Dobelle evaluation heightens disputes

By Beverly Creamer
Advertiser Education Writer

In a deepening rift between the University of Hawai'i Board of Regents and UH President Evan Dobelle, at least one regent is calling for the president's private evaluation document to be made public.

"Whether it's the president of the university or any other high CEO, should those evaluations be public? Yes, as a matter of policy," said regent Ted Hong.

"For the Legislature and other concerned citizens — how are they going to tell whether the UH president or any other public official is doing what they're supposed to be doing?" Hong said.

In accordance with long-standing board policy on personnel matters, Board of Regents chairwoman Patricia Lee affirmed that the board will not release the document.

"We support the president's position that his evaluation is a confidential document," Lee said. "The Board of Regents will not release it unless legally ordered to do so."

Meanwhile, The Advertiser has learned that the two meetings at which regents interviewed people to prepare the president's evaluation were held in violation of Hawai'i "sunshine laws" intended to protect public access to information.

Hong said that the meeting "wasn't secret," but that regents failed to post a notice of the meetings with the lieutenant governor's office as required by law.

Hong said the board met twice, but he doesn't remember exactly when, or how many people were there. The meetings were held at the Innovation Center at UH's Research Corp.

"We were taking input from a number of stakeholders — students, union leaders, student representatives and the regents who had recently left," said Hong, who estimated that 20 people or so spoke with the board.

Office of Information Practices director Leslie H. Kondo said the board must post notices for all meetings under Hawai'i law.

"Whether there's a quorum or not, the board cannot meet to discuss business outside of a meeting," Kondo said. To legally have a meeting — even if they adjourn immediately into executive session — public notice must be given, Kondo said.

"If they were meeting and discussing it (Dobelle's evaluation) in a meeting or committee of the board, it should have been 'noticed.' "

The improperly publicized meetings could raise questions about the validity of the evaluation.

James Koshiba, a leading Honolulu labor attorney, said that a document prepared through such a process is "a document in question."

"Obviously it is in the public interest to know and understand just what went into the evaluation, or did not, and how it was done. The more openness you have in that system is important," Koshiba said.

However, Kondo said the lack of notice does not automatically void actions taken in the meeting.

"The attorney general has the ability to go into court and make it void," Kondo said. "Nothing is void automatically. The burden falls on the public or the attorney general's office to file an action to make them redo it (the evaluation) if it wasn't done properly."

Hong said Dobelle threatened to sue the board if his evaluation was made public, but regent Trent Kakuda said he doesn't remember hearing that, or "I must have been out of the meeting."

Dobelle would not comment on the situation because he said it was a personnel matter and he was bound by privacy concerns because discussions with the board took place in executive session.

But Paul Costello, spokesman for the university as vice president for external affairs and university relations, said Dobelle has objected to the review process.

"The review for the past year was now being conducted by regents who were not on the board during the year for which he was being evaluated," Costello said.

Of the 12-member board, six new regents appointed by Gov. Linda Lingle took office at the end of Dobelle's second year as president. The review period in question covered the 12 months before they took office.

"The president also raised questions concerning the scheduling of executive sessions, the kind of issue that has since been raised by others, including the director of the Office of Information Practices."

Costello's statement also said board policy states that "the goals and objectives" forming the basis for an annual review of the president must be mutually agreed to by the board and the present.

"The president has requested an opportunity to come to agreement with the current board on this issue," it said, "but that opportunity has not been scheduled."

Costello said Dobelle wants to resolve the issues "so that he and the board can be clear about their joint priorities for the university."

Reach Beverly Creamer at bcreamer@honoluluadvertiser.com or 525-8013.