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friday, december 5, 1975 volume 99 number 56 lincoln, nebraska
ourscbf ion t ry in
to finance ban
By Betsie Ammons and Ron Ruggjess
The University of Nebraska Foundation is attempting
to raise about $42,000 to send the UNL Marching Band to
the Fiesta Bowl Dec. 26.
The foundation undertook fundraising after the Athletic
Dept. announced it could not finance the trip.
"We haven't much time to raise the required amount of
$42,000," NU Foundation President Harry Haynie said at
a press conference Thursday. "We are not planning any
large organized fund raising events which will cost money.
The foundation must raise most of the money by Mon
day from private and personal contributions, he said so the
band can make trip preparations should they be able to go.
If funds are raised, band members will charter a plane
for about $25,000, about $1 ,000 less than chartering a bus,
Snider said.
Acting UNL Chancellor Adam Breckenridge said he
found Wednesday money was unavailable from the Athletic
Dept. to send the 240-member band to the Tempe, Ariz.,
bowl.
Hoped for magic
"I suppose we thought something in the way of magic
would occur and funds would come in," Breckenridge said,
explaining the reason for the two-week delay in telling the
band of the situation.
He said he could have informed the band Nov. 24 that
athletic funds were short, but he said he had hopes of get
ting private funds.
Breckenridge said the decision not to finance the band's
trip was his own, but he said he contacted several NU
regents and UNL administrators before he decided.
However, he refused to give names of persons he contacted.
Director of Bands Jack Snider said he was told before
Thanksgiving by Miles Tommeraasen, UNL Vice Chancellor
for Business and Finance, that there were $10,000 in ath
letic funds allotted for the band's trip.
As he understands it, Snider added, further Athletic
Dept. figuring shrunk that $10,000 to the $1,500. sum
Breckenridge said may be available from the bowl budget.
School should pay
"I don't think it is our responsibility to raise money for
our trip since it is a university-sponsored event," Snider said
prior to announcement of the NU Foundation Fund Drive.
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At a press conference Thursday, UNL band
members marched and played the Nebraska
"If we do it once, they'll expect us to do it again," he
said.
Most band members contacted said they were optimistic
that the money would be raised.
Don Thursby, assistant drum major, said, "If fans come
through, as I think they will because of the support this
year, I think we'll get the money."
According to Marching Band Director Robert Fought,
there are 30 additional playing members of the band this
year, plus 18 flag corps members. i
"The band would not be the same without these 30
people," Fought said, "but it does cost more."
Similar problems
Snider said athletic departments at Colorado University
and Kansas State University, which had similar bowl
Phots by Kwht Higtey
fight song. The band is trying to raise money
to go to the Fiesta Bowl, Dec. 26.
budgeting difficulties, reviewed their budgets and allocated
additional money to the bands.
"I'm optimistic if they (UNL Athletic Dept.) scrutinize
their budget more carefully, that maybe they'll give more
money to us," he sard.
Presenting-a prepared statement by UNL Athletic Di
rector Bob Devaney, Sports Information director Don
Bryant said, "We feel the band is an integral part of the ath
letic scene and we want to do everything possible to help
the band. We feel badly that , there is not enough bowl
money this year to cover band expenses like we have been
able to do on previous occasions."
Band members said they adopted a motto for the fund
raising campaign: "A bowl without a band is like a day
without sunshine."
McCook to
send band
The McCook Board of Education
has given the 133-member McCook
High School band permission to
attend the Fiesta Bowl, Dec. 26,
instead of the Mardi Gras in New
Orleans next year.
The Arizona trip will cost the
band slightly more than $10,000,
$4,000 less than the estimated cost
of the Mardi Gras trip.
Band Director Stan Spomer said
the decision to attend the bowl was
not related to the announcement
that the UNL Marching Band may
not attend.
Open meetings law at issue
inside
sy oji
Who Killed JFK? UNL symposium
investigating political
assassinations p. 8
Unionization: UNL faculty members
meet with representatives of
the American. Association of
University Professors p.2
Also Findi
Editorials p.4
Arts and Entertainment. .... p. 11
Sports p.16
Crossword p.15
Short Stuff p.2
Weather
Friday: Mostly sunny, continuing un
seasonably warm temperatures. Highs in
the mid-50s. Northwestly winds ranging
from 10 to 20m.pJi.
Friday nght: Partly cloudy and cooler.
Lows in the mid-20s.
Saturday: Parly cloudy and much
cooler. Highs in the mid-30s.
Reporters denied access to meeting
By Ann Owens and Rex Sdine
Daily Nebraskan reporters were denied
access to a student affairs staff meeting
Thursday morning by Ken Bader, vice
chancellor for student affairs in what some
have said might be a violation of Nebraska's
197S open meetings law, LB325.
According to Daily Nebraskan Editor-in-Chief
Rebecca Brite, the paper will not
take legal action in the matter.
Brite said she wanted the meeting cov
ered because she had reason to believe is
sues the Daily Nebraskan had been follow
ing closely would be discussed, including
the Campus Assistance Center and students
role in decision making at UNL.
"It appears to be a border'ine'ease," she
said, adding that she thinks the topics at
the meeting fall under what is defined as a
public meeting in the open meeting law.
. Meeting defined
' A meeting is defined in the law as "all
regular, special, or called meetings of any
public body for the purposes of briefing,
discussion of public business, formation
of tentative policy, or the taking of any
formal action."
Brite said at least one journalism in
structor she contacted Thursday after the
meeting convinced her the case was
borderline. . .
Brite said the Daily Nebraskan will not
take action because "we have been advised
not to request legal action on the matter,
and we will take that advice."
The advice came from several sources,
according to Brite, including members of
the Daily Nebraskan Publications
Committee.
"But the question is whether the stu
dent affairs staff is defined as a public
body under Section 2.1 of the law," she
said.
The law states that "a public body shall
mean (a) governing bodies of all political
subdivisions of the State of Nebraska, (b)
governing bodies of all agencies. . . (c) all
independent boards, commissions, bureaus,
committees, councils, subunits or any
other bodies, now or hereafter created by
Constitution, statute, or otherwise pur
suant to law."
Not public
Bader contends that the staff meeting
does not involve a public body.
"We're not a constitutional body," he
said. 'We don't have governing power.
We're not mandated into existence for any
reason. We're a group of people getting to
gether to discuss common concerns.
Bader said Warren Johnson, legal coun
sel for the university, told him that the
staff meeting is not covered by the law. He
said he sought Johnson's opinion after the
meeting and after being questioned by a
Lincoln Journal reporter.
ASUN President Jim Say, a regular par
ticipant in student affairs staff meetings
said that in some cases student affairs staff
meetings are critical as to whether a policy
is adopted or not.
"Time will tell whether or not this par
ticular meeting was critical," Say said. "It
all depends on whether future policies are
adopted as a result."
Not clear
Gilbert Savery, national vice chairman
of the Society of Professional Journalists,
Sigma Delta Chi Freedom of Information
Committee, said that in some matters, the
open meetings statute is not completely
clear in its definition of what constitutes
a governing body.
Savery, assistant managing editor of the
Lincoln Journal, said he thinks the opening
statement of LB325, which declares it to
be the policy of Nebraska to conduct
public business in public, should be
broadly construed.
"It is my personal belief that a meeting
of this kind can be among those falling
into the area of a public meeting area,
Savery said.
The question of whether or not Daily
Nebraskan reporters should be allowed to
attend student affair's staff meetings first
arose last spring at a luncheon between stu
dent affairs and Daily Nebraskan staff
members, according to Brite and Bader.
'Uncomfortable
Brite said Bader told the Daily Nebras
kan that a reporter's presence at meetings
would make the student affairs staff
uncomfortable.
"But I remember Bader saying some
thing to the effect that if we were to push
it, they would have to let us into the
maetinij." Bnt said. '
Bader denied saying the Daily Nebras
kan could be allowed at the meetings. He
said his staffs mixed reactions to open
ing meetings prompted him to close them.
"I told Becky last spring that I'd get
back to her (about opening the meetings),"
he said. "I had a misfailing and did not get
back to her."
At Thursday's meeting, the staff dis
cussed typical business matters, the prob
lems of student governance and student
input to the university, staff members
attending said.
Governance questions
Questions on the governance issue were
raised by Ely Meyerson, dean of student
development, but no policy was es
tablished at the meeting, according to Jim
Say.
Meyerson and Say said ASUN was inter
ested in examining the questions.
Attending the meeting were: Bader;
Allen Bennett, Nebraska Union director;
Gerald Bowker, director of academic ser
vices; Richard Armstrong, housing direc
tor; James Smith, director of minority af
fairs; Meyerson; Kenneth Hubble, director
of the University Health Center; Kenneth
Swerdlow, assistant housing director and
Say.
