From:

To:
Cc:
Subject:
Date:
Attachments:

Maleszewski, Joseph
"richard.givens@famu.edu"
Clark, Lori; kimberly.moore@famu.edu; mooreki@tcc.fl.edu
Topics of Interest
Wednesday, September 09, 2015 10:48:36 AM
Aug17 - Communication Concerns.pdf
letter to BOG from legislature.png

Rick

It was nice to bump into you last Wednesday you looked rested after your vacation!

As we discussed, I spoke with Trustee Moore Monday of last week. I am also including her
in this e-mail for her information. She had inquired about the Board and Board Offices
interest in matters related to FAMU. I relayed that the Chancellor, our Chair and our Audit
and Compliance Committee Chair do have an interested in staying abreast of university
and BOT actions related to a number of matters. This interest is driven, in part, by
continued media requests and inquiries.

As Im sure you know, one important inquiry came from our legislators (attached). In a
letter dated June 16, 2015, to Chairman Mori Hosseini, State University System of Florida
Board of Governors, Senators Arthenia Joyner (D-Tampa) and Dwight Bullard (D-Cutler
Bay) joined representatives Mia Jones (D-Jacksonville), Shevrin Jones (D-West Park), and
Bobby Powell (D-Riviera Beach) in stating:

As members of the Florida Legislature and alumni of Florida A&M University, the
recent events and public statements made by several members of FAMUs Board
of Trustees especially its chairman have deeply troubled us. This letter is to
request that the Board of Governors, under the responsibilities set forth in the state
Constitution and statutes, promptly begins an inquiry into the propriety of such
behavior, and whether members of the FAMU BOT are improperly reaching beyond
legally proscribed authority

This inquiry to our board chair has prompted the Chair and the Chancellor to engage both
FAMU administrators and BOT members. In support of their efforts, we have monitored
information publicly available on the FAMU website and in news media. This effort is
ongoing.

Trustee Moore and I discussed the following topics. I have added information and
questions related to each topic:

Allegations cited in the letter from President Mangum to Chair Montgomery - I

have followed up on this with Director Gavin. My August 18th e-mail and her
response are included below. I also spoke with the Director by phone last week. In
that conversation, she indicated that she had reached out to President Mangum the
prior Friday (August 28th) requesting that President Mangum provide notice to her
office, either way, regarding her intention to file a formal complaint. Director Gavin
indicated that she had provided the necessary forms and would keep me posted of
any complaint filed regarding this matter. I have attached a copy of President
Mangums August 17th letter which prompted these inquires.

Renovations to the Presidents House - A separate garage was added to the

Presidents residence after President Mangum assumed her position. The cost of
this addition exceeded the amount which would have required BOT coordination
and bidding. The allegation is that she did neither. Can you provide information
about the process for this addition and whether it was in keeping with FAMU
policies, procedures and the Presidents contractual terms?

Leave Payout (Winslow) - Was the payout for the former Athletics Director, Kellen
Winslow, in excess of what is permitted by law? If so, who discovered it and was it
repaid? Is there a corrective action plan to ensure this kind of overage does not
happen again?

Hiring Practices/Policy (i.e. convicted felon) - News reports indicated that FAMU
administration hired Santoras D. Gamble in FAMUs office of Communications, who
was convicted of a federal felony. According to news media, Gamble was
convicted of Conspiracy to Defraud the United States, a felony. Has there been
any review of this matter to confirm that FAMU followed the background and hiring
process in hiring Gamble? If so, what was the result?

In addition to these topics, there are a few items being monitored as part of our FAMU
Corrective Action Plan efforts which have been in place since January 2013.

Stable and Permanent Leadership Team

We expect to request information which would allow us to update the status report
we made to the AACC on June 18th
(http://www.flbog.edu/pressroom/meeting_items.php?
id=194&agenda=910&type=Past). We will request this information at a future date.

Intercollegiate Athletics Cash Deficit

We expect to request information related to university plans to address the
Intercollegiate Athletics cash deficit in the near future. Am I correct that the new
Intercollegiate Athletics Cash Deficit plan will be presented to the November BOT
meeting?

Facilities Investigations
We received your investigative report Developmental Research School Sport Field
Construction, Case #FAMU -14-06-0001, dated July 17, 2015. We will want to
report out to the BOG Audit and Compliance Committee on this matter and the
Pharmacy Building investigation which is currently in progress. Based on our
discussion, the second investigation outsourced to Carr, Riggs, and Ingram, is likely
to be concluded and reported on at the November FAMU BOT meeting.

In the meantime, we would like to understand how the July 17th Developmental
Research School Sport Field Construction report was received and acted upon by
FAMU management. In the report, you make a number of recommendations for
actions, but we do not know whether a corrective action plan has been developed
and what steps may have been taken to address the findings and
recommendations contained in your report. We have a few related questions which

will help us be prepared for a future AACC update:

1. The Department of Facilities Planning and Construction and DRS staff

seemed (based on your report) to be of different opinions. Has there been a
joint needs assessment of the actions necessary to bring the DRS sports
fields into usable status? Would the engineer be able to provide relevant
information to these discussions?
2. Has there been an assessment of the additional costs, by facility, which
would be necessary to bring the fields up to usable status?
3. Did the engineer sign off on the completion of these fields for payment? Has
there been coordination with the engineer regarding responsibility for the
final product? Were the plans accurate and the construction not to plans? If
the plans were not accurate, what is the responsibility of the engineer?
4. What was the role of the project manager on this project?
5. Seems like scope creep added to the cost overruns on this project has
there been an assessment of the controls designed to address project
additions (scope creep)?
6. Was the material (sand) under the sod in accordance with the construction
specifications?
7. As the report relates to Allegation 5, the report states, However, the
contractor was not responsible for knowing the proper design and
specifications of the fields. In the process at FAMU, who would be
responsible for ensuring the project was built as designed?
8. You substantiated Allegation 8, which, in part, states, The softball field was
also designed wrong. Do you anticipate any university action against the
designer to recoup amounts paid given the inaccurate design work?
9. What actions have been taken in response to your recommendation that,
Facilities Planning staff indicated they completed the work and DRS should
use money from their Maintenance Budget to keep the fields usable.
Facilities Planning and DRS should resolve these issues to make the fields
playable as soon as possible.?
10. Related to Allegation 10, you recommend that Facilities Planning hire an
expert, independent from anyone associated with the project, to make a
determination if the two fields are up to standard. Alternatively, Facilities
Planning and the DRS Athletics Director should come to an agreement on
what problems remain at the two fields and obtain the funding to correct the
problems. What has managements response to this recommendation
been?
11. Related to Allegation 12, you made the following two recommendations: We
recommend that Facilities Planning, the Engineer, and the contractor meet
and document financial responsibility. We also recommend the pipe be

replaced immediately. According to the DRS Athletics Director, the inferior

pipe contributes to the ongoing irrigation problems on the football practice
field. What has managements response to this recommendation been?

Another area of follow-up relates to the FAMU University Work Plan implementation.

FAMU University Work Plan Implementation

As you are probably aware, at the September 3rd BOG meeting, Chair Hosseini
tasked Governor Levine to work with FAMU on implementation of their approved
University Work Plan. As I currently understand it, the board staff working on that
effort will likely be Board Office Academic and Student Affairs staff under Vice
Chancellor Ignash. These staff members are those who had actively worked with
President Mangum and her staff on the development of the revised FAMU
University Work Plan which was presented to the BOG on September 2nd and 3rd.
If we are asked to assist in this effort, we will be sure to let you and Trustee Moore
know.

As always, I appreciate your assistance in facilitating information responsive to these

inquires. Please let me know if you have any questions or concerns.

Joe

Joe Maleszewski
Inspector General
State University System of Florida
Board of Governors
325 West Gaines Street, Suite 1614
Tallahassee, Florida 32399-0400
(850) 245-9247 | Fax: (850) 245-9192
joseph.maleszewski@flbog.edu |www.flbog.edu

From: Gavin, Carrie M. [mailto:carrie.gavin@famu.edu]

Sent: Tuesday, August 18, 2015 8:32 AM
To: Maleszewski, Joseph
Cc: Givens, Richard
Subject: RE: Letter from President Mangum to Chair Montgomery

Mr. Maleszewski,
I have made contact with President Mangum and is awaiting her response. I hope this is helpful.

Carrie Gavin, Director

Equal Opportunity Programs/Labor Relations
Title IX Coordinator

Florida A&M University

674 Gamble St.
Tallahassee, FL 32307
(850) 599-3076 office
(850) 561-2997 fax
carrie.gavin@famu.edu

From: Maleszewski, Joseph [mailto:Joseph.Maleszewski@flbog.edu]

Sent: Tuesday, August 18, 2015 7:46 AM
To: Gavin, Carrie M. <carrie.gavin@famu.edu>
Cc: Givens, Richard <richard.givens@famu.edu>
Subject: Letter from President Mangum to Chair Montgomery

Director Gavin

At yesterdays FAMU BOT meeting, Chair Montgomery made reference to a letter received
at 1:50 p.m. from President Mangum. I have subsequently requested a copy of this letter
from Attorney Barge-Miles.

As the letter purportedly references FAMUs Non-Discrimination Policy and Discrimination

and Harassment Complaint Procedures (10.103), I am inquiring whether your office will be
reviewing the matter.

Joe Maleszewski
Inspector General
State University System of Florida
Board of Governors
325 West Gaines Street, Suite 1614
Tallahassee, Florida 32399-0400
(850) 245-9247 | Fax: (850) 245-9192
joseph.maleszewski@flbog.edu |www.flbog.edu