Eric Herring

Department of Politics

University of Bristol

10 Priory Road

Bristol BS8 1TU

England, UK

21 December 2002

Marc Brodsky (via e-mail)

CEO and Executive Director

American Institute of Physics

One Physics Ellipse

College Park, Maryland 20740

Dear Dr. Brodsky

I am writing to you with regard to the firing of Jeff Schmidt from his position as an editor at Physics Today. I have read Dr. Schmidt’s book, many of the reports on his website and the letter you issued explaining your actions. I am not persuaded that the reason you gave -- that he had admitted writing the book on “stolen time” at work -- was the real reason you fired him. As the Human Rights Committee of the Plasma Science and Applications Committee of the Institute of Electrical and Electronics Engineers indicates in its report, it appears that AIP staff were permitted and even encouraged to do freelance work as long as they met their work deadlines. As far as can be ascertained, you appear to have fired him on the basis of his views of how the workplace should be rather than on the basis of an inadequate workplace performance. It is entirely out of keeping with democratic and scholarly values to sack someone for their views.

On these grounds I urge you to reinstate Jeff Schmidt.

I also request that you publish this letter in Physics Today.

Yours sincerely

Dr. Eric Herring

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Dear Marc

Thank you for your swift reply. You comment that you do not understand why I “think it is OK to employ someone who says he is stealing from you.” I would like to take a few moments of your time to explain if I may.

First, my understanding is that Jeff Schmidt acted within the normal AIP workplace norms in which there are no official break times; workers normally and openly pursued personal interests; and management accepted and even endorsed this as long as deadlines were met.

Second, my understanding is that Jeff Schmidt always had evaluations saying that he met or exceeded job requirements, and had already met the schedule for the annual work quota required of him by AIP.

Third, in the introduction he specifies what he meant by stolen time: “I began spending some office time on my own work,” which is compatible with normal AIP workplace norms.

Fourth, you refer to the importance of trust in the workplace. My understanding is that AIP management imposed gag orders and a ban on conversations in the workplace not monitored by managers. This suggests that AIP management itself are the ones who have a problem with trust in the workplace.

Fifth, the only difference I can see between Jeff Schmidt and his colleagues who were not sacked is the content of what he wrote and his other views about how Physics Today should operate as a workplace, rather than his actual work practice with regard to time.

Sixth, it is a matter of record that all of my previous points have been made to you by many hundreds of people many dozens of times, yet you write as if unaware.

All of this leads me to believe that you are being disingenuous in writing about Jeff Schmidt’s phrase “stolen time” as if a real theft has occurred. You do not trust Jeff Schmidt, but that is because you do not trust him politically (in terms of his views of how the AIP workplace and others should be run) rather than because you do not trust him to not “steal.”

If you can refute these points, I am willing to withdraw them.

Yours sincerely,

Eric

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Dear Marc

I am sorry to bother you again, but I have just come across this item on Jeff Schmidt’s website. I see that there was a State of Maryland Department of Labor investigation into his firing. I see that it ruled that he had been fired through no fault of his own and thus was entitled to full unemployment benefits. There was no finding of misconduct on Jeff Schmidt’s part. I see that you/AIP did not appear to make your case.

It follows from this that I have two questions:

First, if you disagree with this ruling, what are your grounds?

Second, why did you/AIP not appear at the hearing to make your case?

I have to say that I could not withstand the kind of pressure you are under. Your reputation not only within your profession but also far beyond it is completely in tatters, whereas Jeff Schmidt is widely regarded as a brave, principled person. My guess is that you now have a kind of back-to-the-wall bunker mentality where you feel that you just can’t admit you got it wrong. My guess is also that when you fired Jeff Schmidt, you had absolutely no idea of the tide of criticism from careful, reasonable people that would engulf you. The only way out I can see for you is to show real character, admit that you were wrong and try to conduct your professional life differently. I would respect you for it and so would many others. I hope that you take that step.

Yours sincerely

Eric