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December 4, 2007, Conference Call

Present: Bill Hutchinson, Bert Boles, David Spalding, Tim Dreisbach, Frank Gado, Marji Ross

Proxies: David Gale to Tim Dreisbach and Bert Boles; Kate Aiken to Bill Hutchinson; Marji to Bert, then Tim, then Frank until she got on; Bill to David Spalding after he got off.

Absent without proxy: Kathryn Wallop, Cheryl Bascomb, Alex Mooney

The meeting commenced at 5:07 p.m.It was agreed to put off approving minutes of November 6 and 15 until the next call.All were asked to review those minutes before our next meeting [December 20, 2007, 12:00 p.m.]

Bill announced that he has received the estimate from Marji for the cost of the mailing.David Spalding suggested that we put this together with the information on the number of items mailed and the amount spent so we can bring this to a close.

Bill said that the Nominating Committee of the Council is broadly looking for names for the 2009 trustee opening.They are looking to the AoA Executive Committee as well as to all alumni for any prospective names for them to review.

Frank joined at this point and agreed to provide the information on the mailing.

Bill asked Frank for the commitment letter between the AoA and Williams & Connolly as well as the letter giving consent to a third party paying for the lawsuit.Tim said that Williams & Connolly has prepared a statement dealing with these topics.In lieu of an earlier provided motion, Tim would like to have us agree to publish a statement from Williams & Connolly.

Discussion ensued during which Frank refused Bill's specific request because he is looking to Williams & Connolly to determine what should be disclosed. The letter they sent Bill refusing his request can also be disclosed.

Tim suggested we review the statement and vote by e-mail as to whether it should be released.

Tim believes we should open whenever we can. He has asked Frank to find out if we can publicize who has sent checks to Williams & Connolly to pay for the lawsuit. Tim wants to make sure that this will not jeopardize our legal position. Frank has made some inquiries, particularly about Donors Trust, which Bill Montgomery mentioned on Saturday (12/1/07).Tim said there have been several particular funding sources mentioned, including the Hanover Institute and Donors Trust. Frank feels the lawyers will decide whether this can be disclosed or not. Bert's hunch is that the people who gave money might want to be anonymous. Tim stated that he's been in situations where lawyers believe it is best not to disclose anything because once you disclose one thing it is hard not to disclose other things. Frank has heard some alumni might fear their children might not get in or children who are current students might be discriminated against. Frank believes that fear is far fetched. Since Frank is pursuing this, Tim withdraws his motion asking Frank to do so.

Bill brought up Todd Zywicki's remarks.The Council considered this and took action on this incident on Saturday.Bill proposed the following motion: That the Association Executive Committee should make a statement about Todd Zywicki's comments and his behavior as a trustee.

Tim said he would vote against this motion because he thinks we should not comment on individual trustees, but he would still propose his resolution.Frank finds the grounds for the Council action, which was based on the Trustee statement of responsibility, to be generally inapplicable.There is only one part of tht statement that might apply, but Frank feels that isn't enough to vote to condemn Mr. Zywicki.

Bert feels the way Todd Zywicki spoke is not the way he would speak.It seems to be directed more to Dartmouth's past than Dartmouth today.If we were to issue a statement, Bert would recommend one calling for civil discourse, but also supporting freedom of speech.Bert sees this as selective outrage.He stated that he got something from his Alumni Councilor today that characterized Frank and Tim in similarly outrageous language.Frank feels there's an issue here on whether the Council should have spoken out.Frank would not have said what Todd said about Freedman, but he doesn't feel anyone's speech should be condemned.Tim will vote for this so long as it is about making a statement about the whole situation and not something about Todd in particular.

Bill used Kate's proxy to second his motion.Voting "yes": Bill Hutchinson, Kate Aiken; voting, "no": Bert Boles, Tim Dreisbach, Frank Gado, David Gale, Marji Ross; abstaining: David Spalding; fails 5 to 2 with one abstention.

Tim feels our constituents expect us to say something.Bert proposed a resolution relating to the matter, which appears here as amended:

Regarding recent statements, often quoted inaccurately and unfairly out of context, by Trustee Todd Zwycki, the majority of the Alumni Association Executive Committee have voted to issue the following statement: the Association urges all members of the Dartmouth community to engage in dialog with civility and respect, but condemns the Alumni Council's censure of one Trustee's recent remarks as reflecting selective outrage out of political motivation, by an organization whose members simultaneously have, in their official capacity issued condemnations of others in the Dartmouth Community that mirror the stridency of the remarks they condemn. The entirety of trustee Zywicki's remarks are available at http:///default.aspx?id=736.

Tim's motion is not yet on the table.Frank was concerned about the attitude of the audience at the Alumni Council session on Saturday.Frank reported that he told David Spalding at the end of that session that we at least are able to work together.David Spalding agreed we all need to come together.Frank agrees with some of what Todd said about the state of academe today.Tim felt people accepted our statements as doing what we think is best for the College in the beginning of the session, but by the end, everything we said about acting in the best interest of the College was not believed.Tim opposes some of what Todd said, mostly on a political basis, but he would vote for Bert's motion.Bert feels that if Frank, our Sam Adams, wants to give peace a chance, maybe alternative language would be better.Tim disagrees that the leadership of the Council wants peace.Frank talked to Todd, and told him that perhaps we just need to let this quiet down.Tim said that he has talked to Todd as well.Frank is concerned that the Council stepping in where it shouldn't have puts the fat back in the fire, particularly because of the Council statement which he believes is an overstep and means we must make a statement.Tim feels that the Council is politicizing the situation by taking a stand here.

Tim feels the Council should disclose who voted how on their motion.Frank seconded the motion and Marji joined at this point.

Voting "yes": Bert Boles, Tim Dreisbach, Frank Gado, Marji Ross, David Gale; voting "no": Bill Hutchinson, David Spalding, Kate Aiken; passes 5 to 3.

Tim decided to move that the following statement from Williams & Connolly be put up on the blog.Marji seconded the motion.

Specifically Rob Cary of Williams and Connolly has approved of the following:

"Our client is the Association of Alumni of Dartmouth College. As resolved by the Executive Committee of the Association, we receive our direction from its liaison as that individual is authorized by the Association's executive committee.The fact that our fees and expenses may be paid by others does not change the fact that the Association is the entity to whom we owe our professional duties in this read.We understand that the liaison has not bee authorized to direct any actions that will involve expenses due from the Association."

Voting "yes": Bert Boles, Tim Dreisbach, Frank Gado, Marji Ross, David Gale; voting "no": Bill Hutchinson, David Spalding, Kate Aiken; passes 5 to 3.

Bill has to sign off the call.He put out the question of how the Nominating Committee should be appointed.He wants people to think about how we structure this.There certainly was a desire at the Council to have clarity on where candidates stood on the issues.Bill doesn't have set feelings, but he wants to know if we feel there should be clarity.Tim and Frank agreed there needed to be clarity.

Frank felt a mixed slate would not be a good idea.Tim mentioned past practice that those who want to run again should be nominated, which would potentially create a mixed slate.

Bert asked that we attach his Alumni Councilor's statement to the minutes of this meeting.It was agreed.

Discussion returned to the Nominating Committee of the Association.The consensus was to table this topic for Marji Ross and Alex Mooney to discuss the issue and return with their thoughts at our next meeting.

Tim proposed his motion:

Resolved, that the Association issue the following statement:

In response to inquiries by several Association members regarding recent comments by a Dartmouth trustee, the Executive Committee of the Association states that, just as it is not the committee's proper role to endorse or otherwise pass judgment on trustee candidates, it is not its place to endorse or condemn personal statements by alumni trustees. All trustees have a duty to represent Dartmouth constructively, and to take such actions as they individually believe are in her best interests.

Evaluation of alumni trustees is properly the function of elections conducted by alumni. For this reason, we favor and will strive to restore the historic right and obligation of Association members to determine whether alumni-chosen trustees should be elected to a second term, and to require that such trustees stand before all alumni in seeking re-election. To further the voice of alumni sentiment on any matter, we favor and will seek to install a referenda mechanism for alumni to place resolutions on the annual ballot by petition, similar to the process for petition amendments to the Association constitution.

Bert supports the second paragraph, but he doesn't support the first paragraph.We are duly elected representatives and we are trying to influence the College in its direction and the first paragraph might prevent us from doing that.Marji is concerned about this first paragraph contradicting things we've said before.Bert took this position on the Executive Committee to be able to return the College to the liberal arts education he enjoyed. Tim feels he and Bert disagree on this because while he shares some of Bert's opinions on the College, he thinks we need to be a little more neutral.Tim asked Bert and Frank to take a look at the language there again.Frank proposed a change to the second paragraph which Tim accepted.Tim agreed to take out the first paragraph, so the motion now is:

Evaluation of alumni trustees is properly the function of elections conducted by alumni. For this reason, we favor and will strive to restore the historic right and obligation of Association members to determine whether alumni-chosen trustees should be elected to a second term, and to require that such trustees stand before all alumni in seeking re-election. To further the voice of alumni sentiment on any matter, we favor and will seek to install a mechanism for alumni to place resolutions assaying on the annual ballot by petition, similar to the process for petition amendments to the Association constitution, for the purpose of assaying alumni sentiment.

Motion seconded by Marji.Voting "yes": Bert Boles, Tim Dreisbach, Frank Gado, Marji Ross, David Gale; voting "no": Bill Hutchinson, David Spalding; passes 5 to 2.

Tim asked that I forward the wording back as approved for both Bert's motion and his.

The meeting adjourned at 7:02 p.m.

Respectfully submitted,

David Spalding
Vice President for Alumni Relations
Secretary-Treasurer for the Association of Alumni