Dobelle lawyer blasts regents

By Beverly Creamer
Advertiser Education Writer

The attorney for ousted University of Hawai'i president Evan Dobelle yesterday accused the Board of Regents of failing to follow proper procedures in firing him and said he was considering a lawsuit that would involve character defamation and contract violations.

Rick Fried, attorney for Evan Dobelle, said yesterday that neither he nor Dobelle has been given a reason for Dobelle's firing. Rebecca Breyer • The Honolulu Advertiser

Fried said he may also seek a subpoena for documents he said the regents have refused him, including the final copy of the Deloitte & Touche audit of Dobelle's $200,000 protocol fund managed by the UH Foundation, as well as tape-recorded minutes of a number of meetings in executive session, including the June 15 meeting at which Dobelle was unanimously fired.

Although the regents announced that Dobelle was dismissed "for cause," which would free the university from paying out a severance package of more than $2 million, Fried said neither he nor Dobelle have been told the reason he was let go. Regents vice chairwoman Kitty Lagareta has said the reviews of the protocol fund factored into the decision.

Fried was scheduled to meet with regents attorney Barry Marr and said he would hold off from a subpoena until after the board meets with Marr on Tuesday, at which time regents are scheduled to discuss in executive session "legal counsel questions and issues pertaining to the board's powers, duties, privileges, immunities and liabilities arising from the evaluation and termination" of Dobelle.

Calls to Marr for comment yesterday were not returned.

At yesterday's press conference, Fried — flanked by three other members of his law firm — left the door open for a negotiated out-of-court settlement of the issues between Dobelle and the board.

But he also talked about the potential for a suit once his office has documents requested from the board, and that he would be going after damages on Dobelle's behalf.

Fried also said regents may be personally named in any suit, and may be personally liable for damages depending on the nature of a lawsuit.

"If they're going to wait until he's out of town, tell the press before they let him know he's fired, shut off his computer and phone, change the office locks, you would think they would at least give him the basis for his termination," Fried said.

"Now we get a letter saying his termination is effective in about a month. So the question we have, and everyone has, is where are we? ... I've seen nothing that says he isn't president."

Fried was referring to the letter Dobelle received from the board Thursday stating that his termination was effective July 23, which Fried said raises the question of whether Dobelle continues to be the legal president of the university. The letter made no mention of cause, or of a month's leave with pay, which the regents spoke of on the night they announced they had fired him.

Board of Regents executive administrator and secretary David Iha said last night, "Dr. Dobelle is no longer the president of the University of Hawai'i. On June 15 the board placed him on 30 days paid administrative leave and appointed David McClain as acting president. The period ends on July 23."

Fried addressed questions concerning the audit, noting that while the paperwork was sloppy, it had been approved by the foundation, and the president's office had responded in detail "to all allegations in the draft."

"This isn't even taxpayer money," Fried said.

A draft copy of the audit shows a series of slipshod accounting procedures mixed among four offices, a mixing of personal and business expenses, both of which were paid for by the fund and later reimbursed. However, auditors in the draft document passed no judgment on whether the issues they flagged would constitute cause for dismissal.

Fried also pointed out that because of the state and university's tight fiscal situation two years ago, Dobelle had voluntarily given up an automatic 6.78 percent annual raise called for in his contract. It would have amounted to $28,000 annually and would have totaled about $200,000 over the years of his contract, said Fried.

"For anyone to argue he was trying to make a penny here or there when he gave up monies of that substance, I think has no grounds," Fried said. "If there was any intent to chisel a few bucks, why would he do that?"

Fried said he would open up records once he received them from the regents.

"Let's put sunshine on this," he said. "We're not going to hide things from anyone."

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