GA passes law that lets schools delay FOIA responses, literally admits it's about sports

Submitted by kevin holt on

http://deadspin.com/kirbys-law-will-make-it-harder-to-report-on-georgia…

Georgia passed "Kirby's Law," which allows its public universities' athletic departments to wait up to 90 days to respond to requests for information. Not only the info itself, but just the RESPONSE which should really take less than a week (e.g., "we got it, we'll get back to you").

Governor's spokesman said this: “it simply levels the playing field with other states that also have strong athletic programs like Georgia.”

Lieutenant governor said, “I hope it brings us a national championship.”

The implication is that winning teams hide their shit, and now Georgia teams can too. At a certain point, shit becomes more important than sports. They could at least do us the courtesy of PRETENDING it was about something else.

(HT to Steve Lorenz: http://michigan.247sports.com/Board/59424/Contents/UGA-passes-Kirbys-Law--44770022)

Edit: I hope this doesn't violate the no politics rule since it's about sports (see: governor's statement)

kevin holt

April 12th, 2016 at 2:48 PM ^

Nope, he really said it. Source:

http://onlineathens.com/sports/college-sports/2016-04-11/gov-deal-signs…

Also, this article sheds further light on the reasoning. Alabama does not have a specific timeframe for responding (but I believ says "reasonable time"). But 90 days is WELL over a reasonable time.

And the implications are mind-boggling. How could this possibly provide an athletic advantage if you're not saying schools are hiding something? How far up the list does this chart as far as Bama having a powerhouse program? Why is the mentality so warped that it's okay to do these things in the name of leveling the playing field with other (SEC/ACC) states?

kevin holt

April 12th, 2016 at 2:51 PM ^

Also in that source: it's called "Kirby's Law" because he lobbied for it personally. Yep.

This goes beyond my usual level of butthurt over the SEC. This isn't about sports allegiances anymore. If Harbaugh did this I would be livid. If the State of Michigan did this (even unprompted) I would be livid. It's already easy enough for schools to ignore FOIA.

LSAClassOf2000

April 12th, 2016 at 2:49 PM ^

Smart has attempted to downplay his role in the bill’s passing, telling a radio interviewer today that it’s “ridiculous” that it’s being called “Kirby’s Law.” “I had very little to do with that,” Smart said. But at the very least, he will happily reap the benefits of keeping public records private for that much longer.

I don't know that Smart should be so humble - he's only managed to advance and achieve something that some programs could only dream of, and that's making sure that a major transgression's public unveiling, if you will, is handled as his program and indeed his conference would prefer - in the middle of June during a 2 AM news dump.

ypsituckyboy

April 12th, 2016 at 2:53 PM ^

This ceases to be funny ("haha let's win us a Natty Title") when one remembers that it can actually impact something other than a trivial NCAA violation (say, the handling by the head coach and athletic department of a sexual assault allegation). 

turd ferguson

April 12th, 2016 at 2:58 PM ^

This is how I feel, too.  This stuff is scary.  I love college football, but it's really disconcerting how the law gets distorted or forgotten around college football programs (looking at you, FSU police).  And if that story is true about Butch Jones telling a kid that he betrayed the team by helping a sexual assault victim and Tennessee doesn't fire him, that's totally fucking unreal.

NRK

April 12th, 2016 at 4:09 PM ^

No, they are not. (Federal) FOIA does not automatically apply to entities that receive federal funding.  It mostly applies to executive branch & agencies. Universities do not meet that definition.

https://www.justice.gov/oip/foia-guide-2004-edition-procedural-requirme…

 

State universities are often subject to their own state "open records" laws, which colloquially are often referred to as FOIA although they aren't technically covered under FOIA (a federal law).  Many states definition of "agency" or "public agency" (or whatever else they make subject to the state law) includes state universities. But there is no legal requirement to do so: if a state legislature chose to exempt state universities from the law, they could do so, regardless of federal or state funding.

If you want to see the state laws goog for "State open records laws" and the second link should be a NACO report with all the state laws.

 

 

 

 

NRK

April 12th, 2016 at 4:12 PM ^

FOIA only applies to Federal agencies (more or less). Penn State is a state agency, and does not fall under the definition under federal law. When state legislatures enacted their state law they apparently elected not to include Penn State in their state law. [I didn't read the link, just took your statement at face value.]

BlueFront89

April 12th, 2016 at 2:59 PM ^

if Herschel Walker would have gone to Alabama like he intended to (before GA offered more $), they would have never had that one NC they do have from the 80's

Monkey House

April 12th, 2016 at 3:04 PM ^

I'm curious, why haven't schools like Michigan and Stanford publicly state the facts about bagmen and free cars? we all know most the schools that do it, so why not come out tell recruiting stories they have seen first hand?

Gr1mlock

April 12th, 2016 at 3:18 PM ^

My  guess, they don't want to invite closer inquiry of their own.  I'm fairly confident Michigan doesn't pull the shit  that schools like Ole Miss do, but I'm also fairly confident no school is 100% by the book squeeky clean, even if it's just a matter of fairly innocuous stuff like the recruits going to parties or having meals paid for or whatever.  I mean, I definitely got drunk with pre-frosh who stayed with me during college, and that wasn't even recruiting related; I'm sure if there's something substantial at stake, the players might not be perfectly, flawlessly within compliance.

 

Also, while bagmen and free cars are one of those "everyone knows" things, they're by design pretty hard to prove, and schools can't really throw around accusations and claims without rock hard evidence.  

kevin holt

April 12th, 2016 at 3:35 PM ^

Correct. And the only firm evidence would be from the player/recruit himself. I dunno about you guys, but as much as I'd love [Player X] to pen a detailed memoir with exhibits attached showing all the ways other schools offered him cash, I would really rather not call that kind of negative attention to the kid if he hasn't called for it himself. Maybe after someone reaches the NFL they'll do it, but it really seems like it's not gonna happen that way either.

Also, who knows. Behind the scenes, maybe Hackett submitted evidence to the NCAA that we don't know about. 

BassDude138

April 12th, 2016 at 3:06 PM ^

This whole thing is amazing. It also serves as more evidence of what we all knew about how the SEC does business. Smart came from Alabama working under Saban and winning championships. Once he gets his own head-gig, competing against Saban, this is the biggest thing on his agenda in order to make sure that they can compete? Then the Lt Governor put the icing on the cake with the "hope we win a Natty" comment...

olm_go_blue

April 12th, 2016 at 3:07 PM ^

the only time I've ever cheered for Georgia was when they played the softest 12-0 team in history (Hawaii) and everyone was blowing Colt Brennan. I was calling the blowout all week and I did enjoy that game.

Otherwise, they can fuck off.

beef supreme

April 12th, 2016 at 3:09 PM ^

Am I alone here in thinking the real surprise is that they A) didn't already have this in place and; B) they felt the need to pass this anyway when they will just hide the shit that goes on anyway.

George Pickett

April 12th, 2016 at 3:13 PM ^

The previous timeline was three days.  So basically, instead of having to respond the week of a football game, the University can now wait until after the season.

Also, "Smart visited the Capitol to discuss the bill with lawmakers for four hours shortly before they passed it, and the chief of staff of one of the bill's co-sponsors said Smart was the prime mover behind the legislation."   Unreal.

PopeLando

April 12th, 2016 at 3:17 PM ^

I have a lot of experience with FOIA requests in Michigan. I won't get into specifics. But prevailing sentiment is if anything going the other way, toward shorter response timeframes. An agency which has been FOIA'd has a lot of time and roadblocks they can put up if they so choose, in the form of extensions and fees. If and when that happens, there is usually a news article about how the agency is trying to hide data from the news outlet. What Georgia is doing is 100% bullshit. As an administrative function, the FOIA coordinator should not be involving the coach, and certainly not buying time on his behalf. Sure, a friendly heads-up about a potential PR issue is good manners, but this kind of response isn't warranted. The good news is that this law should be easily challengeable. The bad news is that people think it will help the team win more games. If there's any connection between FOIA response time and winning football games, something is terribly wrong.