RUGER: So, there’s one other panelist on the program, Ryan Streeter, who the director for the
Center for Politics and Governance at UTAustin. That center has been in existence for quite a
while. It’s a title we’re not incredibly excited about. One thing that could maybe might be an
opportunity for a donor.
Ryan’s doing really good things. He couldn’t make it. He had another obligation come up at the
last minute, unfortunately.
But just to give you a quick sense, that project is about $19 million dollars to hire eight new
faculty members in six different academic departments. The idea being that the Center can be a
certain kind of thought leader in three areas: what he calls ‘the war on young,’ by which he
means entitlement reform, corporate welfare, and then innovation and technology, which works
well in the Austin area. We think we can have an impact at the national level. We’ve only
provided a small amount of seed funding against the nineteen million dollar total, it’s a great
fundraising opportunity and Ryan’s a great guy so hopefully he’ll be here next year. That’s kind
of what he’s up to.
[1:03]
We wanted to save as much time as we could for questions and comments as well, so we can
open it up.
Yeah, Ed?
“ED”:
Yeah guys, thank you very much. Lots of food for thought. I’m curious about your practices and
your strategy in being transparent with your operations. What types of documents do you make
available, either pushing out directly to the public or just making them available to the public and
also to other people on your campus.
PROF. STEVE GOHMANN, UNIVERSITY OF LOUISVILLE:
[Clarifying:] What documents would they want to see?
“ED”: Yeah
GOHMANN:
I mean we, our agreement said that we would not put the agreement out in [inaudible] unless it
was requested, but now it’s online because one of the newspapers put it online, so, somebody
asked me, I said ‘well I can’t give it to you, but here’s a link.’
Cause they’re gonna find it anyhow, they’re gonna do a FOIA, that’s not hard.
[1:55]
We had a FOIA before the agreement occurred because a copy of the preliminary agreement
had gotten out, and it wasn’t even near the final agreement, but since everything was a work in
progress, you can’t FOIA works in progress because it’s not complete, so we didn’t have an
issue. I call people and say [inaudible]. I call people on the phone instead of emailing.
CHARLIE RUGER, CHARLES KOCH FOUNDATION:
Can I just…[...]
Transparency is one thing. The reason that groups like UnKoch My Campus are engaging this
abuse of open records laws is not for the sake of transparency, it’s for the sake of intimidation
and bullying, and to, you know, put academic freedom at risk. So if you’re a faculty member and
you have an idea, this group’s sole purpose is to ensure that you’re not allowed to pursue that
idea by shutting down.
And so we’re all for the idea of transparency, we’ve got nothing to hide, you know, there’s
nothing untoward happening. All of our, all of our philanthropy is based on faculty governance,
academic freedom and donor intent, and those things aren’t in conflict.
[3:03]
But we do, we’re not just going to, you know, every time a bully knocks on the door, we’re not
just gonna give them what they ask for. They’re gonna have to go through this process and
reveal themselves for what they are. You know, they’re going to file lawsuits and drag
professors into court, as a signal to the next professor who wants to do something innovative or
entrepreneurial. ‘If you do that, we’ll sue you, and all of your emails will become public.’
Our position on that is, no, don’t give them anything they ask for, til they, til they go through that
process. It makes them look foolish that they file lawsuits, they hire attorneys, and then they get
nothing. Any they’re going to, over time, I think they’re learn, this is an inappropriate use of open
records laws. But we don’t wanna just give them something for free. It’s, what they’re about is
not transparency.”
GOHMANN:
Well, perhaps if you drag ‘em on longer and longer and make them spend more on attorney
fees, it then becomes real expensive for them to get something like, like our agreement.
[4:01]
And, there was one reporter, was writing all this horrible stuff. ‘Oh, look at what happened at
these campuses, blah, blah, blah.’ Before ours came out and then, so the day that we made the
announcement, he came up to me and he said ‘Well, what are we going to do’ and I said ‘Well,
we’re going to engage students in ideas, and we’re going to, our people in economics
department, our department is going to make decisions on who to hire.’ And he goes, ‘Oh.’ And
I never heard anything from him since.
HOWARD WALL:
Yeah and we’re a bit different, since we’re a private university. I think we have different rules,
we don’t have FOIA problems. But even so, [...] a new university counsel came and he asked
me for a copy of the contract, and I told him no. So I told him he had to get it from the president.
If anyone wants it, it’s the president’s job to give it to them.
Even if someone gets it, it’s the most innocuouslooking document you can imagine, it’s mostly,
you know, the decision making is...
[5:00]
It’s not the university’s money to spend as they wish. There’s a mission, and how to fulfill that
mission is left up to the center. And so I think even if there were documents that they could find,
they would be really unsatisfied with what they see.
“ED”:
At the same time, I think you said, Howard, that stuck with me you said, Howard, is that you
record every event and you put it up. So anybody can sort of see what the product of the event
is.
WALL:
Well, in fact, that one event that I said, where the guy mixed up the KKK and public schools...I
was recording it, but someone recorded it on their phone. And the phone recording was
supposed to be surreptitious. So that’s what was spread around the Internet, not the official one
which I handed out. So it was as if they were, they were pretending that we were keeping
secrets, and this was some secret video that they had.
GOHMANN:
We record all of our events, too and put it up. It’s great promotion.
[5:58]
And so, what’s amazed me, in the College of Business, there’s some faculty on the far Left and
some are opposed, and some are just kind of okay. But they come up to me and, it’s a
backhanded compliment, they say, ‘I’m surprised at how good your programmings have been.’
In other words, ‘I thought you were going to put on really horrible rightwing stuff.’ It’s like, ‘no.
We’re engaging students in ideas.’
But, but they have been surprised because, I’m sure they were thinking about all this evil stuff
we might do, and they realized, ‘oh, we’re just talking about ideas. We’re talking about crony
capitalism.’ And, they’re okay with that.
SAM STALEY, FLORIDA STATE UNIVERSITY:
On the transparency side, I like the idea of, it’s important to keep the motives and [inaudible]
transparent for, whatever, information.
What I’ve found helpfulI’m at Florida Stateis that we [inaudible]. We have an annual report
that lists all of our activities. And then we also have a little pie chart with our budget with that
shows how much money.
[7:01]
And for most people for legitimate transparency focus, that’s more than enough. The other thing
we do is we make it very clear that in our institution, who’s, who has the responsibility for the
release of what information. So, I really have to work with this with my staff for a bunch of
undergraduates, because they just always wanna answer questions. I say, no. There are certain
people that can answer those questions. And that is another way to just make sure that there’s
not too much stuff going out the wrong place.
And so, anybody who wants to know anything about financing for us, goes to the dean’s office.
Even though I’m the director of the center. I say, ‘you have to talk to the dean.’ And I think both
those two things deflect a lot of the really negative queries.
AUDIENCE MEMBER 2:
And I’ll add to this, because it’s, it is an ongoing conversation. We’re with the Koch Center for
Leadership and Ethics at Emporia State University, and Charlie [Ruger] was there at our
reception two years ago. [inaudible] more closely now.
[8:00]
And we were hit with a slew of FOIA requests. And my comment along with that is free advice
is, make sure that your staff knows what they can and what they can’t answer.
But have a really open communication line with your deans, and with your internal school
administration. Because FOIA requests, by law, don’t go, properly, to a dean. It’s kind of
received properly by law by a dean, or by a head of the school or the head of the center.
It’s actually going inside of the general counsel’s office, or to the president’s office. If it’s gonna
be received by somebody else, it’s unnerving. They already have a tender, kind of raw spot with
your dean, perhaps. Because you brought a type of fire. And all of a sudden you’ve got this new
center, and you’ve got a little bit of funding, and they’re getting FOIA requests. And potentially
bad press, other things, and they’re freaking out about it.
And we went through a spate, last, or pardon me, the fall of 2014. And the dean was just
unnerved. There were other things too. That was part of it. So you have those open lines of
communication.
[8:59]
A lot of time what we’re doing is just touching the folks that really deal with it, and forgetting
about those that don’t, but they’re affected. So take a few minutes to talk with them about it,
even explain the process, explain the approach. Like Charlie [Ruger] said, it’s not an issue of
transparency, it’s an issue of being bullied.
Your colleagues, your other faculty members, say, ‘I don’t want to have anything to do with you,
so then you can have access to all my emails.’ That’s not the case. Work closely with your
general counsel. Have good presence, like Dr. Wall has [inaudible statement]. But if you have
good communication with your executive administration, and that’s pipelined through your
deans and your school administration, you’re in a lot better shape. Cause you’ll get that. And
then you just have to politely and firmly deal with it. And for the most part, my experience is also
that they respond to it very well.
Our first real hit was from a student. So it wasn’t from outside the campus. How delicate do you
have to deal with that?
[10:00]
When what you’re trying to do is establish camaraderie with your student body?
SAM STALEY, FLORIDA STATE UNIVERSITY:
It’s important to recognize that this whole issue that now we’ve got a lot of focus on the Koch
queries, the reality is we have always had people that are going after us for our funding stuff.
Most of the questions, the people that are questioning what I’m doing are not really [inaudible].
So we have this flare up with Koch funding, which actually many of you got tied to, but we
always had people who would question, ‘who are the funds coming from?’ That’s when I say:
DeVoe Moore Center. There, if you want to know, go talk to DeVoe Moore, the name of it.
It’s always gonna be there, so these are just good policies to have in place. And not be reactive,
but be very proactive. And also be sincere and open with what you’re trying to do.
RUGER:
I would actually pitch the Charles Koch Foundation for a resource too. There are a couple of us
in the room… [inaudible name] is in the back, Adam Kissel is here, Steve Sweet [points out CKF
staff in the room]. Whoever you know, even if we’re not funding the center that you’re driving.
[11:00]
YOU know, so I think you’re right about engaging your general counsel, but they’re not really
your lawyer, ultimately. They’re the university’s lawyer. So, if they want to just fulfil a FOIA
request and not think about it anymore, they might just, you know, get the IT department to pull
your emails, get permission, just to fulfill the request, and then all of a sudden, all these emails
get out or something.
If you work with us, you know, Adam, who’s a former vice president at the Foundation for
Individual Rights in Education, knows everything about academic freedom. Our lawyers are
getting really good at understanding various statebased open records statutes. And we can
help you through this, it’s not anything that you should feel intimidated or alone about. It’s
something we do all the time.
GOHMANN:
They have to be very specific too. So they can get all your emails through friends and stuff, they
got to get specific to what they’re looking for.
[inaudible section]. She’s kept stuff out a long time, so apparently it’s easy to do.
[11:58]
WALL:
And I’d like to echo, so, Charlie said about using their lawyers. We haven’t had to. It’s mostly
inside the university where you get some resistance from administrators getting up power to
decide how money is spent, and they say ‘oh, you have to do this.’ And then I’ve used the
phrase, ‘are you sure that the Koch foundation’s lawyers will read that the same way you
are?’And then they figure well they must have pretty good lawyers. And then [inaudible].
[snickering]
RUGER:
Ideally, ideally we don’t want to go around invoking our grant agreements and saying, ‘hey,
you’re not following section two, paragraph three, or whatever. That’s not really...we want this to
be a relationshipdriven partnership. But yeah, I mean, universities try to do all kinds of things
that violate donor intent. And it happens because of a name change, and all kinds of stuff.
WALL:
I mean, it’s never the leadership. The leadership understands all that. It’s the person that
actually holds the daily power.
GOHMANN:
Yeah, it’s a bureaucracy. For example, we, our first event was Jonathan Haidt, and we had a
nice dinner and alcohol and all this stuff.
[13:00]
And then, about two months in, the program said to me, ‘well you need get permission from all
the donors whether or not you can serve alcohol.’ So I called Charlie up. [...] He sent me a
letter. I knew they wouldn’t care.
And then I went up, I said, ‘You know, I got one from the Koch foundation.’
He said, ‘You need one from the Schnatter foundation too.’
I said, ‘Look. You wanna call John Schnatter and ask him if we can serve alcohol, after he drank
alcohol at one of our events, you can ask him that. Or you can just ask him to go pull his money,
because I’m not doing that. I mean, that’s just an insult to an adult to say, ‘Can we do this, can
we do this, can we do this?’ And for some bureaucrat to check off a box, cover her buttand it’s
not an administrative thing for somebody to cover their butt.
And they said anybody [who] puts money into that fund has to okay it. So I’ve put money in
there and they haven’t okay’ed it yet, I’m a little miffed about that too. It’s people drinking
alcohol.
FSU AFFILIATE:
I have a question for you guys. It’s something that, so I came from [inaudible], out of the private
think tank world to Florida State. ‘
[13:57]
One of the things that’s interesting to me is, coming from the think tank world, donor intent is
really important. Alright, so we were always interacting [inaudible] to ensure transparency in
what we were doing, and make sure the funding was actually going where it was supposed to.
I’ve found that the bureaucracy at the university is not that focused on donor intent. In fact, I’m
kind of… [Wall chimes in]
WALL:
Oh, they’re focused on it. [laughter]
FSU AFFILIATE:
I’m curious to what your experience has been because part of what I’m doing at Florida State is,
in fact, redirecting funds back to what the original donor intent [...]. [inaudible] in the university
was just very insensitive to.
And this is not just our particular case, but if we got endowed chairs. We have [trails of], it’s just
[Wall chimes in]
WALL:
Well, first thing I’d like to say is most of the problems that we have faced is because of Florida
State’s problems from a few years back.
Florida State’s problems [inaudible].
[14:56]
But, as things, I think as Charlie, as things have evolved, it’s really become that the donor intent
is vested in the director of the institute that is getting the funding.
So the university doesn’t have to pay any attention to donor intent, because it’s not their job to
maintain it, all the decision making power is with the institute or the center, and then that’s it.
And then, if there’s a problem, if the director’s not doing it, then the Foundation gets to review it
regularly. But then that takes it all away, you don’t have to ask permission or justify yourself at
all, because that’s all the way it’s all written in.
They’re not telling us what to do, on a daily basis, it’s just the broad mission, it’s being fulfilled,
and it works fine. And so you have academic freedom on both sides. You’re not being pressured
by the university, and also not from the donors, but you’re still within some parameters of donor
intent.
[15:56]
GOHMANN:
This is why it’s a five year agreement instead of an endowment. If it’s an endowment, as soon
as we leave as the directors, the university... ‘oh, we got ten million dollars, let’s go spend it on,
on political science or something else…sociology,’ and so, but if the money’s just coming in
annually, either get’s spent the way it’s supposed to be spent or it doesn’t come in.
And so, that, from my perspective, I love having endowment and all this money. But you know
what? I’ve got all this money, and I can do what I want with it. So it’s fine. And it works really
well. I haven’t had anybody tell me what to do, haven’t had anybody say no to anything I’ve
wanted to do. We had to go through the hiring process like we had to go through the hiring
process. There’s nobody getting in the way with it.
WALL:
It’s like Charlie [Ruger] said. The idea is to not litigate the university and the foundation, it’s to
set up the incentives so none of that ever happens. And, well, my brief experience with it is that
it’ll be fine, you just kind of have to rough out the edges.
[17:01]
AUDIENCE MEMBER::
So, with resources being fungible, how do you work to ensure that the money that goes to pay,
so the money that comes from the Koch foundation to pay for a couple of economics lines
doesn’t end up turning into money to goes to pay for a couple of other positions in anthropology
and sociology? So where the university says, ‘oh look, the Koch foundation is now paying for a
couple of these lines for the short run, or the donors are paying for these lines, for some kind of
endowment or something like that...that frees up resources now that can go to pay for, you
know, sociology.
WALL:
It should in some sense. [hesitation from person asking question] If you were going to, if you
had to expand in both departments and then you get outside funding, and now you’re hiring an
economist or two, then the university does hire the anthropologist. But it could have been that
you don’t get the economist. So it does free up spending, what maybe the university was going
to do or what it would like to do.
[17:59]
But maybe they were planning...we were gonna fill these positions and before they say we’re
gonna have these positions you get outside funding. And then they say, they don’t announce it.
So these are the new ones. But I don’t think there’s a way to get around that.
GOHMANN:
Yeah. Money is fungible.
AUDIENCE MEMBER:
I have to suggest too...we’ve encountered this the past couple years. If you’re going to start up a
new center, and you are going to direct it, you have to, I think, just come to grips with the fact
that you are the gatekeeper on behalf of the donors.
There is a conflict of interest between, and hopefully it’s one that’s reconcilable, but hopefully on
that’s between the donors and the bureaucracy that presides within the administration. They
have a preconception about how to do things that comes from a state, public preconception.
They have an idea of how to handle donor dollars because of things like endowments, and so
forth. And as the director you have to have the wherewithal to say, ‘no. And I’m the gatekeeper.’
And not do it in a rude way. You have to constantly preserve those relationships and build those
bridges, and you got to take months too.
[19:02]
And you’ve got to do it in such a way that you’re looking at the long term livelihood even after
you’re gone. You know, you’ve got to have this idea of succession planning in place, and protect
those funding dollars and so forth.
And naturally, take them. And it’s not malicious. But they’ve got different needs, right. [Inaudible]
access to funding. So can we cross breed that into something else that we might need.
WALL:
Well, what we found is that, because we received the Koch funding, is that this is drawing
interest from other sources of funding. ‘So it’s, look, it’s not just this you’re putting at risk, but all
this other...so we’re there. We’re doing our stuff. If you monkey around with that, you don’t just
lose this, you lose all these other things.
And that’s why we’re, and we’re perfectly happy to draw their money to other parts of the
university. That actually is maybe better than drawing it to ourselves.
RUGER:
Ed.
“ED”:
I wonder if the panel or anybody else in the room could talk about, Steve [Gohmann], you
mentioned you set up an advisory board.
[20:01]
I think that one thing about the advisory board is it could be the source of advocacy for the
mission or activities in pursuing to that mission. It could also go the way of, you know, as you
were talking about with endowment, it could go the way of being, the membership being, sort of,
strategically selected, and the advisory and advocacy roles, you know, going towards the
oversight and enforcement roles, and, you know, really having a governing structure that
instead of supporting the center is limiting it. I wonder if anybody, you guys, or anybody
[inaudible].
GOHMANN:
Let me speak to that. Since I’m getting a new dean, I’ve decided I’d better have an advisory
board in place before I have a new dean who says, ‘hey I’m going to put together an advisory
board, here’s what we’re going to do.’ And so I put Ben Powell on, and Scott Beaulier. So,
they’re probably in my core in that thing [reference to Peter Boettke’s concentric circles
presentation, the previous day]
[21:00]
And then, the president of the Kentucky regional BB&T, let me see, they endowed my chair, so
that’s probably [inaudible]. I’m gonna put another business person on, I don’t know who it is yet.
And then it’ll be the dean, and me.
And really the advisory board, all they’re gonna do is look at the annual report and say, ‘yeah, it
looks good.’ And they’ll adjudicate if there’s an issue about direction that I think that I need to
have somebody adjudicate. And say, ‘look, my advisory board called me, hey, this is what we’re
gonna be doing, here’s what the [inaudible] says. So it’s really just a protection thing for me, and
it’s not anything where they have to do any work, unless something comes up. But even then,
it’s probably not gonna be that much work.
You just want to have some people that are in your court because, and you want to set it up.
Don’t, don’t let somebody tell you to set it up, because if somebody tells you to set it up then it’s
their choice of who’s on the board, not yours. And that’s, you don’t want to be there.
WALL:
Well, I’m very fortunate. We were established a few years ago by John Hammond, who’s on the
board of directors, the treasurer on the board of directors.
[22:02]
He’s still around. His agreement with the university is that he’s on the advisory board and he
picks the other two members. And then, after he passes away, his son is on the advisory board
and picks the two members. So, we’re good for a little while, I suppose.
But it is important, I think, just to have that. I mean, we have the Treasurer of the Board of
Directors so, and the Board of Directors basically owns the university. So we’re in better shape
than [inaudible].
AUDIENCE MEMBER:
So, in my experience is very idiosyncratic. So, much like Steve said, it’s about protecting
yourself. So, I got wind that there was a possibility that my center was going end up having a
board, unbeknownst to me. So I decided to act quickly and decided to put together my own
advisory board whose sole mission was to prevent mission drift.
So you were on it. [“Right.”] And one of the things, you know...Ben Powell’s on yours, he’s on
mine.
[23:00]
Of course, he emails, he goes, ‘...how much work do I have to do?’
I’m like, ‘none.’ It’s just whenever something weird comes up, I just want to vet it through all of
you, get the consensus of, ‘that’s crazy.’ And then feed that back up, going, ‘uh, the experts
have spoken, we probably can’t do that.’
Then I got a person who is on our business board, on my board as well, who’s a big fan of the
center who’s basically was in the corner. But it was, essentially, ‘look, we’ve got to protect what
we’re doing, and I’m need to pack as many resources around us.’ Especially if I can bring in
scholars from afar who can give that, sort of, third party objectivity, that would sort of push back
against any sort of capture.
RUGER:
I think, on the board [of directors] thing, at least in our recent experience, it’s sort of widely
understood that the mission of faculty governance is, like, too old to achieve [inaudible]. The
way we look at it is much more academic freedomoriented. We’re not asking universities to
change their processes in any fundamental way, at all.
[24:02]
We want everything to happen the way it’s always happened. Protecting the academic freedom
of the center director, him or herself, is so important. And their academic freedom matters to
university.
AUDIENCE MEMBER:
Do any of the center boards in the room have members of the university administration on
them?
[GOHMANN: Our dean.]
Just the dean?
AUDIENCE MEMBER 2:
We have a dean and two faculty. And they’re closely aligned with our mission.
AUDIENCE MEMBER 3:
We have the president on ours. Well, technically kind of an ex officio. And wasn’t necessary,
actually. We’d done [sic] the same reason. Our advisory board is kind of a prophylactic if you
will. Our first year was rough. And we had that in place, and the president at the time, [reference
to a university president by name],knew that we did, and was able to then say, ‘why aren’t they
meeting?’ In order to kick your internal administrative problem. And that really came into good
play for us. Because of that, the president came, kind of an ex officio on the board.
[25:00]
And that’s been helpful. We have a new president now and she’s very supportive of the center,
so…
RUGER:
We have about two minutes left, any other questions, comments...?
HIGHSCHOOL TEACHER:
I’m coming from a slightly different perspective. So, I’m a highschool teacher. And when Scott
[Beaulier] recently tried to open up the center at Arizona State University, I was all on board.
And now he’s off doing something else, and I don’t know if [inaudible]. I know a few other people
are still trying to get stuff put together, and for me as a K12 educator, it’s actually very exciting
to see this kind of stuff going on in a local university. So that, now, okay, Arizona State
University, I’m not ashamed to tell my students to go study there anymore. [laughter] For
different reasons, for different reasons.
[25:55]
But I’m wondering, those of you who are, you know, administrators for these organizations, are
you tapping into your K12 resources that are nearby? And from, I guess, kind of an overarching
perspective, how could tying in these centers with much more broad reach in K12 education,
how can that kind of enhance your positions?
WALL:
I have an answer. You should speak to Tawni [Ferrarini], who’s sitting right there. [back and
forth]
TAWNI FERRARINI:
So we’re like implementing Common Sense Economics in our own education department for the
teachers to learn but then also hosting teacher training, and then also getting into...Ferguson
[inaudible] school district as part of the Ferguson Partnership. So yeah, you can do all kinds of
stuff.
HIGHSCHOOL TEACHER:
That’s the kind of stuff we, we would want.
[26:55]
UNIVERSITY OF ARIZONA FREEDOM CENTER AFFILIATE:
At the Freedom Center at the University of Arizona, we are working currently on a course it’s
called ‘Ethics, Economy and Inertia ,’ and that course is a collegelevel course but it is assigned
with the high school students in mind.
So it can be offered at the high schools for full enrollment. So the kids can take the course. And
they have teachers, they are the discussion leaders of the sections in each high school. And it’s
a very nice narrative. It’s a narrative that includes economic concepts and explores ethics and
entrepreneurship.
If you are interested in learning more, let me know. We are recruiting teachers. We have a
dedicated training for the summer, all the materials, and so on.
RUGER:
Thank you. I think we should wrap things up. Thanks so much for coming. I know Steve and I
have to run upstairs but Adam—if you want to raise your hand—he’s our senior program officer
at the Charles Koch Foundation.
[28:00]
So if you’d like to follow up with him, if you have this other idea, or if you just want to run
something past him. He’s here, use him as a resource, please.
Thank you.