On October 5, 2004 SaveWCAL attorney Michael McNabb sent a letter to Minnesota Attorney General (AG) Mike Hatch urging the AG to intervene to prevent the breach of trust by St. Olaf College, the trustee of the WCAL charitable trust [PDF, 3 pages].
On October 19, 2004, Minnesota Attorney General Mike Hatch responded with a letter [PDF, 2 pages].
Instead of exercising his statutory duty to supervise charitable trusts, Hatch suggests in the letter that the WCAL donors contact the St. Olaf College Board of Regents — as if the Regents would investigate their own actions! Note that Hatch himself — not a junior staff member — signed the letter.
Later Judge Gerald Wolf of the Rice County District Court would later castigate the Minnesota Attorney General's office for its lack of response and duty regarding the WCAL charitable trust in his Order of June 11, 2006 following a court-ordered Special Master Investigation of St. Olaf College and its handling of the WCAL charitable trust.
{ 1 comment… read it below or add one }
Items that pop up from this letter.
para 2 "…jurisdiction to represent private citizens…"
It appears that at this point he did not consider SAVEWCAL a group of people with the same mission.
para 3 "…SAVEWCAL has certainly done that in this matter…"
We have been very vocal as opposed to silent suggested by St. Olaf in their motion to dismiss.
para 4 "…FCC is the agency that has the exclusive authority to approve the sale of WCAL to MPR.
Can we check that? The FCC approves the transfer of radio license, but EXCLUSIVE authority to approve the sale…? That I question.
para 5 "…WCAL does not appear to have a separate corporate existence from St. Olaf College…"
Here he goes on to site their 990 breakdown which is weak at best. Yes, it lists WCAL as an asset, but I could not break out donations to the station, underwriting etc. WCAL had it's own board, pledge drives and MEMBER benefits totally different and separate from St. Olaf.
para 5 "…It is unclear whether donors restricted their donations to St. Olaf for exclusive use in connection with the radio station…"
This statement answers itself in two ways. Pledge drives on WCAL certainly made it apparent that monies donated would be used for the station, to buy this or that. And other donors certainly spelled out in their wills that monies were earmarked for WCAL. I don't see how, a mistake could be made, as to DONOR and MEMBER 's intentions. (Note…to St Olaf…versus WCAL, maybe he got confused here.)
final paragraph "….If SAVEWCAL's members have placed restrictions on their donations such that they could only be used in connection with the radio station…"
First, we are private citizens..NOW, at last we are SAVEWCAL MEMBERS…what a switch in tone. Second of course MEMBERS donating to WCAL (radio station) put restrictions on their donations…Steve, Melissa, Bill and Stephanie…said that they were all being used to further the enjoyment of classical music in MN. Can't get any more restricted then that.