Eagleionline

Update (March 4, 2008, 11:32 a.m.): Mr. Leahy’s email now appears, in its entirety, below the following article.

By Jesse Stellato
March 4, 2008

NEWTON, MA — The Garvey Administration was dealt a fresh blow yesterday as Edward R. Leahy ‘71, a prominent alumnus, criticized the Boston College Law School administration for its handling of the ongoing alumni association vote.

Leahy served as Editor in Chief of the Boston College Law Review while in law school. Afterwards, he clerked for Justice William J. Brennan, Jr. of the United States Supreme Court. He is currently on the Board of Advisors of Boston College Law School.

In an email to fellow alumni and administrators, Leahy observed that many alumni now believe that the voting and related processes “are being conducted in a fashion that is contrary to the Alumni Association’s by-laws and leave themselves open to credible charges of manipulation.”

Leahy also implied that such actions would effect Dean Garvey’s ability to fundraise. “Many [alumni] have already altered our donative intent either publicly, as the Dean knows, or quietly,” Leahy wrote. 

Leahy is a large donor to Boston College Law School. The North Wing of the library is named after his son, Edward R. Leahy, Jr.

Still, despite the “clear” violation of the Alumni Association’s By-Laws, Leahy stated that the process could be salvaged.

“I actually believe that you can reclaim the allegiance of loyal members of the BCLS community who have been properly dismayed by the events of the past year.  But, clearly, time is of the essence,” he wrote.

Among the points of contention among some alumni are the mechanics of the balloting process and the telephoning of alumni by proxy solicitation firm D.F. King.

Eagleionline has obtained a transcript of one of the calls made by D.F. King. The transcript below was made by Lawrence Ma ’01, a recently-resigned Alumni Council member and a vocal critic of the proposed changes to the Alumni Council. It was annotated by Eagleionline.

A man named Calvin said, “I’m calling from Boston College School of Law Alumni Association, this is regarding your association sir. Your school is asking for your vote on the proposal to restructuring. [The] Board of Overseers, Alumni Council, and the administration all recommend that the alumni vote for the change. The ballot must be returned March 10, 2008 “

LM: “Really? Is that what they’re all saying?”

Calvin: “Yes, sir.”

LM: “Who told you that?’

Calvin: “They did.”

LM: “Who’s they?”

Calvin: “I’m just… I’m just…”

LM: “You’re just reading from a piece of paper, aren’t you?”

Calvin: “Yes, sir.”

LM: “Well, what else are you reading tonight”

Calvin: “You will receive a magazine and ballot in the BC Law Magazine.Have you received it?”

LM: “NO, I have not.”

Calvin: “Oh, if you’re ready to vote, I can take your vote over the phone right now.”

LM: “NO you will not. The ballot is illegal and it’s not authorized. Who authorized you to do this?”

Calvin: “Sir, I can give you an 800 number…”

LM: “I don’t want that number. Woo [sic] authorized it?

Calvin: “Sir, you can direct your questions to [BC Law’s Director of Marketing and Communications] Nate Kenyon… I can give you his number.”

LM: “I’ve got his number. Well, can you explain to me the difference between the two structures?”

Calvin: “Yes sir.” He started to read verbatim from [Interim Director of Alumni Relations] Jean French’s chart [click here for chart].

LM: “Stop. Are you really here to take my vote?”

Calvin: “If you’re so inclined, sir.”

LM: “I am not. Good night.”

In mid-February, law students asked Associate Dean for Institutional Advancement Marianne Lord about the process whereby alumni were allegedly being contacted by phone and urged to vote.

Lord indicated then that alumni were not being encouraged to vote for the proposed changes, but were only “being encouraged to vote.”

When a student asked whether some alumni had received telephone calls before having received the BC Law magazine (which contains the paper ballot), Lord responded: “Nothing happened until we mailed.”

However, Nate Kenyon, BC Law’s Director of Marketing and Communications noted that the calls were “starting locally and moving out by date” so as to avoid instances where alumni would be contacted by phone before they received their ballot.

For prior Eagleionline coverage of the balloting process, click here and here.

Update on Tuesday, March 4, 2008 at 11:24AM by Eagleionline Staff

By Jesse Stellato
March 4, 2008

The following represents the full text of Edward R. Leahy’s email referenced in the article immediately above.

From: [Edward R. Leahy]
Date: Mon, Mar 3, 2008 at 9:21 AM
Subject: Re: Alumni Council Restructuring
To: [Redated]

Dear BCLS Alumni, Colleagues and Friends,

 

I agree with Mr. Roth.

 

I will not waste everybody’s time by reciting all of the reasons why it is imperative in the long-term interests of our institution that this voting process be halted and that people of good will together create a small, balanced committee to return us to status quo ante.  Suffice it to say that many dedicated graduates, who historically have supported BCLS in countless ways and, who, for years, have comprised a good part of the collective backbone of this institution, believe, accurately in my view, that the voting and related processes are being conducted in a fashion that is contrary to the Alumni Association’s by-laws and leave themselves open to credible charges of manipulation.

 

My friends, this is a law school; it is frankly scandalous that the Administration and the Alumni Association would disregard our governing principles merely because they find them inconvenient.

 

The Administration either doesn’t understand or doesn’t care how remarkably divisive its conduct of this entire process has been.  Over the long term, its actions will fairly be characterized as reckless and horribly contrary to the best interests of our institution.  Many of us have already altered our donative intent either publicly, as the Dean knows, or quietly.  This is a shame and quite disheartening  particularly to someone like me who has been bound at the hip to BCLS since the day Father Drinan signed me up forty years ago (Presidential Scholar, Editor in Chief of the Law Review, clerk to Justice Brennan, Alumnus of the Year Award, Boston College Volunteer of the Year Award, Most Outstanding Faculty Member Award, recipient of the Founder’s Medal, substantial donor, and friend and supporter in many, many ways).  The point is that those who have opposed this process are not the disgruntled crackpots we have been characterized as.   

 

I have shared this view with several of you privately in the hope that some corrective action might be taken.  Nevertheless, all that has been forthcoming has been a further clear violation of our by-laws, and, at least as importantly, of our confidence and trust in the judgment of those guiding this process.  I remember learning about the “last clear chance” doctrine in Torts in the Fall of ‘68.  I trust the principle today as I did then.  I actually believe that you can reclaim the allegiance of loyal members of the BCLS community who have been properly dismayed by the events of the past year.  But, clearly, time is of the essence.

 

Ed Leahy