Eby v. Board of Curators UM System - Petition With Exhibits

\IN THE CIRCUIT COURT FOR THE CITY OF ST.
LOUIS
TWENTY SECOND JUDICIAL CIRCUIT
STATE OF MISSOURI
TIM EBY, )
)
Plaintiff, ) Case No.: 2322-CC05695
)
v. )
) Division: 1
THE BOARD OF CURATORS OF )
THE UNIVERSITY OF MISSOURI )
) TRIAL BY JURY DEMANDED
Defendant. )
FIRST AMENDED PETITION
Plaintiff Tim Eby, by and through the undersigned counsel, for his First Amended Petition
states as follows:
INTRODUCTION
In this Petition, Tim Eby, the former General Manager of St. Louis Public Radio, states
two Counts for defamation against his former employer, the Board of Curators for the University
of Missouri. During his tenure, Tim was a well-loved and effective leader at St. Louis Public
Radio, and that changed in first half of 2020 when the Station – along with the US – was rocked
by two historic and horrible events: the COVID-19 pandemic and the death of George Floyd. St.
Louis Public Radio was already running a deficit, and that went from bad to worse when the
stock market dropped, and both corporations and individuals halved their contributions. While
Tim took a voluntary 10% reduction to his salary, Defendant surprised the majority of the
Station’s staff with a mandatory reduction in salary that was wildly unpopular. And, at the same
time that protestors took to the street with the Black Lives Matter movement, a group of staffers
took aim at Tim with regard to the Station’s all-white leadership – something he did not control.
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They made a number of demands on Tim and the Station, some of which were financially
impossible and others which were illegal (e.g., race-based hiring criteria), and when those
demands were not met, they published an anonymous article on Medium.com stating that Tim
“chose to uphold white supremacy at the station by remaining complacent with the status quo.”
In fact, Tim’s hands were tied by Defendant: the University substantially edited his response to
the accusations, and then they forced him to resign for publishing the response that they edited.
While these statements were patently untrue – neither the Station nor Tim upheld white
supremacy – St. Louis Public Radio republished these statements that it knew were false and
defamatory.
Approximately a year later, when the Station hired a new General Manager, it published a
new defamatory statement concerning racism and further accused Tim of financial
mismanagement. Defendant knew that these new accusations of racism and financial
mismanagement were false and unfounded, and the defamation concerning financial
mismanagement was later admitted to be false by both the Interim Manager Tom Livingston and
Executive Editor Shula Neuman. However, these defamations remain on the Station website as if
they were factual news and objectively true.
For these reasons, Plaintiff states two counts for defamation against Defendant and seeks,
inter alia, compensation for damage to his reputation and for emotional distress.
PARTIES
1. Tim Eby is the former General Manager and Director of St. Louis Public Radio. He is a
Missouri citizen and resides in the City of St. Louis.
2. St. Louis Public Radio (“STLPR”) is a radio station in St. Louis, Missouri. It is owned
and licensed by the University of Missouri System, and operates as part of the University of
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Missouri-St. Louis (“UMSL”). The Board of Curators is the governing body for the University
of Missouri System and all its parts, including St. Louis Public Radio. Defendant has the power
to sue or be sued and defend suits on behalf of the University of Missouri in all courts under
Article IX, sections 9(a) and 9(b) of the Missouri Constitution and VAMS 172.020. Defendant is
a citizen of Missouri, and located in Boone County, Missouri.
JURISDICTION & VENUE
3. This Court has jurisdiction over this matter pursuant to MO. CONST. Art. V, § 14(a) and
Mo. Rev. Stat. § 478.070.
4. Venue is appropriate in St. Louis City because the subject defamations were published in
the City of St. Louis. VAMS 508.010
FACTS
5. Plaintiff Tim Eby joined St. Louis Public Radio in 2009, where he served as the Director
and General Manager for over 11 years. Among his accomplishments as General Manager at
STLPR, Mr. Eby:
• Provided services to 600,000 people each month in the 24th largest radio market in the
United States;
• Tripled the assets during tenure from $3.8M to $12M;
• Lead the fundraising effort and successfully completed the construction of a new
headquarters of St. Louis Public Radio with UMSL at Grand Center in 2012, a $10M,
27,000 square foot broadcast and academic facility located in the Arts and
Entertainment district in St. Louis;
• More than doubled the philanthropic support for STLPR from $3.4M to $8.2M; and,
• Completed the acquisition of the St. Louis Beacon, WQUB-FM in Quincy, IL, and
KMST-FM in Rolla, MO.
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Due to his accomplishments, Mr. Eby was recognized as one of the Most Influential St. Louisans
in the St. Louis Business Journal. Tim Eby loved his job and was passionate about public radio.
His performance reviews described him as a “role model”, “a true asset” and as someone who
“[m]odel[ed] the values of the University on a daily basis”. Exhibit A, 2019 Performance
Review.
6. In 2009, when Mr. Eby joined the radio station, there were 7 directors including him. All
of the directors were white apart from one African-American woman who later left the Station.
Mr. Eby did not have the ability to unilaterally change the directors: those decisions were made
by Defendant’s Office of Human Resources.
7. In January, 2020, Mr. Eby gave a 77-slide PowerPoint presentation to the Station’s
Friends Board that was also attended by UMSL Interim Chancellor Kristin Sobolik. The
presentation explained why STLPR was running a deficit. See Exhibit B, STLPR Finances
Presentation (Jan. 2020). STLPR had lost about 4.9% in revenue from the previous year, and the
expenses spent on compensation, fundraising, program fees, broadcasts and others had increased
by over $500,000.00. Id. Nielsen audio ratings for the Station had gone down, and podcasting
had taken a significant portion of listeners who previously listened to the radio in the car. Id.
Furthermore, UMSL had cut $360,000 in funding in comparison to 2013. Tim sought to right the
boat by employing strategies to increase sustaining memberships, increase major gifts and
increase foundation grants. The Station was also in the quiet phase of a campaign to increase its
endowment to $10 million that would provide a new revenue stream for the Station. Id.
Furthermore, corporate support and overall advertising spending for the radio in the St. Louis
were up while the market was down, which was reflection of effective leadership in a time of
struggled. Id. At the end of the presentation, Chancellor Sobolik’s verbally expressed
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appreciation for the thoughtful presentation and asked Mr. Eby to provide a similar version to the
campus leadership, which was presented in February, 2020.
8. On March 11, 2020, the World Health Organization declared COVID-19 a global
pandemic. 1 On March 15, 2020, the Dow Jones Industrial Average closed down 12.9%; the S&P
500 dropped 12%; and the Nasdaq Composite closed 12.3% lower on its worst day ever. 2 The
US Economy entered its biggest recession since the great depression. 3 This had an immediate
impact on the finances for STLPR. The biggest impact was on corporate sponsorship, which fell
by 46% between March and June 2020 against the previous year and was $410,000 below the FY
2020 budget for that same period. Prior to March 2020, corporate sponsorship was 2% ahead of
budget for the fiscal year. Likewise, the pandemic had an impact on individual giving because
the Spring membership drive scheduled for late March, which was important for bringing in new
donors, was canceled due to the shutdown since Tim did not want to force staff to come into the
studios to work the drive. In addition, since the news cycle was so intense, STLPR did not want
to interrupt the programming for our pledge appeals. Furthermore, STLPR had to cancel its May
gala at The Four Seasons. However, to make up for the lost revenue from both the membership
drive and the gala, Tim secured major special donations from certain donors and several board
members. These gifts helped offset the membership drive and gala, resulting in the station
raising a record $5.9 million from individuals and foundations in the 2020 fiscal year, which
ended on June 30, 2020. It was during this time also that Tim secured the $3 million pledge to
1
See World Health Organization, WHO Director-General’s opening remarks at the media briefing on COVID-19 -
11 March 2020 (2020), https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-
remarks-at-the-media-briefing-on-covid-19—11-march-2020 (last visited Jul 28, 2023).
2
See CNBC, Traders Await Futures Open After Fed Cuts Rates, Launches Easing Program (Mar. 15, 2020),
https://www.cnbc.com/2020/03/15/traders-await-futures-open-after-fed-cuts-rates-launches-easing-program html.
3
Lida R. Weinstock, COVID-19 and the U.S. Economy (2021),
https://crsreports.congress.gov/product/pdf/R/R46606 (last visited Jul 28, 2023).
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STLPR's endowment from Emily Rauh Pulitzer. The first of three $1 million payments was
made to the station in June 2020.
9. In April, 2020, Mr. Eby took a voluntary 10% reduction in salary, which was
approximately a $15,000.00 reduction in his annual salary.
10. In May, 2020, Defendant Board of Curators reduced the salary of the majority of the
STLPR staffers. Exhibit C, Email from Shula Neuman to Tim Eby et al. (May 19, 2020). This
was done by Defendant without the input of Mr. Eby, and without any forewarning to him or the
staff. The staff at STLPR was upset and directed its anger at Mr. Eby.
11. At about the same time, STLPR sought to rebrand the station as an inclusive
organization. In mid-June, 2020, at a staff meeting, a number of employees criticized STLPR’s
rebranding effort and the station in light of its all-white management. Approximately a week
later, at a meeting of the newsroom staff, various staffers reiterated their criticisms.
12 On July 1, 2020, a group of 26 staffers sent a letter and list of demands to Mr. Eby and
Shula Neuman, the executive editor, a letter and list of demands. Exhibit D, Letter & List of
Demands (July 1, 2020). The authors of these demands sought, inter alia, termination of Robert
Peterson, Director of Radio Programming and Operations, the creation of race-based hiring
policies and criteria, the return of a Race, Identity, and Culture editor, and that STLPR devote
considerable human financial resources to race-based initiatives. See Id. Many of the demands
were financially impossible and unlawful.
13. On July 16, 2020, Mr. Eby and Shula Neuman responded to each of the July 1, 2020 list
of demands, attempting to effectuate an inclusive work environment while operating within their
available budget and the bounds of the law. Exhibit E, Response to July 1, 2020 List of
Demands (July 16, 2020). Mr. Eby and Ms. Neuman sought to address any shortcomings with
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respect to inclusivity, and to hold the leadership accountable for the values of Diversity, Equity
and Inclusion. See Id. Defendant reviewed this letter before it was published and made
substantive edits, watering down Mr. Eby’s intended message.
14. Between mid-July and early August, 2020, Mr. Eby met with disgruntled staffers to allow
them to air their complaints. Staffers wanted Tim to issue a statement that there was systemic
racism at STLPR. Mr. Eby contacted Defendant’s attorneys for guidance.
15. On August 7, 2020, an anonymous group that called themselves STLPR Reporters &
Producers of Color published an article on Medium.com entitled “Racism Exists At St. Louis
Public Radio. Acknowledge it.” See STLPR Reporters & Producers of Color, Racism Exists at
St. Louis Public Radio. Medium. (July 23, 2021), https://medium.com/@stlprjocs/racism-exists-
at-st-louis-public-radio-acknowledge-it-3db69973c155 [https://archive.md/105ku]. In that
article, the anonymous authors wrote that Mr. Eby “chose to uphold white supremacy at the
station by remaining complacent with the status quo.” Id. This was a false and defamatory
statement: the status quo of STLPR was not one of white supremacy, and Mr. Eby did not uphold
white supremacy.
16. On August 10, 2020, Mr. Eby published a response to the anonymous Medium allegations
on the STLPR news website. See Tim Eby, General Manager Tim Eby Responds to Systemic
Racism at St. Louis Public Radio. (August 10, 2020), https://news.stlpublicradio.org/2020-08-
10/general-manager-tim-eby-responds-to-systemic-racism-at-st-louis-public-radio
[https://archive.md/6TTQv]. In that article, Mr. Eby acknowledge that “[s]ystemic racism
exists, including at St. Louis Public Radio, and that is unacceptable.” Id. Mr. Eby also stated
that he was “committed to making meaningful change”, and that “[d]iversity, equity and
inclusion is crucial at St. Louis Public Radio”. Id. Mr. Eby stated that an investigation had
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begun, and that that process would “include an evaluation of policies, practices, procedures and
structures related to inclusive excellence at the station.” Id. This article was also sent as an
email to the staff. Tim shared a draft of this document with his boss Paul
Herring and the UMSL communications team, who provided substantive edits. Exhibit F, Edited
Copy of Tim Eby's August 10, 2020 Public Statement. Tim communicated with Paul Herring on
the process and timing of the messaging via text. Exhibit G, Excerpts from Texts between Tim
Eby and Paul Herring (Aug. 10, 2020). Nonetheless, Tim was later reprimanded by his boss for
publishing the response. Exhibit H, Email from Paul Herring to Tim Eby (Aug. 12, 2020).
Upon information and believe, this public statement was the reason Tim was later forced to
resign.
17. On or about August 10, 2020, Defendant began an external investigation, releasing the
following public statement:
Today, the University of Missouri–St. Louis announced an external investigation

of the diversity, equity and inclusion practices at St. Louis Public Radio in
response to concerns of station employees. This will include an evaluation of
policies, practices, procedures and structures related to inclusive excellence at the
station. Dr. Tanisha Stevens, vice chancellor for diversity, equity and inclusion at
UMSL, will coordinate this effort in partnership with outside counsel.
Exhibit I, Email from Paul Herring to Tim Eby (Aug. 10, 2020). They had hired attorneys Kate
Nash and Aigner S. Carr of Tueth Keeney (www.tuethkeeney.com) to perform the investigation.
Exhibit J, Email from Paul Herring to Tim Eby et al. (Aug. 18, 2020). Vice Chancellor Dr.
Tanisha Stevens explained: “What began with concerns expressed in the July 1 letter expanded to
include additional equity concerns that were brought to the attention of the investigative team,
prompting the need to broaden the original scope of the investigation.” Exhibit K, Email from
Tanisha Stevens to STLPR Staff (Sept. 18, 2020).
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18. However, many of the individuals complaining of systemic racism refused to cooperate
with the investigation. On September 17, 2020, in another Medium article, the anonymous group
entitled STLPR Reporters & Producers of Color explained that they refused to participate
because they had no confidence in the had no confidence in the investigation. See STLPR
Reporters & Producers of Color, 21 St. Louis Public Radio Staffers Have No Confidence in
UMSL’s Investigation of Station Racism. Medium. (September 10, 2021),
https://medium.com/@stlprjocs/21-st-louis-public-radio-staffers-have-no-confidence-in-umsls-
investigation-of-station-racism-9f6815228ce3 [https://archive.md/zigbG].
19. On September 22, 2020, Defendant informed Mr. Eby via Zoom that he would be
removed as General Manager and Director of STLPR. Mr. Eby’s removal was not voluntary. He
was stunned.
20. On September 24, 2020, STLPR published an article about his removal and the
“allegations of racism” levied at him. See St. Louis Public Radio, Tim Eby Replaced As St.
Louis Public Radio GM After Allegations Of Racism At The Station. (September 24, 2020),
https://news.stlpublicradio.org/2020-09-24/tim-eby-replaced-as-st-louis-public-radio-gm-after-
allegations-of-racism-at-the-station [https://archive.ph/2gtq3]. This incorporated, summarized
and hyperlinked, and republished the false and defamatory statements in the August 7, 2020
Medium article, stating:
In an Aug. 7 public statement, a group of the station’s reporters and producers, all
people of color, detailed racist incidents they have experienced at the station. Eby
was described by the group as someone who could “make necessary changes to
policies and practices” in order to “transform the station into a diverse, inclusive,
and equitable place to work.” But, the journalists allege, he chose to maintain
“white supremacy at the station by remaining complacent with the status quo.”
Id. STLPR had actual knowledge that the Medium allegations were false: STLPR, its reporters,
and its editors knew that white supremacy was not the status quo at the station, and that Tim Eby
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did not uphold white supremacy. This article was originally published on September 24, 2020 at
5:23 PM. It was edited and republished on September 25, 2020 at 7:02PM and May 3, 2022 at
11:21 PM. To date, the aforementioned false and defamatory statements remain on in the
article on the STLPR website.
21. On September 25, 2020, Mr. Eby signed an agreement and release with Defendant,
whereby he received compensation and benefits for six months of consulting work in return for
releasing Defendant from claims for which he “may in the past have had”. Mr. Eby did not and
could not release Defendant for claims arising from future torts, including but not limited to new
and republished false and defamatory statements. This agreement also prevented him “seeking
publicity”, preventing him from publicly defending himself against the upcoming false and
defamatory statements.
22. On October 1, 2020 at 3:44PM, St. Louis Public Radio published an article concerning
Tim’s consulting agreement. See St. Louis Public Radio, Eby Lands $70K Consulting Contract
After Resigning As St. Louis Public Radio GM. (October 1, 2020),
https://news.stlpublicradio.org/2020-10-01/eby-lands-78k-consulting-contract-after-resigning-as-
st-louis-public-radio-gm [https://archive.md/agnU2]. In that article, STLPR wrote:
His departure as general manager came roughly a month after allegations of

racism and racist practices at the station were brought to light.
Id. Defendant hyperlinked and incorporated the August 7, 2020 Medium article containing false
and defamatory statements into its August. STLPR had actual knowledge that the Medium
allegations to which it hyperlinked and incorporated into the article were false: STLPR, its
reporters, its editors, and the authors of that article knew that white supremacy was not the status
quo at the station, and that Tim Eby did not uphold white supremacy.
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23. On August 30, 2021, in an article about the incoming CEO, STLPR published an article
that contained additional defamatory statements. See St. Louis Public Radio, STLPR Announces
New CEO Who Aims to Change Station’s Culture (Aug. 30, 2021),
https://news.stlpublicradio.org/culture-history/2021-08-30/stlpr-announces-new-ceo-who-aims-
to-change-stations-culture [https://archive.md/eLwvg]. This article provided:
Former general manager Tim Eby resigned last year amid accusations from
newsroom staff that he ignored problems of systemic racism at the station and
mismanaged finances.
Id. The statement that Tim “ignored problems of systematic racism” reference the Medium
article allegation that he “chose to uphold white supremacy”, and it was false. Likewise, the new
allegations that Tim “mismanaged finances” was false. STLPR, its reporters and its editors knew
that these allegations were false, but published them anyway. These false statements were also
repeated during the on-air broadcast. To date, the aforementioned false and defamatory
statements remain in the article on the STLPR website.
24. On September 27, 2021, in an email to a contributor, Tom Livingston, the Interim
General Manager acknowledged that Tim Eby did not mismanage finances.
Exhibit L, Email from Tom Livingston to Lon Zimmerman (Sept. 27, 2021). In other words, less
than a month after the August 30, 2021 article was published, the STLPR Interim General
Manager acknowledged that it contained a false and defamatory statement.
25. On July 4, 2022, a week or two after she was terminated from her position as Executive
Editor at STLPR, Tim Eby ran into Shula Neuman on the street in the Central West End. Tim
mentioned the August 30, 2021 article by Sarah Fentem and the paragraph that contained the
false statement concerning financial mismanagement. Ms. Neuman replied that she did not see
the article before it was published and took responsibility for the false and defamatory statement.
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26. Defendant has not retracted its false and defamatory statements, and has refused to
produce the investigative report by Tueth Keeney and other relevant documents in response to a
Sunshine Request.
27. Defendant’s actions hurt and impaired Mr. Eby’s reputation. Tim had worked in radio
since he was in college and was passionate about his work, and following Defendant’s actions he
was unable to find a job in his chosen field. In fact, Tim could not find any job for a significant
period of time, and when he did, the only jobs available were at a significant reduction in the pay
and benefits that he used to support his family, which includes his two adult dependent children.
Mr. Eby’s loss in salary and benefits amounts to greater than $100,000.00. Tim also suffered
emotional distress as the result of Defendant’s outrageous conduct. Defendant should have
realized that its conduct involved an unreasonable risk of causing the distress, and Mr. Eby’s
emotional distress and/or mental injuries were medically diagnosable and sufficiently severe to
be medically significant. Mr. Eby suffered depression and anxiety.
SOVEREIGN IMMUNITY DOES NOT APPLY
28. Although STLPR is owned and operated by the Defendant, the defense of Sovereign
Immunity does not apply to this case for two different reasons: because Defendant had an
insurance policy for libel; and because STLPR operated as a proprietary function.
29. First, STLPR had a policy for libel claims like this one that is worth at least one million
dollars. See VAMS 537.610.1.
30. Second, STLPR’s functions as a radio station and news agency were proprietary
functions of Defendant.
31. The purpose of the Board of Curators of the University of Missouri is to provide higher
education to its students. Operating STLPR does not further Defendant’s purpose of providing
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higher education to its students. See Allen v. Salina Broad., Inc., 630 S.W.2d 225, 227 (Mo. Ct.
App. 1982). STLPR does not focus on providing programming and news for students in the
University of Missouri System.
32. STLPR caters to its listeners and sponsors rather than providing services for the common
good. During their bi-yearly fund drives, STLPR explains to its listeners that it must raise the
money necessary to purchase the programming that its listeners love, such as “Wait Wait . . .
Don’t Tell Me”, which is a comedy/quiz show. “Wait Wait . . . Don’t Tell Me” is a comedy/quiz
show that is not for the common good. Catering its services to its listeners and corporate
sponsors is done primarily to benefit the corporation rather than for the benefit of the community.
33. Defendant does not provide regular funding to STLPR. STLPR’s regular funding comes
from listener donations, corporate sponsorships, and advertising revenue. STLPR often engages
in commercial activities similar to its private counterparts, such as selling advertising and
sponsorship spots.
34. STLPR’s editorial staff expressly states that it is independent from Defendant, stating:
“[E]ven though the University of Missouri System Board of Curators owns our FCC license, we
maintain editorial independence of our content.” See <https://www.stlpr.org/editorial-
independence-statement> [https://archive.ph/9498w]. In other words, STLPR’s Editorial Board,
whose actions are at issue in this lawsuit, does not function as an arm of Defendant or any other
part of the government.
35. STLPR, even though it’s owned by a public university, operates and is licensed to the
Federal Communications Commission in a manner similar to private radio stations. It broadcasts
content, receives advertising revenue, and competes with other radio stations for listenership.
13
The overwhelming majority of radio stations are privately owned and function like a business.
None of the other radio stations in the St. Louis market are owned by a governmental entity.
36. STLPR, like private stations, aims to increase their listenership. They often conduct
audience surveys, ratings analyses, and promotional events, all of which are typical of
commercial enterprises.
37. Even if the primary goal of the STLPR might not be to generate profit, it generates
revenue through sponsorships, advertising, or listener donations and operates in a commercial
environment in a manner that resembles a business operation. Monies collected over and above
the cost of operation are used to expand STLPR like a private business. STLPR has used its
revenue to acquire other news organizations and radio stations.
38. Operating a radio station is not a mandatory function of a public university or
government. It's an optional service.
39. Broadcasting, even if for educational or public service purposes, is not a function
uniquely associated with the government. Private entities can and do perform similar functions,
and private companies similarly provide educational content. Just as STLPR has long-form news
podcasts, the New York Times and the Wall Street Journal provide educational, long-form news
podcasts (e.g., The Daily and The Journal).
40. STLPR invests in branding, marketing, and promotional activities to increase their
visibility and listenership, similar to what private businesses do to attract customers.
41. STLPR has a degree of autonomy in their operations, making decisions about
programming and marketing based on what is best for the station rather than strictly for public
service.
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42. STLPR broadcasts locally and not for the State as a whole. It provides its services as a
special local benefit of its local listeners.
43. STLPR’s functions are not duties imposed by a sovereign power, but rather are an
exercise of permissive privileges of Defendant.
COUNT I: DEFAMATION – FINANCIAL MISMANAGEMENT
44. Plaintiff incorporates by reference all previous paragraphs.
45. Section 578 of the Restatement (Second) of Torts provides:
Except as to those who only deliver or transmit defamation published by a third

person, one who repeats or otherwise republishes defamatory matter is subject to
liability as if he had originally published it.
Restatement (Second)of Torts, § 578. 4
(1) Except as stated in subsection (2), one who only delivers or transmits
defamatory matter published by a third person is subject to liability if, but only if,
he knows or has reason to know 5 of its defamatory character. 6
(2) One who broadcasts defamatory matter by means of radio or television is

subject to the same liability as an original publisher.
Restatement (Second) of Torts § 581.
47. On or about August 30, 2021, Defendant, by and through STLPR, repeated and/or
republished both on air and on its website the false and defamatory statement Mr. Eby had
mismanaged finances at STLPR. See St. Louis Public Radio, STLPR Announces New CEO
4
Section 578 is “basic, hornbook law.” See Pick v. City of Remsen, No. C13-4041-MWB, 2014 U.S. Dist. LEXIS
119434, *40-41 (N.D. Iowa Aug. 27, 2014)(compiling cases).
5
The words “reason to know” denotes “the fact that the actor has information from which a person of reasonable
intelligence or of the superior intelligence of the actor would infer that the fact in question exists....” Restatement
(Second) of Torts, § 12(1).
6
“A communication is defamatory if it tends so to harm the reputation of another as to lower him in the
estimation of the community or to deter third persons from associating or dealing with him.” Restatement (Second)
of Torts § 559.
15
Who Aims to Change Station’s Culture (Aug. 30, 2021), https://news.stlpublicradio.org/culture-
history/2021-08-30/stlpr-announces-new-ceo-who-aims-to-change-stations-culture
[https://archive.md/eLwvg]. Defendant implied that the assertion of financial mismanagement
was one of objective fact. These accusations were false. Plaintiff had never heard of such
accusations, but if such accusations did exist, Defendant knew that they were false or acted with
reckless disregard in their publication.
48. Financial mismanagement “is management that, deliberately or not, is handled in a way
that can be characterized as ‘wrong, bad, careless, inefficient or incompetent’ and that will reflect
negatively upon the financial standing of a business or individual.” See Wikipedia, Financial
Mismanagement, https://en.wikipedia.org/wiki/Financial_mismanagement (last visited Aug. 29,
2023). Defendant’s statement was defamatory because it tended to harm his reputation by
lowering his estimation in the community and/or deterring third persons from associating or
dealing with him.
49. Defendant knew or had reason to know the defamatory character of publishing or
republishing false accusations of financial mismanagement.
50. Defendant’s false and defamatory statements damaged Plaintiff’s reputation and caused
him and his family emotional distress.
COUNT II: DEFAMATION - RACISM
51. Plaintiff incorporates by reference paragraphs 1 through 43. Here, Defendant defamed
Mr. Eby in two different ways.
Except as to those who only deliver or transmit defamation published by a third

person, one who repeats or otherwise republishes defamatory matter is subject to
liability as if he had originally published it.
16
Restatement (Second)of Torts, § 578.
(1) Except as stated in subsection (2), one who only delivers or transmits
defamatory matter published by a third person is subject to liability if, but only if,
he knows or has reason to know of its defamatory character.
(2) One who broadcasts defamatory matter by means of radio or television is

subject to the same liability as an original publisher.
Restatement (Second) of Torts § 581.
54. First, on or about August 7, 2020, Defendant, by and through STLPR, repeated and/or
republished on its website that Mr. Eby chose to maintain “white supremacy at the station by
remaining complacent with the status quo.” See St. Louis Public Radio, Tim Eby Replaced As
St. Louis Public Radio GM After Allegations Of Racism At The Station. (September 24, 2020),
https://news.stlpublicradio.org/2020-09-24/tim-eby-replaced-as-st-louis-public-radio-gm-after-
allegations-of-racism-at-the-station [https://archive.ph/2gtq3]. This statement was originally
published on September 24, 2020 at 5:23 PM, and was edited, updated and republished on
September 25, 2020 at 7:02PM and May 3, 2022 at 11:21 PM. Defendant implied that the false
and defamatory statement was an objective fact. This statement were false, and Defendant knew
that it was false.
55. Second, on or about August 30, 2021, Defendant, by and through STLPR, repeated and
republished both on air and on its website the false and defamatory statement that Plaintiff
“ignored problems of systemic racism”. See St. Louis Public Radio, STLPR Announces New
CEO Who Aims to Change Station’s Culture (Aug. 30, 2021),
https://news.stlpublicradio.org/culture-history/2021-08-30/stlpr-announces-new-ceo-who-aims-
to-change-stations-culture [https://archive.md/eLwvg]. “Ignore” means “to refuse to take notice
of”. See “Ignore.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-
17
webster.com/dictionary/ignore. Accessed 6 Aug. 2023. However, Defendant had actual
knowledge that Plaintiff did not ignore systematic racism, and the proof was published on the
STLPR website. In a public statement on August 10, 2020, Mr. Eby expressly acknowledged:
“Systemic racism exists, including at St. Louis Public Radio, and that is unacceptable.” See Tim
Eby, General Manager Tim Eby Responds to Systemic Racism at St. Louis Public Radio.
(August 10, 2020), https://news.stlpublicradio.org/2020-08-10/general-manager-tim-eby-
responds-to-systemic-racism-at-st-louis-public-radio [https://archive.md/6TTQv]. Mr. Eby
proceeded to explain that he was committed to making meaningful change. Id. This was the
opposite of ignoring systematic racism: Plaintiff acknowledged the problem and sought a
solution. 7 Defendant implied that the assertion of ignoring problems of systematic racism was
an objective fact. Defendant’s statement was false, and Defendant knew it was false or acted
with reckless disregard.
56. Defendant knew or had reason to know the defamatory character of publishing or
republishing accusations of maintaining white supremacy and ignoring systemic racism. These
statements were defamatory because they tended to harm his reputation by lowering his
estimation in the community and/or deterring third persons from associating or dealing with him.
57. Defendant’s false and defamatory statements damaged Plaintiff’s reputation and caused
him and his family emotional distress.
7
In other words, Defendant reprimanded Mr. Eby for his August 10, 2020 public statement concerning systematic
racism, forced him to resign because of this same public statement, then pretended that public statement never
occurred, defaming him by saying he ignored systematic racism.
18
WHEREFORE, Plaintiff seeks a trial by jury, an Order that Defendant retracts its false
and defamatory statements, an Award of an amount greater than One Hundred Thousand Dollars
($100,000.00) for each of the above Counts for compensatory damages and emotional distress,
pre-judgment interest, post-judgment interest, and all other relief the Court finds appropriate.
Respectfully submitted,
/s/Christian G. Montroy______
Christian G. Montroy
Missouri Bar No. 57121
MONTROY LAW OFFICES, LLC
2812 N. Center Street
P.O. Box 369
Maryville, IL 62062
Phone: (618) 223-8200
Fax: (618) 223-8355
cmontroy@montroylaw.com
19
Leadership Performance Appraisal FY19
Demographics
Name: Tim Eby Employee ID: 10253644
Job Title: SR DIR BROADCAST OPERATIONS Supervisor: Herring Jr,L. Paul
Department: SKWMURAD
General Instructions
The annual Performance Appraisal is intended to summarize employee performance over the past year and provide an opportunity to plan for the
coming year. Use the rating scale definitions below to help accurately document performance. Use the comment box at the end of the appraisal to
provide specific examples that support your ratings. An overall comment must be provided.
Rating Scale
Outstanding
Is a role model in the job. Exhibits mastery in all facets of the job. Puts the customer at the center of every activity. Steps outside of existing
responsibilities to add value to the University. Identifies breakthrough concepts. Is sought out by colleagues for advice on issues. Models the
values of the University on a daily basis. Is in sync with the strategic direction of the University. Is universally regarded by others as a
knowledgeable resource and true asset. Acts as a mentor, guide and teacher. Seeks new and improved ways to perform the job. Openly shares
information and resources. Actively promotes cooperation, understanding and teambuilding.
Exceeds Expectations
Performance consistently exceeds expectations in specified criteria. Sets and meets challenging professional goals and shows initiative in
meeting them. Assumes extra responsibilities and participates in projects often. Proactive in planning, problem solving and initiating solutions
within work group. An exceptional contributor to the success of the work group and organization.
Successful
Performance consistently meets expectations in specified criteria. Requires minimal supervision and complies with work rules and regulatory
requirements. Performance consistently meets the demands placed upon the position. Reliably completes routine assignments in an accurate and
timely fashion. Assumes additional responsibilities when requested or assists in extra project work. Meets the University’s high performance
standards. Contributes positively to the success of the work group and organization.
Improvement Expected
Performance meets some but not all expectations in specified criteria. Performance requires occasional supervisory intervention. Does not
consistently complete job assignments in some areas in an accurate and timely fashion. Performance or behavior causes occasional problems for
students, customers, department/unit and/or co-workers.
Unacceptable
Overall performance does not meet expectations in specified criteria. Often requires supervision, redirection and/or re-instruction. Does not
consistently complete job assignments in an accurate and timely fashion. Performance or behavior causes problems for students, customers,
department/unit and/or co-workers.
Success Factors
Provide ratings for each of the seven Success Factors below. One additional, optional fill in the blank section also exists. It can be used to
capture another competency, job duty, or as a summary of overall goal completion to name just a few options. If this section is left blank, the
score will be calculated based on the seven Success Factors.
Accountability
Manager Self
Owns decisions, outcomes, work products, etc. that are within the
scope of one’s role.
Outstanding
Creates opportunities for employees to grow, assume
more responsibility, and/or gain decision-making authority Exceeds Expectations
Motivates employees to achieve goals, including
departmental/ functional goals and initiatives by giving them Successful
direct ownership and accountability for overall outcomes
Connects with other leaders to identify and define
goals/objectives; exemplifies accountability for achieving Unacceptable
goals/objectives and managing expectations
Collaboration
Manager Self
Works inclusively to build trust and accomplish tasks, goals, and
initiatives.
Ensures information flows effectively through proper Outstanding
channels; promotes and encourages the open exchange of
information within and across functions/departments Exceeds Expectations
Builds consensus with individuals within and across the Successful
functions/departments; provides clear direction during cross-
functional tasks, ensuring open communication and Improvement Expected
collaboration
Motivates others to build relationships and work Unacceptable
cooperatively within and across functions/departments
Communication
Manager Self
Provides information clearly and accurately in various settings,
ensuring understanding and participation. Outstanding
Communicates highly complex or unusual circumstances
appropriately, ensuring that content is shared and Exceeds Expectations
understood at all function/department levels Successful
Uses a variety of communication tactics/ methods and
adjusts messages and tone to more effectively communicate Improvement Expected
to various function/department levels Unacceptable
Models and encourages others to actively listen, allow for
questions and discussion, and reflect on key messages,
while ensuring stakeholders have a chance to provide input
Customer Focus
Manager Self
Understands, anticipates, and appropriately responds to internal
and/or external customers’ needs.
Strategically identifies opportunities for service
Outstanding
improvement; establishes an environment to maintain
positive organizational and customer relationships Exceeds Expectations
Gathers a variety of data and information and makes
recommendations and improvements; leverages the Successful
integration and synergies among departments/functions to
better serve others
Promotes a customer centric culture and ensures Unacceptable
alignment with best practices and customer/university
expectations
Diversity & Inclusion

Manager Self
Values differences by ensuring that all people are included and
respected and can engage in their work to the best of their abilities.
Proactively provides resources and support for ongoing
education of employees as it relates to diversity and
inclusion; acknowledges and reinforces positive diversity and
Outstanding
inclusion behaviors
Creates and leads a culture/environment of inclusion by Exceeds Expectations
exemplifying inclusive behaviors, challenging the status quo,
and suggesting improvements, as appropriate; promotes the Successful
interaction and integration of diverse individuals into teams
to positively impact the function/department and to ensure
diversity and inclusion needs are met Unacceptable
Integrates different perspectives and backgrounds to
meet organizational needs and establish the new way of
working; models inclusive decision-making within own and
across functions/departments
Judgment
Manager Self
Makes appropriate decisions and evaluates risk and uncertainty to
create optimal outcomes. Outstanding
Conducts in-depth analysis while considering multiple
inputs to develop optimal alternatives and solutions Exceeds Expectations
Sets and implements standards for the Successful
function/department and integrates with other
functions/departments Improvement Expected
Ensures others understand both short- and long-term Unacceptable
effects and risks of decisions; monitors execution of
decisions made; makes timely decisions when faced with
ambiguous information
Time Management
Manager Self
Actively manages time to most effectively accomplish work,
projects, objectives, and goals.
Prioritizes workload of function/department; identifies
Outstanding
barriers to ensure appropriate actions are being taken and
deadlines are successfully met; seeks additional resources Exceeds Expectations
as necessary
Manages and oversees multifaceted projects and Successful
assignments, ensuring that deadlines are efficiently met
Anticipates changing circumstances and prepares
function/department to maintain performance objectives; Unacceptable
promotes a culture of positivity, continuous improvement,
and adaptability/flexibility
Fill in the blank (optional)

Manager Self
Outstanding
Exceeds Expectations
Successful
Unacceptable
Not Applicable
Overall Rating Rating: Outstanding
Supporting Comments
Use this comment box to provide specific examples that support your Success Factor ratings. A comment is required.
Self: The focus of the 2019 Fiscal Year at St. Louis Public Radio was to continue work toward our overarching goals from current
Strategic Plan. Those goals are:
- Expanded and Diversified Audience Base

- Greater Accessibility and Relevance for a Deepened Relationship with Our Audience
- Financially Thriving
- Content Excellence and Uniqueness
- Destination and Home for Talent
These outcomes are aligned with the success factors from the appraisal with to provide an overview of the organization’s
performance for FY 2019 that I am responsible for in my position as Director and General Manager.
Through the third quarter of the fiscal year, audience growth and loyalty from our digital products were at record levels. In
addition, we continue to be reaching younger audiences with our digital products -- the top age cohort for our website are
persons 25-34. After two quarters of downward movement, our radio audience recovered with an excellent Winter 2019 quarter
in both the amount of listening and the number of listeners.
On the financial side of the operation, we are projecting a deficit for the fiscal year but expecting it to be at least 10% smaller
than what was budgeted for the year. We expect to still have more than $2.5 million in cash reserves at the conclusion of the
fiscal year.
The Leadership Team at STLPR, in general, has provided strong oversight within their various departments within our
organization. Their work is focused on alignment with the Strategic Plan and working within their departments to achieve their
goals and objectives within their areas.
Among the highlights for the year:
1. New positions in news including reporters based in Rolla and the Metro East, plus an Investigative Reporter position.
2. A new Senior Producer for St. Louis on the Air and a Senior Producer for Podcasts
3. Projected record fundraising results in Development and Corporate Sponsorship
4. Completed a Feasibility Study and received an endorsement from the STLPR Board to begin work on a $15 million campaign
to be completed by June 2022 coinciding with our 50th Anniversary.
5. Extraordinary work from our newsroom and Talk Show covering the 2018 mid-term elections and the indictment and
resignation of St. Louis County Executive Steve Stenger.
6. Other coverage highlights included breaking the story regarding financial problems facing the promoted of the LouFest music
festival that ultimately lead to the cancellation of the festival just days before it was to take place and an investigation into Paul
McKee and Northside Regeneration’s negligence of more than 150 properties that McKee had promised to restore in north St.
Louis
7. Our news coverage continued to receive awards from regional and national organizations for their excellent work.
8. The award-winning podcast, We Live Here, finished its 4th season with record-breaking downloads and several high impact
stories about housing in the St. Louis region. The podcast has also been funded with two major grants from the Deer Creek
Foundation and the Missouri Foundation for Health
9. Created the innovative Mini Journalism School, which sold out in two weeks, to help audiences better understand how
journalism is created
10. Continued to build out the STLPR Board with a diverse and influential group of civic leaders across St. Louis lead by the
dynamic Diane Katzman
We maintained and took on a number of collaborations during the year including a highly successful partnership with the Nine
Network and KSDK Channel 5 to produce the only statewide broadcast Senate debate in October between Claire McCaskill
and Josh Hawley.
We had countless other collaborations for content and media partnerships throughout the year. With UMSL, we worked with the
Community Innovation and Action Center to welcome them into UMSL at Grand Center. We also worked with gift processing
within the Advancement Division to better streamline the process of incoming gifts to STLPR with Advance. Also, I was happy
to join Jennifer Jezek-Taussig in Washington, DC for an UMSL alumni gathering discussing journalism, NPR, and STLPR.
The biggest challenge of the year came in late March and April when Don Marsh, the longtime part-time host of St. Louis On
The Air, abruptly resigned without notice. The departure resulted in a major communication challenge for the organization when
a false report about why he left was written and went viral across Facebook that lead to media coverage - most of which was
inaccurate. Madalyn Painter, who added marketing and communications to her portfolio of work in August 2018, did an
outstanding job with our crisis communications coordination. The ultimate fall out from this challenge has been minimal with
fewer than 20 cancelled sustaining memberships. After a challenging six weeks, our focus has now shifted toward filling the
position with a high quality host to move the program forward in a new and exciting way.
The efforts to address the issues that occurred with Don Marsh’s departure crossed the various lines of collaboration,
communication, and customer focus. Our team met the challenge on all of these fronts working with University communications
staff\, a crisis communications firm, and across departments at STLPR to help us in our messaging and outreach to donors. It
was also essential to be sensitive to how our staff was handling this very stressful situation. Our team handled this with grace
and professionalism in light of very difficult circumstances.
Our Diversity and Inclusion efforts included increased outreach in our recruiting efforts to ensure a diverse pool of applicants as
well as continued standardization of our on-boarding processes across the station’s various departments. We’ve also sought to
provide diversity and inclusion training for our staff and other professional development opportunities. We also closely track our
sourcing and program guests to ensure a diversity of voices within our content. Finally, we’ve increased the diversity of the
STLPR board in the last year with a focused effort to bring on more persons of color to this group.
St. Louis Public Radio is very much a data-driven organization which we use to evaluate risk and our decision-making process.
From broadcast and digital audience information to our fundraising activities, we use data to inform our strategic initiatives. An
example of this was the decision to create a daily morning local news podcast. We recognized that many younger listeners are
not using radio as much as their older counterparts so we’ve invested in putting staffing resources behind The Gateway, a new
10 minute daily morning podcast that started in mid-May featuring local news and features that audiences can listen to they
prepare for their day. We’re using a variety of digital marketing tactics to promote the podcast and have secured $30,000 in
start-up sponsorship to support the initiative. Early analysis of downloads for the podcast have been favorable and we’ll
continue to assess the performance and sound of the show.
Another key initiative that we undertook this year was an effort to retain key staff at STLPR. The main focus on this was in our
newsroom where we committed more than $100,000 annually to upgrading the salaries of several reporters and editors to help
retain them as well as allow us to be more competitive, from an equity standpoint, in recruiting new staff to work at STLPR.
We used a compensation study of similar sized public radio stations along with assessing our salary structure against other
journalism outlets in St. Louis. We still have some work to do, mostly in our Development department, to ensure that we are
competitive in retaining key staff.
In addition to the communication issues that resulted from the issues surrounding Don Marsh’s resignation, it was also one of
those incidents that brought with it time management challenge as a crisis can result in setting some priorities aside to deal with
the immediate crisis.
Overall, we were able to manage this situation well but it did delay some of our work related to the upcoming capital campaign.
A positive outcome was that we brought our board into this situation and they not only provided excellent insight into
addressing some of the challenges we were facing, it helped strengthen the commitment and resolve of the board to engage
and support our efforts in a much stronger manner.
Also, this past year I have sought to deepen my involvement on a national level with public radio and locally with deeper
community connections. I joined the NPR, Inc. board of directors in November 2018 and that involvement has already brought
some benefits to STLPR through being on the front end of station - NPR initiatives. I also continue to serve on the Station
Resource Group Board and the board of Public Radio in Mid-America.
Locally, I’ve joined the St. Louis Civic Pride Foundation board of directors while continuing to serve on the Grand Center, Inc.
board. As we move into our campaign, the connections created through this involvement will only help us in making our case to
donors about the service and impact that we have in the St. Louis region.
The 2019 fiscal year was another strong year at St. Louis Public Radio. We’re implementing new innovative projects to serve
audiences across various platforms and increasing revenue from existing sources and growing new revenue opportunities. We
have an incredible talented and creative team working for us doing excellent work. Finally, our Friends of St. Louis Public Radio
board is highly engaged helping raise funds and connect us to a larger community in St. Louis.
Comments: I agree with Tim's self evaluation completely. Tim is a professional in every way and his work echoes that. He is a team player
that utilizes his unique skill set to lead others in a seamless and positive fashion. STLPR underwent a chaotic time earlier this
year and Tim responded quickly, clearly and with the betterment of STLPR and the University. His ability to forge and nurture
relationships have been instrumental in his continued success.
New Performance Goals (optional)
Establish new Performance Goals in the boxes below by providing a title, description, and weight for each goal. To add more than one goal,
click on the Add Goal link. Note that once the process is complete, goals entered in this section on the manager version of the form will
populate in the employee's My Performance tab in the Goals sub-tab.
Weight
Self:
Completed Date Due:

Employee Acknowledgment
I have discussed my performance appraisal with my supervisor. My signature does not necessarily indicate agreement with the appraisal, but
does acknowledge that I have received and reviewed this information.
Employee Final Comments
I look forward to moving forward on our Campaign as well as our other major initiatives at St. Louis Public Radio in the next year. We have a
terrific team at St. Louis Public Radio and will continue to work to support their development and excellence.
I'm also enthusiastic about supporting Paul and my colleagues leading the other areas within Advancement as well as the new Interim
Chancellor.
Employee: Tim John Eby T.E. (electronic signature for the evaluation of Tim John Eby)
Date (M/d/yy): 7/23/19 09:46 AM EDT
Manager: L. Paul Herring L.H. (electronic signature for the evaluation of Tim John Eby)
Date (M/d/yy): 7/23/19 03:45 PM EDT
Electronic Signature Confirmation: 91001fb1315268a760bd5e702e9b17a5

Environmental Scan
STLPR Board Retreat
January 2020
FOR INTERNAL USE ONLY.

NOT FOR DISTRIBUTION OUTSIDE OF ST. LOUIS PUBLIC RADIO
ST. LOUIS PUBLIC RADIO
COMPARATIVE FINANCIAL REPORT | DECEMBER YTD
FY19 & FY20 ($ in thousands)
12/31/18 12/31/19 YOY Change YOY Change 12/31/19 YTD Budget YTD Budget FY 20
Actual Actual $ % Budget Variance $ Variance % Budget
REVENUE
Development $ 3,097 $ 2,946 $ (151) -4.9% $ 3,095 $ (149) -4.8% $ 6,122
Underwriting 934 1,018 84 9.0% 970 48 4.9% 2,122
Events 141 138 (3) -2.1% 111 27 24.3% 354
4,172 4,102 (70) -1.7% 4,176 (74) -1.8% 8,598
Grants 367 360 (7) -1.7% 369 (9) -2.4% 701

Monthly
9 13 4 44.4% 11 2 18.2% 21
Spend
Investment
9 8 (1) -11.1% 6 2 33.3% 12
Income
Misc 4 4 -- 0.0% 4 -- 0.0% 8
TOTAL
4,561 4,487 (74) -1.6% 4,566 (79) -1.7% 9,340
REVENUE
COMPARATIVE FINANCIAL REPORT | DECEMBER YTD
FY19 & FY20 ($ in thousands)
12/31/18 12/31/19 YOY Change YOY Change 12/31/19 YTD Budget YTD Budget FY 20
Actual Actual $ % Budget Variance $ Variance % Budget
EXPENSE
Compensation 2,156 2,500 (344) -16.0% 2,597 97 3.7% $ 5,236
Fundraising
1,031 1,108 (77) -7.5% 1,181 73 6.2% 2,458
Expense
Program Fees 579 589 (10) -1.7% 612 23 3.8% 1,224
Broadcast
137 141 (4) -2.9% 143 2 1.4% 287
Expense
All other 425 508 (83) -19.5% 496 (12) -2.4% 933
TOTAL
4,328 4,846 (518) -12.0% 5,029 183 3.6% 10,138
EXPENSE
NET INCOME
$ 233 $ (359) $ (592) -254.1% $ (463) $ 104 22.5% $ (798)
(LOSS)
COMPARATIVE FINANCIAL REPORT | DECEMBER 2019
12/31/18 12/31/19 12/31/19 FY 20

Cost To Revenue
Actual Actual Budget Budget
Development 20.7% 25.6% 27.2% 27.1%
Underwriting
(includes event 36.6% 34.6% 34.6% 34.6%
sponsorship)
Cash Balances 12/31/18 12/31/19 YOY $ YOY %

Operating Reserves $2,300,000 $1,800,000 (500,000) -21.7%
Endowment $512,000 $703,000 $191,000 37.3%
FY 2012 - 2019
Compensation (Salaries + Benefits)
$6,000
$5,000
$4,000
Compensation (in 000)
$3,000
$2,000
$1,000
$0
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Staffing Composition (by Dept.)
30
2013 (Pre-Merger) 2020
25
20
FTE Staffing
15
10
0
Newsroom SLOTA Programming/Podcast Digital/Marketing Technology Events Development Finance/Admin
Staffing Composition (by Dept.)
30
2013 (Pre-Merger) 2020
25
20
71% of staffing resources are in
content-related positions
FTE Staffing
15
10
0
Newsroom SLOTA Programming/Podcast Digital/Marketing Technology Events Development Finance/Admin
Public Radio's 25 Largest Newsrooms
Full-time, Part Time, and Contract Positions, FY 2018
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
0
Source: Corporation for Public Broadcasting Station Surveys Station Resource Group
FY 2012 - 2019
Development Revenue + Corporate Sponsorship Billing
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Development Revenue Corporate Sponsorship Billing

A Note about Development &
Corporate Sponsorship Revenue
• Our growth in Development revenue has been from three primary
strategies
• Increasing Sustaining Memberships (now at 61%)
• Increasing Major Gifts
• Increased Foundation Grants
• Corporate support increases are coming at a time when overall

advertising spending for radio in the St. Louis market is down.
• For the 12 months ending December 2019

• Local Spot revenue was down 1.3%
• National Spot revenue decreased 11.2%
• Total Spot revenue was down 3.9%
FY 2013 - 2019
CPB Funding + UMSL Direct Support
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
CPB Funding UMSL Funding

FY 2013 - 2019
CPB Funding + UMSL Direct Support
$1,000,000
$900,000
$360,000
$800,000 difference
from
$700,000 FY 2013 –
FY 2019
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
CPB Funding UMSL Funding

FY 2013 - 2019
Revenue Trends
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Development Revenue Corporate Sponsorship Billing CPB Funding UMSL Funding

Individual giving is driving public radio station growth
The long-term direction of change is clear
Public Radio Station's Financial Support
Adjusted for Inflation (x1,000)
600,000
Individuals
500,000 Business
CPB and government
Universities
400,000 Other
300,000
200,000
100,000
0
90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17
Source: CPB Public Broadcasting Revenue Analysis by Station Resource Group

The growth is not evenly distributed
53% of organizations saw real growth from FY 2012 to FY 2017, but 47% lost ground
Public Radio Organizations' NFFS – Compound Annual Growth Rate

FY 2012 to FY 2017, adjusted for inflation
50%
40%
30%
20%
10%
0%
0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000 20,000,000
-10%
-20%
-30%
-40%
Source: Corporation for Public Broadcasting Analysis by Station Resource Group
Scale matters . . . immensely
The largest stations are achieving a higher growth rate across a larger base
GROWTH OF NONFEDERAL FINANCIAL SUPPORT FOR CPB-FUNDED PUBLIC RADIO STATIONS - FY 2012 TO FY 2017
Data compiled at the organization level.
Includes 364 organizations operating 381 station grantees with data for both FY 12 and FY 17.
Cohorts based on FY 2012 nonfederal financial support, which has been adjusted for inflation.
Total change Compounded annual

Nonfederal financial FY 12 NFFS FY 17 NFFS Org within the cohort growth rate by organization
support in FY 12 cohort total cohort total count Amount % Median Average
(Inflation adjusted)
> $10 million 327,849,883 429,515,881 16 101,665,998 31% 5.3% 4.6%
$5 million to $10 million 223,130,569 239,629,528 30 16,498,959 7% 0.9% 0.8%
$500,000 to $1 million 50,480,127 53,189,771 71 2,709,644 5% -0.8% 0.0%
$300,000 to $500,000 15,517,531 16,993,042 39 1,475,511 10% -0.7% 0.2%
< $300,000 10,978,580 10,861,223 60 -117,357 -1% -0.9% 0.8%
Total 941,302,953 1,083,167,081 364 141,864,128 15% 0.4% 0.7%

Donor Age Demographics FY14-FY19 (%)
30%
25%
20%
15%
10%
5%
0%
FY14 FY15 FY16 FY17 FY18 FY19
18-24 25-34 35-44 45-54 55-64 65-74 75+
Donor Age Demographics FY14-FY19 (%)
30%
25%
The largest age cohort growth in our donor
base are 25-34 year olds and 35-44.
20%
15%
10%
5%
0%
18-24 25-34 35-44 45-54 55-64 65-74 75+
FY14 FY15 FY16 FY17 FY18 FY19
Let’s Talk About Radio
• We’re defining Radio Listening as:
• Listening via an AM/FM Radio
• Listening to the stream of an AM or FM Station
• Through a website on a desktop computer, phone, or tablet
• Through an app on your phone or tablet
• Through a Smart Speaker
• Radio still reaches more than 90% of the population

• It is still the dominant audio medium in cars
• But Time Spent Listening to radio is dropping
• In the Fall 2019 Nielsen Audio estimates, STLPR is the number
one station in STL with College Graduates
STLPR Radio Performance
Market Share and Daily Cume
College Educated Persons 25+ | St. Louis
Share Daily Cume
10.0% 90,000
9.0% 80,000
8.0% 70,000
7.0%
60,000
Market Share
6.0%
Daily Cume
50,000
5.0%
40,000
4.0%
30,000
3.0%
2.0% 20,000
1.0% 10,000
0.0% -
KWMU-FM KEZK-FM KMOX-AM KSHE-FM KLOU-FM WXOS-FM KYKY-FM KLJY-FM WARH-FM WIL-FM
(AC) (News/Talk) (Classic Rock) (Classic Hits) (Sports) (Hot AC) (Christian AC) (Adult Hits) (New
Country)
M-SU 6am-12midnight | Fall 2019

Market Share and Daily Cume
Persons 18+ | St. Louis
Share Daily Cume
12.0% 250,000
10.0%
200,000
8.0%
150,000
Market Share
Daily Cume
6.0%
100,000
4.0%
50,000
2.0%
0.0% -
KSHE-FM KLOU-FM KEZK-FM KMOX-AM WIL-FM KPNT-FM WARH-FM KYKY-FM KLJY-FM KSD-FM KWMU-FM

Avg. Weekly Time Spent Listening
Persons 18+ | St. Louis
6:00 18,000
5:15
16,000
4:48
14,000
Avg. Weekly Time Spent Listening
4:15
3:45 12,000
3:30 3:30
3:36
AQH Persons
3:15
3:00 3:00 10,000
2:45
2:30 2:30 8,000
2:24
6,000
4,000
1:12
2,000
0:00 0
KWMU-FM KFTK-FM KSHE-FM WFUN-FM KLJY-FM KMOX-AM WXOS-FM WHHL-FM KPNT-FM WIL-FM KSD-FM
News/Talk Classic Rock Adult Urban Christian News/Talk Sports Urban Alternative New Country New Country
Contemporary Contemporary

Percent of Weekly Listening
6-11, 0.2% 12-17, 1.4% 18-24, 1.8%
25-34, 8.6%
Older audiences make up

65+, 39.7% The percentage of African-
the largest share of 35-44, 17.5%
American listeners to STLPR
listening to STLPR with 71%
is 8% in the Fall 2019
of listening done by
persons over 44 years old.
45-54, 15.9%
55-64, 15.0%
6-11 12-17 18-24 25-34 35-44 45-54 55-64 65+

Percent of Weekly Listeners
6-11, 1.0%
18-24, 3.6%
12-17,
5.7%
65+, 27.2%
The distribution of our 25-34, 13.3%
Men listen slightly more
weekly audience is much
than women over the
more balanced with 42% of
course of an average week.
our weekly listeners under 45
years old. 35-44, 18.6%
55-64, 16.9%
45-54, 13.7%
6-11 12-17 18-24 25-34 35-44 45-54 55-64 65+

Observations from The Infinite Dial Study 2019
• Online audio has reached a new high in weekly time spent listening,
potentially driven by podcasting and smart speakers.
• Podcasting has reached a milestone, with the majority of Americans

now saying they have ever listened to one.
• Along with the increases in podcast listening, audiobook consumption

also surged, indicating a trend towards increased spoken word audio
consumption.
• Smart speaker ownership continues to grow, approaching one in four

Americans age 12+. The average smart speaker user possesses two
devices.
The Infinite Dial from Edison Research and Triton Digital is the longest running survey of digital media consumer behavior in America. The
annual reports in this series have covered a wide range of digital media and topics since 1998. The Infinite Dial tracks mobile behaviors,
internet audio, podcasting , social media, smart speakers and more.
The Podcast Revolution
• 70% of Americans are familiar with podcasting

• 51% have listened to a podcast
• 32% have listened to a podcast in the last month
• STLPR had 1.286 million downloads in 2019, up
45% over 2018
Source: Edison Research and Triton Digital
Growth in Podcast Listening
Public Radio continues to
be the dominant player in
podcasting. For now….
But for most stations, not
so much
Source: NPR Digital Services Audience Insights

One More Thing About Audio
Let’s Go Deep In Digital
• STLPR estimates that we now have a larger audience for our
digital products than we do for traditional broadcast radio
• Users visiting stlpublicradio.org have reached an all-time high
• Loyalty to the website is growing with FY 2019 average of

29,125 monthly users with 3+ sessions
• 16% YoY increase from 2018 – 2019
• Mobile App users are relatively flat

KWMU.org
circa 1998
stlpublicradio.org
circa 2009
Coming in 2020:
• New Content
stlpublicradio.org Management
circa 2020 System
• New more
flexible design
STLPR Digital Performance
Total Users (Unique Visits) - Quarterly
900,000
800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
-
STLPR Digital Performance
Avg. Monthly Stream Cume (by quarter)
140,000
120,000
100,000
80,000
60,000
40,000
20,000
Avg. Monthly Stream Cume Linear (Avg. Monthly Stream Cume)

Avg. Monthly Radio Cume (by quarter)
450,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
Avg. Monthly Radio Cume Linear (Avg. Monthly Radio Cume)

STLPR Digital + Radio Performance
Avg. Monthly Stream Cume Avg. Monthly Radio Cume
450,000
400,000
350,000
300,000
250,000
200,000
150,000
100,000
50,000
-
Age Distribution of Website Users
FY 2019
18-24, 7.3%
65+, 11.2%
18-24 The top two age

25-34 55-64, 7.2% 25-34, 12.8% cohorts of users
35-44 visiting
45-54 stlpublicradio.org is
55-64 25-34 and 35-44.
65+ 45-54, 18.8%
35-44, 21.7%
The State of Local Journalism
 Our information ecosystem is drastically changing.
 News is transforming from a private good produced by market organizations to a civic

good, provided by non-market institutions.
 There are critical differences between leading an organization and leading an institution.
 The work of repairing local information ecosystems requires institutional reflection and
exploration, not simply managing for organizational survival.
 Recognizing and working with the difference between organizations and institutions will
help us not just repair, but revitalize and recreate the communities we serve.
- Elizabeth Hansen, The Shorenstein Center at The Harvard Kennedy School

The Newspaper Collapse
Lee Enterprises reported
that in the 3rd Quarter of
2019, the St. Louis Post-
Dispatch had a Sunday
circulation of 105,931
and a weekday
circulation of 67,848.
In 2010, Sunday
circulation was 400,042
and weekday circulation
was 209,838.
KWMU Content Distribution in 2000
• Operate One Radio Stream
• One transmission site
• A website
STLPR Content Distribution in 2020
• Operate Three Radio Streams plus the alternative stream during special coverage
• With four transmission sites
• A website
• Social Media feeds and groups:
• Twitter/Facebook/Instagram
• LinkedIn/YouTube
• Plus distribute to Reddit and other groups
• News Aggregators like Google News and Flipboard
• Our mobile app
• NPR One
• Smart Speakers including our Alexa Skill
• Newsletters
• Podcast distributors (Apple, Spotify, etc.)
CONSEQUENCE:
NEWS DESERTS
Newspapers Continuing to Close
2018 Update to News Deserts Report from the University of
North Carolina
 About 200 communities have completely lost any type of newspaper

coverage
 Of the 7,100 surviving papers, many of them are “ghost papers” and
converted shoppers
 About half of 3,143 counties have one remaining paper, usually a

weekly
Source: The Expanding News Desert, Penelope Muse Abernathy, UNC School of Media and Journalism
CONSEQUENCE:
MISINFORMATION
HOW CAN WE REPAIR THE
INFORMATION HEALTH OF OUR LOCAL COMMUNITIES?
From: Neuman, Shula
To: Acquisto, Nick; Ahl, Jonathan; Althoff, James F.; Altman, Maria A.; Baker, Pax (KWMU FM Radio); Bentley,
Dennis; Bewley, Jeffrey L.; Bradford, Maria; Brake, Jennifer L.; Brown, Lauren; Broz, Sophie; Burton, Geoffrey L.;
Cazares, David; Chen, Eli; Cronin, Robert; Custalow, Lisa; Davis, Charles; Davis, Leslie; Delaney, Ryan; Delp,
Tomi; Doerr, Aaron; Drake, Kayla; Driscoll, Jaclyn; Eby, Tim; Edwards, MaryK.; Ehrlich, Frederick; Farzan,
Shahla; Fenske, Sarah; Fentem, Sarah; Franklin, Jeffrey L.; Freeman, Melody D.; Garcia, Nick; Gherardini,
Cynthia; Goodwin, Jeremy; Hamdan, Lara; Hamilton, Denice; Harrell, Jade; Heffernan, Brian; Hemphill, Evie;
Henderson, Andrea; Heuer, Alex; Hughes, A. Maureen.; Jessup, Ciera; Jones, Brent; Kerley, Shelley A.; Korris,
Mackenzie; Kovaluk, David; Lewis-Thompson, Marissanne; Lippmann, Rachel D.; Lloyd, Timothy S.; Luther,
Jessica M.; Mack-Hansen, Kiriana; McDonald, Charles T.; McQuinn, Daryl; Munteanu, Gregory A.; Neuman,
Shula; Owsley, Dennis C.; Painter, Madalyn C.; Parks, Kathy S.; Peterson, Robert B.; Petrin, Kae; Phelps, Joshua;
Pratt, Wayne J.; Reed, Spencer M.; Reich, Linda M.; Rice, Alexander; Rosenbaum, Jason A.; Ruff, Corinne;
Sankula, Sri Harsha; Schmid, Eric; Schrand, Michael; Seymour, Daniel; Sutter, Erin; Thomas, Natalie G.; Toler,
Lindsay; Williams, Brendan B.; Wise, Marquetta; Woodbury, Emily; Yang, Jia Lian
Subject: Sent on Behalf of Tim Eby
Date: Tuesday, May 19, 2020 4:37:14 PM
Hello everyone,

You have just received an email from the university’s Office of Finance and Administration
that outlines salary reductions throughout the university. We have verified that St. Louis
Public Radio is not exempt from these cuts. I’ve included a copy of the email below.

I have said in the past that we are largely immune from the financial decisions that the
university makes because we raise our own money. Unfortunately, we are still a part of
UMSL’s overall budget and that seems to be why we are part of the reductions.

Let me assure you that I didn’t know that these cuts were coming, nor did I know that the
university would include us in these decisions. I plan to advocate that the university
reconsider our inclusion in this decision. If they won’t reconsider then I will fight to make the
reductions only apply to our staff for a limited time.

This is upsetting for all of us, and I’m sure many of you have questions and concerns. As
always, please feel free to reach out to me. I will keep you informed of anything I learn that
could change the situation.

I’m very sorry. Thank you for your patience.

Tim
Dear Colleagues,
Our university community has worked diligently to ensure a sustainable approach to

financial planning – an approach that has realized a balanced budget for the last three
consecutive years. Now, in this time of crisis, our university must again take bold actions to
sustain its critical mission to transform lives through education, research, service and
economic development.
Today, we write to share a decision to enact a temporary, university-wide salary reduction

that will affect just over half of our faculty and staff, including those in grant-funded
positions. Effective June 1, 2020:
Employees who earn less than $50,000 – 48 percent of our workforce – are excluded from
this action.
Employees who earn between $50,000 and $74,999 – 31 percent of our workforce – will
take a 2.5 percent pay reduction.
take a 5 percent pay reduction.
take a 7.5 percent pay reduction.
Employees who earn $125,000 or more – 5 percent of our workforce – will take a 10
percent pay reduction.
The Executive Policy Group approved this plan with input from the University Assembly
Budget and Planning Committee. It creates an equitable baseline for employees across
campus – limiting the impact for 80 percent of our employees to 2.5 percent or less.
These reductions are planned for up to 12 months, but will be assessed every three months
given evolving budgetary impacts. In total, this action could realize a savings of up to $4.3
million which aligns with the current projected state withhold of $4.7 million in FY21.
While this action is just one component of our larger sustainable budget planning efforts, it
does give the university time to consider and execute more complicated, long-term
decisions to support our future. Our college, school and division leaders are currently
assessing their units to meet our FY21 fiscal goals and beyond. It is important to note that
this pay reduction measure alone will not achieve the steep cuts necessary, and many units
will enact additional measures to further reduce costs.
We know that many of you will have questions about how these pay reductions will affect
you personally. Please reach out to Human Resources to address specific questions and
refer to the follow resources for guidance.
HR-710 Payroll Reduction Measures for Administrative, Service and Support
Employees
· HR-720 Payroll Reduction Measures for Faculty and Other Academic Appointees
We understand that these necessary pay reductions are painful, and we appreciate how
hard everyone is working to stay focused on our educational mission during this time.
However, we take these steps to ensure that UMSL emerges from the financial stress of
the pandemic as a stronger university focused on serving our students and community as
an elite public metropolitan university.
Sincerely,
Tanika Busch
Interim Vice Chancellor and Chief Financial Officer

James Hertel
Executive Director, Human Resources

Shula Neuman
Executive Editor
St. Louis Public Radio | 90.7 KWMU
UMSL at Grand Center
3651 Olive Street
St. Louis, MO 63108
stlpublicradio.org
w: 314-516-7353 | m: 314-374-2360
Twitter: @shuneu

July 1, 2020
Dear Shula and Tim,
As people all over the world are rising up to affirm the value of Black lives, news organizations
across the country are grappling with legacies of structural racism that have resulted in
newsrooms, editorial staff, leadership teams, and boards that are almost entirely white.
St. Louis Public Radio, which had an all-white newsroom until 2013, is no exception. Despite
receiving hundreds of thousands of dollars in public funds to increase diversity at the station in
2017, the newsroom is still majority white, including the editorial staff. Perhaps the most glaring
lack of representation is in senior leadership, which has no individuals of color. It is also worth
noting that on average, compensation for Black reporters lags behind that of their white
counterparts and their non-Black colleagues of color, even though they have the lived
experience to serve a region that includes areas that are close to 50 percent Black. What’s
more egregious is that the station continues to uphold a culture that devalues Black on-air hosts
by denying airtime and training opportunities to Black women who are eager to learn and
enthusiastic about serving their community.
Actions speak louder than words, and no public statements on “valuing diversity,
inclusion, and equity” or performative assertions of “Black Lives Matter” will ring true
until our leadership, staffing, and financing practices reflect the communities we serve.
Even as newsrooms across the nation, including our own, are reeling from layoffs, furloughs,
and closures, we remain undeterred in our conviction that things must change. Our values are
being tested and our integrity is at stake. What we do next will determine whether we stay
relevant, trusted, and sustainable through these uncertain times.
We are asking you in good faith to consider the enclosed actions and look forward to a
response within a week. Going forward, we expect frequent written updates on steps taken and
progress made toward achieving our goal of making a better St. Louis Public Radio.
Together,
Aaron Doerr Evie Hemphill Lauren Brown

Andrea Henderson Jaclyn Driscoll Lindsay Toler
Brent Jones Jason Rosenbaum Marissanne Lewis-Thompson
Chad Davis Jeremy D. Goodwin Rachel Lippmann
Corinne Ruff Jonathan Ahl Ryan Delaney
David Kovaluk Jia Lian Yang Sarah Fenske
Eli Chen Kae Petrin Sarah Fentem
Emily Woodbury Kayla Drake Shahla Farzan
Eric Schmid Lara Hamdan
1
July 1, 2020
Diversify staff at St. Louis Public Radio, particularly by increasing Black representation
in editorial and leadership positions.
1. We are calling for the departure of Robert Peterson from his role as the Director of Radio
Programming and Operations.
a. Tim Eby stated in an email to the newsroom that he shares our goal of having a
workplace where “all staff members are treated with dignity and respect, all staff
members are supported in learning, growing and realizing their career ambitions,
[and that] organizational culture is actively focused on becoming antiracist.”
b. It has become evidently clear through Robert Peterson’s actions alone that he
does not share those same goals. Robert Peterson has demonstrated that he
doesn’t uphold the station’s values and vision of diversity, inclusion and equity,
including:
i. The repeated denial of professional opportunities to women of color;
ii. The denial to and delay of adequate training opportunities for the station’s
only Black on-air host;
iii. The continued hiring of white men for full-time host roles during major
news magazines and management positions;
iv. Programming decisions that do nothing to bring additional voices of color
to our station;
v. A failure to provide full-time and part-time hosts with adequate days off,
via vacation or on university holidays.
2. Audit all internal promotions over the last 5 years, including the rationale for an internal
promotion versus an external search, the race of the person departing the position if
filling an existing position, and the race of candidates promoted from within.
a. Prepare this audit every two years after the initial audit to share during an all-staff
meeting.
b. Develop strict and uniform criteria for internal promotions across all departments,
including the impact on minority representation at the station, and ban all internal
promotions that do not meet those criteria.
3. Make the required qualifications for the Senior Producer of On Demand and Content
Partnerships position include “proven ability to relate to and develop diverse and minority
audiences” and an “in-depth knowledge of the people and issues of the St. Louis region.”
a. At least two of the final candidates brought in for interviews must be Black or
another underrepresented minority.
b. Add the Senior Producer of On Demand and Content Partnerships to the
Leadership team.
4. After the hiring freeze, prioritize posting the Race, Identity, and Culture editor position
and add duties to that position to include responsibility for editing critical beats to our
news coverage and not just Race, Culture and Identity.
a. Candidates should meet the required qualification of “proven ability to relate to
and develop diverse and minority audiences.”
2
July 1, 2020
5. For all open positions on the leadership team, at least two members considered must be
Black or another underrepresented minority.
6. For all open editor positions, at least two of the final candidates brought in for interviews
must be Black or another underrepresented minority.
7. Require editors to undergo continual training on ethics and best practices for editing
stories on marginalized communities of which they are not members.
8. Implement consensus-driven decision-making practices where members of the
leadership team represent the interests of those they supervise and manage.
a. Performance evaluations of managers and supervisors should assess the extent
to which they demonstrate clear goals and buy-in for their decisions and
especially for large-scale projects. Those who they supervise should have a
chance to respond to their self-evaluations and have such responses be
documented by HR.
Hire, recruit, and retain staff of color, especially Black reporters and editors.
1. Evaluate effectiveness and outcomes of actions taken by management to increase

diversity since 2017, including surveys and training.
a. Provide an account of where the station stands in implementing all previous
suggestions made by staff regarding issues of diversity and inclusion.
b. Audit all managers and supervisors for their success or failure to encourage,
mentor, and promote Black staff.
2. Draft a plan to hire and recruit Black staff through outreach to historically Black colleges
and universities, National Association of Black Journalists, journalism schools,
conferences, and paid internships and fellowships.
a. Acknowledge that systematic racism results in gatekeeping and barriers to Black
journalists by adjusting job qualifications to welcome candidates from outside a
traditional journalism background.
b. Commit to consistently making good-faith attempts to match salaries from any
organization or company that has offered a Black candidate a similar position, and
have a system in place to ensure that these good-faith attempts truly are happening.
3. Develop the infrastructure and culture to welcome, train, and retain Black staff,
especially new reporters, so that we are ready to implement the plan to hire and recruit
them once the hiring freeze is lifted.
a. New hires need to go through a comprehensive and rigorous training process to
build up their skills, particularly when it comes to their broadcast work. That includes
work on script-writing, voicing, audio production and feature writing. Management
needs to set up realistic timelines and goals for mastering these skills. And they
should not discourage other members of the staff from assisting new hires when
they have questions.
b. Commit $5,000 from the fiscal year 2022 budget to compensate five members of a
“Welcome New Hire” on-boarding team to develop and implement training,
professional development and retention practices, to be adopted station-wide.
3
July 1, 2020
c. Work with the Ida B. Wells Society to develop the next generation of Black
investigative journalists
4. Work with individual reporters to create a clear path for professional growth and
advancement that reflects the career aspirations of the reporter. Check in with reporters
on a regular basis to ensure they feel supported in their progress along the path. Alter
the path as needed.
a. After three years at the station, if a reporter has hit all of their benchmarks and has
clearly showcased that they are a valuable contributor, they should automatically
get to reassess what their specific role/beat is at the station.
b. Evaluate managers and supervisors for their success or failure to encourage,
mentor, and reward Black journalists and journalists of color for their aspirations and
accomplishments.
5. Develop relationships with local high schools and universities to expand opportunities for
young Black journalists and journalists of color.
a. Commit $9,000 of the fiscal year 2022 budget to compensate three members of an
outreach team (including travel) to support these relationships and recruit Black
staff, especially Black reporters.
6. Over the next five years, develop a more meaningful partnership with the St. Louis
American and The Griot Museum to help expand their capacities for audio storytelling
and improve our relationships with talented Black journalists, storytellers, and historians
through a funded fellowship program.
7. Increase safety and prevent burn-out with a codified, written policy for hour-for-hour
compensated on-call, night and weekend overtime work, personal days granted without
question, and personal protective equipment being made available the instant it is
needed.
8. Interrogate how the overrepresentation of Black staff and staff of color for events and
documentation that improve our public image stands in stark contrast to the
underrepresentation of Black staff and colleagues of color in the newsroom, as editors,
and on the leadership team.
a. Remove the expectation that Black staff and staff of color, particularly reporters,
must earn their place at the station through photo ops, hosting live events or donor
gatherings, or attending galas.
Increase transparency in our financing practices.
1. Host a dedicated all-staff meeting to offer an honest explanation for why St. Louis
Public Radio has been in the red and what the plan is to get out of it, including
documentation of expenses from the last five years.
a. Send documentation of expenses from the last five years via email to all
staff.
2. Give a report on expenditures made to cultivate donors within the last five years.
4
July 1, 2020
3. Give a report on expenditures made by the building committee. Allow the

members of the station to take a vote on whether or not the building committee
should continue.
a. Propose an alternative structure for employees to participate in building
development decisions that involves more people and provides more
financial context.
4. Implement a participatory budgeting model where each member of the leadership team
is accountable to those they manage and supervise for decisions made around finances.
5
Response to letter from July 1, 2020
The subject of your letter to Shula and me with the subject line of “Time For Action” is an
appropriate heading for the need for improvement and change at St. Louis Public Radio.
It is a Time For Action.
There are responses to your concerns detailed in the subsequent pages of this document, along
with a number of additional attachments with supporting information.
However, before addressing the specific responses, Shula and I would like to address the most
important and pressing item from your letter which is to increase Diversity in leadership and
the supervisor levels at St. Louis Public Radio.
It is clear we must have a diverse workforce at all levels of our organization, and specifically in
leadership and at the supervisory levels. This will not be solved in a matter of weeks, but we
must move quickly to address the shortcomings that have held us back.
This begins with our recruitment and hiring process across the organization. We are taking
action now to address our shortcomings in this area, and many of those steps are detailed in the
responses that follow.
We must also hold all staff, particularly those in leadership and supervisory positions,
accountable in meeting the expectations around Diversity, Equity, and Inclusion that reflect the
values of St. Louis Public Radio and the University of Missouri - St. Louis. Our Performance
Appraisal process has a specific Success Factor for Diversity and Inclusion. We will establish
distinct goals for our supervisors that provide clear expectations for the professional
development of staff, including Black and persons of color, to provide a clear path to moving
forward in their career plans.
While it is essential that we are successful in recruiting diverse talent from outside the
organization, that is just the first step. We believe that creating a pathway for upward mobility for
staff who are Black and non-Black persons of color inside St. Louis Public Radio is as important
to creating a workplace culture that we aspire to have, and that we should have as a public
service media organization that serves a diverse community. This begins with an environment
that stands for equity, diversity, and inclusion as a vital component in engaging and retaining the
people who are key to this organization’s success today and in the future.
In the cover letter to your communication, there is a reference to the compensation for St. Louis
Public Radio’s Black reporters lagging behind that of their white counterparts and their non-
Black colleagues of color. While this was not included in the subsequent pages of the document
that was delivered to Shula and me, we will make an inquiry to Office of Human Resources at
UMSL and the UM System regarding the possibility of compensation studies.
There are an additional number of important issues brought forth in your communication that we
will be addressing in the following pages.
Thank you for your passion and dedication for our organization and your colleagues. We look
forward to advancing these vital changes to our organization in a thoughtful manner.
Tim Eby
General Manager
Shula Neuman
Executive Editor
Confidential - For Internal Use Only | Response to letter from July 1, 2020 | Page 2
Diversify staff at St. Louis Public Radio, particularly by increasing Black representation
in editorial and leadership positions.
1. A request calling for the departure of a staff person at St. Louis Public Radio.
As a policy, we cannot discuss individual personnel matters. However, the concerns

addressed in the July 1, 2020 document have been shared with the Office of Human
Resources and the Office of Diversity and Inclusion and we take them very seriously.
2. Audit all internal promotions over the last 5 years, including the rationale for an
internal promotion versus an external search, the race of the person departing the
position if filling an existing position, and the race of candidates promoted from
within.
Here are the individuals who were promoted internally without a search over the past
five years:
Shula Neuman
Promoted from Editor to Executive Editor (replacing Margaret Frievogel)
February 2016
Maria Altman
Promoted from Reporter to Editor (replacing Bill Raack)
January 2018
Alex Heuer
Promoted from Senior Producer to Executive Producer, St. Louis on the Air (replacing
Mary Edwards)
August 2018
Tim Lloyd
Promoted from Host/Producer, We Live Here, to Senior Producer, On Demand and
Content Partnerships (new position)
May 2019
Jennifer Brake
Promoted from Senior Advancement Officer to Associate Director of Advancement
(replacing Denice Hamilton)
July 2020
The University does not share individual personnel employment data which would
include details on the rationale for their promotion.
a. Prepare this audit every two years after the initial audit to share during an
all-staff meeting.
The next summary will be provided in July 2022.
b. Develop strict and uniform criteria for internal promotions across all
departments, including the impact on minority representation at the
station, and ban all internal promotions that do not meet those criteria.
This criteria is in the process of being developed with UMSL Human Resources
and UM System policy. We will commit to not undertaking any internal
promotions without a search until this criteria is completed.
3. Make the required qualifications for the Senior Producer of On-Demand and
Content Partnerships position include “proven ability to relate to and develop
diverse and minority audiences” and an “in-depth knowledge of the people and
issues of the St. Louis region.”
The job posting for the position is now online on our website.
a. At least two of the final candidates brought in for interviews must be Black
or another underrepresented minority.
We share your goal of seeking a diverse pool of applicants for all of our job
openings at St. Louis Public Radio.
It is illegal to use race as a criteria for hiring. However, it is essential that we do

the work required to ensure to have a diverse pool of applicants.
We are currently working on a pool certification process that is currently used

when recruiting Faculty at UMSL. This process is overseen by the Office of
Diversity and Inclusion at UMSL and stipulates that before the search committee
can begin interviewing candidates, the applicant pool needs to be certified by the
Office of Diversity and Inclusion. Once the pool is certified, a committee member
can contact the applicants for an interview.
b. Add the Senior Producer of On-Demand and Content Partnerships to the

Leadership team.
Our intention is that the individual hired for this position will be part of the
Leadership team at St. Louis Public Radio. For this reason, the search committee
will be facilitated by Tim Eby and Jess Luther. This search will be a highly
inclusive process and we are currently finalizing the makeup of the search
committee.
4. After the hiring freeze, prioritize posting the Race, Identity, and Culture editor
position and add duties to that position to include responsibility for editing critical
beats to our news coverage and not just Race, Culture and Identity.
It is our long-term strategy to increase content staff at St. Louis Public Radio
when our budget allows us to do so. Our current Diversity and Culture reporter,
who was originally funded through the Sharing American grant and is now part of
our general operating budget, reports to an editor who considers Diversity,
Equity, and Inclusion integral to his job as well as the job of the entire newsroom.
We will prioritize creating a Diversity and Culture editor whose job will also be to
edit other beats. This will be especially important as we hire more reporters when
our financial situation improves.
a. Candidates should meet the required qualification of “proven ability to

relate to and develop diverse and minority audiences.”
The “proven ability to relate to diverse and minority audiences” should be a

preferred qualification for all of our editor positions. We would appreciate it if you
would provide more information as to how you interpret the role of an editor to
“develop diverse and minority audiences” as part of an editor’s work in the
newsroom operation.
5. For all open positions on the leadership team, at least two members considered
must be Black or another underrepresented minority.


6. For all open editor positions, at least two of the final candidates brought in for
interviews must be Black or another underrepresented minority.

7. Require editors to undergo continual training on ethics and best practices for
editing stories on marginalized communities of which they are not members.
There is currently no training available in public radio journalism for this specific
request. However, there is plenty of training for editors (and reporters) about
reporting on marginalized communities, especially those they do not belong to,
as well as training on unconscious bias.
While our budget is severely limited at this point for paid training, editors will now
be required to either show proof to Shula of having read articles and books or of
having attended webinars that focus on how our implicit biases as well as the
assumption of whiteness intersect with how we practice journalism.
Examples include:
● During the pandemic, covering those we left out
● The empathetic newsroom: How journalists can better cover neglected
communities
● Webinar: Building resilience - The imperative of inclusion (parts one and
two)
Finally, in her role as PMJA president, Shula will also insist on creating training
around covering communities of which journalists aren’t members for editors
(and reporters).
8. Implement consensus-driven decision-making practices where members of the

leadership team represent the interests of those they supervise and manage.
a. Performance evaluations of managers and supervisors should assess the
extent to which they demonstrate clear goals and buy-in for their decisions
and especially for large-scale projects. Those who they supervise should
have a chance to respond to their self-evaluations and have such
responses be documented by HR.
The success factors built into our current Performance Management system
address these elements. As an organization, our performance management
process should be continually improving with the assistance and support from the
UMSL Office of Human Resources. Prior to the annual process later this fiscal
year, we will be reviewing our process with UMSL HR and provide training
sessions for all staff to ensure that the process is transparent and fair.
Attached are documents that detail those success factors for managers and
leaders.
Hire, recruit, and retain staff of color, especially Black reporters and editors.
1. Evaluate effectiveness and outcomes of actions taken by management to increase

diversity since 2017, including surveys and training.
Attached is a summary of our 2019 and 2020 Staff surveys. Also attached is a summary
of our DEI training initiatives offered to STLPR staff since 2017. The effectiveness of
these efforts can be measured by the staff comments and a follow-up survey as well as
specific actions taken from the training/workshops.
a. Provide an account of where the station stands in implementing all

previous suggestions made by staff regarding issues of diversity and
inclusion.
To start, attached is a July 2020 update that follows a summary of ideas and
action items as workshopped by groups of staff members. The Power Shift July
2020 Update document outlines many of the suggestions from staff, summarized.
The document also contains a key to the status of these ideas and action items.
It is important to note that these ideas have not been vetted with the majority of
staff, though they were shared in discussion during the Power Shift training.
Department heads will follow the attached document with a prioritized list of
action items to be vetted by staff by July 24.
An additional option is to take anonymous feedback from the 2019 and 2020 staff
surveys and summarize open-ended responses, which are excluded from the
attached 2019 and 2020 staff survey responses, and in summary removing what
information could be perceived as identifying. If this option is favorable, it will
need to be presented and approved by all staff as a condition of the surveys was
anonymity.
b. Audit all managers and supervisors for their success or failure to

encourage, mentor, and promote Black staff.
The Diversity & Inclusion success factor, which is important part of our
performance appraisal process, addresses this specifically in the following
matter:
An outstanding performance would be a manager who develops or facilitates

new development opportunities for diversity and inclusion competencies for
employees (e.g. spends time during project debriefs analyzing inclusion of
project and how it can be done more effectively for other projects).
A manager who exceeds expectations seeks out and proposes new development
opportunities for diversity and inclusion competencies for self and employees
(e.g. finds several training sessions and removes barriers that could prevent
employees from attending).
A successful manager designates time for self and all employees to participate in
diversity and inclusion development opportunities; applies competencies learned
during these opportunities in daily practice (e.g. expects employees to create
accessible materials).
A manager who receives a rating of improvement expected allows employees to

engage in diversity and inclusion activities and opportunities, but does not
introduce these activities to the entire team (e.g. sometimes informs employees
about learning opportunities related to diversity and inclusion).
And a manager receiving an unacceptable rating would discourage participation

in professional development opportunities for employees under their supervision
as it relates to diversity and inclusion (e.g. will not allow employees to engage in
diversity and inclusion training sessions during work hours).
Additional elements incorporated into the Diversity & Inclusion success factor are
that the manager:
● Creates and leads a culture/environment of inclusion by exemplifying

inclusive behaviors, challenging the status quo, and suggesting
improvements, as appropriate; promotes the interaction and integration of
diverse individuals into teams to positively impact the function/department
and to ensure diversity and inclusion needs are met
● Integrates different perspectives and backgrounds to meet organizational
needs and establish a new way of working; models inclusive decision-
making within own and across functions/departments.
In addition, the University offers a series of training opportunities through its

MyLearn online training program and these tools will also be used to deepen the
knowledge of our supervisors across St. Louis Public Radio. Attached is a list of
the training opportunities offered through MyLearn that are resources to our
Performance Appraisal process.
We will ensure that all supervisors understand that staff development is an

important element of their job responsibilities.
2. Draft a plan to hire and recruit Black staff through outreach to historically Black
colleges and universities, National Association of Black Journalists, journalism
schools, conferences, and paid internships and fellowships.
Attached is a summary of the current process for recruiting and hiring process for our
newsroom including the current outreach efforts to attract Shula will share the work that
she has done to recruit diverse candidates. The summary also includes further efforts to
be undertaken in the future.
a. Acknowledge that systematic racism results in gatekeeping and barriers to

Black journalists by adjusting job qualifications to welcome candidates
from outside a traditional journalism background.
Jess is working with UMSL Human Resources on adjusting our job postings. The
posting for the Senior Producer of On-Demand and Content Partnerships will
take into account our efforts to be more welcoming to candidates from outside a
traditional journalism and public radio background.
b. Commit to consistently making good-faith attempts to match salaries from

any organization or company that has offered a Black candidate a similar
position, and have a system in place to ensure that these good-faith
attempts truly are happening.
We are committed to retaining a diverse staff and going forward will make good-
faith efforts within the construct of our budget to match salary offers should such
instances occur.
3. Develop the infrastructure and culture to welcome, train, and retain Black staff,
especially new reporters, so that we are ready to implement the plan to hire and
recruit them once the hiring freeze is lifted.
a. New hires to go through a comprehensive and rigorous training process to build

up their skills, particularly when it comes to their broadcast work. That includes
work on script-writing, voicing, audio production and feature writing. Management
needs to set up realistic timelines and goals for mastering these skills. And they
should not discourage other members of the staff from assisting new hires when
they have questions.
The newsroom has a standard onboarding checklist that each hiring manager is
supposed to work from when a new employee starts. This checklist is located in
the newsroom drive:
https://docs.google.com/spreadsheets/d/1vZoq8J4YwHHRByAoanwmakmEio7Z
5D7lciHfASt0AM4/edit?usp=sharing
For clarity, we are adding an additional column to this checklist that will reflect
learning outcomes, or what we expect a reporter to be able to do because of the
training.
Every reporter joins the newsroom with varying degrees of proficiency in any of
these skills. Therefore, editors have the discretion of spending more or less time
on any given skill.
The goal for any new reporter to the station is that they can be proficient in the
skills necessary within six months. If, at three months, it seems that they aren’t
on track to have a solid grasp of any skill, we talk with them and find ways to give
them support they need to succeed.
As you can see from the checklist, onboarding covers all the basic tools that a
reporter needs to function in our newsroom. We also have documentation of our
standards and protocols in the Google drive that people can refer to if they need
reminders. Training on voicing and quality of writing either for radio or web is
entirely dependent on the skill level with which the employee joins us. For
example, employees who have not had radio experience receive extensive
support primarily from Shula.
We have never discouraged new reporters from asking for help from anyone,
much less those on staff who are more experienced. We currently reiterate the
importance of peers helping each other for whatever situation.
b. Commit $5,000 from the fiscal year 2022 budget to compensate five
members of a “Welcome New Hire” on-boarding team to develop and
implement training, professional development and retention practices, to
be adopted station-wide.
We are reviewing and will be revising as needed our onboarding procedures and,
most importantly, ensuring that these procedures are adopted across the
organization.
No precedent exists at UMSL to support this idea to compensate employees for

their participation as outlined in this proposal. However, should we proceed to
develop such a team, the work of these participants should be taken into account
as part of their performance appraisal which could then lead to merit increases.
Further clarification is needed on how this team would work with supervisors
across the organization to develop these protocols and practices.
c. Work with the Ida B. Wells Society to develop the next generation of Black
investigative journalists
Within the past three years, we’ve put a much higher priority on doing more
investigative journalism in our newsroom. This is why we’ve pursued the
opportunity to be part of APM Reports and why we agreed to join the NPR
Midwest Investigative Hub. We have long encouraged, and still encourage, all of
our reporters to pursue training opportunities, including with Ida B. Wells.
We have reached out to Ida B. Wells to see what kind of work we could do with
them to further the skills of Black journalists in investigative work. We have also
been communicating with them about the upcoming positions with the NPR Hub.
We would like more clarity around this proposal, especially to answer what
STLPR can do, specifically, to develop the next generation of Black investigative
journalists in the country. My role is to develop reporters in our newsroom so they
can feel professionally fulfilled in their current jobs as well as feel supported as
they move through their careers.
That said, if the proposal is to go beyond our newsroom, we could see a few
options:
● Internships specifically for journalists of color interested in becoming
investigative reporters.
● Offer our station to Ida B. Wells as a training hub in the Midwest where
they can hold their training and conferences.
● Work with other investigative journalism organizations and NABJ to bring
more training into our newsroom and make sure that we are submitting
our investigative work for awards to make sure our achievements are
recognized.
4. Work with individual reporters to create a clear path for professional growth and
advancement that reflects the career aspirations of the reporter. Check in with
reporters on a regular basis to ensure they feel supported in their progress along
the path. Alter the path as needed.
a. After three years at the station, if a reporter has hit all of their benchmarks
and has clearly showcased that they are a valuable contributor, they
should automatically get to reassess what their specific role/beat is at the
station.
Further information is needed to better understand how this would function as it
relates to our organization’s editorial strategy.
b. Evaluate managers and supervisors for their success or failure to

encourage, mentor, and reward Black journalists and journalists of color
for their aspirations and accomplishments.
As noted elsewhere, we will be strictly reinforcing the importance of professional

development, coaching, and mentoring Black and non-Black staff members of
color, as part of our Performance Appraisal process.
5. Develop relationships with local high schools and universities to expand

opportunities for young Black journalists and journalists of color.
Programs like Youth Radio at other organizations have an entire full-time team of staff
dedicated to these efforts. While we may aspire to have a similar initiative for ourselves,
we don't have the personnel or resources at this time to invest in that type of activity but
will evaluate its potential for the future.
The St. Louis Public Radio Photojournalism Prize that we created in 2019 provided
strong engagement with high school journalism programs. It is our intention to continue
that initiative as the first year was very successful in providing training, resources and
public recognition to a diverse group of high school students.
It is also a funding priority for us to resume our Fellowship program for emerging
journalists of color that has resulted in successfully advancing the careers of young
Black journalists and journalists of color over the past several years.
a. Commit $9,000 of the fiscal year 2022 budget to compensate three

members of an outreach team (including travel) to support these
relationships and recruit Black staff, especially Black reporters.
Beginning in 2016, STLPR was among 30 public media organizations that

launched Public Media Village to recruit at the NABJ/NAHJ conference in
Washington, D.C. In 2017, 2018, and 2019 the Public Media Village expanded to
three minority journalism conferences, and the Online News Association
convention. Approximately $12,000 has been invested in this effort over the past
four years.
We have a demonstrated history of attendance at these conferences and as our

budget allows for conference attendance in the future, we will seek to resume our
participation in these activities.
No precedent exists at UMSL to support the idea to directly compensate
employees for their participation as outlined in this proposal, however, we could
pay for travel and other expenses to serve as outreach ambassadors for STLPR
at these conferences as our future budget allows.
6. Over the next five years, develop a more meaningful partnership with the St. Louis
American and The Griot Museum to help expand their capacities for audio
storytelling and improve our relationships with talented Black journalists,
storytellers, and historians through a funded fellowship program.
As noted, this effort requires funding and staffing. This concept would need to be vetted
and developed with staff in news, on-demand, development and marketing to create a
budget and then seek the funding to ensure an initiative that is sustainable for a
minimum of three years.
7. Increase safety and prevent burn-out with a codified, written policy for hour-for-
hour compensated on-call, night and weekend overtime work, personal days
granted without question, and personal protective equipment being made
available the instant it is needed.
The exhaustion from the non-stop news cycle coupled with the safety issues for
newsroom staff in covering the pandemic and the protests locally cannot be overstated.
The dedication of our staff to work through these challenges is a demonstration of the
commitment to excellence that is showcased on a daily basis to our audience.
The guidelines currently used by supervisors are designed to provide a work-life balance
that acknowledges the varying schedules that salaried staff who are exempt from
overtime spend working above and beyond regular work hours.
Beginning immediately, we will regularly assess every three months our inventory of
personal protective equipment. At this moment, a majority of the PPE recently
purchased has yet to be used by newsroom employees.
8. Interrogate how the overrepresentation of Black staff and staff of color for events
and documentation that improve our public image stands in stark contrast to the
underrepresentation of Black staff and colleagues of color in the newsroom, as
editors, and on the leadership team.
a. Remove the expectation that Black staff and staff of color, particularly
reporters, must earn their place at the station through photo ops, hosting
live events or donor gatherings, or attending galas.
Many of our events are around content and the participation of our reporters with
topic expertise are critical.
As leaders of this organization we will state unequivocally that it is unacceptable
for any staff person to communicate such expectation to Black staff and staff of
color. Any individual, or individuals, communicating such an expectation would
be disciplined as outlined in UM System policy HR-601.
It is the expectation that all staff participate in some station events or donor
events such as representing the station at festivals, during fund drives, or other
donor and station events. This is part of the job description described as "other
duties as assigned." Our donors and audience members love meeting the people
who produce our content that they hear on-air and read online.
If it is the request to be more explicit about this in our job descriptions, then we
will clarify that if necessary. We would like to engage in further conversation
about how we staff our events.
Increase transparency in our financing practices.
1. Host a dedicated all-staff meeting to offer an honest explanation for why St. Louis
Public Radio has been in the red and what the plan is to get out of it, including
documentation of expenses from the last five years.
A comprehensive review of our revenue and expenses over the past five years was
provided to St. Louis Public Radio’s staff on July 16, 2020.
a. Send documentation of expenses from the last five years via email to all
staff.
A confidential narrative of the presentation offered on July 16, 2020 will be

shared with staff no later than July 31,2020.
2. Give a report on expenditures made to cultivate donors within the last five years.
Our expenses to cultivate donors through donor events, business meetings and meals is
usually less than $10,000 annually. Many of our events to cultivate donors are paid for
by the donors who are hosting the gatherings.
3. Give a report on expenditures made by the building committee. Allow the

members of the station to take a vote on whether or not the building committee
should continue.
Attached is a summary of major building improvement expenditures.
a. Propose an alternative structure for employees to participate in building
development decisions that involves more people and provides more
financial context.
To ensure a greater transparency of the work of the Building Committee, we will

request that members of the committee report to the department they represent
on a regular basis regarding the work of the committee. In addition, we will invite
each department to annually review their department representative on the
committee
4. Implement a participatory budgeting model where each member of the leadership

team is accountable to those they manage and supervise for decisions made
around finances.
Each department head will share budget information within their department on a
quarterly basis and seek input on budget priorities for the coming fiscal year as part of
our budget planning calendar.
Attachments:
● Success Factors Definitions

● Summary of 2019 and 2020 Staff Surveys
● Summary of our Diversity, Equity, and Inclusion training initiatives offered to STLPR staff
since 2017
● Survey Responses from PowerShift Training in the fall of 2019
● MyPerformance Diversity and Inclusion Resource
● UM System myLearn Resources for Success Factors
● Power Shift Exercise Narrative - July 2020 Update
● Newsroom Hiring Process
● Summary of major building improvement expenses approved by the Building Committee
Email text to share STLPR Blog post with staff (before it is made public)
I want to share with each of you on our staff this Inside STLPR Blog post - before it is posted
later today on our website. It is first and foremost a statement to you, an apology to you. I have
the same aims and goals for this incredible station, but I know that I am not always properly
equipped to communicate with you about the serious issues raised. I value the work and
dedication of each of you and know that this station and I, personally, must work harder to make
these words have real and lasting meaning. Thank you.
To be placed on the Inside STLPR Blog
Statement from Tim Eby, General Manager at St. Louis Public Radio
Last week, a group of St. Louis Public Radio producers and reporters of color shared stories of
their experiences as people of color at this organization. Their accounts reflect a workplace that
does not reflect the goals and values of this organization.
Systemic racism exists, including at St. Louis Public Radio, and that is unacceptable.
I know our staff, our donors and the community expect more from me and from this
organization. I am very sorry that I did not recognize the depth of the problems earlier and that
staff have been hurt.
I am committed to making meaningful change as a leader, as an organization -— and through

my personal growth. I pledge to share our progress.
Diversity, equity and inclusion is crucial at St. Louis Public Radio and I am grateful for the
people of color on our team for bringing their talents and perspectives to St. Louis Public Radio.
I take responsibility for creating a culture where they feel valued.
St. Louis Public Radio is a service of the University of Missouri - St. Louis and Chancellor Kristin
Sobilik has issued the following statement:
STATEMENT FROM UMSL GOES HERE
Our staff deserves a fair analysis of racial equity issues at St. Louis Public Radio and what can
be done to fix them. The Office of Diversity, Equity and Inclusion at the University of Missouri -
St. Louis has agreed to coordinate a comprehensive investigation to review and assess the
diversity, equity and inclusion efforts at St. Louis Public Radio, which will involve additional
outside counsel. This will include discussions with all employees, a review of the action items
proposed by station staff and leadership, as well as an audit of current programs, policies and
practices that will inform additional actions to improve our organization.An external investigation
of the diversity, equity and inclusion practices at St. Louis Public Radio began today in response
to concerns of station employees. This will include an evaluation of policies, practices,
procedures and structures related to inclusive excellence at the station. Dr. Tanisha Stevens,
vice chancellor for diversity, equity and inclusion at the University of Missouri–St. Louis, will
coordinate this effort in partnership with outside counsel.
St. Louis Public Radio is a service of the University of Missouri–St. Louis.
It is clear that the station must do more to create a more diverse and equitable environment to
better reflect the communities we serve. It is also clear that I, personally, must better prepare
myself to understand and navigate the important conversations with our staff.
We are fully committed to making changes to create a culture that lives up to our values. I am
committed to leading that change through personal learning and growth.
Racism has no place at St. Louis Public Radio. We must—and will--—do better.
From: Herring, Paul
To: Eby, Tim
Subject: Follow Up
Date: Wednesday, August 12, 2020 4:28:17 PM
Dear Tim,

As a follow up to our earlier conversation, I am writing to address your actions on
Monday. After I sent an email message to the KWMU staff announcing the external
investigation, you immediately posted and disseminated your own message regarding
the investigation. Your messages the evening of Monday August 10th were in clear
violation of directives you had been given by me and University leadership.
Specifically, you had been directed that any messages or statements from you had to
be approved in advance by me, OGC and/or leadership. You did not follow this
process, and your messages were not approved (nor even reviewed) by me or anyone
in authority.

Until further notice, you are directed to cease all communication regarding the
investigation unless you have prior approval from me or the Chancellor. This
prohibition includes communication with other staff, the Friends board, and other
third parties. The integrity and effectiveness of our investigation and review requires
this and will determine the next steps taken by the University.

It is also important to remember that KWMU is owned and overseen by the Curators
of the University of Missouri. The University has decided upon this external
investigation, and this process must be followed unimpeded.
Sincerely,
Paul
Paul Herring
Vice Chancellor of Advancement
University of Missouri-St. Louis
St. Louis, MO 63121
314-516-4278 Office
601-325-5351 Cell
From: Herring, Paul
To: Eby, Tim
Subject: Message
Date: Monday, August 10, 2020 5:09:40 PM
Importance: High
Tim,
I wanted you to see this email message from me that will be sent to all STLPR staff ASAP then
to the friends of the board shortly thereafter. I am running late to get on the Zoom but this
needs to be handled immediately. Hang in there. This too shall pass.
Dear members of the St. Louis Public Radio staff,
As you are aware, Dr. Stevens is coordinating a review and has already hosted the first
discussion of the week in relation to this effort. However, I wanted to share the formal
statement below with each of you to acknowledge this effort has launched:
Today, the University of Missouri–St. Louis announced an external investigation of the

diversity, equity and inclusion practices at St. Louis Public Radio in response to
concerns of station employees. This will include an evaluation of policies, practices,
procedures and structures related to inclusive excellence at the station. Dr. Tanisha
Stevens, vice chancellor for diversity, equity and inclusion at UMSL, will coordinate
this effort in partnership with outside counsel.
I want to thank each of you for your steadfast commitment to St. Louis Public Radio and for
your participation in this important process. Pease note the schedule for the rest of the week:
· Tuesday, Aug 11, 2020 04:00 PM | https://umsystem.zoom.us/j/98129857163?

pwd=TWVwWjVzUUptbUdkc3oycjBXV0phZz09
Launch Meeting - Zoom

umsystem.zoom.us
Zoom is the leader in modern enterprise video communications, with an easy, reliable
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· Wednesday, Aug 12, 2020 11:00 AM | https://umsystem.zoom.us/j/94483007207?
pwd=cHRpaEU2U1dkMEo1WmdibG9OTEJEdz09
umsystem.zoom.us

· Thursday, Aug 13, 2020 01:00 PM | https://umsystem.zoom.us/j/96013800274?
pwd=c3ZDNlZFNTRsVFhTSWc0a0RlaWRyUT09

umsystem.zoom.us

· Friday, Aug 14, 2020 03:00 PM | https://umsystem.zoom.us/j/94843863126?
pwd=ekFBQ1dBRUx4MWh1VnZqZXZGMFNBQT09

umsystem.zoom.us

Sincerely,
Paul
Paul Herring
St. Louis, MO 63121
314-516-4278 Office
601-325-5351 Cell
From: Herring, Paul
To: Acquisto, Nick; Ahl, Jonathan; Althoff, James F.; Altman, Maria A.; Wise, Marquetta; Baker, Pax (KWMU FM
Radio); Bentley, Dennis; Bewley, Jeffrey L.; Bradford, Maria; Brake, Jennifer L.; Brown, Lauren; Broz, Sophie;
Burton, Geoffrey L.; Cazares, David; Chen, Eli; Cronin, Robert; Custalow, Lisa; Davis, Charles; Davis, Leslie;
Delaney, Ryan; Delp, Tomi; Doerr, Aaron; Drake, Kayla; Driscoll, Jaclyn; Eby, Tim; Edwards, MaryK.; Ehrlich,
Frederick; Farzan, Shahla; Fenske, Sarah; Fentem, Sarah; Franklin, Jeffrey L.; Freeman, Melody D.; Garcia, Nick;
Gherardini, Cynthia; Goodwin, Jeremy; Hamdan, Lara; Harrell, Jade; Heffernan, Brian; Hemphill, Evie;
Henderson, Andrea; Heuer, Alex; Hughes, A. Maureen.; Jessup, Ciera; Jones, Brent; Kerley, Shelley A.; Kovaluk,
David; Lewis-Thompson, Marissanne; Lippmann, Rachel D.; Luther, Jessica M.; Mack-Hansen, Kiriana; McDonald,
Charles T.; McQuinn, Daryl; Munteanu, Gregory A.; Neuman, Shula; Painter, Madalyn C.; Parks, Kathy S.; Petrin,
Kae; Pratt, Wayne J.; Reed, Spencer M.; Reich, Linda M.; Rice, Alexander; Rosenbaum, Jason A.; Ruff, Corinne;
Schmid, Eric; Schrand, Michael; Seymour, Daniel; Sutter, Erin; Thomas, Natalie G.; Toler, Lindsay; Williams,
Brendan B.; Woodbury, Emily; Yang, Jia Lian
Subject: Message from the Vice Chancellor for Diversity, Equity & Inclusion
Date: Tuesday, August 18, 2020 10:49:30 AM
Sent on behalf of Dr. Tanisha Stevens:

-------------------------------
St. Louis Public Radio,
I would like to thank you for your participation during the open sessions held last week. The
conversations that took place and the feedback regarding the direction of the investigation
has proven extremely valuable in shaping the scope of the process moving forward.
Beginning this week, attorneys Kate Nash and Aigner S. Carr of Tueth Keeney
(www.tuethkeeney.com) will begin the process of gathering information regarding the
concerns at the station. My hope is that you will feel comfortable in sharing information
that will prove valuable to the investigative process. Additionally, throughout this
process, I will remain in regular contact with Ms. Nash and Ms. Carr.
To begin the investigation and assist in the facilitation of interview times, I will be reaching out
to several individuals directly based on our conversations. However, I also recognize that there
are others who may have information that should be included in the investigation and ask that
you contact me directly at smithtn@umsl.edu.
Once again, I thank you for your willingness to participate in this process.
Sincerely,
Tanisha
Tanisha Stevens, PhD (she, her, hers)
Vice Chancellor for Diversity, Equity & Inclusion
127 Woods Hall
One University Blvd.
St. Louis, MO 63121-4400
smithtn@umsl.edu
FW: Message from the Vice Chancellor of Diversity, Equity & Inclusion
Herring, Paul
Fri 9/18/2020 5:10 PM
To: Allan Connolly <allanconnolly67@gmail.com>; Bishop, Brad <bbishop@tsgproperties.com>; Bosco, Sara <sara.bosco@emerson.com>;
carolsklein <carolsklein@me.com>; cschenk <cschenk@thompsoncoburn.com>; Eby, Tim <ebyt@umsl.edu>; Elizabeth Larson
<elizabeth.pippert@gmail.com>; Emery Skolfield <Emery.Skolfield@edwardjones.com>; Eriko Pope <erikopope@icloud.com>; Harvard
Muhm <muhm@capessokol.com>; Hirshberg, Rachel <Rachel.m.hirshberg@gmail.com>; Honigfort, Linda
<lhonigfort@sbcglobal.net>; jarnold <jarnold@polsinelli.com>; Katherine Mauzy <kmauzy@charter.net>; Katzman, Diane
<diane@dianekatzman.com>; Levin, Amy <animlsafe@gmail.com>; Marc Hirshman <marc.hirshman@twainfinancial.com>; Martin,
Charlotte <charlotteamartin@gmail.com>; mholly977@aol.com <mholly326@gmail.com>; Michelle DeSilva <mdesilva@stlgives.org>;
Nancy Hawes <nhawes@hawes-law.com>; Nguyen, John <John.T.Nguyen@ssmhealth.com>; Norwood, Kimberly
<norwood@wustl.edu>; Rose, Albert <arose@lewisrice.com>; Schlichter, Andrew <andrew.schlichter@gmail.com>; Schutte, Ken
<keschutte@sbcglobal.net>; Shanti Parikh <shanti.parikh007@gmail.com>; Smith, Jonathan <jonathan.smith@slu.edu>; Steven Frank
<safrank@plancorp.com>; Thomas Cohn <Thomas.cohn@nm.com>; Tom Eschen <teschen@me.com>; Tucker, Jeff
<Jeff.Tucker@ehi.com>;
Dear St. Louis Public Radio Board Members:
I wanted to make you aware of the email that went to St. Louis Public Radio staff from Dr. Stevens. Please see
below.
Sincerely,
Paul
Paul Herring
St. Louis, MO 63121
314-516-4278 Office
601-325-5351 Cell
From: Stevens, Tanisha N. <smithtn@umsl.edu>

Sent: Friday, September 18, 2020 4:29 PM
To: Acquisto, Nick <nickacquisto@umsl.edu>; Ahl, Jonathan <ahlj@umsl.edu>; Althoff, James F. <altho @umsl.edu>;
Altman, Maria A. <mariaaltman@umsl.edu>; Wise, Marque a <andersonmarq@umsl.edu>; Baker, Pax (KWMU FM Radio)
<pabrkb@umsl.edu>; Bentley, Dennis <dcbentley@umsl.edu>; Bewley, Jeffrey L. <bewleyj@umsl.edu>; Bradford, Maria
<mgbz2f@umsl.edu>; Brake, Jennifer L. <brakejl@umsl.edu>; Brown, Lauren <lab9x3@umsl.edu>; Broz, Sophie
<sbroz@umsl.edu>; Burton, Geoffrey L. <burtongl@umsl.edu>; Cazares, David <cazaresd@umsl.edu>; Cronin, Robert
<croninr@umsl.edu>; Custalow, Lisa <custalowl@umsl.edu>; Davis, Charles <daviscg@umsl.edu>; Davis, Leslie
<davisles@umsl.edu>; Delaney, Ryan <delaneyrp@umsl.edu>; Delp, Tomi <trdhd3@umsl.edu>; Doerr, Aaron
<doerra@umsl.edu>; Drake, Kayla <kadmyb@umsl.edu>; Driscoll, Jaclyn <jndy63@umsl.edu>; Eby, Tim <ebyt@umsl.edu>;
Edwards, MaryK. <medwards@umsl.edu>; Ehrlich, Frederick <ehrlichf@umsl.edu>; Farzan, Shahla <farzans@umsl.edu>;
Fenske, Sarah <sfenske@umsl.edu>; Fentem, Sarah <fentems@umsl.edu>; Franklin, Jeffrey L. <franklinjl@umsl.edu>;
Freeman, Melody D. <Melody_Freeman@umsl.edu>; Garcia, Nick <GarciaNA@umsl.edu>; Gherardini, Cynthia
<cmgkh6@umsl.edu>; Goodwin, Jeremy <jeremygoodwin@umsl.edu>; Hamdan, Lara <hamdanl@umsl.edu>; Harrell, Jade
<jade.harrell@umsl.edu>; Heffernan, Brian <heffernanb@umsl.edu>; Hemphill, Evie <ehemphill@umsl.edu>; Henderson,
Andrea <ayhrn6@umsl.edu>; Heuer, Alex <heueral@umsl.edu>; Hughes, A. Maureen. <hughesam@umsl.edu>; Jessup,
Ciera <cnj998@umsl.edu>; Jones, Brent <jonesbre@umsl.edu>; Kerley, Shelley A. <SKerley@umsl.edu>; Kovaluk, David
<kovalukd@umsl.edu>; Lewis-Thompson, Marissanne <lewisthompsonm@umsl.edu>; Lippmann, Rachel D.
<lippmannr@umsl.edu>; Luther, Jessica M. <LutherJM@umsl.edu>; Mack-Hansen, Kiriana <kamncf@umsl.edu>; McDonald,
Charles T. <McDonaldCT@umsl.edu>; McQuinn, Daryl <dmcquinn@umsl.edu>; Munteanu, Gregory A.
<munteanug@umsl.edu>; Neuman, Shula <neumanjs@umsl.edu>; Painter, Madalyn C. <paintermc@umsl.edu>; Parks,
Kathy S. <parksks@umsl.edu>; Petrin, Kae <petrink@umsl.edu>; Pra , Wayne J. <pra w@umsl.edu>; Reed, Spencer M.
<reedsm@umsl.edu>; Reich, Linda M. <reichl@umsl.edu>; Rice, Alexander <riceam@umsl.edu>; Rosenbaum, Jason A.
<rosenbaumj@umsl.edu>; Ruff, Corinne <csrppf@umsl.edu>; Schmid, Eric <eschmid@umsl.edu>; Schrand, Michael
<MSchrand@umsl.edu>; Seymour, Daniel <dcsqrd@umsl.edu>; Su er, Erin <esyt4@umsl.edu>; Thomas, Natalie G.
<ngt6vg@umsl.edu>; Toler, Lindsay <tolerlm@umsl.edu>; Wagner, Jacqueline <jw2xy@umsl.edu>; Williams, Brendan B.
<WilliamsBre@umsl.edu>; Woodbury, Emily <ewoodbury@umsl.edu>; Yang, Jia Lian <yangkl@umsl.edu>
Cc: Herring, Paul <paul.herring@umsl.edu>
Subject: Message from the Vice Chancellor of Diversity, Equity & Inclusion
St. Louis Public Radio,
I would like to irst extend my apologies for any perceived lack of response, miscommunication and/or
misinformation that has taken place through the investigative process. My intent from the onset of the
listening sessions was to provide an open space, an environment in which individuals would feel
comfortable in sharing their experiences. What began with concerns expressed in the July 1 letter
expanded to include additional equity concerns that were brought to the attention of the investigative
team, prompting the need to broaden the original scope of the investigation.
Throughout this process, the role of the investigators has been to listen, to gather information and to
ultimately provide University leadership with a report and analysis. University leadership will use this
information and other facts discovered over the past several weeks to chart a path forward that better
ensures a positive working environment and an ongoing collaboration to ful ill UMSL’s mission to students
and the community.
Even in our best intentions, there are sometimes unintentional consequences. I believe that has taken
place.
Moving forward, I want to make sure that everyone knows that the request to meet with the investigative
team is not a mandated process, although my hope is that you would continue to share your concerns in
efforts to make the station better for all. Our goal has been to hear from as many voices as possible –
particularly those who initiated this conversation, the voices that were present during the open
sessions. When that concern was brought to my attention, the recommendation was made to ask all staff
members in the newsroom to participate in the process. I realize now the negative impact of that decision
and the way in which it was communicated.
In regards to retaliation, please know that UM System policies prohibit retaliation against any person for
making any good faith report of discrimination, harassment or sexual misconduct. Here is a link to that
policy.
Any individual who believes that they have been subject to retaliation as a result of participating in this
process, can contact me or reach out directly to the Chief Equity Of icer, Dana Beteet Daniels
(dana@umsl.edu). You have the that right to provide your experiences without fear of retribution.
Additionally, if there are questions regarding the process (including questions regarding legal
representation) and/or the desire to schedule an appointment beyond Tuesday, please feel free to reach
out to me directly.
Sincerely,
Tanisha
Tanisha Stevens, PhD (she, her, hers)
Vice Chancellor for Diversity, Equity & Inclusion
University of Missouri- St. Louis
152 JcPenney
One University Blvd.
St. Louis, MO 63121-4400
smithtn@umsl.edu
Inline image OWAPstImg110576

Tim Eby <timjeby@gmail.com>
Re: Wrong message
Lon Zimmerman <lonzimm@aol.com> Tue, Sep 28, 2021 at 11:58 AM

To: Tom Livingston <tom@livingstonassociates.net>
Thanks, Tom, for your detailed response. Delighted to read that financial the station in on the mend.
Many thought the Beacon merger was very forward thinking: making St. Louis Public Radio a real player in the field of local and regional news reporting at a time when newspapers were failing
and not a lot of local reporting was being done. A lot of the station’s heavy hitters insofar as financial support, encouraged that move. And, Tim tried to make it work. The jury is obviously still out,
and like many things, recently may have been hampered by COVID.
That being said, I’m more concerned about the publication by the station of comments regarding Tim Eby, himself. To openly state (Sarah Fentem’s piece on the station’s website) “accusations
from the newsroom staff” that Eby “mismanaged finances” when, apparently it is now known that he didn’t actually mismanage finances, seems so irresponsible, unprofessional, vindictive, and
even slanderous. Really damaging to Eby’s future job prospects, too.
Your point that "The statement "accusations from newsroom staff" is accurate, not that he actually mismanaged finances” is alarming. Few reading Fentem’s piece are going to think, ‘Well, that is
just what the newsroom staff thinks’. Almost everyone is going to take away that the news department is reporting that he was involved in mismanaging finances.
How would you like to try to get a management-level job with that hanging over your head.
Lon
On Sep 27, 2021, at 3:00 PM, Tom Livingston <tom@livingstonassociates.net> wrote:
Hi Lon - sorry for the slow response and thanks for following up. I started to respond and then let my message drop to drafts.
The statement "accusations from newsroom staff" is accurate, not that he actually mismanaged finances.
This is my take on what happened.
The station had fundraised around the Beacon merger and accumulated reserves, and had added staff, including budgeting some of those reserves, anticipating that by being more
significant through our greater capacity, revenues would grow and catch up with the increased spending. He was also gearing up a capital campaign that they may have anticipated
could help fill any gaps. To some extent it clearly worked. Donations rose steadily over the past few years. On the other hand, so did deficits. My understanding is the deficit for FY
20 was $600k, and the first cut of FY 21 (which we finished at the end of June) had a projected deficit of $1 million as Covid loomed - for example, our Underwriting team was
projecting a $500k decrease for the year (and that turned out to be right on the mark). Until the closeout I couldn't get a straight answer on the size of our reserves (in part because
they go up and down as the flow of fundraising happens), but believed they were around $1.2 million, so a $1 million deficit for the year would have indeed been dire.
At that point I'm told the finance director insisted on cutting $900k, and budgeted to spend only $200k of reserves. The cuts included layoffs and leaving position lapses unfilled.
That action pretty clearly had a direct link to our organizational melt-down and the "Time for Action" memo.
"Mismanagement" or aggressively trying to grow and having to respond to the impact of a pandemic that came out of nowhere? I think he called it a controlled burn.
Here's the good news. this past week I finally got the year end close out, and we had a balance sheet surplus of $1.6 million for the year. We had two significant windfalls during the
year (a $400k transfer from UMSL and $300k as part of the Biden stimulus package. We also did as well as we predicted with both donations and underwriting and our spending
was significantly below projections. Tim left early in the fiscal year and/but would probably have done the same if he stayed.
I hope this helps!
Tom
[Quoted text hidden]

Eby v. Board of Curators UM System - Petition With Exhibits

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Eby v. Board of Curators UM System - Petition With Exhibits

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\IN THE CIRCUIT COURT FOR THE CITY OF ST.

FIRST AMENDED PETITION

they were factual news and objectively true.

Missouri citizen and resides in the City of St. Louis.

a citizen of Missouri, and located in Boone County, Missouri.

JURISDICTION & VENUE

Mo. Rev. Stat. § 478.070.

the City of St. Louis. VAMS 508.010

STLPR, Mr. Eby:

• Tripled the assets during tenure from $3.8M to $12M;

by Defendant’s Office of Human Resources.

campus leadership, which was presented in February, 2020.

made to the station in June 2020.

approximately a $15,000.00 reduction in his annual salary.

organization. In mid-June, 2020, at a staff meeting, a number of employees criticized STLPR’s

were financially impossible and unlawful.

substantive edits, watering down Mr. Eby’s intended message.

racism at STLPR. Mr. Eby contacted Defendant’s attorneys for guidance.

St. Louis Public Radio. Medium. (July 23, 2021), https://medium.com/@stlprjocs/racism-exists-

at-st-louis-public-radio-acknowledge-it-3db69973c155 [https://archive.md/105ku]. In that

Racism at St. Louis Public Radio. (August 10, 2020), https://news.stlpublicradio.org/2020-08-

[https://archive.md/6TTQv]. In that article, Mr. Eby acknowledge that “[s]ystemic racism

following public statement:

Today, the University of Missouri–St. Louis announced an external investigation

Tanisha Stevens to STLPR Staff (Sept. 18, 2020).

UMSL’s Investigation of Station Racism. Medium. (September 10, 2021),

allegations-of-racism-at-the-station [https://archive.ph/2gtq3]. This incorporated, summarized

Medium article, stating:

article on the STLPR website.

After Resigning As St. Louis Public Radio GM. (October 1, 2020),

st-louis-public-radio-gm [https://archive.md/agnU2]. In that article, STLPR wrote:

His departure as general manager came roughly a month after allegations of

to-change-stations-culture [https://archive.md/eLwvg]. This article provided:

statements remain in the article on the STLPR website.

Manager acknowledged that it contained a false and defamatory statement.

be medically significant. Mr. Eby suffered depression and anxiety.

SOVEREIGN IMMUNITY DOES NOT APPLY

dollars. See VAMS 537.610.1.

University of Missouri System.

maintain editorial independence of our content.” See <https://www.stlpr.org/editorial-

independence-statement> [https://archive.ph/9498w]. In other words, STLPR’s Editorial Board,

part of the government.

Federal Communications Commission in a manner similar to private radio stations. It broadcasts

revenue through sponsorships, advertising, or listener donations and operates in a commercial

revenue to acquire other news organizations and radio stations.

38. Operating a radio station is not a mandatory function of a public university or

government. It's an optional service.

podcasts (e.g., The Daily and The Journal).

visibility and listenership, similar to what private businesses do to attract customers.

special local benefit of its local listeners.

exercise of permissive privileges of Defendant.

COUNT I: DEFAMATION – FINANCIAL MISMANAGEMENT

44. Plaintiff incorporates by reference all previous paragraphs.

45. Section 578 of the Restatement (Second) of Torts provides:

Except as to those who only deliver or transmit defamation published by a third

Restatement (Second)of Torts, § 578. 4

46. Section 581 of the Restatement (Second) of Torts provides:

(2) One who broadcasts defamatory matter by means of radio or television is

Restatement (Second) of Torts § 581.

[https://archive.md/eLwvg]. Defendant implied that the assertion of financial mismanagement

reckless disregard in their publication.

Mismanagement, https://en.wikipedia.org/wiki/Financial_mismanagement (last visited Aug. 29,

dealing with him.