* Note: To see PDF files cited in this post simply click on the underlined segment
As everyone reading this blog and/or the Herald Leader know, all attempts to attain public records concerning KMSF and the proceedings of the UK Healthcare Faculty Compensation Committee meetings have encountered complete resistance by the university lawyers. The issues were brought to light back in late 2015 in an appeal filed with the attorney general’s office by Dr. Lachin Hatemi, a former student at UK. As noted in the Herald Leader article, Jack Conway, the Attorney General at that time ruled:
“The Kentucky Medical Services Foundation — a nonprofit entity that pays all UK doctors — was created by UK and remains under its control, the ruling says, and therefore is a public agency that is subject to the state's Open Records Act.
Dr. Paul Kearney, a long-time surgeon at UK, lost his clinical privileges in August for unprofessional behavior. He alleged that UK administrators decided to pursue the revocation only after he started asking questions about how the foundation was spending money.”
Read more here: http://www.kentucky.com/news/local/education/article44685831.html#storylink=cpy
The university lawyers, probably knowing that Mr. Conway was being replaced by, what they hoped would be, an administration favorable candidate, Andy Beshear, decided to fight this decision (see attached PDF UK Appeal 1). Unfortunately for the university, they lost this battle also (see attached PDF AG Response 2). As might be expected for an administration that obviously fears any revelation of how they are handling the money coming into the university through UK Healthcare,
Today Dr. Hatemi sent out the following email message to the University Senate Rules and Election Committee members along with the University appeal PDF file attached above:
Dear Members of the Senate Council and the Senate Rules and Elections Committee,
I have recently requested the meeting minutes of the UK Healthcare Faculty Compensation Planning Committee which is an official advisory body on the making of new agency policy for at least two public policy areas: (1) the performance metrics for evaluation of public employee (faculty) faculty performance and (2) how the salary of public employees (faculty) should be determined.
UK Healthcare Compensation Committee advises the Dean of College of Medicine on issues such as how much and how to pay clinical faculty members at UK.
Please note in the attached the entire tenor of the UK administration’s information philosophy, including even at footnote 4 refusing to provide the Attorney General the documentation the AG requested concerning the establishment, charge and role of the College of Medicine/UK Healthcare Faculty Compensation Committee.
Sincerely,
Lachin Hatemi M.D.
Interestingly, I think all should notice that the PDF file declaring arguments why KMSF is not a part of the university and therefore not subject to open records laws was written and signed off by the University’s own General Council, Bill Thro. I think everybody remembers ole “take the deal or we will destroy your career" professor/instructor/councilor Thro. The point being, if KMSF is “not” a part of the university, why is the university’s General Council replying to the attorney general’s decision?
Yesterday the Attorney General's office responded (see PDF file AG Response 3). Basically, the Attorney General once again denied all aspects of the University’s appeal.
I think recognizing the error in their approach, the university decided to invest more hard earned UK Healthcare money into this and legitimize the whole thing by hiring an outside lawyer, Mr. Harry L. Dadds. Mr. Dadds appears to have attempted to summarize the Thro litany and somewhat insulting document, and today sent in the following appeal to the attorney general’s office (see PDF file UK Appeal 2).
So that appears to be where we are currently at in this drama. It is clear that KMSF, the University and the hospital administrations all have something they are willing to invest a lot of money and time into, for both destroying a faculty members career and preventing the public from reviewing their financial activities. Are you not just a little curious as to what that might be? I know I am.
* One more update: The Office of the Attorney General responded to the UK Appeal 2 with this (AG Response 4). Basically it says that KMSF is subject to open records laws and that Dr. Hatemi's request is neither unreasonable or burdensome, and therefore the requested information must be provided.