Gerald D. Biby
509 Shugart Street
Beatrice, NE 68310
Home Phone (402) 223-0100

Suzanne Drew, Ombudsman and Director of Employee Relations
University of Nebraska
Department of Human Resources
P.O. Box 880438
Lincoln, NE 68588-0438

RE: Grievances against Dr. Darrell Nelson, others unknown to me at this time

On November 12, 1999 I received a letter from Dr. Darrell Nelson terminating my employment at the University of Nebraska. Based upon a review of the incidents that have taken place over the last 6 months or so I believe that Dr. Nelson has targeted me because I possessed information regarding the activities between Corn Card International and the university. That information demonstrated that the university failed to honor statements made to me, Corn Card International and possibly others.

You are hereby directed to consider all the information that is included in the grievance file June 21, 1999 (or there about) against Dr. Donald Helmuth to be in the public domain. As claimant of the grievance against Dr. Helmuth I have the right to remove that information from being confidential. All the information I submitted in that grievance, is hereby annexed as documentation and support for this grievance against Dr. Nelson. The information in the public domain is "everything"and is not limited. All documents I submitted, audio tapes, video tapes and recorded testimony is NO LONGER CONFIDENTIAL. This also includes the grievance appeals committee report that was filed on October 11, 1999.

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

•  Violation of the University Grievance policy, specifically retaliation.
• Violation of Due Process in the termination hearing process
• Violations of the First Amendment, Fourth Amendment and Fourteen Amendment of the Constitution of the United States of American and similar protections afforded citizens of the state of Nebraska
• 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
• Behavior not in the best interest of the University
• Violations of other policies, procedures, memorandums that I am unaware of at this time

This is a situation of killing the messenger for the message. The Grievance Appeals Committee recognized this and found against Dr. Helmuth. This grievance is now having to again focus of the events surround the Corn Card International incident AGAIN. This time the player in the cast in now Dr. Nelson and not Dr. Helmuth. This grievance would not have taken place, of all this issues raised again if it were not for Dr. Nelson's and probably others decision to fire me. In the compilation of written information that I had previously gathered, for the Don Helmuth grievance, it was demonstrated that the university knew, or should have known of the developing relationship between Gemplus and Corn Card International It also proved that the Technology Transfer Office (Turan Odabasi) was aware of Corn Cards request to extend its license by January 8, 1998 and that statements made by me in a January 16, 1998 letter to Bill Brown are consistent activities taking place by Turan Odabasi at that time. Additional documents proved beyond any reasonable doubt that Corn Card International was in communication with the Technology Transfer Office regarding extending their territory and allowing financial cards to be included in their license through 1998. And that Gerald Biby was acting as the messenger for the Technology Transfer Office (Turan Odabasi) and by virtue of the mandate given to him by Milford Hanna, based upon Dale Vanderholms approval on November 17, 1998, to go ahead with the Gemplus transaction. Further the tape recording of Don Helmuth's conversation with William Brown on January 20, 1999, demonstrates that what he was telling Mr. Brown, and myself in December 1998, was that the Gemplus - Corn Card deal would go through and that UNL was not trying to break Corn Card's License, rather it was concernd about Cargill. The excepts of the depositions from Turan Odabasi and Don Helmuth that are included in the Dr. Helmuth grievance file, with relevant portions underlined that need to be read to fully appreciate that fact that Gerald Biby's belief was based upon information provide to him by people he had no reason not to believe.

However, the fact that violations I have listed are "unintentional" does not excuse the misconduct. Ignorance is not a defense. We have all heard people attempt to justify their actions and all of us have known instinctively that justification amounted to a confession of guilt. This is a downward spiral. One commits overt acts unwittingly. He then seeks to justify them by finding fault or displacing blame. This leads him into further overt actions against the same people which leads to degradation of himself and sometimes those people.

With the arrival of the "corrective action" proposed by Darrell Nelson on September 23rd it appears that not only Don Helmuth and his Technology Transfer Office are responsible for what has happened, but other administrators too. My initial request was for nothing more than an apology and having to have both my name and records cleared. That is no longer the case. Justice needs to be swift in dealing with the Don Helmuth, Walter O'Farrell and Turan Odabasi.

How the University wants to play out my this corrective action and grievance is up to them. I can only say that any offer I have made to settle for anything less than full vindication of both my actions and that of Dr. Milford Hanna and the Industrial Agricultural Products Center represent is only a small part of what is needed, for what has happened to me. How will this final play out, will it be in the new papers, the courts, both or neither, I do not know. Yet one thing is certain. The Center with the most prolific publication record and the most successful record of research with businesses on the East Campus has been destroyed and will never be the same. Too high a price has been paid by to many. Or was the price to high?

Background information about this incident and the earlier ones, including Dr. Nelson's direct order to make my computer available to UNL police on June 4^th 1999 is documented in two forms. First is a video tape that includes a phone conversation on June 2^nd 1999 with Dr. Helmuth. Included is a copy of the actual video tape on the precursor encounter of the June 4^th 1999 incident that took place on June 3^rd 1999. In addition, an audio taped meeting with Dr. Helmuth, Dr. Nelson, Dr. Hanna and myself that took place on the afternoon of June 3^rd 1999. Then the tape of the actual incident on the morning on June 4^th 1999 until the time the police computer consultant began searching my computer. The search was coerced because I was given a direct order (in writing on June 3^rd 1999 by Dr. Nelson) to provide/allow access to all files relating to Corn Card International. Between the direct order from Dr. Nelson and the fact it was the police, I did not believe that at the time that I could stop them without the risk of violating a direct order and the career implications that it might have, specifically being fired.

The video tape in the Dr. Donald Helmuth grievance file, 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 Nelson'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 see in the hundreds of pages of documents in the Dr. Donald Helmuth grievance files that I want to also be part of the record for this grievance. Additional information is also available and if neededcan be provided,

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 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 Nelson.

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

•  Please have Dr. Nelson send me a contrite and unqualified apology for the events of dismissing me that can be posted in the staff break room in L.W. Chase Hall.
• A letter acknowledging that Dr. Nelson recognizes that he and senior university official signed the authorization for my reclassification to the position of Technology Transfer Coordinator and that it was approve and that is my title and I have the power and authority as included in the job description.
• Dr. Nelson will recommend a retroactive pay increase, to be paid out of the IANR budget, to bring Gerald Biby's salary to be equal with that of Walter O'Farrell and maintain parity into the future until Gerald Biby retires or leaves the university.
• Dr. Nelson will resign administrative authority over the Industrial Agricultural Products Center, Dr. Milford Hanna and Gerald Biby and administrative authority with not go to Dr. Helmulth or anyone who has been adverse to the IAPC.
• Full reinstatement, retroactive pay and benefits, vacation, sick leave, ect. to the day of my dismissal (being fired) by the University.
• Removal of all references to any negative aspects of this dismissal or my actions regarding the Corn Card International situations from all university files, without exception.
• Reimbursement for all my costs for making copies or audio tapes, video tapes, documents, ect., including those submitted to the Governor Mike Johanns, all the individual members of the Board of Regents, the Nebraska State Ombudsman's office and Senator Dennis Byars with no quibbling amount the amount being $500.00.
• 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, including being used in any legal proceeding, except by my expressed written consent.
• 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

Thank you for your time and attention to this request.

Sincerely,
 

Gerald D. Biby

Gerald D. Biby

Please provide copy of all correspondence, reports, ect, to those people listed below who received a copy of this grievance letter.
 

xc: Deputy Ombudsman Terry Ford
        Senator Dennis Byars
        Dr. Milford A. Hanna