Luebbert's e-mails offer insight into MOHELA spat
By: Andy Dierker
Issue date: 11/16/06 Section: News
At the heart of the ongoing Missouri Higher Education Loan Authority saga was a Jan. 24 teleconference that was supposed to have been closed to the public.
But according to depositions taken during a lawsuit against MOHELA as reported in the St. Louis Business Journal, former MOHELA Chairwoman Karen Luebbert was sending e-mails to a lawyer in the Missouri Attorney General's office during the meeting. Luebbert, who is also a vice president and executive assistant to the president at Webster University, wrote she was shocked at what was occurring.
"You would not believe what is happening," Luebbert wrote to Assistant Attorney General Ronald Molteni.
The board's other members, many of whom supported Missouri Gov. Matt Blunt's controversial plan to sell off portions of MOHELA's assets to finance building projects at state universities, had moved to put the meeting in closed session. They then voted to fire Michael Cummins, the loan authority's executive director.
Luebbert had contacted Molteni the day before to ask him about the legality of the asset sale. So when Molteni called Cummins and told him he was to be fired, Luebbert felt betrayed.
"He is an attorney, and while there may not have been a formal attorney-client privilege, we had been discussing matters," Luebbert said in the deposition. "I believed those matters were confidential … certainly as a lawyer, he should have known better."
During their e-mail conversation, Molteni asked Luebbert if the board was discussing anything that would require them to open the meeting to the public. Luebbert told Molteni the meeting was still closed, but didn't indicate whether she thought that was appropriate or not.
Molteni's questions foreshadow concerns by Attorney General Jay Nixon's office - concerns that culminated in a lawsuit against MOHELA for allegedly violating Missouri Open Meetings and Records laws. Those laws state that quasi-governmental bodies such as MOHELA must post adequate notice of meetings and provide a forum for the public to voice their concerns.
But according to depositions taken during a lawsuit against MOHELA as reported in the St. Louis Business Journal, former MOHELA Chairwoman Karen Luebbert was sending e-mails to a lawyer in the Missouri Attorney General's office during the meeting. Luebbert, who is also a vice president and executive assistant to the president at Webster University, wrote she was shocked at what was occurring.
"You would not believe what is happening," Luebbert wrote to Assistant Attorney General Ronald Molteni.
The board's other members, many of whom supported Missouri Gov. Matt Blunt's controversial plan to sell off portions of MOHELA's assets to finance building projects at state universities, had moved to put the meeting in closed session. They then voted to fire Michael Cummins, the loan authority's executive director.
Luebbert had contacted Molteni the day before to ask him about the legality of the asset sale. So when Molteni called Cummins and told him he was to be fired, Luebbert felt betrayed.
"He is an attorney, and while there may not have been a formal attorney-client privilege, we had been discussing matters," Luebbert said in the deposition. "I believed those matters were confidential … certainly as a lawyer, he should have known better."
During their e-mail conversation, Molteni asked Luebbert if the board was discussing anything that would require them to open the meeting to the public. Luebbert told Molteni the meeting was still closed, but didn't indicate whether she thought that was appropriate or not.
Molteni's questions foreshadow concerns by Attorney General Jay Nixon's office - concerns that culminated in a lawsuit against MOHELA for allegedly violating Missouri Open Meetings and Records laws. Those laws state that quasi-governmental bodies such as MOHELA must post adequate notice of meetings and provide a forum for the public to voice their concerns.
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