From: Maleszewski, JosephTo: "richard.givens@famu.edu"Cc: Clark, Lori; kimberly.moore@famu.edu; mooreki@tcc.fl.eduSubject: Topics of InterestDate: Wednesday, September 09, 2015 10:48:36 AMAttachments: Aug17 - Communication Concerns.pdf

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Rick It was nice to bump into you last Wednesday you looked rested after your vacation! As we discussed, I spoke with Trustee Moore Monday of last week. I am also including her in this e-mail for her information. She had inquired about the Board and Board Offices interest in matters related to FAMU. I relayed that the Chancellor, our Chair and our Audit and Compliance Committee Chair do have an interested in staying abreast of university and BOT actions related to a number of matters. This interest is driven, in part, by continued media requests and inquiries. As Im sure you know, one important inquiry came from our legislators (attached). In a letter dated June 16, 2015, to Chairman Mori Hosseini, State University System of Florida Board of Governors, Senators Arthenia Joyner (D-Tampa) and Dwight Bullard (D-Cutler Bay) joined representatives Mia Jones (D-Jacksonville), Shevrin Jones (D-West Park), and Bobby Powell (D-Riviera Beach) in stating:

As members of the Florida Legislature and alumni of Florida A&M University, the recent events and public statements made by several members of FAMUs Board of Trustees especially its chairman have deeply troubled us. This letter is to request that the Board of Governors, under the responsibilities set forth in the state Constitution and statutes, promptly begins an inquiry into the propriety of such behavior, and whether members of the FAMU BOT are improperly reaching beyond legally proscribed authority

This inquiry to our board chair has prompted the Chair and the Chancellor to engage both FAMU administrators and BOT members. In support of their efforts, we have monitored information publicly available on the FAMU website and in news media. This effort is ongoing. Trustee Moore and I discussed the following topics. I have added information and questions related to each topic:

Allegations cited in the letter from President Mangum to Chair Montgomery - I have followed up on this with Director Gavin. My August 18th e-mail and her response are included below. I also spoke with the Director by phone last week. In that conversation, she indicated that she had reached out to President Mangum the prior Friday (August 28th) requesting that President Mangum provide notice to her office, either way, regarding her intention to file a formal complaint. Director Gavin indicated that she had provided the necessary forms and would keep me posted of any complaint filed regarding this matter. I have attached a copy of President Mangums August 17th letter which prompted these inquires.

Renovations to the Presidents House - A separate garage was added to the

Presidents residence after President Mangum assumed her position. The cost of this addition exceeded the amount which would have required BOT coordination and bidding. The allegation is that she did neither. Can you provide information about the process for this addition and whether it was in keeping with FAMU policies, procedures and the Presidents contractual terms?

Leave Payout (Winslow) - Was the payout for the former Athletics Director, Kellen

Winslow, in excess of what is permitted by law? If so, who discovered it and was it repaid? Is there a corrective action plan to ensure this kind of overage does not happen again?

Hiring Practices/Policy (i.e. convicted felon) - News reports indicated that FAMU administration hired Santoras D. Gamble in FAMUs office of Communications, who was convicted of a federal felony. According to news media, Gamble was convicted of Conspiracy to Defraud the United States, a felony. Has there been any review of this matter to confirm that FAMU followed the background and hiring process in hiring Gamble? If so, what was the result?

In addition to these topics, there are a few items being monitored as part of our FAMU Corrective Action Plan efforts which have been in place since January 2013.

Stable and Permanent Leadership TeamWe expect to request information which would allow us to update the status report we made to the AACC on June 18th (http://www.flbog.edu/pressroom/meeting_items.php?id=194&agenda=910&type=Past). We will request this information at a future date.

Intercollegiate Athletics Cash DeficitWe expect to request information related to university plans to address the Intercollegiate Athletics cash deficit in the near future. Am I correct that the new Intercollegiate Athletics Cash Deficit plan will be presented to the November BOT meeting?

Facilities Investigations

We received your investigative report Developmental Research School Sport Field Construction, Case #FAMU -14-06-0001, dated July 17, 2015. We will want to report out to the BOG Audit and Compliance Committee on this matter and the Pharmacy Building investigation which is currently in progress. Based on our discussion, the second investigation outsourced to Carr, Riggs, and Ingram, is likely to be concluded and reported on at the November FAMU BOT meeting. In the meantime, we would like to understand how the July 17th Developmental Research School Sport Field Construction report was received and acted upon by FAMU management. In the report, you make a number of recommendations for actions, but we do not know whether a corrective action plan has been developed and what steps may have been taken to address the findings and recommendations contained in your report. We have a few related questions which

will help us be prepared for a future AACC update:

1. The Department of Facilities Planning and Construction and DRS staff seemed (based on your report) to be of different opinions. Has there been a joint needs assessment of the actions necessary to bring the DRS sports fields into usable status? Would the engineer be able to provide relevant information to these discussions?

2. Has there been an assessment of the additional costs, by facility, which would be necessary to bring the fields up to usable status?

3. Did the engineer sign off on the completion of these fields for payment? Has there been coordination with the engineer regarding responsibility for the final product? Were the plans accurate and the construction not to plans? If the plans were not accurate, what is the responsibility of the engineer?

4. What was the role of the project manager on this project?

5. Seems like scope creep added to the cost overruns on this project has there been an assessment of the controls designed to address project additions (scope creep)?

6. Was the material (sand) under the sod in accordance with the construction specifications?

7. As the report relates to Allegation 5, the report states, However, the contractor was not responsible for knowing the proper design and specifications of the fields. In the process at FAMU, who would be responsible for ensuring the project was built as designed?

8. You substantiated Allegation 8, which, in part, states, The softball field was also designed wrong. Do you anticipate any university action against the designer to recoup amounts paid given the inaccurate design work?

9. What actions have been taken in response to your recommendation that, Facilities Planning staff indicated they completed the work and DRS should use money from their Maintenance Budget to keep the fields usable. Facilities Planning and DRS should resolve these issues to make the fields playable as soon as possible.?

10. Related to Allegation 10, you recommend that Facilities Planning hire an expert, independent from anyone associated with the project, to make a determination if the two fields are up to standard. Alternatively, Facilities Planning and the DRS Athletics Director should come to an agreement on what problems remain at the two fields and obtain the funding to correct the problems. What has managements response to this recommendation been?

11. Related to Allegation 12, you made the following two recommendations: We recommend that Facilities Planning, the Engineer, and the contractor meet and document financial responsibility. We also recommend the pipe be

replaced immediately. According to the DRS Athletics Director, the inferior pipe contributes to the ongoing irrigation problems on the football practice field. What has managements response to this recommendation been?

Another area of follow-up relates to the FAMU University Work Plan implementation.

FAMU University Work Plan Implementation

As you are probably aware, at the September 3rd BOG meeting, Chair Hosseini tasked Governor Levine to work with FAMU on implementation of their approved University Work Plan. As I currently understand it, the board staff working on that effort will likely be Board Office Academic and Student Affairs staff under Vice Chancellor Ignash. These staff members are those who had actively worked with President Mangum and her staff on the development of the revised FAMU University Work Plan which was presented to the BOG on September 2nd and 3rd. If we are asked to assist in this effort, we will be sure to let you and Trustee Moore know.

As always, I appreciate your assistance in facilitating information responsive to these inquires. Please let me know if you have any questions or concerns. Joe Joe MaleszewskiInspector GeneralState University System of Florida Board of Governors 325 West Gaines Street, Suite 1614 Tallahassee, Florida 32399-0400 (850) 245-9247 | Fax: (850) 245-9192 joseph.maleszewski@flbog.edu | www.flbog.edu

From: Gavin, Carrie M. [mailto:carrie.gavin@famu.edu] Sent: Tuesday, August 18, 2015 8:32 AMTo: Maleszewski, JosephCc: Givens, RichardSubject: RE: Letter from President Mangum to Chair MontgomeryMr.Maleszewski,IhavemadecontactwithPresidentMangumandisawaitingherresponse.Ihopethisishelpful.CarrieGavin,DirectorEqualOpportunityPrograms/LaborRelationsTitleIXCoordinator

FloridaA&MUniversity674GambleSt.Tallahassee,FL32307(850)599-3076office(850)561-2997faxcarrie.gavin@famu.eduFrom:Maleszewski,Joseph[mailto:Joseph.Maleszewski@flbog.edu]Sent:Tuesday,August18,20157:46AMTo:Gavin,CarrieM.Cc:Givens,RichardSubject:LetterfromPresidentMangumtoChairMontgomeryDirector Gavin At yesterdays FAMU BOT meeting, Chair Montgomery made reference to a letter received at 1:50 p.m. from President Mangum. I have subsequently requested a copy of this letter from Attorney Barge-Miles. As the letter purportedly references FAMUs Non-Discrimination Policy and Discrimination and Harassment Complaint Procedures (10.103), I am inquiring whether your office will be reviewing the matter. Joe MaleszewskiInspector GeneralState University System of Florida Board of Governors 325 West Gaines Street, Suite 1614 Tallahassee, Florida 32399-0400 (850) 245-9247 | Fax: (850) 245-9192 joseph.maleszewski@flbog.edu | www.flbog.edu