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They are taking the position and assuming someone challenges it legally and prevails that will be well down the line.  By that time O'Leary may be gone and a new AD and coach in place at which time the public interest in the story may not be there. It has all the "feel and smell" of something is not right but they're going to let it play out and not release information until they have to by a court order upheld on appeal.

No one, least of all media, likes to be denied information behind a legal cloak. Whatever is hidden will eventually come out, the school has to know this. So yeah, I think you're probably dead on about letting it play out. Poor approach IMO, it may not hurt as much later but it will still hurt and will add distrust across the board.

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That's some pretty aggressive lawyering but it is possible UCF is right.  Their argument is that their DSO, UCFAA, is statutorily protected on the records request and also statutorily protected by sovereign immunity if claims are alleged.  The sovereign immunity claim was upheld by the Florida Supreme Court.  Now they are essentially arguing that the legislature intended for entities like UCFAA to have both protections. It's not a common sense argument but it may be what is statutorily allowed.

And it looks like the DSO has pulled an about-face on the records:

http://www.orlandosentinel.com/news/beth-kassab/os-ucf-says-it-will-make-coaches-contracts-public-soon-20151020-post.html?utm_content=bufferdf32b&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

UCF says it will make coaches' contracts public soon

Beth Kassab Orlando Sentinel Columnist
 

The University of Central Florida, which had been the only public university in the state to keep its athletic coaches' contracts secret, says it has had a change of heart.

After a request from the Sentinel on Monday, UCF spokesman Chad Binette said late Tuesday afternoon that football Coach George O'Leary and other coaches will be asked after Saturday's match-up with the University of Houston Cougars to release their contracts.

 

UCF says it has to take the step of asking the coaches to release the documents because its athletic department would be "breaking the law" to do so.

The athletic department technically operates as a private, non-profit organization known as a Direct Support Organization.

 

The Legislature allowed most records kept by DSOs to remain confidential.

But that didn't stop the University of Florida, which also has an athletic department that operates as a DSO, from making public the contracts of its coaches.

UCF says it’s different because the campus falls within the jurisdiction of the 5th District Court of Appeal and an earlier court case made it illegal for confidential documents to be released.

That made little sense considering coaching contracts are public records at every other university in the state.

The rest of the article is at the link above.

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UCF says it’s different because the campus falls within the jurisdiction of the 5th District Court of Appeal and an earlier court case made it illegal for confidential documents to be released.

No. That's not how the law works in Florida. Just because UF does not reside within the 5th District Court of Appeals' geographic area does not change anything.  The decision of any Florida District Court of Appeal is binding on any lower tribunal, unless there is a conflict between districts or the Florida Supreme Court has overruled the decision.

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No. That's not how the law works in Florida. Just because UF does not reside within the 5th District Court of Appeals' geographic area does not change anything.  The decision of any Florida District Court of Appeal is binding on any lower tribunal, unless there is a conflict between districts or the Florida Supreme Court has overruled the decision.

Sanjay, that quote is from the article, not from me. I agree with you, by the way. I don't, however, agree with UCF's interpretation of the applicability of chapter 119.

Edited by Paisa el Toro
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Sanjay, that quote is from the article, not from me. I agree with you, by the way.

Sorry. I knew it was from the article and UCF's statement. Didn't mean to imply otherwise.

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And it looks like the DSO has pulled an about-face on the records:

http://www.orlandosentinel.com/news/beth-kassab/os-ucf-says-it-will-make-coaches-contracts-public-soon-20151020-post.html?utm_content=bufferdf32b&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

UCF says it will make coaches' contracts public soon

Beth Kassab Orlando Sentinel Columnist
 

The University of Central Florida, which had been the only public university in the state to keep its athletic coaches' contracts secret, says it has had a change of heart.

After a request from the Sentinel on Monday, UCF spokesman Chad Binette said late Tuesday afternoon that football Coach George O'Leary and other coaches will be asked after Saturday's match-up with the University of Houston Cougars to release their contracts.

 

UCF says it has to take the step of asking the coaches to release the documents because its athletic department would be "breaking the law" to do so.

The athletic department technically operates as a private, non-profit organization known as a Direct Support Organization.

 

The Legislature allowed most records kept by DSOs to remain confidential.

But that didn't stop the University of Florida, which also has an athletic department that operates as a DSO, from making public the contracts of its coaches.

UCF says it’s different because the campus falls within the jurisdiction of the 5th District Court of Appeal and an earlier court case made it illegal for confidential documents to be released.

That made little sense considering coaching contracts are public records at every other university in the state.

The rest of the article is at the link above.

This article was released before GOL said he wouldn't do it this morning.

 

Hitt/UCF are not on the same page as GOL 

 

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This article was released before GOL said he wouldn't do it this morning.

 

Hitt/UCF are not on the same page as GOL 

 

O'Leary is Hitt's boss? :popcorn:

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O'Leary is Hitt's boss? :popcorn:

He's the most important man in the building.  

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Watch him go 0-8 with a conference record of 0-4.   That will be ugly.  

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Anyone shocked?  That man is beyond reprehensible

-------------

UCF coach George O'Leary says he won't release his contract to public

 

George O'Leary address coaching contract rumors

UCF coach George O'Leary says on Open Mike 'his contract is his contract," he won't release it to the public
 

UCF's George O'Leary is declining to release his contract to public, the coach said during an appearance on Open Mike with Sentinel columnist Mike Bianchi on 96.9-FM.

"My contract is my contract. And if asked, I won't release my contract. That's why it's my contract," O'Leary said Thursday morning, adding he was more focused on coaching the Knights still chasing their first win this season. ". . . I guess the big [word] the use is transparency and stuff, but I think that I'm worried about our football season and that's what I'm concerned with. That contract stuff, I haven't given much thought to it at all."

UCF is the only public university in the state that has declined to release coaches' contracts, stating the UCF Athletics Association that runs the Knights' athletics department operations is a Direct Support Organization that is not subject to public records laws. 

The school's general counsel stated in an email obtained this week by the Orlando Sentinel's Beth Kassab that releasing contracts coaches expected to be confidential would violate the law, citing a recent opinion issued by the 5th District Court of Appeal. The school announced it would ask the coaches after the Knights play No. 21 Houston Saturday if they would agree to voluntarily share the contracts.

The Orlando Sentinel has requested the football coaches' contracts numerous times since 2009, the last time the school voluntarily shared a copy of O'Leary's contract. UCF has confirmed O'Leary has since signed at least one contract extension, but shared few other details about the agreement. His last known buyout was due to expire Jan. 4, 2016. It is unclear whether that buyout has been extended.

"My contract is my contract. If I'm asked, I won't release my contract. That's why it's my contract," O'Leary said Thursday morning, adding he was more focused on coaching the Knights still chasing their first win this season. "

O'Leary told Bianchi Thursday morning he answered a TV reporter's question during his weekly news conference Monday inquiring whether there was any language in his contract about the Knights' next head football coach, alluding to rumors offensive coordinator Brent Key had  been promised the head coaching position whenever O'Leary retires. O'Leary said during the news conference Monday there was no reference to a head-coach-in-waiting in his contract and said during Bianchi's show Thursday he answered the question.

When Bianchi asked if Key's contract assured him of being UCF's next head coach, O'Leary said he would not comment.

UCF athletics could use a dose of transparency

"That's Brent Key's contact, and I don't comment on contracts," O'Leary said. ". . . If I'm not going to comment on my contract, I'm not going to comment on anyone else's contract."

The University of Florida, which also operates its athletics department as a Direct Support Organization, has long released coaches' contracts to the Orlando Sentinel and other meida outlets. The Fifth District Court of Appeal ruling UCF has cited barring it from releasing contracts without coaches' approval would apply to UF even though it is in a different jurisdiction because no other Florida appeal court or the Florida State Supreme Court has ruled on the issue. In response to every public records request submitted by the Sentinel, UF has stated it is not obliged to share coaches' contracts but opted to voluntarily comply with the media request.

 

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