice President [Lee] McElroy indicated that some student athletes, who may not be prepared academically, such as students of color, may be looking for less rigorous majors and there may be a tendency for clustering in certain academic areas.
University Senate Executive Committee, Monday; April 26, 2010 3:30-5:00 PM, http://www.albany.edu/04-26-10_SEC_Minutes_(rmr).doc
Photographs suggesting hazing and underage drinking by members of the University at Albany women's lacrosse team have surfaced on the Internet, the second time in two weeks a local college team is facing questions about the off-the-field behavior of its athletes.
Singelais, Mark. "Web ensnares UAlbany team." Albany Times Union. June 1, 2006: C1.
The University at Albany's Division I athletic program was placed Tuesday on two years' probation after its baseball and football teams violated an NCAA ban on text-messaging recruits.
The NCAA, the governing body of college athletics, said UAlbany had committed ''major violations.'' But the NCAA agreed to accept the school's self-imposed punishment and refrained from further sanctions.
Singelais, Mark. "UAlbany on NCAA probation." Albany Times Union. January 28, 2009: A1.
"Self-punishment" for major violations is BS. Getting bumped back down to Division III might make more sense (and might lower tuition costs and crime, while raising academic standards).
The State University of New York (University) ensures that its officers and employees take and file an oath of office in compliance with the Constitution of the United States and the Constitution and statutes of the State of New York."
Oath of Office procedure item requirement. http://www.suny.edu/sunypp/documents.cfm?doc_id=546
In 2000 Lee A. McElroy, Jr. was appointed as University at Albany Vice President for Athletic Administration and Director of Intercollegiate Athletics. The NYS Department of State found no oath of office on file for him, which would seem to indicate that Mr. McElroy legally vacated his office back in 2000.
McElroy was given an award, despite the NCAA violations, sexual assaults, hazing, etc. by the National Association of Collegiate Directors of Athletics - a few years after he'd been that association's president. Iorizzo wrote that McElroy's not one to toot his own horn, but that award came pretty close.
Albany's McElroy to be Inducted into the John McLendon Minority Athletics Administrators Hall of Fame" http://www.nacda.com/sports/mclendon/spec-rel/111511aaa.html
From: Christopher Philippo
Subject: induction of Lee McElroy
Date: March 15, 2013 at 3:02:34 AM EDT
To: [Bob Vecchione, National Association of Collegiate Directors of Athletics]
I'm a little puzzled by the induction of Lee McElroy into the John McLendon Minority Athletics Administrators Hall of Fame in 2012. There's been a number of problems in the athletics department at UAlbany, e.g. an alleged gang rape of a woman by several UAlbany football players which UAlbany failed to report to the Albany County District Attorney until the media reported it to the DA and thus forced UAlbany's hand.
"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."
Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244 (emphasis added)
A Memorandum of Understanding (MOU) with the Albany County Sheriff's Office, like N.Y. EDUC. LAW § 355 (2) (l) seems to require, might avoid the problem of SUNY PD choosing to ignore the DA's office's advice to contact the DA's office when they have a case, even prior to an arrest, something ex-athlete, ex-coach Wiley stated he'd never done in his (at that point) ten years there. No such MOU exists, naturally, even seven years after that case.
There's a number of other such serious concerns, and legal ones. Mr. McElroy evidently failed to swear and sign an Oath of Office to the NY and US constitutions with the NYS Secretary of State as legally required http://www.suny.edu/sunypp/documents.cfm?doc_id=546 UAlbany really ought to have told you that, I think, as they ought to be well aware of that problem.
Mr. McElroy would seemingly thus have vacated his office back in 2000 under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law:
"This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power"
Mr. Wiley likewise appears to have failed to do what he was legally required and likewise would seem to have legally vacated his office years ago. The same appears to have been true of "President" George M. Philip and others, despite some at UAlbany having multiple Oaths of Office on file and despite it being a law that's rather easy with which to comply, unless one doesn't agree with the oath to do the job to the best of one's ability, or if one finds the NY and US constitutions objectionable I suppose.
Sincerely,
Christopher K. Philippo
---
“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok
---
"the safety of our students and the security of our campuses is our top priority"
"Statement from Governor Andrew M. Cuomo." Press Releases. September 13, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats
---
"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" 20 U.S.C. § 1092(f) (17)
"Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection."
Begin forwarded message:
From: "Wilbard, Helen (DOS)"
Subject: FOIL
Date: October 11, 2012 12:25:45 PM EDT
To: Christopher Philippo [...]
October 11, 2012
Mr. Christopher K. Philippo [...]
Dear Mr. Philippo:
This is in response to your October 9, 2012 Freedom of Information Law (FOIL) request regarding oaths of office for:
1) Jeanette Altarriba
2) Michael W. Barberich
3) Paul M. Berger
4) Christine Bouchard
5) Karen Chico Hurst
6) Sue R. Faerman
7) Thomas L. Gebhardt
8) Thomas J. Kilcullen
9) Lee A. McElroy
10) Clarence L. McNeill
11) Tamra Minor
12) Aran C. Mull
13) John M. Murphy
14) George M. Philip
15) Susan D. Phillips
16) John H. Reilly
17) Janet M. Thayer
18) J. "Frank" Wiley
19) Edelgard Wulfert
Your request has been completed and consists of sixteen (16) oaths; one for Jeanette Altarriba; one for Michael W. Barberich; one for Paul M. Berger; two for Karen Chico Hurst; three for Clarence L. McNeill; one for Tamra Minor; one for Aran C. Mull; one for John M. Murphy; two for Susan D. Phillips; one for Janet M. Thayer; and two for Edelgard Wulfert. The Department of State found no oaths for the others listed above. Copies are provided at a cost of fifty cents ($.50) per page. Please remit a check or money order made payable to the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 in the amount of $8.00 and return it along with a copy of this letter. If payment is not received within 30 days of this correspondence, the Department will deem that the request has been withdrawn.
Sincerely,
Helen Wilbard
Assistant Records Access Officer
HW:srw
No comments:
Post a Comment