Archives for May 2009

UI cuts big check for ‘Chief Inspiration Officer’

From the Moscow-Pullman Daily News

Deans, faculty disagree on value, necessity of independent contractor’s work

By Halley Griffin, Daily News staff writer
Posted on: Saturday, May 30, 2009

Magaly Rodriguez lives in Minnesota and occasionally travels to the University of Idaho to serve as an independent consultant and “Chief Inspiration Officer.”

The UI pays her $12,500 a month for her services, according to public records obtained by the Daily News.

Rodriguez is held on retainer by the UI, on a nine-month appointment that expires in June. The contract totals $112,500 and was signed during the same academic year that state holdbacks forced the UI to cut about $3.8 million from its budget.

She spends anywhere from zero to 10 days in Moscow per month, according to the contract between Rodriguez and the UI.

Deans and other administrators say the retainer with Rodriguez and consulting company Volentum is well worth the money spent, but the faculty who have participated in their workshops tell a different story.

While one dean praised the calming effect of the sessions, a professor likened them to “being sedated.”

Provost Doug Baker said Rodriguez’s consulting is one tool in adopting the university’s strategic plan.

He said she is “absolutely” worth the money.

“She’s helping us reshape our culture,” Baker said.

Rodriguez said she helps do that by building “global peacemaking communities,” and she claims to have coined the term “peacemaking.”

“If you want to know kind of really what I do, I’m interested in building communities,” she said in a phone interview Friday.

College of Science Dean Scott Wood called on Volentum’s services this February, when the university was considering the elimination of its undergraduate degrees in physics.

Rodriguez stepped in to facilitate a two-day workshop that ultimately helped save the program.

“We obviously got to a resolution,” Wood said. “I’m not convinced we would have gotten there without Magaly’s help.”

He said he’d bring her back “in a heartbeat.”

But physics professor Francesca Sammarruca wrote in an e-mail that she felt the workshop focused mainly on sharing feelings and resolving personal conflicts, while the problem facing the physics department did not arise from interpersonal conflicts.

“When I heard of a workshop with a professional facilitator, I was expecting a roundtable with a neutral moderator (who is knowledgeable in physics, science, and institutional planning). That would have been a format appropriate to the circumstances,” she wrote.

“The point is that her services cannot help with problems such as ours. The problem arose from a hasty decision. That decision needed to be discussed openly and thoroughly between the people involved in a (moderated) professional meeting, and at a much lower cost.”

Such retainer is “outrageous,” Sammarruca wrote, especially when everyone is being told to save money and resources where they can.

“That kind of money can support (seven) graduate students each month,” she wrote. “That’s a way to really help a department.”

Rodriguez’s travel, lodging and meal expenses are paid for by the university, but deducted from the $12,500 she receives monthly.

In fact, she takes home more pay during the months when she does not visit the university in person, and consults with administrators via telephone instead.

Baker has employed Rodriguez on an independent consulting basis for more than a year.

She and Volentum have signed one-time contracts for amounts from $10,000 to $15,500 for workshops that took place prior to the start of her retainer contract.

The $12,500 isn’t the sole cost each month. For each workshop there also are refreshments to be purchased and equipment to be rented.

One day’s lunch at a workshop for deans and administrators in May 2008 cost the UI $1,078.74.

But Baker said it is typical for a university to spend this kind of money on independent consultants.

“I think the university brings in that expertise on a variety of things,” he said. “You sometimes want to have (someone) on retainer for a period of time, and you do that to bring expertise that you don’t have.”

Baker said he does not yet know whether the contract with Volentum will be renewed after June. That decision will depend on the university’s budgetary capabilities.

Patricia Hartzell has been through about three Volentum workshops with the department of microbiology, molecular biology and biochemistry.

“I’m really perplexed as to what (administrators) thought the outcome would be, how it would change our life. Because it didn’t,” said Hartzell, a professor in the department. “I think they think they were successful.”

Many other faculty members interviewed for this story declined to be quoted, citing “fear of retaliation.”

Although they did not want their names used, their stories were the same. The consensus among them is Rodriguez is “a lovely person,” and is good at what she does. They question, however, her necessity to the university.

Faculty both on and off the record agree on another point: they feel patronized, and said the real issues are being swept under the carpet.

“The workshop reminded me of the “I’m OK, you’re OK,” workshops back in the 1970s. It focuses on improved relations, rather than solving problems,” computer science professor Paul Oman wrote in an e-mail. “The department members get along better, but we still have the same fundamental problems because all we do is agree to disagree rather than move in one direction for the good of the department.”

Licensed psychologist W. Rand Walker said the field has advanced significantly farther than the Volentum materials that he has reviewed.

“It is reminiscent of techniques that were developed in the 1960s by Carl Rogers and other humanistic psychologists,” said Walker, who has published materials on communication and therapeutic techniques. “It is also the same techniques that are used in ‘Natural Helpers’ programs that are used with junior high school students.”

Walker said the role consultants play in a university setting is important and shouldn’t be diminished.

“There are legitimate places for this, but you don’t pay $112,000 for it,” he said.

The computer science department had its first Volentum workshop in early 2008. Minutes from a faculty meeting last March summarize departmental reactions to the two-day retreat.

“While there appeared to be a general consensus that the retreat was beneficial, there were considerable mixed reactions to the specifics of the retreat,” read the minutes.

Specific comments reflect positively on the communication tools taught by Rodriguez, but include questions such as “Now what?” and “Can we address the real problems without her?” Faculty in numerous departments that have participated in Volentum workshops have said they feel the same way.

“I thought and I still think that she is a very nice woman and what she says is good information,” Hartzell said. “But I don’t think it solved our problems.”

Baker, however, believes most people have enjoyed and benefitted from their experiences with Rodriguez.

“I suspect you do have some sample bias,” he said. “My assessment is she’s done a pretty successful job.”

From the Moscow-Pullman Daily News

Health and Welfare told to stop posting inspection reports

From the Times-News

Feds say state was violating law

By Nate Poppino
Times-News writer

Among its other tasks, the Idaho Department of Health and Welfare inspects the state’s nursing homes, hospitals and other entities on behalf of the federal government.

Since 2006, Health and Welfare has posted its inspection reports on its Web site for public review. But those postings have stopped after the federal Centers for Medicare and Medicaid Services warned Idaho it was violating federal law.

In an April 30 memorandum to all state survey agency directors, CMS Survey and Certification Group Director Thomas E. Hamilton reiterated the process for releasing facility surveys under the Freedom of Information Act – requiring requests in writing, and allowing the documents to be released as long as nothing identifies individual patients and staff and pursuant to certain timelines and review.

On Friday, CMS regional spokeswoman Stephanie Magill said those specifications have also led Medicare to restrict posting the surveys and correction plans to the Internet. Some states – including Idaho – regularly posted the documents, while others didn’t. Now all states are consistent, she said.

Idaho officials aren’t pleased with the change. Health and Welfare spokesman Tom Shanahan said Thursday that the department has appealed the change, and spokeswoman Emily Simnitt said Friday afternoon that officials are still waiting for a response from CMS. Meanwhile, she said, further postings of all inspections on behalf of the federal agency are on hold.

“At this time, we are doing what CMS has asked us to do,” Simnitt said.

Federal regulations were previously silent on how public records requests for the surveys should be made, Magill said. For now, documents will be kept at central locations in each state and can be specifically requested in either physical or digital form.

One long-time administrator in the nursing-home and assisted-living industries said Friday that taking the surveys off the Internet may be a good thing. Scott Burpee, a current partner in Safe Haven Health Care, said that just enough information exists in nursing-home reports for someone familiar with a home to identify the patients involved in a case. That opens the door to possible patient-privacy violations, he said.

The Web postings also hold “marginal value” for families evaluating possible homes, Burpee said, noting that facilities are supposed to make recent reports available on-site and that a site tour is much more valuable than an inspection report that may lack needed context. It’s the same reason, he said, that administrators often aren’t fond of facility-rating Web sites developed by CMS.

“None of the way the survey was designed was for that,” Burpee said of publishing the documents.

It’s not clear what CMS has in mind for dealing with the Internet and survey documents. Magill wasn’t sure Friday if the agency is reviewing the issue, and said she was still waiting for more details from her central office. Hamilton’s memo states that more detailed information on its contents “will follow in the near future.”

From the Times-News

Trespassing GOP official gets a light sentence

From the Idaho Statesman

The judge says he can’t legislate from the bench, but doesn’t consider Pentico a threat.
BY DAN POPKEY – dpopkey@idahostatesman.com
Published: 05/12/09

The Republican Party’s libertarian wing is criticizing the conviction of a Mountain Home GOP official who defied a police order to stay away from Idaho Gov. Butch Otter’s office.

“Idahoans for Liberty,” a group including organizers of recent Tea Party events and backers of Texas Rep. Ron Paul, marched from the sentencing hearing Monday to Otter’s office.

The group said Elmore County Republican Vice Chairman Christopher Pentico’s rights to petition the government and to speak freely were violated. They asked Otter to pardon Pentico and stop enforcing the trespassing law on state property.

About 75 Pentico supporters packed the courtroom of Ada County Magistrate Kevin Swain on Monday. Swain found Pentico guilty April 21, but said the application of the trespassing law to public buildings raises “troubling questions.”

Swain said he was issuing the lightest of possible sentences and would strike Pentico’s conviction after he completes probation.

Pentico’s complaint stems in part from an incident he says occurred while he was a graduate student at Boise State University. He told the Statesman that a former university employee threatened to pull his arms from their sockets. Pentico did not complete his graduate degree, but in 2000 earned a bachelor’s degree in math and physics.

His allegations include conflicts of interest and other inappropriate actions by university and state officials to whom he has complained. Pentico, 42, has pressed his complaints for five years.

Pentico’s supporters have expanded their influence in the party, beginning last year when they helped unseat Otter’s choice for party chairman. They played a prominent role in defeating Otter’s plan for a gas tax increase and have won seats on county central committees across Idaho.

Last month, members of the Ada County Republican Central Committee tried to force a vote on a resolution alleging Otter violated Pentico’s right to due process. They won a majority on a procedural vote, but fell short of the two-thirds majority required for action.

In 2008, Idaho State Police barred Pentico from the governor’s office after repeated encounters with Otter and his staff. Though Otter said Pentico had never been threatening, his refusal to accept no for an answer was compromising his staff’s ability to do its work.

“If he’s disruptive to the staff – to the demeanor of the office – we have to remove him,” Otter told the Idaho Statesman last week.

Pentico also has spoken with Attorney General Lawrence Wasden, state schools Superintendent Tom Luna, dozens of legislators and top staffers to former Govs. Dirk Kempthorne and Jim Risch.

“He seems to think that if he comes 12 times, the answer will be different than the 11th time,” said Jon Hanian, Otter’s spokesman, after Pentico was sentenced to 30 days’ probation Monday.

Pentico has considered suing, but said Monday that too much time has passed.

Boise State spokesman Frank Zang said BSU considers the Pentico matter closed. “We reviewed and addressed any concerns he may have raised in years past. There are no current issues of which we are aware.”

Pentico was arrested after he defied a March 25, 2008, State Police order to stay away from the governor’s office, the Capitol Annex and the Department of Education. A police officer handcuffed Pentico on April 2 after Pentico returned to the governor’s office and didn’t immediately respond to an order to stop.

Swain rejected the request of the Ada County prosecutor’s office: five days in jail, two years’ probation, a $200 fine, and a ban on Pentico’s entering three offices where he was barred in 2008.

Rep. Pete Nielsen, R-Mountain Home, testified on Pentico’s behalf Monday. Nine other lawmakers signed a letter saying Pentico “has acted in a responsible and respectful manner.”

Dan Popkey: 377-6438

From the Idaho Statesman

Times-News takes legal steps to unseal Jerome murder case

From the Times-News

By Andrea Jackson
Times-News writer

The Times-News has challenged the closure of hearings and the sealing of documents in the murder case against Fortino Leon of Jerome.

In court papers filed Friday, Times-News attorney Fritz Haemmerle cited a recent closure of a hearing in the case, sealing of key court documents and confusion over the status of the case in requesting a hearing to argue that the proceedings should be open to public view.

Haemmerle argued the public has a constitutional right to observe court proceedings.

“Public access to criminal trials permits the public to participate in and serve as a check upon the judicial process, an essential component in our structure of self-government,” Haemmerle wrote. “It should be evident that logic dictates that the public has a right to know why a defendant facing murder charges is not being tried, or when that defendant might be tried.”

The mental competency of Leon, 73, has been at issue in the court since he was accused of first-degree murder in the July shooting of Javier Zavala-Paniagua, 22, in the street in front of his home in Jerome. He also is charged with aggravated assault and aggravated battery in relation to the alleged shooting of his estranged wife, Maria Leon, 41, who was apparently living with Zavala-Paniagua at the time of the shootings.

The case has not proceeded to a preliminary hearing or grand jury because the court has yet to rule if Leon is mentally fit to stand trial.

On April 15, 5th District Judge Jason Walker had granted requests from the Times-News and KMVT-TV to video record and photograph Leon’s court appearance the following day. But “thereafter, without any explanation, the court ordered the case closed to the public, and reporters … removed from the courtroom,” Haemmerle wrote.

On April 17, Walker issued a written order that also sealed various documents, saying it was “to preserve the defendant’s right to a fair trial,” though he did not specify why closure was needed to do so. In previous hearings he had denied defense motions to close the case, saying it was important to keep it open.

“Prior to the order being issued there was no public hearing or fact-finding made by the court as to why the order was issued or why it was necessary to seal the documents,” Haemmerle wrote. “The last hearing on this matter was abruptly shut without the court explaining what aspect of the criminal case remains open, if any.

“The right to a fair trial is fundamental, significant and important,” Haemmerle wrote. “However, the court has not recognized or evaluated the public’s equally compelling right to access under the First Amendment. This right needs to be acknowledged and addressed. Only when the state’s interest is found to be more compelling can the court prevent the public’s right to access.”

Times-News Editor James G. Wright said the newspaper is acting as the public’s representative in asserting that sealing court files and closing proceedings runs counter to basic principles of American democracy.

“Any effort to wall off our courts from the public, even with the best of intentions, erodes our fundamental civil rights and undermines respect for the rule of law,” Wright said Friday. “The public cannot have confidence in the fairness and competence of its judicial system if it cannot see that system at work.”

While not a party in Friday’s filing, the Associated Press has agreed to help cover the cost of the legal challenge, Wright said.

Haemmerle asked for a hearing on the motions to be set for June 11.

Andrea Jackson may be reached at 208-735-3380 or ajackson@magicvalley.com

From the Times-News