honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser

Posted on: Sunday, August 1, 2004

COMMENTARY
Settling Dobelle dispute lets UH move forward

By William C. McCorriston

"Bizarre" was an unfortunate choice of words used by The Honolulu Advertiser in referring to the joint statement from Evan Dobelle, mediator Warren Price, and the University of Hawai'i Board of Regents.

Continuing the Dobelle case in court would have been costly.

Advertiser library photo

We can think of better ones: "constructive," "forward thinking" and "in the best interests of the university" certainly come to mind.

We do not believe it was bizarre to resolve a difficult, complex matter through mediation. From the outset, the board believed mediation was the best option for the university because of the need to balance a protracted and expensive legal dispute with its primary duty and responsibility to govern.

Indeed, The Advertiser voiced a similar viewpoint on its editorial page at the time.

With the settlement in place, regents can devote their full attention and best efforts to their single purpose: Advancing the UH system for the benefit of students, faculty, and our community.

We acknowledge the public frustration in being unable to learn the details about Dobelle's termination for cause, as well as the way in which the termination was accomplished. At all times the Board of Regents has tried to balance the need to do the public's business "in public" with the privacy rights of Dobelle.

As stated in the mediated settlement agreement: "The University of Hawaii and Dr. Dobelle regard and have always regarded their mediation efforts to be a confidential attempt to resolve a legal dispute in anticipation of litigation over a personnel matter."

We will not violate our commitment to confidentiality as it relates to matters addressed through mediation. But there are certain undisputed facts that should inform public discourse:

The regents believe they have acted responsibly in all actions regarding Dobelle, including those relating to the termination issue. Resolving this matter in court would have been a long, expensive road for both sides, even in a "best case" scenario. From the regents' perspective, this would take valuable time, energy and resources that they would much rather apply to moving the university forward.

The financial terms of the settlement are favorable to the university. A fair estimate of exposure for the university and the state in this situation — given Dobelle's appointment agreement and his various side agreements — was $3.5 million to $4.5 million, well beyond the published figure of $2.2 million.

With issues surrounding Dobelle's firing settled, the Board of Regents can focus on making the university better.

Bruce Asato • The Honolulu Advertiser

The university's open-ended obligation to employ Dobelle as a tenured professor is eliminated. The university will be fully repaid for its short-term contribution of premium payments for his life insurance policy. So just from an economic point of view, this settlement is advantageous.

Taxpayers and students are ultimately better off with this agreement than without it. The settlement is partially self- funding. UH will enjoy significantly reduced staff and compensation costs associated with Dobelle and the personnel he recruited.

The university's liability insurance carrier has consented to the settlement and will contribute to it, although the exact amount is still to be determined. Together — with the savings, contributions from insurance and other sources — we are absolutely confident that existing programs and departmental budgets will not be impacted at all by the settlement.

Put another way, for every dollar not paid to Evan Dobelle and his recruits, there is one more dollar available for student housing, parking, and much needed programs.

Any way one looks at it, the settlement is positive and constructive for UH both short-and long-term. With this matter now behind us, the Board of Regents can look forward to a new era of progress and advancement.

The University of Hawai'i deserves nothing less.

William C. McCorriston is attorney for the University of Hawai'i Board of Regents.