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re: "We do not believe that the IHL Board was justified in its decision"

Posted on 3/24/15 at 10:44 am to
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 3/24/15 at 10:44 am to
quote:

The Board shall have the
power and authority to terminate any such contract at any time for malfeasance,
inefficiency, or contumacious conduct, but never for political reasons.



Does this mean the Board has to reelect Jones if there is no evidence of "malfeasance, inefficiency, or contumacious conduct?" Or does it only mean the Board can fire him at any time for those reasons? For what it's worth, "contumacious conduct" means "willfully stubborn and disobedient conduct" that is "commonly punishable as contempt of court."

There is also another provision to consider. The Board "shall...reelect [all officials] during the period of satisfactory service." Does that mean the Board can fire Jones if they find that his service is unsatisfactory?

Unless the IHL review setup is somehow different than other administrative bodies (I can't imagine how it could be, but I just don't know), I think this will end up being resolved in court. The question is which standard applies: the "malfeasance, inefficiency, or contumacious conduct" standard, or the "satisfactory service" standard? I think it has to be the first standard. The second one is too vague and subjective. If that's how it ends up, Jones will probably have a pretty good argument that the Board's decision was not supported by substantial evidence.
Posted by TMRebel
Oxford, MS
Member since Feb 2013
5395 posts
Posted on 3/24/15 at 10:49 am to
The board essentially presented their in-court argument yesterday when going through the gamma knife and whatever else accusations with UMMC. That seemed pretty flimsy.
Posted by ABearsFanNMS
Formerly of tLandmass now in Texas
Member since Oct 2014
17442 posts
Posted on 3/24/15 at 1:10 pm to
So other than the Gamma Knife (acquisition of had to approved by the IHL) what other specific examples at UMMC were given?
Posted by GoodOleArchieWho
Oxford, MS
Member since Mar 2013
264 posts
Posted on 3/24/15 at 1:27 pm to
Don't normally read the Huffington Post but this article was shared with me. It's written by Ronnie Musgrave and has an interesting take on the situation.

LINK
Posted by Grateful Reb
Member since Apr 2011
8070 posts
Posted on 3/24/15 at 2:52 pm to
This isn't addressed specifically to you Archie, you just happen to be the last post. Anyways..

Is there any recourse or way to reverse this? Minus your personal feelings towards Dan, objectively speaking, it's hard to argue with the progress the man has made for the University. Now one could make an argument that perhaps these things would have happened with various other people in the role, but essentially, the man got the keys to a Porsche and not only did he not wreck it - he made some upgrades IMO.

If there's a better man for this job, then I'm all for bringing him on. I'm just concerned that this committee would so abruptly oust a man who was moving the ball forward for the University I love. My worst fear is that they put some "yes man" bitch in there that makes decisions motivated by politics, and not what is in the best interest of Ole Miss.
This post was edited on 3/24/15 at 3:11 pm
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 3/24/15 at 3:31 pm to
quote:

Is there any recourse or way to reverse this?


Jones can appeal the decision. I haven't found any cases involving an appeal by a university chancellor (probably because they have always been allowed to retire, as far as I know), but other employees have the right to appeal. A chancellor shouldn't be any different.

He'll have to go through circuit court first. Depending on how that goes, he can appeal to the Mississippi Supreme Court.

A court can reverse the decision if it wasn't supported by substantial evidence, it was "arbitrary and capricious," the board didn't have the authority to make the decision, or the board violated Dr. Jones's statutory or constitutional rights.

Hall v. Board of Trustees of State Institutions of Higher Learning, 712 So. 2d 312, 318 (Miss. 1998).

A decision is "arbitrary and capricious" when there wasn't really a reason for it - as though the board just did whatever it wanted to do without any real justification.

Dr. Jones might have a pretty good case. There are no guarantees, though. It's impossible to predict.
Posted by silenth69
New Orleans
Member since Jan 2013
649 posts
Posted on 3/24/15 at 4:30 pm to
My understanding is that it is an expiring contract and that all they really decided was not to extend. He wasn't fired or terminated. Not sure those facts would lead to any court being able to intervene.
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 3/24/15 at 4:57 pm to
quote:

My understanding is that it is an expiring contract and that all they really decided was not to extend. He wasn't fired or terminated. Not sure those facts would lead to any court being able to intervene.


That goes back to my earlier question about which standard applies. The relevant statute says that a contract "shall" be renewed if the person provides "satisfactory service." I would imagine it would be up to the board to provide substantial evidence that they didn't renew Dr. Jones's contract because his service was unsatisfactory.

Since Dr. Jones wasn't fired, the board wouldn't have to prove "malfeasance, inefficiency, or contumacious conduct."

Regardless of the standard that applies, there is going to be some form of appellate review. If he chooses to do so, Dr. Jones is entitled to argue that the board didn't properly apply the language of the statute. So a court wouldn't necessarily be intervening - it would be performing its proper "checks and balances" function by reviewing the board's application of the statute enacted by the legislature.
Posted by SwayzeCrazy
Member since Jan 2015
3260 posts
Posted on 3/24/15 at 9:08 pm to
Posted by UMRealist
Member since Feb 2013
35360 posts
Posted on 3/24/15 at 9:14 pm to
quote:

University of Mississippi Medical Center officials on Tuesday defended it from criticism by state College Board officials, who cited problems with UMMC in their decision not to renew the contract of Ole Miss Chancellor Dan Jones.

"I'm proud of the medical center," said Dr. James Keeton, the former vice chancellor. "We're very transparent about what we do."

UMMC informs the board as well as the legislative and executive branches, he said.

Over the past five years, UMMC has handled $7 billion, Keeton said. "There has never been any malfeasance or fraud. There has been no loss of money."

In a letter Tuesday, all 22 chairs at UMMC's medical school called on the state College Board to reverse its decision, saying the medical center is "in very strong financial shape and reinvests all of its excess revenue in improving the health of the citizens of Mississippi."

In defending the board's decision for ousting Jones, Alan Perry, vice president of the board, accused UMMC of not being "very efficient."

Dr. LouAnn Woodward, vice chancellor of UMMC and dean of the medical school, said the institution has invested $100 million since 2010 to improve business practices, including electronic bookkeeping, which now includes contracts.

Prior to 2012, UMMC kept all its records on paper, and each department operated independently at times, Keeton said. "There was some sloppiness under the paper model prior to 2012."

A board-ordered review found 32 contracts of more than $250,000 in which UMMC had failed to get board approval.

Keeton responded that some of those contracts were UMMC's internal departments doing business with each other and that UMMC didn't realize at the time that the board had to be informed. There were also federal contracts that UMMC didn't realize the board had to be informed about, he said.

He talked as well about emergency contracts that UMMC signed then and now for immediate health care needs. For instance, UMMC had to order an extra portable heart-lung machine from Nashville, he said. "I signed the contract in the truck."

Perry said UMMC had failed to produce documents related to contracts being questioned.

UMMC officials say every contract now is available electronically.

Perry singled out a gamma knife — a piece of sophisticated medical equipment used to operate on brain tumors — UMMC bought but had never installed.

"That suggests an organization is not very efficient," Perry said. "It showed problems had existed for years."

Keeton said when UMMC sought in 2009 to get state Health Department approval for a linear accelerator, which was purchased with the knife, other hospitals fought them. In 2012, the state Supreme Court ruled in UMMC's favor.

The original plan was to locate the knife at UMMC, but because of the immense weight, the knife is being moved to the Jackson Medical Mall, Keeton said.

Both Keeton and Woodward said claims that UMMC is inefficient is simply false.

In 2003, UMMC was a $500 million operation. Now it's three times that size with 9,600 employees and 3,000 students — all from Mississippi.

So far this fiscal year ending in July, UMMC has a "profit" of about $35 million, Keeton said. "We're touted nationally for what we're doing."

Sally O'Callahan, associate director of contract administration, said UMMC has paid for the state College Board reviews.

The first, by a local accounting firm, cost about $230,000, she said. UMMC has yet to get the bill for the latest review, done by a national firm out of Chicago.

Perry portrayed Jones as standing in the way of changes at UMMC, but Woodward said Jones was the one who started the transformation of UMMC as vice chancellor there.

"Dr. Jones made more changes than we had experienced in previous 20 years," she said. "He put in a new management team ... and brought about tremendous culture changes. To say no changes were made is not true."
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 3/25/15 at 12:00 am to
So, essentially it is a lifetime appointment. Just like a federal judge.

I guess he is coming back.
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 3/25/15 at 11:23 am to
quote:

So, essentially it is a lifetime appointment. Just like a federal judge.

I guess he is coming back.


I get the impression that you're being sarcastic, but I'll respond since it's possible that you aren't.

I respectfully disagree that the chancellor's position is essentially a lifetime appointment like a federal judge. After their confirmation, federal judges don't have to deal with an administrative body that votes whether to retain them every four years. And there are no federal statutes that provide a standard as to whether that administrative body should retain a federal judge.

I have no idea whether Dr. Jones would actually get any relief in court. I just feel certain that he has the right to appeal the board's decision.
Posted by SwayzeCrazy
Member since Jan 2015
3260 posts
Posted on 3/25/15 at 1:18 pm to
Posted by TMRebel
Oxford, MS
Member since Feb 2013
5395 posts
Posted on 3/25/15 at 1:19 pm to
I walked by when I was going to the union for lunch. I was impressed.
Posted by gamemc
Member since Jan 2013
913 posts
Posted on 3/25/15 at 1:29 pm to
Sorry if Germans but had to share

Dr. Jones is Gonna Cut You With His Gamma Knife
Posted by ABearsFanNMS
Formerly of tLandmass now in Texas
Member since Oct 2014
17442 posts
Posted on 3/25/15 at 2:30 pm to
IMO the facts hat to the IHL board is using UMMC as "cause" for a non-renewal is a either a smoke screen or proves they have no idea how the hospital industry operates. I have working with them for almost a decade and the institution has made tremendous strides over that time. Additionally, I have the luxury of being able to compare their overall efficiency to other academic medical centers regionally. I would say that over the past 3 years they have been 1 of the most efficient in the region. I would go so far as to say one of the biggest limitations to making the institution more efficient is the IHL approval process and State purchasing laws, which are more geared towards acquiring tractors as compared to medical technology. The combined process completely hamstring their ability to negotiate at a local level and hurts their ability to acquire cutting edge technology in a timely manner. Both of which makes it hard to recruit top level talent and treat the state's patients!
Posted by Grateful Reb
Member since Apr 2011
8070 posts
Posted on 3/25/15 at 3:41 pm to
Matt Wyatt tweeted this morning that the IHL had reversed its decision. A lot of buzz from other sources as well.

LINK
This post was edited on 3/25/15 at 3:43 pm
Posted by UMRealist
Member since Feb 2013
35360 posts
Posted on 3/25/15 at 5:07 pm to
That's the word.
Posted by DownSouthJukin
Coaching Changes Board
Member since Jan 2014
27172 posts
Posted on 3/25/15 at 5:17 pm to
quote:

gamemc


Posted by Grateful Reb
Member since Apr 2011
8070 posts
Posted on 3/25/15 at 9:37 pm to
The more I read up on this, the more it pisses me the frick off.
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