Is the executive director of Kansas University’s Center for Applied Economics a KU employee or not?

The definition of Art Hall’s employment status still is in dispute in a legal proceeding seeking the release of Hall’s university emails, and the resolution of the dispute could have a significant impact on future operations at KU.

On one hand, an attorney for the students seeking the emails said the answer to the question is “stupidly simple.” Hall teaches KU students and has an office at KU. He is supervised by a KU administrator and his paychecks are signed by KU. An attorney for KU agreed, saying “I don’t know how you could reasonably conclude … that he does not work for KU.”

And yet, an attorney for Hall has created doubt about Hall’s employment status. The Center for Applied Economics is self-funded, the attorney argued, and Hall is not a public employee because his salary is funneled through the KU Endowment Association, a private entity.

All of this relates to the email issue because, if Hall is employed by KU, his emails likely are subject to release under the Kansas Records Act, but if he is not a public employee, those emails could be protected as private communication.

That uncertainty about Hall’s employment status has caused Douglas County District Court Judge James McCabria to declare that more evidence is needed to resolve disputed facts in the case and set a November trial date in the case.

The reason this case could have a broad impact at KU goes back to the contention that people who are paid by private funds that are funneled through the private KU Endowment Association may not qualify as KU employees. If that is the case, it could affect employees of a number of centers in the university that are funded by grants and private donations, not to mention all the distinguished faculty members who hold endowed professorships funded by private donors. If those people aren’t technically university employees, it would affect not only whether they are subject to the Open Records Act but also could have a significant impact on how they function in the university’s academic community. If privately paid faculty aren’t really KU employees, would they be subject to all the same rules that apply to other university faculty? Are they covered by the new social media rule approved by the Kansas Board of Regents? Should they be part of the state retirement system?

Depending on how it is resolved, this question of when a KU employee might not be a KU employee could have serious ramifications for the university.