Curator’s role in suit questioned

Wasinger law firm represents affirmative action opponents.
By ALAN SCHER ZAGIER of The Associated Press
Published Thursday, August 9, 2007
columbiatribune.com/News

As a University of Missouri curator, David Wasinger has sworn to uphold affirmative action laws in hiring and admissions at the system’s four campuses.
As a private attorney, Wasinger and a colleague are aiding the effort to persuade voters in 2008 to dismantle racial and gender preferences in public employment, contracting and education.
Opponents of the anti-affirmative action proposal, known as the Missouri Civil Rights Initiative, call Wasinger’s involvement a conflict of interest. "This is an initiative that can do harm to the university and its admissions policy," said Jim Kottmeyer, a Democratic political activist.
Wasinger said those concerns are politically motivated by allies of state Attorney General Jay Nixon, a Democrat who plans to challenge Republican Gov. Matt Blunt next year.
Kottmeyer is a former executive director of the Missouri Democratic Party. Jane Dueker, former chief legal counsel to Democratic Gov. Bob Holden, is one of three attorneys challenging the ballot initiative’s wording in Cole County Circuit Court on behalf of two Missouri residents. Joining Dueker in that effort is Chuck Hatfield, treasurer of Nixon’s campaign committee and his former chief of staff.
Blunt appointed Wasinger to the Board of Curators in 2005 to fill a seat reserved for Democrats.
The curators’ conflict-of-interest policy prohibits members from voting or "attempting to influence the decision of the university" on any issues that would result in "material ... or personal financial gain." Under that standard, Wasinger’s dual duties would seem acceptable, barring a curator vote to support or oppose the ballot proposal. But the perception of undue influence remains, said Gwen Grant of the Urban League of Greater Kansas City.
Wasinger said his role in the case is secondary behind colleague James Cole of the Murphy Wasinger law firm. While the names of both men appear on a July 26 court petition challenging the wording of proposed ballot summary, Wasinger said that his name is included because he directs the firm’s litigation and that Cole is the lead attorney. However, Dueker said Wasinger has taken a more active role. [For the entire story, go to: http://www.columbiatribune.com/2007/Aug/20070809News015.asp ]