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Posted at 6:55 p.m., Friday, June 25, 2004

Attorney demands reasons from UH regents' firing of Dobelle

Associated Press

Ousted University of Hawaii President Evan Dobelle's attorney said Friday he wants, in writing, the reasons why the university's Board of Regents fired Dobelle before proceeding with a possible lawsuit.

If they are not provided "in very short order" along with documents and tape recordings of the regents' closed-door meetings on Dobelle's annual evaluation, he said he'll seek court subpoenas.

Attorney L. Richard Fried Jr. said without knowing the regents' reasoning for terminating Dobelle last week, three years into his seven-year contract, there was no reason for Dobelle to appear at the Friday news conference scheduled in Fried's downtown office.

Fried, head of the state's largest litigation firm, said he and the regents' hired attorney, Barry Marr, were to meet later Friday to discuss the situation.

Fried said once Dobelle and his attorneys are provided with the regents' information on why they terminated Dobelle's contract, it will be made public and he expects Dobelle will respond.

Regents leaders have said they can't release any details of their June 15 unanimous decision to fire Dobelle because Dobelle had not waived his right to privacy in a personnel matter under the state's "Sunshine Law."

Fried said the only thing Dobelle had received as of Friday was the "notice of termination" signed by 10 regents dated June 16, but not postmarked until June 22.

The letter said Dobelle's appointment agreement was terminated, effective July 23, but adds he is permitted to remain at his official residence, College Hill, until Sept. 21.

"President Dobelle's main interest and concern has been and continues to be the well-being of the university and its students and hopefully that's the interest of everybody involved in this whole matter," Fried said. "But that doesn't give the Board of Regents the excuse to trample his rights under his contract, under their own rules and under general due process guidelines."

He said a decision on whether there will be a lawsuit against the regents challenging their action, the manner in which it was conducted and enforcement of a $2.2 million payment for early termination in Dobelle's contract will depend on the information received on the matter, he said.

"He's obviously an extraordinarily prominent person. He's been defamed," Fried said, noting that the current edition of the American Council on Education's magazine, The Presidency, features Dobelle in its cover story.

Fried said the regents have only said they fired Dobelle for "cause," which would mean the university could avoid paying the $2.2 million early severance provision in his contract.

He noted that to meet the "cause" test, the regents had to find Dobelle had done one of three things: the first two being to be convicted of a felony, which he hasn't, or found to be mentally unstable, which he hasn't.

The third "cause" reason is showing moral turpitude, meaning egregious conduct, bringing public disrespect and contempt or ridicule on the university to the point that it could be grounds in a criminal conviction of the president or civil liability to the university, Fried said.

With the regents insisting that Dobelle's actions met one of the criteria, "how will that be for a man who's been president of three universities, an ambassador and chief of protocol for a president? How's that going to be when he goes back and tries to get a job somewhere else?" Fried said. "I think it's going to be remarkably difficult. He's damaged goods at this point."