Gerald D. Biby
Industrial Agricultural Products Center
209 L.W. Chase Hall
Lincoln, NE 68583-0730
Work Phone: (402) 472-1634
Home Phone (402) 223-0100

Human Resource
University of Nebraska
Lincoln, NE

RE: Grievances against Dr. Donald Helmuth

On June the 3^rd 1999 my office was entered by university employees to search my paper files and computer records, I declined to sign the authorization to allow the search of my computer. On June the 4^th 1999 university employees returned and searched my computer stating that they did not need a sign authorization because it was university property. A phone conversation with Dr. Donald Helmuth was tape recorded when he explained how the university just needed to verify that it had all the documents to show as part of a legal action between Corn Card International and the university. The incident of June 3^rd and June 4^th was video taped. A meeting between Dr. Donald Helmuth, Dr. Darrell Nelson and Dr. Milford Hanna (my immediate supervisor) was tape recorded.

Based upon a review of the incidents that have taken place over the last 6 months or so I believe that Dr. Donald Helmuth has targeted me because I possess information regarding the activities between Corn Card International and the university. That information may demonstrate that the university (Dr. Helmuth's Research and Technology Transfer Office) failed to honor statements made to me, Corn Card International and possibly others. (Attached are letters February 1999 and June 1999) to Dr. Darrell Nelson that discuss these areas and the conduct by Dr. Helmuth's office and should be considered part of this grievance process).

Based upon my understanding it appears that my grievance covers the following topics:

•  Violation of Privacy Policy in Executive Memorandum No. 16
• Inappropriate handling or release of confidential or other information not authorized for release including, but not limited to client information and personnel information improperly copied from my computer
• Threats or acts that affect or are perceived to affect the safety, health, or well-being of another person
• Failure to maintain satisfactory working relationships with students, the public, other employees, or supervisors
• Any other behavior not in the best interest of the University
• Violations of other policies, procedures, memorandums that I am unaware of at this time

 

The video tape attached, includes part of the information upon which this grievance is being filed. It should not be considered as all the information that I have; but it is only representative information to demonstrate that Dr. Donald Helmuth's actions on June 4^th 1999 are part of a pattern of conduct against me.

A more detailed upstanding of the events surrounding this grievance can be seem in the attached information that I want to also be part of the record for this grievance. Additional information is also available and needed to be presented, however, because of the limited time between June the 4^th 1999 and today (June 21^st 1999) it cannot accumulated in such a short period of time.

Today at 8:30A.M I must leave for a meeting in Alliance, NE, that Dr. Hanna had previously scheduled for me to attend. I will return late on June 23, 1999. Write or call regarding when we can meet.

I request that Human Resources extend the 10 day period of review of the facts around this grievance to July 23, 1999. This will allow all parties to have an opportunity to gather and provide information about the June 4^th 1999 incident.

I have done what I was hired to do and I maintained modest records of the events that lead us to this place. However, my possession of these Corn Card International related files, e-mails and audio tapes has made me the target. And now, University policies and probably numerous state and federal laws have been violated through the abuse and misuse of what appears the absolute power of Don Helmuth. Please, encourage the University to take a pro-active approach in dealing with what has happened to me.

There are four requests I would make to the University that will move us toward resolving the incident(s):

•  Please have Don Helmuth send me a contrite and unqualified apology for the events of June 3rd and June 4th that can be posted in the staff break room in L.W. Chase Hall; and a separate letter apologizing for the accusation made regarding me being in a conspiracy with Corn Card International to defraud their investors.
• Send a letter to all individuals that received a copy of the files and e-mail from my computer stating that with the exception of the information regarding Corn Card International, the other information was improperly copied and should be treated as confidential and not discusses with anyone.
• Expunge police case file 99-1019 from the University Police Department files and all information relating to their activities on this case that took place before, during or after June 3rd and June 4th and provide a letter to me that the records have been destroyed
• At this point in time I am feeling very insecure with my future at the University of Nebraska. My fear is that once the legal proceeding with Corn Card International are over, that a decision will be made by "someone" that my position should be eliminated, the Industrial Agricultural Products Center downsized or right-sized and/or I will be unemployed. I have been a loyal and productive part of the University for almost 6 years and have as my list of accomplishments probably more successful grant applications and contracts that any professional employee on the East Campus, perhaps at all of UNL.

Thank you for your time and attention to this request.
 

Sincerely,
 
 
 

Gerald D. Biby
 

attachments:

Fax from Dr. Helmuth June 3, 1999
Letter of June 3, 1999 from Dr. Nelson
List of Files copied from computer on June 4, 1999
Memo of February 18, 1999 to Dr. Nelson
Letter of June 7, 1999 to Dr. Nelson
Video Tape that also includes copies of audio conversations
 
 

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