One key voice has been missing in the controversy surrounding the University of Alabama at Birmingham's decision to drop football: The athletic director's. There's a reason why.
Former UAB athletic director Brian Mackin's severance package pays him a total of $234,750 over nine months and includes a lengthy confidentiality agreement, according to a copy of the document obtained by CBSSports.com. AL.com first reported terms of the agreement.
When UAB announced Dec. 2 it was cutting football, bowling and rifle, the university said Mackin had been reassigned to a newly created position in president Ray Watts' office. Watts said Mackin resigned and requested the change.
The severance agreement states that as a result of Watts' decision to end football "a dispute arose" between Mackin and UAB regarding his contract. Mackin, a former UAB baseball player, had been UAB's AD since 2007. In parting ways, Mackin and UAB agreed to the following terms:
• Mackin served as "special assistant for athletics" from Dec. 1 to Feb. 28 and continued to be paid at his annual base salary rate of $309,000, plus a car allowance of $1,000 per month. That comes to $80,250 in pay before he stopped being a UAB employee on Feb. 28.
UAB's stated duties for Mackin in this role were "transitioning coaching staff and student-athletes affected by the decision to eliminate football, rifle and bowling and such other duties as reasonably assigned by the President or Vice President of Financial Affairs and Administration … consistent with serving as Special Assistant for Athletics."
• Mackin will be paid $154,500 -- equal to six months' pay -- from March 1 to Aug. 1 in monthly installments of $25,750. UAB saved $283,250 by negotiating a reduction in its original payment obligations from June 30, 2016, to Aug. 1, 2015.
• The parties acknowledge that the benefits in the agreement "shall never be considered an admission of liability or guilt in any manner" and was a result of a compromise.
• The 13-page severance agreement, which was signed on Jan. 2, includes three pages devoted to Mackin's confidentiality clause. Mackin agreed to "treat all Confidential Information as strictly confidential" and he cannot "directly or indirectly disclose, publish, communicate or make available Confidential Information."
Mackin cannot disclose the terms of the agreement or its existence to anyone other than his wife, his attorneys and his accountant, or in response to a court order or subpoena. The language is so specific that it even states Mackin and UAB's president and vice president cannot directly or indirectly initiate a conversation with anyone about the severance agreement. "If asked about this Agreement they shall respond by stating only that 'the matter was resolved,' or words to that effect," the agreement states.
• Any disclosure by either party that violates the confidentiality clause would result in damages estimated at $2,500 per breach, with a maximum of $7,500. The non-breaching party would also be entitled to additional damages.
• If Mackin is notified of any judicial or agency order, inquiry or subpoena, he must immediately communicate that by phone to the University of Alabama's Office of Counsel and then later in writing so UAB has an opportunity to intervene regarding non-disclosure. Mackin agreed to cooperate with UAB if anyone files or threatens a lawsuit against the university or any associated people or entities. He agreed to be "reasonably available" to meet with UAB attorneys if a suit is filed or there's a threat of one.
The UAB football controversy doesn't appear to be going away. But it won't include Mackin's voice anytime soon.
