On December 5, 2007, St. Olaf College refused SaveWCAL unrestricted access to the college archives in an attempt to obstruct information from reaching the Special Master investigating the WCAL charitable trust assets. This is the college's second attempt to obstruct unrestricted public access to these records and the first where they actually deny unrestricted access — in complete disregard of and opposition to the college's stated policy that the archives are open to the public.
Prior to this time, various SaveWCAL supporters had visited the St. Olaf College archives on a number of occasions since 2004 to do research regarding WCAL and the WCAL charitable trust. Until the spring of 2007, there had never been any issues raised by St. Olaf College about this access. Suddenly, in the midst of the Rice County District Court hearing on the St. Olaf College Petition (including St. Olaf's Amended Petition) and as factual information regarding St. Olaf College's handling of the WCAL charitable trust began to be a part of the public record, St. Olaf College moved to limit access to the college archives and to information about the WCAL charitable trust.
St. Olaf's first attempt to obstruct access occurred on April 5, 2007, when SaveWCAL supporter (now board member) Phil Voxland '66 received a telephone call from St. Olaf attorney Michael Cunningham in what appeared to be a "chilling" effort to preclude SaveWCAL supporters from doing independent research for relevant documents in the St. Olaf College library and archives. Voxland responded to Cunningham on April 9, 2007, with a letter copied St. Olaf President David Anderson '74.
The second attempt occurred on December 5, 2007. That morning, SaveWCAL President Ruth Sylte '82 sent an email to the St. Olaf College archivists. Sylte has given SaveWCAL permission to share her emails and other information.
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From: Ruth Sylte
To: St. Olaf College Archives
Date: Wednesday, December 5, 2007 9:34:04 AM
Subject: Archival searchI would like to do some research the WCAL files for the months of April/May 1979. When is the earliest that I could do this? Thanks!
Ruth Sylte '82
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At 2:14 p.m. on December 5, 2007, SaveWCAL attorney Michael McNabb received a voicemail from St. Olaf attorney Michael Cunningham in which he acknowledged that he had instructed the college to inform Sylte that her request had been referred to him. In fact, he asked that all requests for information be submitted to him. Cunningham's voicemail message concluded with the following declaration (verbatim):
"I think [St. Olaf College's] position will be that we are working now with the special master, and we are responding to his requests and inquiries, and at least it would be my sense at the moment that this is what the college is going to do and that the college would be disinclined to be trying to deal with requests from others, including Ms. Sylte."
At 3:40 p.m. that same day, the St. Olaf College archivists sent Sylte the following reply:
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From: St. Olaf College Archives
To: Ruth Sylte
Date: Wednesday, December 5, 2007 3:40:22 PM
Subject: Re: Archival search[We] think it would be best if you made this request through [SaveWCAL attorney] Mr. McNabb, who can contact [St. Olaf College attorney] Michael Cunningham at St. Olaf.
Best, [St. Olaf College Archivists]
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SaveWCAL believes — and this belief is confirmed by the St. Olaf College attorney's voicemail message — that the St. Olaf College archivists have been instructed by St. Olaf College administrators and/or legal representatives to refer all WCAL-related requests to St. Olaf's attorneys.
This is in direct conflict with St. Olaf College's policies. The St. Olaf College Archives web site clearly states at that
"Materials are available for research by members of the St. Olaf community, visiting scholars and other Library patrons. Photocopying facilities and microfilm readers are available." [http://www.stolaf.edu/collections/archives/about.html]
St. Olaf College also provides public access to abstract information on a number of archive documents (as well as some actual document texts) online through FRAM. FRAM is a database/search engine that
"searches for and identifies most items in the collection: letters, diaries, office records, artifacts, recordings, publications, scrapbooks, and photos. It also provides full-text articles from the Alumni Magazine for 1936 to 1963 and abstracts for every issue of the Manitou Messenger, the student newspaper."
It is SaveWCAL's understanding that the "St. Olaf community" includes students, faculty, staff, alumni, parents and friends of the college. It is also SaveWCAL's understanding that St. Olaf "Library patrons" includes any member of the general public who uses the St. Olaf library(ies).
As a result of the exchange of emails with the St. Olaf College archivists, Sylte wrote an email detailing this event to SaveWCAL attorney Michael McNabb and specifically requested that a copy of her email be submitted to the Special Master, which was done. Sylte commented in her email:
"This is the first time in almost 30 years that I have been told that my access to information at St. Olaf College must be requested from (or approved by?) a St. Olaf attorney! I am deeply distressed that my alma mater is now apparently trying to restrict access to materials that had been publicly available prior to my recent request. This incident raises grave concerns about a number of issues, including academic inquiry and freedom.
Needless to say, I am astounded that attorneys are involved in approving requests for access to archive materials regarding St. Olaf College and a National Public Radio station. The materials sought are meant to provide information and documentation that may assist the SaveWCAL attorney, Rice County District Court-appointed Special Master and the Rice County District Court to understand the issues and facts in the current St. Olaf College Petition hearing. Suppressing access to germane records does not help and, in fact, hinders the timely progress of obtaining information."
A court decision needs to be based on documented information. St. Olaf naturally has unrestricted access to historical records in its own archives — archives that, according to St. Olaf's publicly stated policy, are open to the public. SaveWCAL has been handicapped in pursuing documents about WCAL by St. Olaf's actions.
SaveWCAL believes that justice is not served when information is obstructed and/or withheld that would prevent the Special Master and the court from reaching a fully informed decision.
