Professor Bainbridge immediately notices a BIG potential problem with Thornburgh’s appointment.
Update: Looks like the Milton Hershey School Alumni Association wasn’t too impressed with Dick Thornburgh and the services of his law firm Kirkpatrick & Lockhart. The emphasis added is mine.
From – “Bias, Flaw, & Avoidance” [PDF]
Prior to entering into the Relationship Agreement, MHSAA presented the Board with a draft of a petition which MHSAA was contemplating submitting to the Orphans’ Court. MHSAA’s draft petition treated in general terms many of the issues with which MHSAA is concerned, and the Board expressed its desire to avoid legal proceedings related to these concerns. It was in this context that the Board retained Dick Thornburgh and Kirkpatrick & Lockhart LLP (“K&L”) to provide an examination of the concerns raised by MHSAA. Although many of our members viewed this arrangement with K&L skeptically, we nonetheless agreed to cooperate fully with the investigation, devoting thousands of hours of our time, and providing massive amounts of documentary and other evidence in the process. Virtually alone among all involved in the investigation, MHSAA did all of this at its own expense. We did this because we believed that a fair review of the matter would demonstrate the clear intent of Milton Hershey in his Deed. We thus enthusiastically — and in hindsight, naively — lent our full support to the endeavor, instructing all of our members to cooperate as well. Relying on the assurances of the Managers that the investigation would be fair, we thus presented K&L with all manner of evidence and childcare expertise to demonstrate the validity of our concerns about the changes to, and unauthorized reconstruction of, the Deed. During this time frame, MHSAA sought to keep the results of its research private, and shied away from airing our differences with the Managers in the press. In the meantime, the Board continued to methodically pursue the very changes that MHSAA was seeking to have reviewed during the course of the K&L investigation, as though to make those changes irreversible.
Unfortunately, and as will be demonstrated below, the final report of K&L is a complete whitewash. It ignores facts and law which do not comport with its desired result, and goes so far as to gratuitously insult and demean members of MHSAA for having had the temerity to want to have Milton Hershey’s wishes for disadvantaged children fulfilled in the manner stated in the Deed.The fact finding is off to a great start…