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Milliken says I-423 e-mail complied with law

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BY MELISSA LEE / Lincoln Journal Star

Monday, Oct 30, 2006 - 06:51:50 pm CST

University of Nebraska President J.B. Milliken on Monday defended an e-mail he sent to NU students, faculty and staff last week informing them of possible impacts of a proposed state spending lid — an e-mail some critics say may have ducked state law.

In writing that Initiative 423 would likely result in sharp tuition increases and cuts to academic programs, Milliken might have violated a law that prohibits public employees from using taxpayer resources to advocate for or against ballot items, critics say.

But Milliken said the e-mail only urged members of the NU community to educate themselves on the issue, nothing more.

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Milliken

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See the text of Milliken's e-mail

“My e-mail did not encourage people to vote one way or another,” he said. “I told people the possible consequences. Now they can make their own choices.”

One part of the e-mail reads: “Maintaining affordable access to education is the university’s highest priority — one which will almost certainly be affected if Initiative 423 would pass. To make up the difference that would result from Initiative 423, our budget office projects tuition could rise as much as 57 percent in the next two years.”

The e-mail also says that if the spending lid had been put in place 10 years ago, NU’s 2007 state appropriations would be $134 million less than what they are today — roughly the size of UNL’s entire City Campus budget.

And those numbers, Milliken says, are optimistic.

Initiative 423, dubbed Stop OverSpending Nebraska, is a proposed constitutional amendment that would tie state spending increases to inflation and population growth. Voters will decide on it Nov. 7.

One of the initiative’s sponsors, Mike Groene of North Platte, said Monday he’d forwarded Milliken’s e-mail to a lawyer for review. He didn’t know whether legal action would be pursued.

Either way, Groene said, the e-mail violated at least the spirit of the law.

“I don’t think it’s proper etiquette,” he said. “This isn’t what we hired (Milliken) to do. I expect him to be managing our college.

“The taxpayers own the university. Not him.”

In a similar charge, Groene last Thursday filed complaints with the state Accountability and Disclosure Committee alleging that public school officials had used tax dollars to fight the spending lid.

Among the allegations were that officials from the Ashland-Greenwood School District and Valley County had used their public e-mail accounts and time at work to dissuade people from voting for Initiative 423.

Now he says that Milliken’s actions, legal or not, were highly improper.

Milliken’s “slanted” e-mail is an attempt to scare young, impressionable college students into voting against the initiative by threatening them where it hurts most, Groene said — their pocketbooks.

“It’s just very disingenuous.”

But Jack Gould of government-watchdog group Common Cause said Milliken’s message didn’t raise his ire.

NU lobbies often for various causes without legal repurcussion, Gould said, and he doubted this case would be any different.

“And I don’t think this is going beyond the pale,” he said. “They have a right to make these kinds of (financial) predictions.”

Ron Withem, NU vice president and general counsel, also backed Milliken, saying the e-mail fully complied with the law.

“(The law) does allow communication about the likely impact of a ballot measure,” Withem said. “We have a responsibility to let people know, and then they can make up their own mind.”

For his part, Milliken said communication is one of his most important duties as NU’s leader.

And he said students, faculty and staff would’ve been shocked if he hadn’t provided some sort of analysis on a ballot proposal that could significantly impact NU.

“Part of my job is to identify what resources are needed to support the University of Nebraska,” he said. “I want to fulfill my obligation.

“I can’t imagine the reaction if I had said nothing.”

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.


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Kudos wrote on October 30, 2006 6:10 pm:
" Thank you to President Milliken for sending the e-mail! There's nothing wrong with telling the unbiased truth about 423. "

 NO SOS! wrote on October 30, 2006 7:10 pm:
" Obviously if high ranking officials in the both the public K-12 school systems as well as public universities recognize the harm of I-423, it must not be as good as the commercials make it seem! "

 over taxed wrote on October 30, 2006 9:41 pm:
" the loudest against 423 are the ones that get their paycheck from the gov't. Try working leaner like the private sector. Gov't employees are overpaid, get too much time off, have better health care and retirement plans than most private company employees. Time to stop it or at least try to limit it. "

 Proud NU Grad wrote on October 30, 2006 10:10 pm:
" I have two degrees from NU and was a university student in third grade because of the Extension Service 4-H program but I am not employed by the university. I am proud to say that I voted against 423 in my early mail-in ballot. I did my homework and talked with some friends and voted my conscience. Any initiative that has any chance of limiting education, whether K-12 or higher education, is bad for our wonderful state. It may be cheesy, but there is no place like Nebraska, and there is no place in Nebraska for New York-businessmen-funded 423. "

 NO NO SOS 423 wrote on October 30, 2006 10:36 pm:
" I'm also proud to vote NO on 423. It is time people heard the truth. The university has gone through several years of leaning down - cuts and cuts and more cuts. And, yet that isn't enough for some people. People were cut, programs/departments were cut. I want my kid to be able to attend a first rate university - not some skeleton of what it used to be. "over taxed" has it all wrong - it is easy to pick on public entities - I know these people. They work their socks off to serve you and me. And, it is never enough. Yet, if your road isn't plowed first thing in the morning after a snow, or you have to stand in line because there aren't enough people to help you at the DMV, or you can't get a patrolman to respond to your fender bender in less then ten minutes - you are up in arms because no one is there to serve you. But those needs cost money and they are not the first on the list to get funding if this amendment passes. It's easy to complain when you are getting everything you need. Just wait - if this passes, not only will you NOT get what you need - your going to be paying way more for LESS of it! The smart choice is Vote No on 423 "

 ashamed UN Grad wrote on October 30, 2006 10:45 pm:
" This letter as well as Perlman's were blantant propoganda against 423. It might save their butt in court to have said they were only providing information before spewing a bunch of lies on a so called "study" that would have been given an F for its innacuracy and out right propoganda in any class at the University at least when I attended there. Today, I'm not so sure. I was a student under Perlman when he was dean of the college of law, he would have never accepted a memo of law like the so called neutral study they are citing. It may have faired better as a legal brief opposing 423, but then that would mean they violated the law wouldn't it? If you really do your homework and think for yourself you will be voting for 423 as I will. "

 Jacob wrote on October 30, 2006 11:31 pm:
" I am a University of Nebraska student. I do plan to vote, but I am planning on voting for the initiative at this time. However, whether his politics are good or bad, no state employee should not use state resources to make political announcements. Milliken has no business using his position as a bully pulpit to warn students of the danger of voting for anything-- even if it's an initiative he has good reason to dislike. Maybe his projections are realistic; maybe his concerns are merited. No less, they do not give him license to use a tax-funded information infrastructure to reach his audience. The university mailing system is not the proper forum to lend legitimacy to his political beliefs. No supporter of the initiative has similar power to reach voters with their message. It doesn't matter if the initiative is right or wrong-- not as much as it matters that Milliken is using public resources to promote political interests. Your tax dollars are paying for Milliken's soap box whether you like it or not. Maybe you like it. I don't. I'd rather see my tax dollars spent on helping me get my degree, not on "helping" me decide how to vote. "

 UNL grad wrote on October 31, 2006 7:02 am:
" I receive the letters from Milliken and Perlman. In his recent memo, Milliken did not tell anyone to vote for or against 423. It is his responsibility to inform faculty/staff/students of potential impacts to UNL. He did that and left it to us to decide. Jacob - your tax dollars are being spent on helping you get your degree. Unfortunately, 423 will eliminate funding, your tuition will go up and positions/departments will be impacted. You can vote for 423 - but when your major is impacted by the cuts, remember - it was your decision. "

 JMK wrote on October 31, 2006 7:54 am:
" Actually, if the schools, city officials and now the university all fight it so much, it must be a GOOD idea. They just don't want to loose their cash cow. vote it down and watch your taxes climb. end the bleeding! vote FOR 423 and get some control on your money. "

 c wrote on October 31, 2006 8:23 am:
" If the law passed ten years ago it would mean 134 million less for the University today. The proposition allows for 3 to 4 % increases a year. So the last ten years the University has recieved 134 million in exess of the rate of inflation and property growth. Where are these cuts the University has been complaining they took the last ten years because they have obviously gotten more money. "

 MW wrote on October 31, 2006 9:14 am:
" I too am a UN-L Grad, and if you think that the University is hurting, go take a tour of the SECOND TIER Pride of All Nebraska sometime. Walk through the newly remodeled student union and look at the BRAND NEW computers around every corner for students to use. Take a walk across campus and look at the BRAND NEW outdoor student rec. facilities that were just built for students. On your way gaze up at the BRAND NEW student housing facilities that were just built. And finally, swing in to the BRAND NEW engineering building that was just put up. PLEASE!! If this is the University's idea of "Lean Times", then they obviously don't have a clue of reality and need 423 to give them a reality check. "

 If you wrote on October 31, 2006 10:19 am:
" want uncontrollable spending by our state that you have NO choice in then vote against 423. If you are tired of the waste in government and tired of spending more money then the state takes in and want us to stay within a budget, then vote for it. Your choice. "

 Tod wrote on October 31, 2006 11:07 am:
" If JB sent out messages about the potential impact of all ballot measures over the last few years, I might believe him. As it is, I believe he made a mistake, but of course he can't admit it. I, too, have a hard time believing the U is having to work under a lean budget. The U has so much money-wasting sinkholes, taxpayers would be shocked, shocked, at where their money is going. But the U won't cut those programs, they'll cut where it hurts the (poorly served) students and the public. Too bad. "

 MW is right...... wrote on October 31, 2006 3:14 pm:
" A school here in Nebraska shouldn't have modern facilities, rooms, recreation areas and, oh no!, them fancy newfangled computers for the students?? We should all have pencils and paper and maybe a row of tents to sleep in. Milliken's job is to try to keep people from being stupid. It's a shame it doesn't seem to be working. "

 Sorry MW.... wrote on October 31, 2006 4:05 pm:
" Your comments about new facilities is misleading. I am a student at UNK and we have a new addition to our campus including remodeling to our Union, a new football complex, and new computers. These items, however were not paid for with tax money. The Union addition was paid for with a special fee passed by the students, the stadium was paid for by private donations and the computers are also paid for with student fee money. The university has had to work hard through the recent years of budget cuts to find new ways to fund important projects like these. I would assume that this is probably the case with many of the new facilities at UNL. Some facilities, however are just necessary to stay competitive, unless of course you want students from Nebraska to continue to head out of state to pursue higher education and then stay out of state when they are done. We can not remain competitive and retain students if we refuse to fund our higher education system at the proper levels. It's really easy to sit on the outside and criticize programs if one does not benifit directly from their services. There are many people in the state that will be affected both directly and indirectly from 423 if it is passed. I would encourage everyone to take the time to research the initiative for themselves and not just take someone's word for it. Take in all of the facts and then make your decision. "

 Lisa wrote on October 31, 2006 5:15 pm:
" Yes, so we can appear lean - let's be sure UNL has rundown buildings, old equipment, outdated software...we will certainly get lots of kids coming to campus with those amenities! I'm thrilled to see that my kid has access to the best of the best! And for those of you who haven't had your eyes open, in recent years UNL has been targeted for substantial cuts by our legislature. In just the year 2002, $16.4 million was pegged for reduction. Year after year, UNL has had to cuts. Those cuts have impacted programs and faculty available to our students and resources available to our citizens. I'm proud to support UNL with our tuition dollars AND my taxes! I'm ashamed of my fellow Nebraskans who are so short-sighted and unwilling to invest in higher ed! "

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