The case of Moye Freymann
Pollitt discusses his role in the case of Moye Freymann, who argued he had been wrongfully dismissed as the director of the University of North Carolina Population Center. After describing Moye's role in establishing the Population Center, Pollitt explains that Freymann was dismissed in 1974 by the Board of Directors. Because of his work with the American Association of University Professors (AAUP), Pollitt knew many of the board members personally, but disagreed with their decision to fire Freymann without due process. Pollitt describes his effort to reverse the decision and explains why the Faculty Council and Chancellor Nelson Ferebee Taylor determined that determined that administrators were different than faculty members in terms of hiring policies and standards.
Citing this Excerpt
Oral History Interview with Daniel H. Pollitt, February 22, 1991. Interview L-0064-5. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
So a
little bit earlier we had the Freymann controversy.
- ANN MCCOLL:
-
What was the name?
- DANIEL POLLITT:
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This was Moye Freymann. He was the director of the Population Center.
- ANN MCCOLL:
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And what is that?
- DANIEL POLLITT:
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Well, it's birth control, family planning. I guess HEW at one
time in the early Kennedy years decided there should be family planning
around the world. So they made money available to universities to set up
family planning centers. We set up one. The Population Center
it's called. It's like the Institute of Government
or the Early Learning Center. We have a bunch of centers and institutes
on this campus. This was the Population Center. Some people in the med
school thought this was important and they put in
for the grant. They got Moye Freymann who had been at Harvard in their
public health school to come down and head it and they made him a Kenan
Professor or something in the School of Public Health. His job was to
create and develop the Population Center which he did. It became one of
the foremost population centers of the world for study and advice and
library and research and everything. You know, you sort of grow, you
feed on what you have. So since we were the best, when the Carnegie
Foundation wanted to get something done they would give it to us to do
because we had the resources. Then we would expand and then we would be
even bigger and better and then somebody else would give us money.
Freymann was the heart and soul. He was just like Albert Coates who
developed the Institute of Government. Freymann developed the Population
Center and it expanded its bounds and it grew. I don't know;
there were a hundred people working at the Population Center. They had
projects all over the world. The way I first became acquainted with Mr.
Freymann was when an Iranian came into my office and said he had just
been fired from the Population Center and he was an Iranian from Iran
who had come here to get a degree in sociology and population control
and was really working for the Population Center and not in the
Department of Sociology. There was a large grant from the government of
Iran to the Population Center to work on population control in Iran.
This was the guy, I think he was related to the Shah or something, who
had come over there. Well, Freymann didn't like him for some
reason and fired him summarily. Well, the guy had come to me and I went
to see Freymann and I told him you
can't fire people summarily. He said, "Well, this
guy is in research on contract and he's not a professor and
he's a graduate student in sociology. He's not
really in the Population Center except we hired him to do a special job.
He didn't do it well and we're not going to renew
his contract. We're not violating academic freedom."
And I said, "Well, tell him why and give him a chance to
respond." He said, "He knows why." And I
said, "Well, put it in writing." He says, "I
don't have to bother with the likes of you." So I
didn't know what to do. The Iranian was ready to go back to
Iran or something, so he didn't want to file a law suit and
that was about the end of it. That's how I met Freymann and I
didn't like him, you know. I thought he had no feelings for
his underlings. He took a concept and built it into concrete and bricks
and bank accounts and libraries and everything. He was a great
administrator and maybe that's what you have to do to be a
great administrator. Then he himself went on a trip around the world to
check on all the various projects that were going on. And it was a two
month trip or something; maybe a month to visit all the projects. When
he was in India he got a telegram saying that he was removed from the
directorship. There was a board on the Population Center and it
consisted of maybe six people. And the med school and the School of
Public Health and the Department of Religion and sociology, you know;
that was the board. They had decided they didn't like the way
he was managing things, so they sent him a telegram and removed him from
the directorship while he was in India. So he came back immediately and
came to see me. So I looked at the telegram and I
looked at the board. I know them all. Most of them are good friends of
mine and allies in most things. One of them was John Graham who had been
a real leading light in the med school; great reputation for his work
and real concerned with social aspects of the world. He had been the
Vice President and I had been the President of the AAUP. So all the
people on this Population Center board I'd always thought of
as very close friends. So I wrote them all a letter and I said,
"Hey, you've gone overboard here and you forgot what
we're all about and that decency and democracy and due
process require that you tell him why you did it and give him a chance
to respond. He doesn't respond to you first, but then there
ought to be another group because you're his accusers and you
shouldn't be his judgers." So they wrote me back and
said, "Well, that's true for professors, but
he's still a Kenan Professor in the School of Public Health.
Directors have to earn their keep every day and they have no
rights." They weren't going to tell him why they
fired him.
- ANN MCCOLL:
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Did he have any idea?
- DANIEL POLLITT:
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He never told me any idea. He told me he had never done anything that was
not a hundred percent perfect. So I never did find out. So then I went
to see the Chancellor and that was Ferebee Taylor. I told Ferebee Taylor
that you can't remove directors summarily by telegram. You
have to have a process for removing them. And in the meantime Freymann
wrote to all the contributors. One of them was Belk, Mr. Belk of the
department store. They had an advisory committee which was all Mr. Bigs,
fat cats, who contributed a lot of money.
About ten or fifteen of the very wealthy prominent North Carolinians
were…. This is a good thing to do to worry about population
growth in the third world or whatever. So they all wrote a letter to the
Chancellor saying, "Hey, Freymann is a wonderful guy. What are
you doing?" That sort of made the Chancellor angry at me so I
saw him and I had the letter, a copy of the letter and everything and
said, "You know we're antagonizing a lot of the
donors and supporters and besides the only right way to do it is to give
the guy a chance to respond before an impartial group, a noninvolved
group." And the Chancellor said, "That's
not true for administrators." So he wasn't going to
do anything. He wasn't going to provide a forum. So then I
went to the Faculty Council and I was on the Faculty Council. I made a
motion that we amend the by-laws to require that administrators are
given the same rights that professors are given in terms of discharge.
They have a hearing before the standing committee on hearings. So I made
the motion to the Agenda Committee and they weren't going to
put it on the agenda. So I stood up and they said, "Does
anybody have any concerns?" There's a period for
concerns and I had a concern and I wanted this discussed by the Faculty
Council and they said, "Well they didn't think it
was appropriate." I appealed the decision of the chair and you
need two-thirds and we got two-thirds, so it was on the agenda for the
next meeting. It was on the agenda for three consecutive meetings and
we'd always extend the time. There is a compulsory closing
time of 5:00 or something. We'd extend the time for another
half hour and then for another half hour. Then no
more because people had left and we didn't have a quorum
anymore. But the Chancellor who presides at these things said,
"I am entitled to earn my job every day that I go to work. I
get up in the morning and if I don't do a good job that day
there's no reason why Bill Friday down the hill
can't fire me. And I want the opportunity to serve my job
every day." So here we are sitting and there he is up on the
platform and he's expressing the view and to amend the
by-laws I need three-fourths. I'd get up and I had cases
where professors…
[END OF TAPE 1, SIDE A]
[TAPE 1, SIDE B]
[START OF TAPE 1, SIDE B]
- DANIEL POLLITT:
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So at the same time, there was a case involving Earl Peacock who is now a
first year law student. Earl Peacock had been on the medical school
faculty and during the Korean war he had been at Valley Forge Hospital
and he had been assigned to burns on the hands. He had done three or
four thousand operations on hands. His father had been in the business
school. So he came back to Chapel Hill where held been born and bred and
started a hands department over at the med school and a burn center.
That still goes on, The Burn Center and the hands. And he got a lot of
money from HEW to do his thing. He was very competent, very
well-regarded, writes well, does research, writes papers, does
operations. Arizona was looking for a dean of their medical school and
hired him to be the dean of their medical school. So he left and went
out to Arizona as their dean. Two or three years after he went there he
had some altercation with the president and the president fired him as
the dean of the medical school. So Earl Peacock is not one to take this
lying down, so he filed a suit saying, "You can't
fire me without due process," and asked for judgment. He got
something like a million and a half dollars from the jury against the
University and the governor and everybody else. Well, that was appealed
and the court said, "That's too high," and
sent it back. At the time that we were having our dispute, Earl Peacock
had won the million and a half verdict. You can't fire a dean
of a medical school without due process. Earl Peacock had been here ten
or fifteen years and a lot of people on the
Faculty Council knew Earl Peacock. So I was relying on the Earl Peacock
case and a couple of others involving college presidents and said,
"I have the law on my side and I have justice on my side.
There's no reason why you should stab a man in the back. Come
out front and tell him what you have against him and let him respond.
Let the decision be made by an impartial peer group and if
he's doing something bad, remove him." And the
Chancellor and others were arguing, "No, directors are
different." So I lost on Freymann, but we reached a compromise.
Directors are not to be protected as are professors, but department
chairmen are. The reason for that distinction is that the faculty
recommend department chairmen to the Chancellor for appointment, but
directors are appointed by the Chancellor without consultation with the
faculty. Directors are the creatures of the Chancellor and department
chairmen are creatures of the faculty. So that was the compromise. And
so with three-fourths vote we had gotten the department chairmen
protected. I had more than a majority, but not the three-fourths
majority for directors. I was talking about retroactive, you know,
ending cases. So Freymann lost there.