HAVE DAN BEEBE AND BILL POWERS BEEN DISINGENUOUS? HAS DAN BEEBE VIOLATED HIS FIDUCIARY DUTY?
Austin American Statesman columnist Kirk Bohls reported on August 1, "Pac 10 aggressive commissioner Larry Scott, at last week's league media days, said expansion talks with Big 12 schools had been in the works for four months (prior to Big 12 Spring Meeting) behind the scenes, which is true. He told me that he and Texas athletic director DeLoss Dodds had initially discussed the idea over golf in the Pasadena area when the Longhorns were there in January to play Alabama for the national championship."
Further investigation has produced a message posted on March 11 on Sh****bevo.com from a Texas Law School Alum noting his conversation with Bill Powers following a dinner in Midland, Texas. "I spoke briefly with UT President Bill Powers last night at a Texas Exes event in Midland. President Powers gave a dinner speech to our local group and touched on a number of different issues that he has been facing as UT president (10% rule, Cactus Cafe, Mack's salary, etc.). One of the issues that he briefly named early in his speech was "the Big XII TV contract" but he didn't go into any detail on that subject. Nevertheless, I was intrigued. I was hoping there would be a question and answer session, but there wasn't.
After dinner, I waited for a window of opportunity and went over and shook his hand and thanked him for the speech. After some small talk about the law school (I was a student there when he was a law prof), I asked the question I was dying to ask: "So, Big 10 or Pac 10?"
He laughed and then the first thing he said was "Well, we are NOT going to the Big 10." I was expecting a very lawyerly, equivocating answer, so I was pretty surprised at his very direct and succinct answer. He then went on to say he had no desire to be flying our softball team all over the upper reaches of the midwest. Then he dropped another bombshell "Whatever we do, we aren't leaving Tech behind". He then talked about how this issue is very much a hot button topic for him right now and it's what he was referring to by referencing the "Big XII TV contract negotiations" in his speech. He then got rather vague and said that he could see some sort of large "Western" alliance of schools forming in the future, but this isn't imminent and he's not sure what will happen. That was it, we only spoke for a total of about 2 or 3 minutes."
WHY IS THIS IMPORTANT TO AGGIELAND? IT POTENTIALLY MINIMIZES EXIT FEES FROM NEBRASKA AND COLORADO BASED ON POTENTIAL DEFENSES OF ANTICIPATORY BREACH, LACK OF LIQUIDATED DAMAGES, AND BREACH OF FIDUCIARY DUTY BY THE COMMISSIONER.
Immediately prior to the Big 12 Spring Meeting, Dan Beebe was quoted on WHB 810 Radio in Kansas City saying "We're going to head into our meetings in Kansas City and I think we need to have a very frank conversation about where we're going and who's going to be on the plane when we take off."
Then on Saturday, June 5th Austin American Statesman Columnist Kirk Bohls citing two highly placed officials reported that Nebraska and Missouri have each been given a deadline of June 11 to decide to remain part of the conference.
IF TEXAS WAS NEGOTIATING WITH THE PAC 10 CONFERENCE, WHY WASN'T TEXAS GIVEN THE SAME PUBLIC ULTIMATUM AS NEBRASKA AND MISSOURI? WHY WASN'T TEXAS GIVEN THE SAME DEADLINE AS NEBRASKA AND MISSOURI? WAS TEXAS BEING GIVEN PREFERENTIAL TREATMENT BY DAN BEEBE?
Much discussion has been made of the exit fees potentially levied against Nebraska and Colorado. The Big 12 Conference bylaws speak only to liquidated damages. There very well may not be any liquidated damages because the television networks have said they plan to pay the Big 12 the same amount of money whether there are 10 teams or 12 teams in the conference. The new interesting defense twist for Nebraska and Colorado is whether Dan Beebe violated his fiduciary duty as commissioner of the conference to represent equally all members of the conference?
HOW DOES THIS AFFECT AGGIELAND? Of course all the exit fee talk plays into how much will Texas A&M receive annually from the Big 12.
Brett McMurphy senior writer for Fanhouse reported, "Big 12 Conference Commissioner Dan Beebe said during a Tuesday teleconference all it took to get his remaining league members to declare their intentions to staying in the league was a public commitment indicating so. And, oh yeah five of the programs that would have been left behind said they would guaranteed that Texas, Texas A&M, and Oklahoma would receive a greater percentage of the exit fee money that Nebraska and Colorado will be required to pay for leaving for the Big Ten and Pac 10 respectively."
On July 29 as reported in the San Antonio Express, "The Big 12 Conference promised Texas A&M $20 million annually starting in 2012-13, and the Aggies intend to collect, A&M president R. Bowen Loftin said Wednesday." " A key part of Texas A&M's decision to remain in the Big 12 earlier this summer was the commissioner's commitment that Texas A&M would receive a minimum of $20 million annually in future conference distributions."
As further reported in the Dallas Morning News on July 29, Dan Beebe said Texas A&M has nothing to worry about regarding the guarantee for at least $20 million in Big 12 revenue distribution. "The commitment to Texas A&M was made and still stands. We did not have the luxury of time during the crisis to sort out the details, but that will be addressed in the future."
WELL, THE TIME IS NOW TO SORT OUT THE DETAILS.
Commissioner Beebe, if you don't get exit payments from Nebraska and Colorado how will you pay Texas A&M $20 million annually?
It is time to contact all of the media outlets in the state as well and the Big 12 Conference office.
Call the Dallas Morning News, Houston Chronicle, San Antonio Express, Waco Tribute Herald, Lubbock Avalanche, Austin American Statesmen and tell them to ask Dan Beebe the tough questions. Tell the commissioner to produce the calculations and supporting documentation proving that he has the money to pay Texas A&M $20 million annually.
Don't rely on Dan Beebe's response "it will be addressed in the future."
Austin American Statesman columnist Kirk Bohls reported on August 1, "Pac 10 aggressive commissioner Larry Scott, at last week's league media days, said expansion talks with Big 12 schools had been in the works for four months (prior to Big 12 Spring Meeting) behind the scenes, which is true. He told me that he and Texas athletic director DeLoss Dodds had initially discussed the idea over golf in the Pasadena area when the Longhorns were there in January to play Alabama for the national championship."
Further investigation has produced a message posted on March 11 on Sh****bevo.com from a Texas Law School Alum noting his conversation with Bill Powers following a dinner in Midland, Texas. "I spoke briefly with UT President Bill Powers last night at a Texas Exes event in Midland. President Powers gave a dinner speech to our local group and touched on a number of different issues that he has been facing as UT president (10% rule, Cactus Cafe, Mack's salary, etc.). One of the issues that he briefly named early in his speech was "the Big XII TV contract" but he didn't go into any detail on that subject. Nevertheless, I was intrigued. I was hoping there would be a question and answer session, but there wasn't.
After dinner, I waited for a window of opportunity and went over and shook his hand and thanked him for the speech. After some small talk about the law school (I was a student there when he was a law prof), I asked the question I was dying to ask: "So, Big 10 or Pac 10?"
He laughed and then the first thing he said was "Well, we are NOT going to the Big 10." I was expecting a very lawyerly, equivocating answer, so I was pretty surprised at his very direct and succinct answer. He then went on to say he had no desire to be flying our softball team all over the upper reaches of the midwest. Then he dropped another bombshell "Whatever we do, we aren't leaving Tech behind". He then talked about how this issue is very much a hot button topic for him right now and it's what he was referring to by referencing the "Big XII TV contract negotiations" in his speech. He then got rather vague and said that he could see some sort of large "Western" alliance of schools forming in the future, but this isn't imminent and he's not sure what will happen. That was it, we only spoke for a total of about 2 or 3 minutes."
WHY IS THIS IMPORTANT TO AGGIELAND? IT POTENTIALLY MINIMIZES EXIT FEES FROM NEBRASKA AND COLORADO BASED ON POTENTIAL DEFENSES OF ANTICIPATORY BREACH, LACK OF LIQUIDATED DAMAGES, AND BREACH OF FIDUCIARY DUTY BY THE COMMISSIONER.
Immediately prior to the Big 12 Spring Meeting, Dan Beebe was quoted on WHB 810 Radio in Kansas City saying "We're going to head into our meetings in Kansas City and I think we need to have a very frank conversation about where we're going and who's going to be on the plane when we take off."
Then on Saturday, June 5th Austin American Statesman Columnist Kirk Bohls citing two highly placed officials reported that Nebraska and Missouri have each been given a deadline of June 11 to decide to remain part of the conference.
IF TEXAS WAS NEGOTIATING WITH THE PAC 10 CONFERENCE, WHY WASN'T TEXAS GIVEN THE SAME PUBLIC ULTIMATUM AS NEBRASKA AND MISSOURI? WHY WASN'T TEXAS GIVEN THE SAME DEADLINE AS NEBRASKA AND MISSOURI? WAS TEXAS BEING GIVEN PREFERENTIAL TREATMENT BY DAN BEEBE?
Much discussion has been made of the exit fees potentially levied against Nebraska and Colorado. The Big 12 Conference bylaws speak only to liquidated damages. There very well may not be any liquidated damages because the television networks have said they plan to pay the Big 12 the same amount of money whether there are 10 teams or 12 teams in the conference. The new interesting defense twist for Nebraska and Colorado is whether Dan Beebe violated his fiduciary duty as commissioner of the conference to represent equally all members of the conference?
HOW DOES THIS AFFECT AGGIELAND? Of course all the exit fee talk plays into how much will Texas A&M receive annually from the Big 12.
Brett McMurphy senior writer for Fanhouse reported, "Big 12 Conference Commissioner Dan Beebe said during a Tuesday teleconference all it took to get his remaining league members to declare their intentions to staying in the league was a public commitment indicating so. And, oh yeah five of the programs that would have been left behind said they would guaranteed that Texas, Texas A&M, and Oklahoma would receive a greater percentage of the exit fee money that Nebraska and Colorado will be required to pay for leaving for the Big Ten and Pac 10 respectively."
On July 29 as reported in the San Antonio Express, "The Big 12 Conference promised Texas A&M $20 million annually starting in 2012-13, and the Aggies intend to collect, A&M president R. Bowen Loftin said Wednesday." " A key part of Texas A&M's decision to remain in the Big 12 earlier this summer was the commissioner's commitment that Texas A&M would receive a minimum of $20 million annually in future conference distributions."
As further reported in the Dallas Morning News on July 29, Dan Beebe said Texas A&M has nothing to worry about regarding the guarantee for at least $20 million in Big 12 revenue distribution. "The commitment to Texas A&M was made and still stands. We did not have the luxury of time during the crisis to sort out the details, but that will be addressed in the future."
WELL, THE TIME IS NOW TO SORT OUT THE DETAILS.
Commissioner Beebe, if you don't get exit payments from Nebraska and Colorado how will you pay Texas A&M $20 million annually?
It is time to contact all of the media outlets in the state as well and the Big 12 Conference office.
Call the Dallas Morning News, Houston Chronicle, San Antonio Express, Waco Tribute Herald, Lubbock Avalanche, Austin American Statesmen and tell them to ask Dan Beebe the tough questions. Tell the commissioner to produce the calculations and supporting documentation proving that he has the money to pay Texas A&M $20 million annually.
Don't rely on Dan Beebe's response "it will be addressed in the future."
