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USA Today sues NU

DuckTownHusker

Blackshirt Sith Lord
10 Year Member
USA Today is arguing that public employees (Frost and Hoiberg) should have their contracts public.

NU is arguing that the contracts ARE public, but their performance metrics are NOT.

I agree with NU. Can you imagine if the metrics were leaked publicly? Let's say Alberts laid out a plan that Frost is fired if we get to 6 losses. If we're at 5 losses, imagine how much hype every future team on the schedule will have! Who doesn't want to put on their resume that their victory is what got another coach FIRED?

I think it's best the metrics start private until after the season.
 

EastOfEden

Junior Varsity
15 Year Member
I suspect that a lot is left to the judgement of the AD in these renegotiated contracts, so while I am a strong believer that public officials' contracts should be a matter of public record, including in cases like these the details, any details would at best be guidance to the AD so what really is a matter of judgement for the A/D might become something different if made public. I'd rather it not and the A/D be given some flexibility w/o a series of stories based on some suggested benchmarks which many will believe are fixed, not suggestions .

My sense has always been that this is fairly loose drafting, and intentionally so. In this unusual case, I'm OK with that.

We'll all know the answer I think - I don't think it will be a close call.
 

Cornjob

Recruit
2 Year Member
USA Today is arguing that public employees (Frost and Hoiberg) should have their contracts public.

NU is arguing that the contracts ARE public, but their performance metrics are NOT.

I agree with NU. Can you imagine if the metrics were leaked publicly? Let's say Alberts laid out a plan that Frost is fired if we get to 6 losses. If we're at 5 losses, imagine how much hype every future team on the schedule will have! Who doesn't want to put on their resume that their victory is what got another coach FIRED?

I think it's best the metrics start private until after the season.
I don’t believe there will be any clauses that result in firing or guarantee retention. That will always be at the discretion of the AD. The performance metrics are about specific goals that guarantee Frost’s one year extension and bump back to his original salary. I’m not sure we’ve been told as much about Hoiberg’s situation.

I’m actually sympathetic to the USA Today argument here. Public employee compensation is supposed to be public record. But I can see how it would not serve the team to have a w/L number be worth a million bucks to Frost and be a media discussion before any given game.

Ultimately this is not a big deal. I bet the details will be known eventually, but I’d prefer if it wasn’t on the week before a prime time game would meet it.
 

Goal-line

Varsity
5 Year Member
I suspect that a lot is left to the judgement of the AD in these renegotiated contracts, so while I am a strong believer that public officials' contracts should be a matter of public record, including in cases like these the details, any details would at best be guidance to the AD so what really is a matter of judgement for the A/D might become something different if made public. I'd rather it not and the A/D be given some flexibility w/o a series of stories based on some suggested benchmarks which many will believe are fixed, not suggestions .

My sense has always been that this is fairly loose drafting, and intentionally so. In this unusual case, I'm OK with that.

We'll all know the answer I think - I don't think it will be a close call.
There is always an “out clause” for both sides.
 
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Power of Corn

Scout Team
10 Year Member
My first though was if they win, have the NU athletic leak it to the OWH & LJS about a week before they have to disclose it to USA today, control the narrative and screw the national media. I completely agree with NU on this.
 

Plague of Crickets

Where am I?
5 Year Member
I don't care either way, but I think NU probably loses this one. Nebraska has an expansive public records law. The Attorney General in 1990 indicated that bonuses can be kept secret, but here's what the law says:

"Neb. Rev. Stat. § 84-712.01 defines public records for purposes of the Public Records Statutes. Under that section, except where other statutes expressly provide that a record shall not be made public, public records are all records and documents, regardless of physical form, of or belonging to the state and its various political subdivisions, departments, boards, and commissions. Under this definition, public records are broadly defined, and the scope of the bodies covered is also wide. Data which is a public record in its original form remains so when maintained in a computer."


The legislature has passed some exceptions, but as far as I can tell, bonuses are not one of the approved exceptions.
 
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HuskerRef

Varsity
10 Year Member
Not sure why USA Today (or anyone else for that matter) cares. If NU is willing to grossly over pay coaches who under achieve at extremely high levels, that's NU's business.......:)
 
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