Posted on: Tuesday, July 27, 2004

Dobelle's request for records rejected

By Beverly Creamer
Advertiser Education Writer

Attorneys for fired University of Hawai'i President Evan S. Dobelle have asked for copies of records turned over by the UH Board of Regents to the Office of Information Practices, but OIP director Les Kondo has turned down the request.

"Dr. Dobelle will not be asserting any right of privacy in connection with this matter based on the general descriptions in your letter of the categories of documents requested," wrote L. Richard Fried Jr., lead attorney for Dobelle's case, in replying to Kondo.

"However, without an opportunity to review the material in question, it is impossible to make a fully informed decision."

Fried noted that "Dr. Dobelle was shut out of his office and was denied access to any of his records or data, including his computer, so we have little to go on in responding to your request."

Kondo offered Dobelle's attorneys the chance to let his office know if any of the records turned over to the OIP "constitute an unwarranted invasion of your privacy."

Late yesterday afternoon, Kondo declined to release any of the records to Fried, saying that the university has "the burden of establishing that the statute allows it to withhold access to the records."

Kondo said in a letter to Fried's office: "In our opinion, Dr. Dobelle has adequate information and a sufficient understanding of the records to articulate his privacy interest, if any."

A number of records involving the regents' June 15 firing of Dobelle have been requested by Honolulu media outlets, and it's those records that are at issue.

They include the final copy of the Deloitte & Touche audit of Dobelle's discretionary protocol fund maintained by the UH Foundation; minutes of the regents' executive meetings in June during which his firing occurred; e-mails and messages between Dobelle and the regents regarding his attendance at the June 15 meeting; polls conducted by Opinion Dynamics Corp.; employment contract agreements between UH and Dobelle; correspondence regarding use of the UH Research and Training Revolving Fund; correspondence between the foundation and Dobelle regarding use of protocol funds; and records of renovations at College Hill and in Dobelle's Bachman Hall office.

Kondo's office will review the documents to determine whether there is an overwhelming public interest in their disclosure and report its findings back to the university.

It will be up to the university to decide whether to release them.