Central Michigan Life requested and obtained all FOIA submissions to Central Michigan University from July 1, 2009 to Feb. 2, 2010, excluding those it submitted. Forty percent of FOIA requests had to do with the athletics department.

“I think we’re getting more of those in the last few years,” said Kathy Kelly, legal assistant for CMU’s general counsel office and person responsible for handling FOIA requests.

“It seems that the football coach’s contract is the most requested, especially with Brian Kelly leaving,” she said. “That might have something to do with it too. They’re moving on to a bigger and better place.”

Out of the 43 responses, 17 involved athletics. Ten of those requests wanted contractual information involving coaches, and three of those wanted the athletics department budget information. Kelly said since football coach Dan Enos was hired, the general counsel’s office has received “a few” requests for his contract.

Among those who requested information were Campus Conservatives, a few lawyers requesting police records, a reporter from the Associated Press and a reporter from the San Diego Union-Tribune.

Among the requests included were documents from a police report involving stolen ceramic tiles from what is now the Education and Human Services Building in February 2009. Another requested e-mails and other documents sent between university officials regarding Gov. Jennifer Granholm’s visit to campus Nov. 19.

The process

Kelly said most requests come from media organizations and companies looking for directory information – that is, lists of class schedules or student listings.

FOIA requests can be made by anyone, not just companies or traditional journalists, for information a public institution holds. That institution then has five business days to respond with a denial or acceptance. The institution can take one 10-business day extension if the records need more time to be gathered.

Kelly said CMU sometimes needs to take the extension if the documents need to be tracked down.

“We try not to take an extension, just because it may be more work on our end following up with people and trying to get the records,” she said.

CM Life’s request for FOIA requests were prepared at the end of the 10-day extension.

Kelly said other members of CMU are informed of requests when they are made. She said Director of Public Relations Steve Smith and David Burdette, vice president of Finance and Administrative Services, are informed of what information is being requested.

“We’re doing it generally most of the time now, just so they know what’s up,” she said. “It’s not necessarily they have to see anything, but just kind of a change we’ve made just to keep them in the loop in case there are any controversial issues.”

In February, CMU changed who accepts FOIA requests to only the general counsel office. Previously, requests could be made to Barrie Wilkes, associate vice president of Financial Services and Reporting, as well as Bob Martin, associate vice provost of Faculty Personnel Services. Kelly said the change was made to shorten the process of responding to FOIA requests.

A FOIA request made by Central Michigan Life for all FOIA requests submitted to CMU from July 1, 2009 to Feb. 2, 2010 had several pieces of “directory information” blacked out in them. Nine of the 43 FOIA requests had information redacted, nearly 21 percent.

CMU’s explanation for the redactions was to protect citizens from “an unwarranted invasion of their privacy.” CMU also cited the Family Educational Rights and Privacy Act, stating “the names of students and information which would lead to the identification of those students … would prevent the University from complying with (FERPA).”

Carolyn Carlson, assistant professor of communication at Kennesaw State University in Kennesaw, Ga., and chairwoman of the Society of Professional Journalists FERPA committee, said the idea that FOIA requests are educational documents is not what the law is intended for.

“Schools tend to be very creative in the way they misuse FERPA,” she said. “FERPA is to cover education records — grades, that sort of thing.”

Mary Roy, assistant general counsel, said the way CMU interprets FERPA is that all documents at CMU are considered “education records.”

“It’s every single piece of paper,” she said. “Education records are further defined in the Act as anything or any record created or maintained by the institution.”

Carlson disagreed with that interpretation.

“They tend to think that every piece of paper with a student’s name on it is an educational document,” she said. “I’ve never seen that before. That’s a new one on me.”

Dave Cuillier, assistant professor of journalism at the University of Arizona and chairman of the SPJ FOIA Committee, said he sees higher education institutions as being creative in how they apply FOIA laws.

“Universities are notorious for that,” he said.

Roy said the general counsel office is protective of student information that could narrow it down to a specific student. Information requests for items such as the entire freshman class list is not protected, but information singling out individuals students is.

“In this case, there was certainly identifiable information in those documents, so we have to remove it, because we can’t release it without the student’s consent,” she said.

According to the U.S. Department of Education website, “schools may disclose, without consent, ‘directory’ information such as a student’s name, address, telephone number, date and place of birth, honors and awards and dates of attendance.”

Roy said if there’s a question on what to redact, the university will remove information before keeping it public.

“It’s a judgment call sometimes. We would rather be overly protective of privacy-type information, especially in this day in age,” she said. “Because once it’s out there, you can’t get it back.”

Take, for instance, a Facebook group that sent out messages last week, stating the group would protest the final United Apartments leasing party last Wednesday at O’Kellys Bar and Grill, 2000 S. Mission St. The group, “United Apartments Accommodating Landlord or Unruly Tyrant?” claims United Apartments does not treat its tenants fairly.

Well, that “protest” didn’t happen. The morning before, a member of the group canceled the protest. His reason? He didn’t want to affect business at O’Kellys.

In other words, alcohol took precedence over an issue that students seemed to care deeply about.

That is just one example of student apathy across campus.

CMU has changed drastically in the four years I’ve been here. A medical college was started. Tuition has gone up more than 25 percent. Buildings are popping up everywhere across campus.

This is a pivotal time at CMU. Things are changing, and changing fast. Students need to step up and defend themselves against unnecessary tuition increases and the stripping of services.

No matter what anyone says, if students revolt, the administration will listen.

Look at the changes to tailgate. Students refused to attend the CMU-sponsored tailgate in Lot 63 at the beginning of football season because of the changes, and the administration listened, or at least they gave students back their external sound systems, which was a start.

Now is the time to stand up and be heard. The recommended budget cuts haven’t been discussed much publicly. There’s still time for students to have their say.

Just ask those involved with the Leadership Institute, which University President George Ross said will retain its funding. Why did that happen? Because students stood up and told CMU “do not cut this.”

Write a letter to Ross and tell him how you feel. His e-mail is president@cmich.edu.

Unless that beer tells you not to.

City Commissioners discussed proposed cuts to combat the budget deficit of nearly $1 million for the upcoming year.

The only issues the commission could not agree on were raising the city’s millage rate by 0.2 mills and the reduction of two members of the Mount Pleasant Police Department.

The proposal would eliminate one patrol officer and detective, which would reduce costs by about $167,000. The commission seemed to be split on the issues, 3-3. Commissioner Jeffrey Palmer was not in attendance.

“It’s certainly going to slow the operation down, but we’ll do the best we can,” said Director of Public Safety Anthony Gomez. “This is not the Mount Pleasant I worked in 22 years ago.”

He said he would not be comfortable cutting police forces in the city.

If both positions were eliminated, one would remove a vacancy left when former director of public safety Bill Yeagley left the agency in July to take over as Central Michigan University’s police chief.

Commissioner Jon Joslin said city residents should determine the level of police force levels.

“That’s where the comfort level is,” he said.

Firefighter positions

Up to two firefighting positions may also be eliminated under the proposed budget.

One part-time position and one full-time position were proposed to be eliminated, a potential budget reduction of $85,000. The city would also explore the possibility of exploring contracting out fire code enforcement. The city has 17 part-time firefighters.

The commission explored possibly cutting two part-time firefighters, but compromised on just one position. The full-time position would get eliminated through attrition, and the part-time firefighters would be laid off.

Fire Chief Greg Walterhouse said currently, about eight firefighters show up on a call.

“It hasn’t compromised us at this point,” he said.

Vice Mayor Bruce Kilmer said he was not comfortable with eliminating code enforcement completely, especially since City Manager Kathie Grinzinger said inspections have resulted in finding violations across Mount Pleasant.

Commissioner David McGuire said contracting it out may result in finding someone else who is qualified to do the inspections at a lower price.

“There’s got to be a retired Detroit firefighter in town,” he said.

Grand Valley State University President Thomas Haas testified to the House Higher Education Appropriations Committee on Tuesday and said if the state sets the minimum funding for GVSU at $3,775 per student, he will recommend tuition at the university be reduced 5 percent for next year.

“When I was a graduate student at The University of Michigan, the state provided Grand Valley with 75 percent of its operating budget,” he said. “Today, that number is 20 percent.”

Matt McLogan, vice president of University Relations for GVSU, said the school receives about $2,900 per student. McLogan said the minimum amount was set by the state, not the university. He attributed the decrease in funding to two sources: decreases in state appropriations the last eight years and rapid enrollment.

“We’re the least funded per student of the 15 state universities,” he said.

Last week, Eastern Michigan University Regents voted to not increase tuition or room and board, the first time since 1986 a Michigan public university has not raised tuition.

Last week, David Burdette, vice president of Finance and Administrative Services, told Central Michigan Life that EMU’s decision to freeze tuition would not affect CMU’s decision.

The Board of Trustees will decide CMU’s undergraduate tuition at its July 15 meeting.

Lawrence Sych, associate professor of political science, said the decisions made by EMU and GVSU will not have much of an impact on the state budget for higher education.

“It makes no sense to restrain tuition unless the state increases its aid to higher education,” Sych said. “I can’t see them getting a balanced budget this year without them having to take some cuts on the higher education.”

Higher education is one of the few programs in the general budget that can be cut and still function, he said.

“The attitude is, ‘If we cut colleges and universities, they can increase tuition,’” he said.

McLogan said the decision to possibly cut tuition was not affected by EMU’s decision last week.

“Given our unique rank in last place, we don’t have the flexibility of other schools,” he said.

Walter Kraft, vice president of Communications for EMU, said EMU had its students in mind when it planned a zero percent tuition increase.

EMU did not intentionally set a precedent for other universities to follow, he said.

“We are focused on EMU and what’s right for our students,” he said. “We can’t really speak as to what other institutions are doing and what their plans are.”

However, Kraft said he is pleased that GVSU is considering cutting tuition.

“We know this is making a difference. We’re pleased to see the focus and attention on affordability and accessibility,” he said. “We think that goes a long way.”

The Union Township resident arrived at the scene of a fire at the former downtown business Lee’s Bridal Shop, and went in. There were moments it seemed he would never come out.

“I was 30 seconds away from the roof collapsing,” he said. “We got to the bottom of the stairway and the whole thing collapsed in.”

Cook’s first love, however, wasn’t even fighting fires.

He went into something a little less dangerous — cutting hair.

“I decided to go to school for one year to be a barber,” he said. “You make a decent living. You won’t be rich, but you’ll make a decent living. That’s why I do other things.”

Part-time firefighter Bill Cook looks on as a fire house is laid out and carried during a training exercise in April at the former Soaring Eagle Inn and Conference Center. (Jake May/Staff Photographer)

Cook is just one of several Mount Pleasant Fire Department firefighters that work another job. Some of the other jobs members of the MPFD work as include an elementary school teacher and hazardous materials technician.

Cook has worked in the barbershop business since 1983. He worked for his father until he took over Bob’s Barber Shop, 211 W. Michigan St., 15 years ago.

“My dad started (cutting hair) at the university back in 1955 until 1960. Back then, he didn’t have a lot of money. He couldn’t afford to go to a trade school,” he said. “He worked the shop by himself, and he asked me if I wanted to do it.”

Another side of work

Jeff Pickler, a code enforcement officer for Mount Pleasant and former detective sergeant for the Central Michigan University Police of 35 years, has worked as a firefighter for 25 years, 13 for Mount Pleasant and 12 for Fremont and Deerfield townships.

“It’s another side of work I’ve never seen before,” said Pickler, who also was a Central Michigan University Police detective sergeant for 35 years. “We come to the table from all different walks of life and bring a lot of different knowledge to it.”

Cook said he became interested in firefighting when several members of the MPFD came into the barbershop and got haircuts.

Working for himself, Cook said, allows him to be more lenient with firefighting. If he gets a call and does not have a line of customers needing haircuts, he can run out on the call.

“If you work at a state job or a job where you cannot leave your job, you’re only available for 12, 14 hours a day,” he said. “Most of us are available 24/7.”’

Part-time firefighters are required to go on 30 percent of runs, and part-time captains are required to go on 50 percent.

Pickler, a part-time captain, said working for the city as a code enforcement officer allows him to go more freely to fire scenes, as opposed to the CMU Police, where he said would take time off to go on runs.

Fire Chief Greg Walterhouse said the wide range of talent adds to the department. If one is a plumber, he said, they usually help out with the station repairs.

“All of them bring a different experience and expertise,” he said. “And you can draw on that expertise. If you need a small repair at the station, they’ll do that for you.”

Pickler said he once had to set the record straight about working two different jobs. His son’s teacher asked him what his father did for a living, and told her a police officer and a firefighter.

“The teacher said he could only be one or the other,” he said. “So I met with the teacher the next day and gave her a little bit of education.”

The district would be a place where taxes to business owners are reduced for a specific period of time, presumably to encourage business.

City Commissioners held a public hearing at their Monday meeting, where Brian Anderson from P&A Development, LLC spoke in support of establishing the tax abatement district between 560 and 614 Pickard St.

Several commissioners were skeptical of the idea.

“Recent studies have indicated we’ve read too much into them,” said Commissioner Kathy Ling.

The commission voted 5-0 to postpone a decision. Mayor Jim Holton excused himself from the vote, since his business, the Mount Pleasant Brewing Company, is within the proposed district. Vice Mayor Bruce Kilmer was not in attendance.

P&A Development proposed the properties along Pickard Street would become a 12-year, 50 percent tax abatement district.

Commissioner Sharon Tilmann said she supports the general idea of the districts, but was not sure one would be the best idea locally right now.

“I’m at the point where I’ve always supported them … but some of the reports … state that some of these abatements are becoming a thing of the past,” she said. “I do think we owe it to our constituents that we hold ourselves accountable for what we do up here.”

Other business

The commission approved a one-year lease with Airport Road Real Estate, LLC for property currently used by Pohlcat, 6595 E. Airport Road. The leased land, which contains holes 1 and 2 of the golf course, is owned by the city, but is usually leased in 10-year increments. The current lease ends Sunday.

Tilmann had concerns regarding the location of the property, which she said could be within close range of the Chippewa River, which changes the way the city leases property.

“There will be individuals out there that will say it’s a cause for concern,” she said. “They are going to ask, ‘what about the 100 feet of the river?’”

Duane Ellis, director of public works, said there are no issues with the property and the river.

“It’s away from the river,” he said. “It’s not adjacent to that property.”

The commission also postponed approving a loan to Total Eclipse Design, 110 E. Broadway St., through the revolving loan program.

State Rep. Bill Caul, R-Mount Pleasant, said he has drafted legislation that would allow the city of Mount Pleasant to purchase the property located at 1400 W. Pickard St., for less than market value. But still, the environmental and appraisal reports have not been returned to the city.

“We’ve notified (the Office of) Management and Budget about that,” he said.

If the legislation is approved, the city could purchase the property of the former mental institution from the state for as low as $1. If the city sells the property to a private entity, the city could only keep 60 percent of the profits.

“They would have to return 40 percent to the state,” Caul said.

He said the legislation is fully supported by State Sen. Alan Cropsey, R-Dewitt, who represents Mount Pleasant. Caul said Cropsey has no issues with the drafted legislation.

City Manager Kathie Grinzinger said there has not been any formal discussion on the property’s future use.

“We have not drafted a specific master plan for that property,” she said. “I’m sure there are coffeehouse conversations about what could be done. The city has not been contacted by any developers.”

The center closed in September as part of an effort to pair down the state’s budget. The building has been vacant since then, and police have reported several trespassers. The city of Mount Pleasant shut off water in the building in late January.

Grinzinger said the building has some issues, but the environmental report should not contain anything officials do not already know.

“There is asbestos and lead paint in the older buildings,” she said. “We don’t expect to find any surprises.”

Kurt Weiss, public information officer for the state’s office of Technology, Management and Budget, said the environmental report was submitted last month, and the appraisal report was sent Friday to Grinzinger.

“I don’t think that there’s anything in the report that will catch the city off guard,” he said.

But the way the governing bodies are selected shouldn’t be different.

While observing the Mount Pleasant City Commission, I’ve watched the commission debate long and hard regarding decisions that some would consider routine. And because those people are elected officials, they feel that it is their duty to argue and debate. Split votes are not uncommon.

While observing last week’s Board of Trustees meeting, a thought struck me: I don’t think I’ve ever seen a split vote from the Board.

It could come from the fact that the board is entirely appointed by the governor, as opposed to being elected like the boards at University of Michigan, Michigan State University and Wayne State University. Because this board is appointed, there is very little to hold the members accountable.

If the board were elected, that would provide more credibility. It would hold them accountable to the residents of Michigan and not just the governor. Good, competitive discussion would ensue at board meetings instead of unanimous approvals of agenda items that affect thousands of students.

While the governor’s appointee to the boards of the 12 smaller state universities must receive confirmation from the state Senate, most senators won’t go through the process of evaluating appointees because they have more important things to worry about (the state budget comes to mind).

Because of this hastened process, the governor effectively has exclusive control over the 12 appointed boards of the smaller universities.

Having voters decide who runs their universities is better than just allowing a government official appoint them. It holds them accountable to the public. And, at this point in CMU’s history, a little accountability wouldn’t be that bad.

Abood, a teacher at Colin Powell Academy in Detroit, drove from her home in Clinton Township with her father to attend the meeting with some coworkers.

But when she got to Central Michigan University, the president’s conference room in the Bovee University Center was filled to capacity — primarily with supporters of the temporary faculty union.

A CMU police officer stood outside the door and refused entry to anyone after the meeting began.

“I understand they’re at capacity,” Abood said. “I’m just bummed and I drove all the way here.”

Bill Yeagley, CMU’s police chief, said he instructed officers to not let anyone in after the meeting started.

About five people who wanted to attend the meeting stood outside.

Officer William Martinez stood outside the door until 10:16 a.m., when officer David Block took over.

“When it was full, they closed the doors and said ‘Don’t let anyone in,’” Martinez said.

A move in the future?

It is not a requirement for a public meeting to be moved to a bigger venue to accommodate more audience members, according to Attorney General Opinion No. 5183 of the Michigan Open Meetings Act. But it is recommended when possible.

“Where a larger than anticipated group wishes to attend a public meeting, the Open Meetings Act does not require the public body to adjourn the meeting to a larger meeting room, but the public body should exercise reasonable efforts to accommodate interested members of the public, including reconvening the meeting in a larger room where practicable,” the Act reads.

The UC Auditorium and the Rotunda, both rooms with a larger maximum capacity, were available Thursday morning.

After the meeting, Board Chairwoman Stephanie Comai and University President George Ross said moving could be a possibility for future meetings.

“Maybe we should consider moving it to a larger venue,” Ross said.

At 10:43 a.m., several audience members left the meeting, leaving several seats open in the president’s conference room.

Yeagley began allowing the public back into the meeting at about 10:56 a.m.

He said he waited to allow people back in because the noise from people talking in the hallway was disrupting the meeting.

“The board couldn’t hear the president’s report,” he said. “I gave directions to my officers to not let people in (during the presentation).”