Hawai'i cultural panel fires director

By Jim Dooley
Advertiser Staff Writer

The beleaguered executive director of the state Foundation on Culture and the Arts, under a state Ethics Commission investigation, was fired yesterday after a board member said the commission had "no confidence, no trust" in him.

David Farmer is the focus of an ethics panel investigation. Bruce Asato • The Honolulu Advertiser

Within the past week, two foundation commissioners who supported Farmer abruptly resigned. Two other commissioners have quit in recent months, leaving the commission with a bare five-member quorum still in place. All five voted to terminate Farmer.

The loss of Farmer and four commissioners comes at a crucial time for the foundation, whose budget requests are still up for discussion in the middle of the legislative session and which relies on state money to purchase, commission and display works of art in public places.

Moreover, Farmer was overseeing the $3.2 million construction of a proposed state art museum, well under way and scheduled to open in October. The museum, which has yet to be named, will be housed on the second floor of what used to be called the Hemmeter Building in the middle of the Capitol District.

State Rep. Jerry Chang, D-2nd (S.Hilo), chairman of the House Tourism and Culture Committee, said he's concerned about the turmoil in the foundation.

"I would like to get everyone involved to come before the committee for an oversight briefing, to explain what's going on over there," Chang said.

Farmer acknowledged last year that he was under investigation by the state Ethics Commission after at least one foundation staffer complained that he might be using state time and a state telephone to pursue a private legal practice.

Farmer said he might have used his state phone inadvertently for personal purposes, but any legal business was performed on his own time. He also said he put in many more hours on his state job than required by his employment contract.

The status of the Ethics Commission investigation is unclear. Dan Mollway, Ethics Commission executive director, declined to discuss the matter yesterday.

But Mollway said complaints against a state employee aren't necessarily dropped when the employee stops working for the state.

"The commission could continue to investigate to determine if there is a violation of the law," he said.

In November, more than half of the Culture and Arts Foundation employees signed a letter saying they had no confidence in Farmer.

The letter, given to commissioners, accused Farmer of being unethical, autocratic and abusive. It also charged the commission with failing to address serious morale problems in the office. Farmer denied those charges.

At yesterday's commission meeting, board members announced they were going to meet in executive session, and Farmer asked if they would be discussing his job. When commissioners said they would, he asked that the meeting be held in public.

Kaua'i commissioner Alfred Laureta, a retired state judge, told Farmer the closed-door meeting concerned "procedural matters" and included talks with a deputy attorney general.

After about a half-hour behind closed doors, the commission reappeared and immediately asked Farmer to resign. He refused. The board then voted to fire him.

Temporary chairwoman Mona Abadir told Farmer the commission had "no confidence, no trust" in him.

Farmer angrily accused the commission of violating the state's open-meetings law by deliberating the matter behind closed doors.

"It seems to me there was no open deliberation," Farmer told the commission.

Told again by Laureta that procedural matters were discussed and that a deputy attorney general was present, Farmer shot back, "That doesn't meet the straight-face test."

As Farmer left the meeting, he declined comment, saying he would have a statement later.

"I don't want to say anything right now that will make the commission look any worse than it already looks," he said.

Former chairwoman Eunice DeMello and attorney Ian Mattoch, two commissioners who had supported Farmer, resigned in the past week, one on Friday and one on Tuesday.

In a letter to Gov. Ben Cayetano, who appoints the commissioners, Mattoch said his resignation and that of DeMello had to do with the board majority's lack of support for Farmer.

"Mr. Farmer continues to enjoy the confidence of both Ms. DeMello and myself," he wrote. "Unfortunately, as in the case of the two preceding executive directors, Mr. Farmer has not received the support necessary to fully function as SFA's executive director."

Through his press secretary, Cayetano said: "The decision to terminate David Farmer is the SFCA board's, not mine."

Reach Jim Dooley at jdooley@honoluluadvertiser.com or 535-2447.