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Prosecutor scraps case against Bunting / Key is
VMI lack of rules for discretionary fund
Saturday, September 18, 1999
BY REX BOWMAN
Times-Dispatch Staff Writer
LEXINGTON -- VMI Superintendent Josiah S. Bunting III will not
face prosecution for lavishly spending his donor-financed yearly
allowance, because the school has no rules on how Bunting can
spend such money, Lexington's prosecutor determined yesterday.
The decision not to prosecute removes a cloud that had hung over
Bunting since June,
when the state auditor began questioning the way he spent
thousands of dollars on everything from books and flowers to
alcoholic beverages.
Despite yesterday's good news for Bunting, Lexington
Commonwealth's Attorney Gordon Saunders said he will continue
looking into whether the superintendent misused VMI resources
when he had school staff members help him write a book.
Each year, VMI gives Bunting a discretionary fund of $100,000
from private donors. Bunting has ignored the spending cap,
overspending the account by $120,000 since coming to the school
four years ago. VMI's board of visitors has remained largely
unconcerned about the overspending. Yesterday, Bruce Gottwald,
president of the board, hailed Saunders' decision as a
vindication of Bunting, saying it was "what the board of
visitors and General Bunting believed all along."
The board has stood behind Bunting since the auditor's
investigation became public knowledge, saying that the
expenditures under scrutiny were meant to enhance the school's
reputation.
"In fact, as I have previously said and the board concluded
in its August 28th resolution, 'all of these funds have been
spent in the best interest of VMI and its mission,' "
Gottwald said in a written statement.
Of particular interest to the state auditor and Saunders was
$46,776 Bunting spent on purchases not clearly identifiable as
business expenses. Of that sum, $10,634 was paid for alcoholic
beverages, $18,604 for flowers, $5,370 for gifts, and $12,168 for
books, many of which were handed out as gifts.
Bunting was out of town yesterday and could not be reached for
comment. His attorney, former acting attorney general Richard
Cullen, said Bunting was "very pleased."
"This has obviously been a difficult time for General
Bunting, but he's very stoic and a tough man," said Cullen,
a lawyer with McGuire, Woods, Battle & Boothe.
Although he concluded Bunting's discretionary account constituted
"public funds" and was therefore subject to general
state spending guidelines, Saunders found that VMI had not
established any specific procedures that Bunting could be said to
have violated.
"Due to the fact that there was not a written policy and
guidelines expressly adopted by the board of visitors and in full
force and effect at the time of these questioned expenditures,
there is no 'standard' to use in proving a knowing misuse or
misappropriation of funds by General Bunting," Saunders
wrote.
Citing the state auditor's report, Saunders also noted that VMI's
administrative staff never questioned Bunting's purchases, though
staff members occasionally stopped him from making purchases that
would have violated state spending guidelines.
"All payments and reimbursements were submitted for approval
through normal administrative procedures at VMI," Saunders
said. "There was no effort to conceal payments or
reimbursements."
Saunders said VMI's governing board will have to decide how much
of the $46,776, if any, Bunting will have to reimburse. Any
reimbursement seems unlikely, though, since the board already has
declared the funds were properly spent on enhancing the school's
image.
Gottwald said the VMI board will work with the state auditor of
public accounts to write spending guidelines.
Saunders' decision to drop the investigation of Bunting's
spending didn't leave Bunting off the hook. Saunders said he will
continue to investigate the extent to which Bunting used VMI
staff and resources to write his book, "An Education for Our
Time," for which Bunting received a $50,000 advance.
In an unusual move, though, the state attorney general's office
wasted no time in issuing an informal opinion aimed at heading
off Saunders' investigation. In a letter to Gottwald, Deputy
Attorney General Ashley Taylor Jr. said university employees
aren't subject to the laws regarding "works produced on the
job" that state employees must abide by, and universities
generally expect their scholars to publish. Bunting, a professor
of humanities, teaches classes at VMI.
University of Virginia professor Larry Sabato, who has published
21 books and is working on two more, said any prosecution of
Bunting "would be misguided." University professors
depend on school equipment, staff and paid graduate students to
help them research and write their books, he said.
"This is a point on which faculty throughout the state would
be almost unanimous," Sabato said. "It's one of the few
perks available to faculty. And it's not a personal perk, it's a
manifestation of a college's desire to be nationally recognized.
The books, if they're good, bring attention and high rankings to
the university.
"If [Saunders'] view prevails, the best faculty in Virginia
will leave the state so fast it will sound like a giant
tornado."
How the revelations about Bunting's expenditures will affect
donations to the school remains unknown. But VMI alumni have been
grumbling.
"As long as Bunting is superintendent of VMI, I will
contribute to no unrestricted funds," said Tom Wright, VMI
class of '54 and a contributor. "It's obvious to me that,
though he's broken no law . . . he misappropriated these funds as
we've always understood they were supposed to be spent."
A Correction: In last week's update I mentioned
several recent deaths. One was Larry Stone '92. I incorrectly
stated that he was the captain of the basketball team. He was
captain of the baseball team.
VMI Football: Keydets lost to East Tennessee
State today 26 - 17. That drops VMI to 1 - 2 for the season. I
listened to part of the game on the internet and it sounded like
VMI was looking pretty good. Next up is an away game at Furman
next Saturday which begins at 7:00 PM.
Notes from Last Week's Alumni Association Board
Meeting
From the President of the Honor Court - Internet and the
Honor Code: As one might imagine, the wiring of barracks
for internet access has raised a couple honor questions. The
following are now considered violations of the Honor Code:
1) Accessing porno websites by anyone under 18. Seems that by
entering these websites you are stipulating that you are 18.
However, it seems that it is a boneable offense for anyone if
they are caught in one of those websites. Even if they were just
visiting the site to read the articles.
2) Accessing the internet using someone else's password without
permission.
3) Purchasing term papers, etc. through the internet. Seems that
for about $50 you can purchase a paper on just about any subject.
From Regimental Commander Kelly Underwood - Class System, etc.
Rats are doing fine as is the class system. Indicated that the GC
sheet has been pared. First class has been asked to enforce key
privileges. Seems to be working.
From Gen Bunting
Margaret Jones Tate Honored: During last Saturday's meeting
Margaret was recognized for her 20+ years of service to the VMI
Alumni Association. It was a great tribute to a great lady.
From Jeff Morgan - VMI Keydet Club:
From Paul Maini - VMI Alumni Association:
Next week I'll provide notes from the various committee
reports.
The Bomb Has A Longer Fuse: I learned that the
VMI yearbook (aka The Bomb) was distributed on September 13.
September 13? Yep, seems that The Bomb is not being distributed
right before graduation as in the past. They're gone to a year
round publishing cycle. The extra time allows for the inclusion
of New Market and graduation ceremonies. This also affords extra
time to make any revisions, etc. Copies of The Bomb will be
mailed to those who graduated last year. I understand that this
approach is very similar to what the academies do.
Web Master: Perhaps you've noticed that the VMI
and VMI Alumni web sites have a new look to them. David Somer is
VMI's new web master. Also, and speaking of web site kinda stuff,
I received the following e-mail from one of our participants.
You might be interested to know that Mr Pat Acosta, computer guru
of the alumni association, has offered his services for each
class agent to open a class web page off of the new VMIAA page.
Expect more announcements as the class pages get established.
We were also offered internet services by other class agents who
are well versed in the technology. The best news for me was that
class notes and nearly real time messages may be available on the
class sites when they are established. I will pass more info when
it is available.
Oh Those Crazy Thirds: The following was found
in the Electronic Turnouts...
The Thirds were placed on confinement by the First Class for
going Postal during the first Pep Rally and throwing a number of
lovely items on Rats as they (the Rats) ran pell-mell around the
stoops in strange and wonderful "uniforms," as Rats
have done at Pep Rallies for years. It got nasty, it got
dangerous, and it got a tad "bloody" when Thirds
started throwing glass of some sort around. At least one Rat
received a superficial laceration as a result of flying glass.
"Third Clasmen are possesses of only one well-developed
character trait -- that of waywardness" - MG Francis H.
Smith
They proved Ol' Specs right again, and got put on confinement by
the First Class for their trouble ... also lost their privilege
to interact with Rats until the First Class decides to return
said privilege to them.
The Rats are aware that such action may well not redound to their
overall long-term benefit whenever the Third Stoop Sallyport
Shark Tank is re-invigorated !!
No PT's directly associated with the GC confinement ... of course
failure to sign sheet can put one on the road as a result ...
That's it for this week!
Yours in the Spirit,
RB Lane '75
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