Pat Kelsey

[Jack]

I disagree. In my teacher's contract we have several MOU's that I must follow otherwise I am in violation of my contract. MOUs are the same as contracts.

Not all MOUs are created equally. Enforceability depends on the language used.

[78]

Don't know what opened my eyes more today, Fragile Pat bugging out, or the return of Zultr!

[Bay Area UMie]

We don't need to hire anyone who had any kind of connection to UMass. We need a whole new clean move forward

Hey Berkman,

I really admire your passion for all things UMass-we need more loyal, vocal alums like you. But, you continue to post the assertion that "we need a break from the past" or "don't hire anyone who had any kind of connection to UMass" etc. How about providing us with some rationale, reasons, premises behind your position/assertion. Thank you.

[78]

Why is everything I am reading say he signed a contract?

[zultr]

" A Memorandum of Understanding is an agreement between two parties that typically precedes an official Employment Agreement."

Kelsey had an out and he took it. Nothing should have been announced until an official employment agreement was signed as it has far more legal implications for both parties if either back out.

Again, this was a key mistake and amateur move by Bamford.

I don't think anyone has seen the MOU. If the MOU has language that indicates an offer, acceptance, and evidence of bargained-for consideration for a legal purpose by parties with the legal capacity to contract, you can call it a monkey's vagina, but it would still be a binding contract. MOUs are typically used to get a binding deal in place in a timely manner when the big issues are agreed upon, then fine print details - which could take a few weeks to hammer out - can be addressed later. If the MOU had enough details to include buyout language, I assume it had enough detail to qualify as a contract. I would hope there wasn't time for Bamford to get his lawyers together to create a release in the half hour they had before the scheduled press conference, and any release would need to be in writing. If Bamford signed a release without considering all the options, then he goofed, but there is nothing to indicate that this is the case.

[fenway617]

A Memorandum of Understanding is like a purchase and sale agreement on a house. Both parties work out the deal then the lawyers put into the legal forms.In between anything can happen and because it is not binding one or both parties can walk away BUT provisions can be put in that have finical penalties if the deal is broken.

[DEM]

We don't need to hire anyone who had any kind of connection to UMass. We need a whole new clean move forward

Hey Berkman,

I really admire your passion for all things UMass-we need more loyal, vocal alums like you. But, you continue to post the assertion that "we need a break from the past" or "don't hire anyone who had any kind of connection to UMass" etc. How about providing us with some rationale, reasons, premises behind your position/assertion. Thank you.

I know you're not addressing that question to me, but I'll respond as if I was the one who made the statement "we need a break from the past". We can't be distracted by history. We need to hire the best available and hit this out of the park. People have mentioned the names Tony Barbee and Al Skinner. Are they really the best available, or are people mentioning them because they like them as UMass guys? Go out and get the best available. If he happens to be from UMass, great, but in all likelihood, they're from somewhere else, and that should be just fine with us if it means having a successful program.

[zultr]

A Memorandum of Understanding is like a purchase and sale agreement on a house. Both parties work out the deal then the lawyers put into the legal forms.In between anything can happen and because it is not binding one or both parties can walk away BUT provisions can be put in that have finical penalties if the deal is broken.

I think you mean an offer to purchase rather than a purchase and sale agreement (that's the contract). Regardless, your position is not correct - a signed offer sheet (e.g., the standard forms typically available) can establish a binding contract to purchase a house on both parties - that's why you're not supposed to make more than one offer on a house at a time. A seller who signs an offer sheet cannot "walk away" - at a minimum, a buyer could lose his deposit and under the doctrine of specific performance, a seller could be forced to go through with the deal (this is exceedingly rare and does not apply to personal services contracts). For most real estate transactions, it's not worth the bother to go to court and fight over the deal, so parties are often released, but not because they didn't have a binding agreement. With a million bucks at stake, I would hope UMass would get something with the leverage they apparently have. It depends on the language of the MOU - which none of us has seen.

http://lawyerslegalresearch.com/buyer-a ... -contract/

[umassfan.com]

Why is everything I am reading say he signed a contract?

Because Bamford said he did?

There was already a signed contract that included a buyout of 1 million.

http://wwlp.com/2017/03/23/umass-cancel ... st-minute/

http://www.masslive.com/umassbasketball ... _kels.html

As of right now Kelsey owes UMass 1 million(that is literally the title of the massive article). Of course that may be renegotiated given whatever circumstances happened or not and Bamford will do the right thing and slapback this loser.

[Bay Area UMie]

My goal was levity there. The story about his departure from X in 2011 was out there... I just saw the chance to connect the Holloway name......

You think that disparaging a guy's wife on a discussion board where we probably have visitors from the national media and sports fans from around the country visiting to listen in how the UMass community is reacting to this slight is humorous?...So this "story" was "out there"?...yes this rubbish was out there and you dredged it up from the bowels of the internet and posted as if it were some easy-to-digest fact and for public consumption...Yes, we are all angry at Kelsey's insensitivity and ignorance, but your post is completely unnecessary and inappropriate.

Actually I read it this year on a Dayton Blog and didn't find it in the bowels of the Internet. It was on the Blackburn blog previewing the game between Dayton and Winthrop. I had forgotten about it, until his quick exit today, reminded me I had read about his exit from Xavier and subsequent statement he was leaving basketball only to come back as HC at Winthrop. So, yes, this story was out there this year.

So this is the lame rationale you use to justify disparaging a man's wife under the cowardly veil of anonymity?

[umassfan.com]

http://bearcatnews.com/forum/general/11 ... ach-s-wife

It's not made up at least not by us Tu Holloway had his wife....

[UMass87]

...

Holy shit! You're alive. Welcome back!

[Mike0473]

We don't need to hire anyone who had any kind of connection to UMass. We need a whole new clean move forward

Hey Berkman,

I really admire your passion for all things UMass-we need more loyal, vocal alums like you. But, you continue to post the assertion that "we need a break from the past" or "don't hire anyone who had any kind of connection to UMass" etc. How about providing us with some rationale, reasons, premises behind your position/assertion. Thank you.

Here is my reasoning on Barbee.

2010–11 Auburn 11–20 4–12 5th
2011–12 Auburn 15–16 5–11 T–10th
2012–13 Auburn 9–23 3–15 14th
2013–14 Auburn 14–16 6–12 12th

It doesn't matter how hard it is to win at Auburn, or if others have done so or not. Tony Barbee took the job willingly and finished 49–75. I don't think we should consider anyone with a stat line like that at their last job. He can prove this wasn't his fault at another school in my opinion and join Umass next time around if the timing is right.

[TheChamp]

ADMIN EXERCISING HIS ADMIN RIGHTS AND TAKING THIS DOWN

[umassfan.com]

In a way Pat Kelsey became the big booster we needed to pay DKs buyout. I mean in a round about way that is. That or Bamford knows him and they scammed some bigger university for 1 mil to help us out. That's how I'm gonna think of it. Pat Kelsey the booster put up 1mil to fire dk.