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JUNE 27, 2007
WEDNESDAY
VOLUME 96, ISSUE 81
Misuse of university funds lawsuit settled out of courtroom By Nick Georgiou News Editor A lawsuit claiming Texas State fired a former employee for reporting, among other things, the alleged misuse of funds to law enforcement authorities was recently settled outside of court. The university will pay the plaintiff, Carroll D. Wiley, $215,000. Wiley was an employee at the
university for 28 years, holding several high-level positions, until he was fired in November 2005. While serving as executive director of the Texas State University Development Foundation, a private, non-profit corporation that handles investments from private donors, Wiley was involved in an alleged misuse of a $1.2 million endowment. The endowment was bequeathed to the
university by alumna Reed Parr, who had named Wiley as second in line to serve as the executor of her will and estate. In a 1990 memorandum of understanding between Parr, Southwest Texas State University and the Development Foundation, her endowment was to predominately be used for scholarships. But when the university was
about $560,000 short of raising $1.3 million for a matching grant challenge program, former University President Jerome Supple, who is now deceased, requested the administration use Parr’s endowment to make up for the shortfall. If the challenge were to be met, the university would receive a $450,000 grant from the National Endowment for the Hu-
manities. Wiley “strongly opposed” Supple’s request. “Mrs. Parr’s bequest to the foundation was restricted by Mrs. Parr so that the income, but not the corpus, from the endowment could be used at the discretion of the president of the university,” wrote Wiley in a May 2005 letter to the public integrity unit of the Travis County
District Attorney’s Office. The corpus refers to the actual $1.2 million. Parr had instructed the foundation and the university to use the income from the endowment, not the corpus. Despite his opposition, Wiley complied with his superiors’ request after consulting the foundation’s board of directors, who See WILEY, page 4
Independence extravaganza Multi-million dollar donation
completed, local land purchased By Philip Hadley Assistant News Editor
✯ FYI
San Marcos’ long-awaited nature preserve park will finally become a reality after a large donation by the Emmett and Miriam McCoy Foundation. The park will be located on 251 acres of land in the Sink Creek watershed above Spring Lake. Emmett and Miriam McCoy donated $360,000 on June 11, completing a $5.1 million fund-raising campaign to purchase the land located over the Edwards Aquifer. “We are grateful for the generous support by the McCoys and other donors,” Mayor Susan Narvaiz said in a June 14 news release. “This project will offer a legacy that will last for generations to come.” Emmett McCoy was modest when asked about the donation and simply said he thought
Other donors to the project include: • $2 million approved by San Marcos voters in a 2005 bond election • $700,000 from the Hays County Parks Bond and Open Space funds • $1 million from the U.S. Department of the Interior • $355,670 from the Meadows Foundation • $400,000 from the Texas Parks and Wildlife Department • $200,000 from the Lower Colorado River Authority • $100,000 from the GuadalupeBlanco River Authority • $1.13 million donated by former land owner Terry Gilmore.
See MCCOY, page 4
Jessica Sinn Assistant Trends Editor Amid the smoky aroma of hot dogs and hamburgers, residents brave the summer heat as they come together to celebrate our nation’s independence at the 27th Annual San Marcos Summerfest. With bathing suits, coolers and lawn chairs in tow, festival goers practice the time-honored Fourth of July tradition of donning red, white and blue duds and gazing
Former professor reaches settlement with Texas State regarding firing By Nick Georgiou News Editor
See CELEBRATING, page 7
Texas State will pay a former professor and his attorneys $171,000 to drop a lawsuit claiming he was wrongfully terminated. Ryan Rudnicki, former tenured geography professor, was fired in 2001 after receiving three negative annual evaluations. But Rudnicki said he did not receive full due process of law during the consideration of his possible dismissal and subsequently sued the university. As outlined in university policy, the administration must follow a series of steps when attempting to dismiss a professor, particularly a tenured one. These steps allow the question of dismissal to go through several channels of the administration and enable both sides to present their arguments. This procedure ensures due process of law, a right protected by the 14th Amendment. The administration said every procedure was followed. William Stone, criminal justice professor and chair of the Faculty Senate, said in a Courtney Addison/Star file photo previous University Star article at the time of Rudnicki’s dismissal, the procedure for SUMMER BANG: Texas State Students lie in the grass at Sewell Park to watch fireworks for the 2005 Summerevaluating and firing a tenured professor, fest. This year’s festival will feature Fourth of July events starting at 8 a.m. and ending in the evening with the 9:30 called post-tenure review, was vague and a work in progress. p.m. fireworks show.
Post-tenure review was a relatively new policy to Texas colleges. The Texas Legislature passed a law in 1997 mandating this extra layer of tenure review, and like most other colleges, Texas State was developing the post-tenure review process. Stone said the administration did not know how foolproof the policy was going to be until a case like Rudnicki’s tested it. After seeing what happened with Rudnicki, a revision of the post-tenure review was completed in 2004. According to the agreement, the parties decided upon the settlement “in order to compromise disputed claims, to settle the lawsuit and to avoid further litigation.” All respective allegations and denials in the lawsuit are dropped and “are not to be construed as an admission of liability by Texas State …” The case had originally appeared as if it would be decided by the court. Both parties said they were confident their side could win the case and they attempted to go to trial three times, but each was postponed and rescheduled because of various reasons, such as an ill witness. Just before the third rescheduled trial was set to begin Jan.16, the attorneys passed on it. Terry Thompson of the attorney general’s office, who was representing Texas State, made a See Rudnicki, page 4
San Marcos City Council delays plans for new loop By Scott Thomas News Reporter The proposed loop roadway to be built around San Marcos dominated discussion at the city council meeting June 19. One of the most talked about aspects of the loop was how it would be paid for, and if tax increases were needed. “I don’t believe at this juncture we should speculate what the dollar amount is,” Mayor Susan Narvaiz said. The mayor said she hoped to issue corrections regarding an e-mail sent by resident Amy Kirwin, which Narvaiz called misinformation. Kirwin wrote the city would have to increase taxes by 10
cents over the next year to build the loop. She said the city council should explore other areas of financing before resorting to what she called “one easy option that could be devastating.” “A lot of things on that e-mail were propaganda,” said Chris Jones, place 4 councilman. The county does have an agreement with the Texas Department of Transportation, a state agency which finances roads the city plans to share with Hays County. The agreement will ensure San Marcos is reimbursed by the Department of Transportation for the cost of the road. However, Narvaiz said when she last talked with the department, the
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message she got was the city is running out of time. The city council approved to send a letter to the department explaining the county does not want to back out of the deal. “I want to make sure they don’t think that we’re not interested,” Narvaiz said. An issue considered and then tabled was adoption of a resolution endorsing the U.S. Mayors Climate Protection Agreement. The agreement states cities who sign will work to reduce greenhouse gas emissions by 7 percent from 1990 levels by 2012. “After researching this I found other cities had conservation plans in place,”
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Friday Scattered Storms Temp: 85°/ 72° Precip: 30%
Jones said. “I don’t feel comfortable taking action at this time. We can build something that fits San Marcos better.” The vocal council members were evenly split on the decision to endorse the agreement. “This is about leaving a legacy for our children, so they can say, they ‘did something,’” Betsy Robertson, Place 1 councilwoman, said. “This is a good way to show leadership and take a step forward.” Others making their opinion heard were Place 6 councilman John Thomaides, who said this agreement would give San Marcos a simple path forward, and Place 5 councilwoman Pam Couch,
who expressed her dissatisfaction with the plan. Jones suggested the resolution be tabled so it can be brought up again when San Marcos is more ready. “I agree at some point we need to participate in this,” Jones said. “We already have some irons in the fire. At some point this definitely needs to happen.” Putting the debate to an end, Narvaiz said she would not sign the agreement because it was not right for San Marcos. Narvaiz said she was not looking to make a political statement on the national scale. “I am trying to be a local mayor,” she said.
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