HornSports Staff
HornSports.com
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- Oct 20, 2013
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Hope everyone had a very Merry Christmas with friends, family and loved ones. Before we get into the “meat & potatoes” I wanted to reiterate that the goal is to have “Crossfire” out by noon each Wednesday unless something urgent comes up and we decide to launch earlier than planned. Going forward in ’14 expect “Crossfire” to be out around noon each Wednesday going forward unless something unforeseen comes up.
That being said, a lot of our big money friends have been spending time with their families (just as anyone should be doing this time of the year!) however that didn’t keep us from sitting down with our old buddy “Friend of Bevo” to get an update on all things pertaining to UT Football.
CONVERSATION WITH FRIEND OF BEVO
McPhaul: Thanks for meeting with me during the holidays. Did you get what you wanted for Christmas?
Friend of Bevo: I got to spend time with the family and at my age, that is all you really want.
McPhaul: I know you were once a big fan of Mack’s, what are your thoughts about him as things stand today?
Friend of Bevo: First of all, I feel as if we been played over the past 4 seasons by a guy that everyone thought was a class individual. When it came time for Mack to do the “honorable” thing and “fall on his sword” he wanted nothing to do with it. Keep in mind, he had told many of us time and time again that he was tired and it was time for a change- what he did to Bill was just incomprehensible!
Here you have the 2nd highest paid Head Coach in all of College Football knocking back nearly $5.5M per year over the past 4 years and in the process this guy became the first UT Head Coach to ever lose 4 games 4 years in a row! And this guy has the gall after agreeing prior to the season what the stipulations were for him to come back in ’14 to feel that he has been “wronged” by being coerced to resign?!
McPhaul: I had mentioned earlier this week in one of my posts that Mack was possibly looking at what his legal options may be. Despite agreeing to the terms of remaining as HC (beat OU, win Conference, go to BCS Game) and coming up short, there is a feeling on Mack’s part as if he was “owed” additional time to “right the ship.” You are closer to things with Mack than I am. What are your thoughts?
Friend of Bevo: Son, let’s be clear here: Mack was not "owed" this job. That is dangerous thinking. Do you not think that Joe Paterno didn’t think he was “owed” his job at Penn State? How’d that turn out? Do you not think Bobby Bowden didn’t think he was “owed” his job at Florida State? Hell, ego is a dangerous thing when not managed properly. As much success that Mack had as Head Coach while at the University of Texas, it was a privilege for Mack to be at the University of Texas. As part of that privilege, there is a deliverable associated with it. Mack Brown does not OWN the role of Head Football Coach at the University of Texas, he is a mere steward of the program until the next Head Coach of the University of Texas takes his place. The fact of the matter is that Mack has failed over the past 4 years as Head Coach at Texas. Do you realize that the past 4 years represents 25% of his career at Texas?
Mack likes to play the role of the CEO so let’s REALLY play out the role of the CEO here for a minute. The role of the CEO isn’t just to go out and cultivate a brand for a company, give speeches about how the company will perform for the upcoming quarter or fiscal year, come in and schmooze big customers. The ultimate role of the CEO is to drive the company’s stock price up for the shareholders of the company and meet the outlined objectives set forth (growing market share, increasing profitability, etc.) as well. With the performance Mack Brown has put forth over the past 4 years, if Mack Brown was an actual CEO of a Fortune 500 Company he would be gone. Need proof? How long did Ron Johnson last at JC Penney’s? About 2 years and then “poof” he’s gone. Didn’t matter what the guy did while he was at Apple, he was gone. It didn’t matter that in Ron Johnson’s mind he didn’t get enough time to see if his ideas for the “new” JCP were going to bear fruit. At the end of the day he was let go for a lack of success quickly enough. This is something CEO's face every day from shareholders. At the end of the day, if Mack wanted to be excused for mediocre success, then he should have been paid accordingly and coached at a different program altogether. This is the University of Texas we’re talking about, not Texas State.
Furthermore, Mack is not a doctor, teacher, police officer, firefighter, etc. He is a football coach. And at the end of the day Football Coaches are ultimately paid to win. And when you are the 2nd highest paid Football Coach in all of College Football and have one of the highest paid staffs in all of College Football, well then... investors expect results. The results put forth on the field are not commiserating to the monies being invested into the program- in business terms since Mack wants to be the CEO, “at the end of the day the BMD’s weren’t getting the ROI that they deemed acceptable enough for their investment.” How can you argue with that? You can’t! Mack had his run, but now has lost respect from many because of his exit plan, arrogance and the state of the program as he is leaving it today.
McPhaul: I came out and said Saban will be the next Head Coach at UT and stand by it. The difference this time with Saban versus last time with Saban is Sexton and Saban both know that there is a Plan B this time around if Saban says no. From what you and others have told me, Plan B with Jimbo Fisher ain't so bad either. Nevertheless, you have naysayers out there asking, “Why would a coach leave a great situation at FSU"? Thoughts?
Friend of Bevo: Thoughts? Sure I got thoughts. How often does the head coaching job at the biggest brand in college sports (and one of the biggest in American sports) come open? How much easier would it be to build a dynasty at Texas than just about anywhere else? How many other schools can afford to make their head coach one of the top 3 paid head coaches in American sports? How many other schools can afford to bring in the top assistants in the game to compliment a head coach on his coaching staff? How much better is it to live in Austin than just about anywhere else most where college/universities are located?
Texas isn't a typical school. Texas might not get a Jimbo Fisher, Nick Saban, or a Jim Harbaugh. But let’s not pretend that this isn't a job that practically every college coach (and some NFL coaches) wouldn't be interested in.
McPhaul: Here comes the dreaded question that you are sick and tired of me asking: Who will be the next Head Coach at the University of Texas?
Friend of Bevo: Look, anything can happen. I’ve told you that from the outset. Hell Darrell, you know that as well as I do. But if I were a gambling man it would be Saban. There are just things that I am privy to that lead me to believe he’s the guy. I believe the last time around Saban maybe didn’t believe that we would get rid of Mack at the end of the day. As I’ve told you, Nick did not want to be perceived as the guy who pushed a legend out. I also think that there were concerns with Mack meddling with things and I think back in early December that was a legitimate concern.
After what has happened in recent weeks, Mack has become his own worst enemy. Quite frankly, as embarrassing as Mack may think he is making this for the University, he is the one making himself into a pariah. Not only will Mack not be snooping around and meddling with football affairs, I believe if Mack doesn’t get religion soon he will be persona non grata going forward with all things pertaining to Texas Football.
McPhaul: And if Saban doesn’t come?
Friend of Bevo: Fisher.
McPhaul: Any others?
Friend of Bevo: I have seen some of the names being discussed and get a chuckle. These BMD’s did not come all this way (getting rid of Mack and having to threaten Powers in doing so) just to settle for someone like a James Franklin, Pat Fitzgerald, or a Larry Fedora. There’s just too much at risk. These guys don’t take risks- they bet on sure things.
McPhaul: What about Malzahn, Briles, either of the Harbaughs, or even Mora, Jr.
Friend of Bevo: Hell, all of those guys could kill it at Texas. They can all coach. I think at the end of the day Jim Harbaugh is a bit of a malcontent. Hell of a coach but always upset about something. John is, from what I know of him, a more stable personality. Personally I like a guy with good college roots. What Briles has done in Waco is nothing short of a miracle. Malzahn has had a great deal of success as well. The only thing that scares me is his Head Coaching sample size. Is this season a fluke for him? On the flipside, this guy just took down Nick Saban on the biggest of the big stages.
McPhaul: Reading TOS thy are bringing up new names every day. Why?
Friend of Bevo: Texas is trying to correct the perception that a backroom deal was not cut by some rogue donors and friends of mine. Patterson assembled a selection committee and is working with a firm, vetting candidates and actually going through all of the politically correct motions in order to alleviate to acquisitions from the Brown camp that there was any type of interference contract.
McPhaul: Does Brown have any legal base to stand on?
Friend of Bevo: He can file all he wants. I doubt he will but, if he does. It won’t stand.
McPhaul: What can we expect in the real near future?
Friend of Bevo: The new group of BMD's trying to move out the old moss backs.
Also, once the HC and his assistants are in place, be prepared for historically unprecedented changes within the UT sports program. There will be blood.
McPhaul: I appreciate you taking the time out of your Holidays to visit with me.
Friend of Bevo: No worries, talk to you on Monday.
RECAP OF WHAT HORNSPORTS’ FRIEND AND MEMBER SDHORNESQ HAD TO SAY
OK, a quick review of Mack's contract and thoughts on the threat of litigation and litigation itself.
First, a few caveats:
1) It's Christmas so I only briefly skimmed Mack's contract and extension.
2) I am not licensed in Texas so not familiar with any laws special to Texas or the Travis County jury pool.
3) My area of practice is not contracts or contract litigation but I have drafted and litigated breach of contract cases in the past.
That being said, Mack did not need to resign to be terminated. Resignation and falling on one's sword is just the time honored way of terminating a relationship which saves face and honor to the terminated employee who is under performing. The contract clearly states that the AD will review Mack's performance and may choose to terminate at any time. If termination occurs, UT's obligations end on the date of termination and the applicable buyout payment is then due.
So terminating Brown does not form the basis of any legal action itself. Brown and his team (not sure if Jamail is included in this, he may be but he may be conflicted out--always smelled rotten that one of the biggest boosters was the attorney for the HC) though are looking at whether UT acted in bad faith by trying to prospectively terminate the contract and discuss his replacement while the contract was in place (the replacement could be Saban or me, doesn't matter).
From a legal perspective, I don't see a solid basis for a suit. Mack could have been fired last year just as easily as this year. From what we have heard, Powers elected not to fire Mack (not his call, power is with the AD) if he met certain conditions. This agreement was most likely oral and a gentleman's agreement, hence why Mack thought he could fudge it.
The initial outreach for feeling out any options post-Mack supposedly started with a regent not acting in any official capacity with the university. Private citizens can talk to anyone they want and discuss any options they Want to discuss. He could not bind UT unilaterally even if he wanted to. It should also be obvious that UT officially has reached out to several coaches prior to terminating Mack to at least gauge interest. That seems like standard business practice and not a breach of any provision of the contract. No AD decides to terminate their head coach without looking at available options.
So I don't see much chance of success.
That doesn't mean that he won't sue. In America, the beauty and failure of the legal system is open access to the courts even when the chance for success is speculative at best.
Also, as I have stated before filing suit will kill Mack's current "job" and relationship at UT and Texas. It will also most likely kill any hopes of another head coaching job or job with the media because these employers don't like employees that bite the hand that feeds.
So, if true, my take is that it is nothing more than a bluff and saber rattling. But to what point? What is Mack trying to accomplish? Put his stamp on the next HC? If he had not lost his last ally in Powers by breaking his promise to resign, he did so by sourcing that Forde story. I don't see any way that Mack is not on the outside looking in and remaining so for a long time.
NOTE ON TYRONE SWOOPES
Don't expect to see Tyrone Swoopes in action tomorrow in the Alamo Bowl. Swoopes got into a knock-down drag-out shouting match with the assistant coaches recently. It was very visible and didn't help Swoopes' case for more playing time.
