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Texas Tech Thursday Morning Notes - Extort Me Down Edition

The Saga of Mike Leach and Texas Tech - Media Blitz

I don't have time to do a full write-up on Leach and the negotiations with Texas Tech, which apparently there are no further negotiations. That didn't stop Leach from taking interviews with each and every media outlet known to man yesterday (yes, that's an exaggeration).

Leach to Attend Board of Regents Meeting

The absolute latest bit of news is from DMN's Brandon George who writes this morning that Mike Leach intends on attending the Board of Regents meeting on Friday:

Texas Tech coach Mike Leach said Wednesday he plans to attend Friday's Board of Regents meeting that could decide his fate.

Perhaps that's a really good thing. Leach needs to be in that room and needs to hear their frustrations. Both parties have used the press to play their stories in the public with Texas Tech releasing the emails and correspondence between the parties, while yesterday was Mike Leach's day in the media.

Extortion

I'm sure this quote is in 1,000 places, but I'll use FWST's Dwain Price article today where Leach expresses his displeasure regarding the buyout (emphasis mine):

"What are they going to do after they [get] you to [sign] the sub-par deal?" Leach asked. "Then the next year they’ll come at you and say, 'All right, we want to give you an extension again, and we’re going to knock off another quarter of the thing, so take this one or we’ll fire you.’

"And they’ll just kind of extort me down to damn near nothing."

Let's see, extortion:

The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

I don't quite think that negotiating a contract is equivalent to extortion, especially since there's a choice, agree to the terms or not. I'd also contend that Leach should be able to survive on his current salary. Again, yesterday wasy Mike's day in the media, so the spin today will obviously be in favor of Leach. Personally, I don't think it's unreasonable for Texas Tech and Leach to reduce the buyout based on years spent at Texas Tech, which Texas Tech's current proposal has (reduce the buyout amount by $300,000 for each year that Leach coaches at Texas Tech).

Perhaps there's some give-and-take between the parties on this point, which seems to be the biggest point of contention.

National Stage

I don't have time to link each and every interview and article written about Leach, but LAJ's Don Williams talks about a couple of articles, including Tony Barnhart thought that the Leach's opinion of the buyout is a trend that is fading with college athletics:

"Mike Leach seems to be operating under the old set of rules that favor the coach,’’ Barnhart said. "In the new way, the buyouts are going to be more equal. That’s a new reality a lot of coaches are having to face right now.’’

ESPN's Bruce Feldman feels that the Texas Tech/Leach contract issue is the offseason's biggest soap opera and has quite a bit on the entire bizarre scene in Lubbock.

ESPN Big 12 blogger Tim Griffin has the video from College Football Live as well as some commentary on the situation with this bit that I don't think is getting as much play as it should and explains why Leach and IMG are balking at the 4th clause regarding marketing (emphasis mine):

Interestingly, Tech has just signed a multi-million sports marketing deal with Learfield Communications that will be worth at least $20.3 million to the school, providing rental of stadium suites and a new video screen at Jones AT&T Stadium. Tech was the last school in the Big 12 that outsourced its sports marketing business.

One of Learfield's biggest competitive rivals is IMG, a leading collegiate marketing and licensing company that also represents football coaches.

And one of IMG's top clients is Mike Leach -- making it understandable why the thought of a school-managed representation deal for Leach become such a contentious topic in his contract negotiations.

A Shocker

Mike Leach said that he would be shocked if he were let go from his current contract and intends to play out the final two years of his current deal. I call B.S. I don't know of any coach that would be content to play out a contract that is only 2 years. In fact, I wonder if there is a current big-time college football coach that only has 2 years on his current deal. Here's Leach:

"I can’t fathom why," he said. "We already have a deal. Both parties signed it. So I suspect it’s just a rumor. I mean, if you’ve got a guy that’s contracted for two more years, that seems like an odd approach. Of course the other thing, obviously, is when you consider the body of work."

The Board of Regents

LAJ's Marlena Hartz has some quotes from the Texas Tech Board of Regents and surprisingly they understand that this situation has played out poorly in the media and that Leach fills the coffers of the university.

"As a regent, I want to protect the reputation of Texas Tech University. I think in order to do that, we just have to get (this) worked out. This stalemate, especially in the media, is just not good for Texas Tech. There are no winners," said Regent Windy Sitton, who will not be able to participate in the teleconference due to a prior commitment.

Here's, possibly, a little clarification as to who has the power to fire Leach:

Tech President Guy Bailey, who couldn’t be reached at his office on Tuesday, does have the power to fire Leach. So does Athletic Director Gerald Myers, Sitton said. Myers has been at the center of the bitter contract disputes with Leach’s agents. He did not return A-J phone calls on Wednesday.

And the importance of Leach to the university:

"There’s enough blame to go around, but I think we need to get that behind us and look at what is in the overall best interest of Texas Tech. I would hope that both sides realize the need to continue to put Tech on a national scale regarding our football program," Sitton said, adding Leach "pays the bills, he fills the seats."

Serna said, "Coach Leach is a dear and greatly respected member of the Texas Tech family and he’s had a very successful coaching career here and I hope it continues for many years to come."

Red Raiders Never Catch Up

That was another tough game to watch. Too many silly mistakes and mental breakdowns. LAJ's Jeff Walker and DT's Alex Ybarra file their game stories from Texas Tech's 82-92 loss to Oklahoma State (boxscore). I don't have just a ton of thoughts on the game except that this still has a ways to go.

Rueda Ready

DT's Mike Graham takes a look at senior infielder Willie Rueda and head coach Dan Spencer thinks that if Rueda has a good year then Texas Tech should have a good year:

"If Willie has a good year, which I expect he will, then we should be good offensively," Spencer said. "He's going to give guys a chance to hit with a man on base. You're a better hitter with a man on base. There's more space in the infield."

There's a ton of games starting this weekend and it should be perfect baseball watching weather (for the most part). Here's the official release and this weekend's schedule:

Opponent Date Start Time
Southern Utah 2/20/2009 1:00 p.m.
Texas-Pan American 2/20/2009 4:00 p.m.
Southern Utah 2/21/2009 3:00 p.m.

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A few issues…

I don’t quite think that negotiating a contract is equivalent to extortion, especially since there’s a choice, agree to the terms or not. I’d also contend that Leach should be able to survive on his current salary. Again, yesterday wasy Mike’s day in the media, so the spin today will obviously be in favor of Leach. Personally, I don’t think it’s unreasonable for Texas Tech and Leach to reduce the buyout based on years spent at Texas Tech, which Texas Tech’s current proposal has (reduce the buyout amount by $300,000 for each year that Leach coaches at Texas Tech).

Perhaps there’s some give-and-take between the parties on this point, which seems to be the biggest point of contention.

I think Leach erred big time with the use of extortion, but I get his point. Why would you negotiate your way out of a contract that guarantees you 40% of your income into one that guarantees you less money? He is essentially bargaining away his ability to bargain. The non-choice isn’t in this contract — Leach is making the choice by saying he won’t accept it. He is saying the extortion comes in the future after he’s signed it; if you have a 12.7M contract with 1.5M guaranteed… the contract is worth 1.5M dollars. The total compensation is far less meaningful because the school could, theoretically, threaten to fire him the instant he signs it and that threat could be extremely serious. That gives the school all the leverage to say: Sign a new one with lower pay or you’re out.

Is Leach exaggerating? Yea, absolutely, but his basic premise is completely understandable.

Regarding the specific “negitating isn’t extortion…” Who is negotiating? The school isn’t. They presented their FINAL OFFER in round 2. Consider walking into a mediation and your client opens at 100K, their side counters with 17M, you come back with 200K and they counter 16M FINAL OFFER. What happens to that mediation? It’s over. There is no longer a negotiation going on. Morally serious parties will not, have not in the entire history of human kind, bid against themselves. The school’s offer of January 9th is the same offer that expired a few days ago. Is Leach supposed to talk his way up to their contract?

I’ll take 15M.

12.7M.

Ok 14M.

12.7M.

Ok 13M.

12.7M.

Ok 12.8M…

You get the picture. That’s just not rational, and sending out final offers in round 2 is what people do if they aren’t negotiating in good-faith. The school has shown no indication that it wants a deal to happen, and that makes me sick to my stomach. Because the parties are INCHES away — Leach and his agent expressed an agreement on the total compensation, which is THE negotiated point in an employment contract, and yet a deal can’t get done over the school’s insistence of a 1.5M buyout. That’s looney tunes.

Until the school returns to the negotiating table, this is all just a bunch of noise. I wish Leach would just shut up and avoid the media, but I can’t view this entire process and see how he’s at fault. If our school is unwilling to even attempt to respect the process, how can we possibly expect to hire this or any other coach in the future? Ultimatums are BUSCH LEAGUE negotiating tactics.

I hope on Friday they come to their senses and send Leach and his agent a counter-offer. If this process is respected, a process that has worked throughout history, a deal will get done. Until then the BOR is wasting everyone’s time.

Go register. Or else.

by Skin Patrol on Feb 19, 2009 8:39 AM CST reply actions  

sweet post

Everything Skin speaks is true. I used to have to do court ordered mediations for civil law suits and you can tell when the insurance company or the plaintiff is negotiating in good faith by the first two offers. In Texas Civil Procedure, if ordered to mediation (arbitration is a totally different concept), technically you don’t have to do so in good faith, so I would just walk away with my client if they insulted us the way Tech seems to be doing with these additional clauses.

I’m starting to have serious doubts about Myers and am jumping on the “Out with Myers” band wagon. As SP said, when the principal($12.7 mil?) is so close, and if both parties actually are willing to NEGOTIATE in good faith, a weak mediator could have this settled in 30 minutes. I seriously think this Learfield deal is the culprit in re to IMG being a competitor.

by Plano Jeff on Feb 19, 2009 10:42 AM CST up reply actions  

Plano Jeff.....

As the driver of that band wagon, I have made arrangements to drive it South from Allen to Plano to pick you up. Please get a sixer for the road….we can pick up more in Dickens.

by oldschoolraider on Feb 19, 2009 3:14 PM CST up reply actions  

I think Myers thought he could force Leach out & make it look like it was Leach's fault

Myers completely misread this one. Those 4 items are there to force Leach to refuse the contract. I was hearing last summer that people at Tech wanted to force Leach out. Boy did they screw up. Mike Leach today IS the Texas Tech Athletic Dept. Not Gerald Myers.

by mbrown603 on Feb 19, 2009 9:14 AM CST reply actions  

The regents (Windy Sitton, at least) sound remarkably level headed about this and I hope they’ll throw their weight around a bit and get things done.

I would expect them to have been involved already though. Hopefully they were sitting back and letting the kids work it out between themselves and have only now decided to bring some muscle to bear.

by boar_amour on Feb 19, 2009 9:23 AM CST reply actions  

Sad that Windy Sitton won’t be there. Man what I would give to be the student reagent sitting in on that meeting.

by kayakyakr on Feb 19, 2009 10:27 AM CST up reply actions  

That would make for some amazing theater, for sure.

by Tech92 on Feb 19, 2009 10:57 AM CST up reply actions  

One possibility is that the BOR is fed up with the tone of this “negotiation” from both sides. It wouldn’t be unusual for them to direct Tech to negotiate a little more, realizing what’s at stake. I don’t believe that Leach will be fired on Friday, though that is clearly going to be something someone mentions in that meeting. The BOR knows full well what this thing is doing to our reputation and if you lose in the court of public opinion – even if you ‘win’ the negotiation – you lose. Perception is reality and right now, it looks like most of the media, who form most people’s opinion outside those of us invested in this, is falling in line with thinking Tech is being unrealistic or unfair.

Why there are silly sticking points is anyone’s guess. But the BOR is charged with making sure the right thing gets done by Tech and it’s employees. I’m hopeful common sense will come into play tomorrow afternoon.

by Tech92 on Feb 19, 2009 10:57 AM CST reply actions  

The simplest solution for the BOR would be to accept the Leach counter-proposal that Myers rejected out of hand. And they need to realize that Gerald’s retirement date is at hand. The Tech athletic Dept can’t function with that much bile about. Leach is the present and the future. Myers is the past. It’s time to move on and bring in an AD who goes out of his way to get Leach the resources he needs to win football games.

by mbrown603 on Feb 19, 2009 11:01 AM CST up reply actions  

I don’t know that they need to just accept Leach’s offer, but the least they could do is COUNTER the offer. Until they do that, their hands are redder than anyone’s.

Go register. Or else.

by Skin Patrol on Feb 19, 2009 11:15 AM CST up reply actions  

I agree...

Based on reading some recent quotes, I think the BOR has waited until the deadline to get involved (may or may not have been a good decision). I think they understand how bad we look and will drive this to the proper conclusion (e.g., get an extension signed with Leach). After this meeting, the next meeting should address Myers firing. I think the BOR assisted in making the decisions, but Myers exceuted them poorly and may have even let personal feelings get involved. I don’t think Leach is absolved of any bone-headed steps here, but my gut tells me the BOR is disappointed with Myers for this going in the direction it has.

by Techsan71 on Feb 19, 2009 1:42 PM CST up reply actions  

BETTER NOW ,,THAN LATER?????

   I would like to be sitting there and looking at her face ,after Leach walks out on Tech with his $800,000 completion bonus at the end of this year. if there is a team that will take him, he will be GONE. Why prolong the misery? Leach wants to go and is not content at Tech. MEYERS GONE, NEW CONTRACT, DOESN’T MATTER, , he will bolt at his convenience. ,,then we are back to looking for a new coach. Leach has it ,in his head that he is better than Tech, the sooner you realize this, the sooner all this will become history. I love Tech, and hate to see him leave us, but he will , when the right opportunity arises. Hope the BOR holds its ground,

by DR.MARK on Feb 19, 2009 11:01 AM CST reply actions  

Remove Myers.....

And we have every shot in the world of keeping Mike around for many years. I don’t get the notion of “he’s going to leave anyway so lets fire him”. That would be a pre-emptive firing.
At worst, if Leach leaves…..he will do so when we will have time to find a coach who is the right person at the right time.
I am going with my gut on this and thinking that Myers is 90% of Leach’s issue. If Leach up and leaves on his own, I think my fragile ego can handle it.

by oldschoolraider on Feb 19, 2009 3:21 PM CST up reply actions  

Leach will attend

I don’t have time right now to post, I’m already late for a meeting…but Leach said he will be attending the meeting tomorrow, so that’s positive from my perspective.

In a FWST article today he did go on the attack against Tech…makes some salient points, but I don’t like the word “extort.”

If someone has time to link that article, it’s an interesting read…

by Tech92 on Feb 19, 2009 11:03 AM CST reply actions  

I think that was linked in today’s notes.

I understand what Mike is getting at with the word extort, though. As Skin Patrol pointed out in another thread, Tech does not seem to be negotiating “in good faith”. Extort is defined as:

ex⋅tort –verb (used with object)
a. to wrest or wring (money, information, etc.) from a person by violence, intimidation, or abuse of authority; obtain by force, torture, threat, or the like.
b. to take illegally by reason of one’s office.

In this case, Mike could be feeling like he’s being pressured into signing a contract that he doesn’t like under the threat of early termination. That the nature of the business means that a coach should have at least 3-5 years on his contract in any one season is not justification for the thought that an employer should be able to strong-arm an employee into a less than ideal contract situation.

I agree that extortion is a strong word, but it’s not too far off of the truth.

by kayakyakr on Feb 19, 2009 11:17 AM CST up reply actions  

Yeah, I apologize…didn’t read the front page closely. After reading the LAJ story with the regent quotes, I have a much MUCH better feeling about the meeting tomorrow. It sounds like the regents who would speak for attribution realize what’s at stake for our reputation and future.

I think this…if Leach signs, he’ll be here for a while. I think both sides have probably learned a few valuable lessons with how to behave in a professional manner.

by Tech92 on Feb 19, 2009 11:44 AM CST up reply actions  

For What it's Worth

Just heard from my trusty cousin in Lubbock…he is saying he heard that Tech and Leach have re-started negotiations and deal could actually be imminent. TAKE THAT WITH A GRAIN OF SALT.

He does know a few influential people and that’s what he was told, so this is VERY third party. But he hasn’t been wrong with stuff like this before…hopeful…

by Tech92 on Feb 19, 2009 11:50 AM CST reply actions  

RRS just confirmed the same thing.....

I’ve got a visual of 10 people hanging around a table at the Spoon sipping on Everclear Margarita’s…..meanwhile Leach is fiddling with his Iphone while Gerald is trying to talk to him.
This is going to get done….the feedback from the Red Raider masses is too great. Leach’s results are too impressive and he does things the right way (graduation rate and ethics).
More clarification is out that he really didn’t even interview at UM a few years ago….just some talk. So, for all of our whining about it…his only interview was this year at UW. This was after he wanted an extension and Gerald said no and he did understand if he had to look for more $. The BOR member quoted sounds like the level-headed and pragmatic West Texan that I hope populate our BOR.

by oldschoolraider on Feb 19, 2009 3:30 PM CST up reply actions  

Hot Damn.....

Lets talk football boys…..can we stop talking about legal crap and talk about that damn September UT game. I haven’t made the road trip to Austin for a Tech game since 1983 when Jerry Moore’s team looked like world beaters on D and looked like amateur hour on O. I may want to go to this one, I don’t like the fact that Potts (should be) won’t have very many games underneath his belt….but you never know.
FYI, I very much want the BOR to meet tomorrow and address Myers. He doesn’t need to be in charge of football for obious reasons, but I definitely don’t want him to be in charge of Pat’s fate next year (too close to Pops).
Red Raider Regards,

by oldschoolraider on Feb 19, 2009 4:03 PM CST up reply actions  

is there any way

someone could get a webcam into that regents meeting? i feel like it would go something like an episode of “The Apprentice.” If we can confirm that Gerald will be there too, I would definitely pay to watch. I have to believe the board will act rationally and get something worked out, which will send Gerald into a frenzy (as his intentions have been clear from the beginning), and concluding with an amicable deal between Leach and the University, with Gerald getting a helping of humble pie and thanking everyone for the opportunity as he walks out the door with a suitcase…

by jeraco on Feb 19, 2009 12:35 PM CST reply actions  

That would be great...

have an appentice like setting where “the donald” comes in breifly and tells Myers “you’re fired”. Love it.

by Raider1992 on Feb 19, 2009 1:01 PM CST up reply actions  

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