Joe Wiley Lawsuit Update – 7/28/2008
87July 28, 2008 by Tyson Wynn
I’ve been busy with other things and unable to update the progress of the wrongful termination lawsuit brought by Marilyn Goff against Rogers State University (Former) President Joe Wiley, Sheree Hukill, and the O.U. Regents with the regularity I would have liked.
To get up to speed, you can read my previous posts regarding the lawsuit.
- RSU/FHU President Joe Wiley Sued for Wrongful Termination (Again!)
- Joe Wiley Lawsuit Update
- Court Documents for Goff v. Hukill, Wiley, et. al.
- Judge: Wiley’s Previous Evasion of Service Not Pertinent in Current Case
Since I last reported on the case, there have been a few things happen and a few documents filed. For the list of and PDF access to the documents filed, visit my Goff v. Wiley page (it has now been updated to reflect the date of filing for each document).
Now for the news: There was a settlement conference between the parties that did not go very well, according to WynnBlog sources. What I can say is that there has not yet been a settlement reached according to court filings.
In other news, the RSU crowd has moved the court to stay the proceedings until O.U. attorney Steve Ashmore can return from Iraq, where he is serving with the military. His return is estimated by O.U. to be November 2008. Goff opposes this delay and has filed a motion to that effect. O.U. moved to strike this motion because it was filed three days late. Goff opposes striking the motion, and has filed a motion to that effect, stating that he was late filing because his office was flooded. The judge denied O.U.’s motion to strike. He as not yet ruled on whether the case should be stayed until Mr. Ashmore returns.
That’s about it for now. I’ll post periodic updates.
Category Joe Wiley, Legal, News, Oklahoma, RSU, University of Oklahoma | Tags:
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My sources say irregularities with federal funds will be investigated by the OIG, but Bit-by-Bit irregularites should be reported to the state attorney general, as should any violation of the Oklahoma Open Records Act. Because Mr. Edmondson has said that the attorney general’s office has been a “champion” of the open records law for at least 20 years, I have personally reported RSU’s refusal to release Wiley’s response to the DOE concerning RSU’s Trio programs to him, but one voice is not powerful enough to achieve the goal of demanding that RSU be held to the same standards of conduct and the same law as all other state agencies. As we have experienced in the past, when people join together for a common goal more gets accomplished. If people fear for their jobs or their safety, they can request that their names be held in confidence, but it is vital that people take a stand on these issues. Make no mistake, the “veil of secrecy” has not been lifted despite what people may have been told, and a law that has been on the books since 1985 continues to be flagrantly ignored. While there is no acceptable excuse for noncompliance with the law, RSU has been doing it and getting away with it for so long that administrators actually behave as if doing so is written in their job descriptions. They dodge, stall, use diversionary tactics, and actually create or alter policy on the spot to prevent the public from being informed of the actions they take. For example, if RSU has an open records request form, I can’t find it anywhere, but they use the lack of one as an excuse for not releasing the information. An official request form is not required by state statute, but the Oklahoma Open Records Act does require that an agency have an individual authorized to release public records available at all times during the regular business hours of the agency. If RSU has such a person, his or her identity is a secret guarded as closely as Wiley’s response to the DOE. The old adage that actions speak louder than words tells us all we need to know about how Dr. Rice intends to respond to the LAW. It is up to us to take the action now. We MUST write letters or send e-mails to our state attorney general.
And by the way, Dr. Rice, if you’re reading this (and I hope you are), FYI, an e-mail routed through any Oklahoma state owned server IS an “official” record.
I have no other information about Bit-by-Bit, but others do, and those who do should report them to State Attorney General Drew Edomndson. If we want RSU to do the right thing, it starts with us.
Another thing of interest and irony: one author of the Oklahoma Open Records Act was none other than Stratton Taylor. Could this be the reason RSU has been given a pass when it comes to abiding by the law? Something stinks to high heaven; it’s the stench of a cover up. And it does seem that other elected officials are in on it. Let’s not forget Larry Rice was also once an elected official. I don’t trust them either.
Before you start spreading rumors about Bit by Bit maybe you should go and watch a class and the children being helped at no cost to the parents. This is a good program and hard work being put in by good people that are paid and by volunteers. Maybe you should try being a volunteer instead of running your mouth to discredit a great program. The lady that started this program worked hard for it. Now you are trying to cause people not to
believe in it and not give their money to a very worthy cause. Many of these parents couldn’t afford to pay for their child to have this help. The donations and money put in by RSU are what pays for this and the volunteers who put their time are needed to make this program work. You are the one not to be trusted because you haven’t been in the parents postion of having a child that needs this program and seen the good it does. IN A LAWSUIT there are two sides and will be shown, sometimes those who file these suits don’t always have grounds just attorneys after money. Maybe you need to check out their backgrounds.
I talked with a former employee of the Bit by Bit program and got a few tidbits of information of whats been going on down there…
The current Equine manager/Facility director(Pam Switalla) kept her own personal horse at the site on the programs bill(feed, hay, etc..)for about 2 1/2 months until former Rodeo coach Mac Alford had room to bring her to his place for training.
She even had the horses teeth floated and billed the program(under the name little sorrel mare).
New rodeo coach Leonard Berryhill asked the former director if they needed any more horses for the program. Jana asked how tall the horse was(tall horses make it harder on the volunteers like myself that are vertically challenged to help hold and walk with the students)Leonard told her it was about 15 hands. Jana said no he’s too tall.
A couple days later the horse shows up anyway and guess what, not only is the horse closer to 16 hands than he is 15. The horse was crippled to boot. After a student worker rode the poor thing she said how sorry she felt for it. The next day the student worker said as did Leonard that the horse was faking it.. Jana told me the horse should be put up for an Academy Award… Jana has been around equine her whole life and this horse is crippled and unusable (without drugging)probably still down at the barn being unused just costing the program money.
But thats just a little of of what I have heard, I’m sure there is much much more.
Shirley, is it legal for RSU to lie on grants to get money from private business for a non profit organization?
I’m not an attorney, but lying on grants to get money from any source is fraud. Is there proof?
Shirley is it legal to slander people by their
full names online.
Polly: Thank you for your interest in what we are saying about RSU. Please understand that nobody! is slandering ANYONE at Bit-By-Bit. We are not slandering or trying to hurt TRiO Programs. WE HAVE BEEN HURT. People we love have been hurt. Our Students have been hurt and this community has been hurt by the RSU Administratio, specifically Joe Wiley, Tom Volturo and others who have repeatedly shown themselves duplicitous by using money intended to be put to good use. I don’t want to think you are stupid but, really, can’t you open your mind just a bit! I have heard it said that there ae many vicious dictators that fund hospitals and love small animals. Well…Good! Think about it Pollyanna. Honestly, I was shocked at your attack on Shirley. Good Lord woman.
So, following Polly’s logic to it’s complete logic…to critize the way funds are used that are intended for use by the Bit-by-Bit Program…intended to provide fabulous, unique, much needed therapy for special needs kids…critizing the fact! YES FACT that funds are misdirected and instead are going into big fat pockets of Joe Wiley, Tom volturo and their families…now let me see if I understand this Polly…by critizing misuse and fraud…we are SLANDERING THE BIT-BY-BIT PROGRAM? Polly, to your way of thinking, you should run for political office here in eastern Oklahoma. Oh by the way, you can make a lovely helmet with left over tin foil.
“Many of these parents couldn’t afford to pay for their child to have this help. The donations and money put in by RSU are what pays for this and the volunteers who put their time are needed to make this program work.” Polly, as a grandparent of a handicapped child I want to tell you I am horrified at your response to Shirley. Surely you can see that the funds that we all work so hard to provide should be used with good stewardship, wisdom and honesty. Do you actually believe that to criticize misuse and fraud of program funds is the WRONG thing to do? I just simply don’t understand. Can you help me? Perhaps I am not clear on your point. Really, I hope you will make another effort to explain yourself. Right now, I am very, very upset by your comments to Shirley and would love to meet you face to face.
Polly, I probably depends on what you are calling slander. Truth is not slander. Fraud is fraud and theft is theft.
Polly, beause I have volunteered and helped with Bit-by-Bit I do understand how valuable the program is. That is EXACTLY why I don’t want Joe Wiley and Tom Volturo and other creeps using the money in ways it is not intended. What in the world are you thinking woman.
Polly, what are you going to do to defend Bit-By-Bit. Do you honestly believe we are trying to hurt the program by pointing out fraud and abuse of funds? Isn’t it better to stop the abuse and fraud and make sure the money is used for the purposes it was meant to go toward?
Once again we are seeing clear examples of “useful idiots” People, please think and use the brains God gave you to understand the meaning of corruption. Don’t be used by evil because of your well-meaning,misguided ignorance.
People have a right to express their opinions; just as you have the right to disagree. Both sides should be heard. That’s what we’re fighting for.
I hear that Polly doesn’t know her ear from a hole in the ground! So, if we see someone stealing your car and we tell the police…by your logic we are spreading rumors about you and slandering your good name. Polly, Polly, Polly…tsk, tsk, tsk.
Today, I learned with regret that Dr. Dannette Boyle has come under some scrutiny as a result of the Tom Volturo, Joe Wiley snow jobs. Dr. Boyle is a decent soul and I’m sorry to hear it but, all of us that know ANYTHING better start singing like birdies or be ready to be plucked over.
I agree that everyone should be heard. However, we are expressing concerns here. Shirley, I have a right to express my concern that when people express the kind of ignorant absurdity that Polly has expressed to you by saying that to be willing to root out evil and fraud is “slandering Bit-by-Bit” I am very concerned that we all perhaps should simply throw in the towel. If we are “fighting” against this kind of ignorance, I’m afraid I don’t have the strength to manage it any more. TRiO funds have been squandered and the staff and students have been demoralized. Bit-By-Bit has been raped and plundered…it is obvious and the staff and clients have been badly served as a result. How can a person be so ignorant and simple minded to believe that this kind of thing should not be outed. I would ask Polly this question and Polly should should think about it. If you, Polly, or your daughter, were being raped every day by a human beast and someone realized it and told others in order to get have it stopped, would you be crying that someone was slandering you? Please, this is quite an amazing line of thought and I’m not quite sure how to deal with it other than it makes me quite ill. Polly, how sad, how sad indeed.
Polly, you say the money put into bit-by-bit by RSU helps so many people. Polly, dear, from whence do you think RSU gets the money? Do you not know basic economic 101 that RSU is accountable to use the money that TAX PAYERS and people who PAY tuition give the money to RSU and these self-same people have a RIGHT to know that the money is not used for someone’s personal gain. Really Polly. Are you a Democrat or just an outright socialist, “useful idiot?”
Has this misuse of funds been seen in writing, and can you prove it. I wouldn’t want funds misused and I wouldn’t go on hear say from one or more persons unless they can prove it. Rumors can do great harm to ones that don’t deserve it. The truth always comes out in the end, but sometimes damage is alread done. I wouldn’t want that to happen to this program. I think that when you name names it is slander unless you prove it.
Polly you poor little creature. If ever, ever you need a lawyer in Rogers County, pray and run for your life if you think you can go against Rogers State University, Oklahoma politicians, and the good old boy network here and GET MONEY! HA HA H AH HA H AHAHAHAHAHAHAHAHA What a funny, funny lady. Polly, you really need to consider investing in cable TV. The local news and what ever you are reading in the Enquirer have turned your poor little head to sweet potatoes. Oh, don’t bother getting a lawyer from around here to help you get any money. HA, “a lawyer to help you get money from RSU!” HA! HA!
Polly asks if these allegations or proof of allegations has been put in writing. Well, Polly, it’s going to go before the court. Then, Tom Volturo and Joe Wiley will be facing a jury that will see the evidence with their own eyes. Maybe, just maybe then, Polly will begin to think…hmmm…maybe somebody is doing something wrong…maybe it is Joe Wiley and Tom Volturo and NOT the people accusing them. Not bloody likely through. Polly has shown how her mind works. Are you working on your tin foil cap Polly?
Polly, we you complain of fraud to the RSU administration, they fire your hind end…have you noticed. So, you have to take your complaints to the court. Then, you have someone like Polly or “Dot” say you are “slandering” or just looking for a lawyer to get you some money. Can’t really win against fraud and abuse in the word of Polly and Dot.
Shirley, I agree with you that Polly has the right to be an ignorant fool and be wrong. She even has the right to say stupid, ignorant things. I also have the right to feel frustrated, angry, confused and terribly concerned that Polly may represent others who are so blindly ignorant that they honestly feel that complaining about possible fraud and abuse is somehow WRONG thing to do. Yes, Polly has the right to be an ignorant stupid prig if she want to do that. Go ahead Dot and Polly. The rest of us will put our souls and our reputations, our lives, our ability to earn a living and even our health on the line for you.
Please do not misquote me. Hasn’t there been enough “mis” information been bandied about? We’re looking to get at the truth here, and calling people stupid or saying I said something I didn’t is not a tactic I condone. I do understand your frustration, but we must be civil.
Polly, on behalf of those of us who have been being attacked for simply pointing out federal regulations for the last three years and are therefore overly sensitive to what could have been viewed as another one of those attacks, please accept my sincere apology.
I’d like to know about the Executive Director of TRiO Programs job posting. As described, the administration appears to be looking for someone to do exactly what Hukill did. I’m so confused. Did the Department of Education not specifically tell RSU they better stop trying to micromanage the programs, manage the budgets out of the Admin Office and get rid of this structure, or face losing funds? Maybe RSU decided they would just get along without this funding and run things the way they see fit. Sure looks that way doesn’t it! Can anyone shed some light on that? Hey, at one time I did see something about Jim Finley or Marilyn Goff coming back in that role. Wouldn’t that be an interesting turn of events? Anyway, from what I can see, they University should do away with that TRiO Admin office, have someone working through the Foundation to write grants, and let the program managers (Directors) run their own show per the DOE report. (The Regulations call for each of the programs to have someone 100% dedicated to running the programs, budgets and ALL! How can Schoenefeld do that for 4 programs? Seems mighty strange that RSU would not do what they are told. I guess they have a “better vision” HEY, Maybe Polly will get the job! HA
Shirley, I suggested in an earlier post that Polly has the right to say stupid things and be a stupid prig if she wants to. I stand on that statement and defend her right still. You go for it Polly.
If I had a daughter I wouldn’t want her to be around the likes of people that say comments like some of you do. I would teach my children to not judge people until all the facts were in and proven, not just heresay. I hope the new director of Bit by Bit can stand the heat from the all the rumors. I wasn’t attacking any one person, I was speaking in general to whom “the shoes fits”.
I give, uncle, over and out.
If nobody can “talk about it” until all the “Facts are in” then, how are we supposed to learn the facts? Just wondering. I think that is the final comment. Polly your erudition has been an intellectual guerdon to us all. Selah!
According to the State Records Sheree Hukill is still getting a pay check each month from RSU. (at least she was as of July 31) August had not been posted when I last checked. Just wondered if she is providing so called “documentation” to the OIG’s office. Now that would be a “show and tell” project to look into. According to her last employer, they found it necessary to go to Hukill’s house with a truck and STOP HER IN HER TRACKS before their 501(c) 3 was debarred and dismantled because of Hukills “help” When will it ever end, when indeed.
Still going on—-
The Bit by Bit is a great program and helps many
kids and would not criticize it. But spending the
funds on other projects such as(rodeo supplies &
etc) but you better not ask why. The new director
had better watch her back, it’s not just rumors
and to be sure it is still going on.
Why should the new director watch her back.
If the new director starts to ask why and what
itis being spent on and who authorized and signed
for it other than herself, then it is time to
watch her back. This is what happened in the past.
Polly I noticed you used the incompetent in the same sentence as the former director of bit by bit, I was down there and did see how hard she was working and how the volunteers tried to chip in and help when it seemed no one else would or just because there wasn’t anyone around most of the time. I hope all this does come out in the courtroom and the ones resposible for the lack of ethics in all of your comments that you defend are held accountable
Perhaps we should have a meeting of some sort to discuss a course of action on all this. Mr. Wynn appears to be an excellent pivot point of contact. I would be willing to share my phone number if people are interested in meeting. There is a great deal of concern here and it seems we all need to talk about this in person. Perhaps, if any of you are interested in such a meeting, you could send an e-mail to Mr.Wynn and we can let him coordinate it in confidence? Just trying to help. For one, I’d like to get together and talk about all this RSU stuff.
I agree with Polly that all the talk about bit by bit will lower donations made to the program.
So do all of you want to see the program ended, because someone lost their job. Then our children lose. There is always another side to a story.
Please know that the most hurtful attack on Bit-by-Bit would be illegal or immoral use of grant funding. The wrong thing to do either ethically or legally would be to refuse to let proper authorities know when there is a misuse of resources. The “FACT” that people at RSU in more than one of the grant funds have had their employment terminated or otherwise been involved in “constructive dismissal” for “whistleblowing” is indicative of something very wrong.