Thursday, September 19, 2019

ACC GOR & FSU note

FSU, that resides in an state that by law can't hide legal documents for public institutions ("sunshine laws") has long hid the ACC's GOR.  It was actually signed by FSU in a way that doesn't not meet that law, according to some.

Just a side note to that whole issue below.


https://floridastate.forums.rivals.com/threads/my-current-attempts-to-obtain-a-copy-of-the-gor.27558/


We too often discuss the GoR without having any idea what it actually says. I don't know if FSU has tried to hide it by not actually getting a copy, but it's worth a try to obtain it. I figured some here would be interested so I will continue to post the correspondence in this post with edits and dates of edits for reference. If someone thinks it's worth pinning, that's fine. If not, that's fine. I posted this in the TCCL, too because I knew we could keep a civil discourse, but let's try to keep this one civil, too, even with those posters with whom we disagree on this issue.

I sent this today, 7/21/15:

Hello, I am not a member of the press, so you may not be the right person to whom this should be directed. Please confirm by reply email if you are. If you are not, please let me know and let me know who is. I am copying Carolyn Egan to ensure the General Counsel's office has notice of this request.

This request is being made pursuant to Section 119.07 and all related statutes, constitutional provisions and/or administrative rules.

I would like to obtain a copy of the contract or agreement ("the Agreement") signed or otherwise agreed to by Florida State University ("FSU") or its agents and the Atlantic Coast Conference ("ACC") and/or its individual member institutions in 2013, as well as any amendments to that document. If it helps in identifying this document, it has at times been referenced as the Grant of Rights Agreement and you can see this news link discussing the agreement - http://www.cbssports.com/collegefoo...r/22116192/acc-approving-grant-of-rights-deal. Please note I am identifying the document based on its purpose and effect. I am not suggesting it is titled as I describe it and my failure to identify it by title when I do not have a copy should not cause any delay in complying with this request. If you have any doubt as to identity of the document to which I reference, please let me know and we will get it clear.

I would also like to obtain copies of any and all notes, correspondence, memoranda or other written materials relied upon by FSU in entering into the Agreement. If no such materials exist, I would just like that confirmed.

Finally, if there are any contracts, agreements or other documents showing any other agreements between FSU and the ACC and/or any and/or all of its member institutions containing additional agreed to terms which form the rights and responsibilities of the various parties under the Agreement, I would like copies of those, also.

Thank you in advance for your prompt consideration and response to this statutory request. Compliance by mailing physical documents to my work address at **** , Tallahassee, Florida 32301 or by emailing .pdfs is sufficient.

Sincerely,


[Allnoles]

____________________________________________________________________

Ok, I decided as long as we are at this, we may as well find out what exists as to the ND Agreement. Too many claim there is some long term agreement to have ND join. I would like to know if there is any basis whatsover for that claim.

Sent this am, 7/22/15 -

Hello, I am not a member of the press, so you may not be the right person to whom this should be directed. Please confirm by reply email if you are. If you are not, please let me know and let me know who is. I am copying Carolyn Egan to ensure the General Counsel's office has notice of this request.

This request is being made pursuant to Section 119.07 and all related statutes, constitutional provisions and/or administrative rules.

I would like to obtain a copy of the contract or agreement entered in 2012 between the Atlantic Coast Conference ("ACC") and/or its member institutions and the University of Notre Dame ("ND"). I will refer to this as the "ND Agreement" herein, but my titling of the document is for reference only and should not limit FSU's response solely to documents with that as an official title. This request includes any amendments to the ND Agreement. If there is an confusion as to what I refer, you can see this link for a news story on the deal - http://espn.go.com/college-sports/story/_/id/8369070/notre-dame-sports-football-hockey-acc. If there are still any questions as to what I refer, please let me know immediately and we will get it cleared up.

I would also like to obtain copies of any and all notes, correspondence, memoranda or other written materials relied upon by FSU in voting for the ND Agreement as an ACC member institution. If no such materials exist, I would just like that confirmed.

I would also like to obtain copies of any and all notes, correspondence, memoranda or other written materials generated by any FSU agent or employee (whether internally within FSU or sent to anyone outside of FSU) in discussing, evaluating, analyzing or otherwise considering the ND Agreement, before or after the vote as an ACC member institution. If no such materials exist, I would just like that confirmed.

Finally, if there are any contracts, agreements or other documents showing any other agreements between ND and the ACC and/or any and/or all of its member institutions containing additional agreed to terms which form the rights and responsibilities of the various parties under the ND Agreement, I would like copies of those, also.

Thank you in advance for your prompt consideration and response to this statutory request. Compliance by mailing physical documents to my work address at ***, Tallahassee, Florida 32301 or by emailing .pdfs is sufficient.

Sincerely,

[Allnoles]


___________________________________________________________________________

Response to both is the same for now, am 7/22/15 -

Mr. ***,

This is to confirm that we have received your public records request. It has been provided to the General Counsel’s office for processing, per our normal protocol. We will be in touch.

Regards,
Browning

AllNoles, Jul 21, 2015
Last edited: Jul 22, 2015



I did not pursue the ACC/ESPN side of things. I could have made it really ugly given the legal issues involved, and it would even be fun to take the depos of the folks involved, but the more I thought about it, the more I thought it would ultimately hurt the school badly just to satisfy intellectual curiosity. I chose not to do that. I will say it is interesting to me that the GoR (we call it that but it's just the conference membership agreement of which the GoR is a small, but critical, part) does not seem to have any obligations back from the conference to the member schools in terms of what is expected in any ACC/ESPN deal. In other words, I don't see any basis to claim breach of the ACC contract based on failure to meet some minimal standard with the media issues. In fact, the term ACCNetwork is not even in the ACC contract FSU signed.

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