Posted on: Tuesday, June 29, 2004
Dobelle 'resolution' sought
By Beverly Creamer
Advertiser Education Writer
Despite a public two-week standoff between the University of Hawai'i Board of Regents and Evan Dobelle, attorneys for the two sides have talked about a "resolution" to the controversy that has swirled since regents fired the president at 8:40 p.m. June 15.
"That's certainly one of the things we discussed," said Rick Fried, who met with board attorney Barry Marr on Friday after Fried held a press conference to threaten a subpoena for closed-door minutes of the meeting in which the board voted to fire Dobelle.
Fried said he also expects to subpoena the final draft of an audit of Dobelle's $200,000 protocol fund maintained by the UH Foundation.
Fried said his office "is still waiting for any information to justify their (the board's) position."
While regents have not explained the reason they fired Dobelle, board vice chairwoman Kitty Lagareta said reviews of the protocol fund factored into the decision.
Regents have said they can't release any details of their finding that they had "cause" to fire Dobelle because Dobelle had not waived his right to privacy in a personnel matter under the state's "Sunshine Law."
Fried contended that as Dobelle's attorney, he had informed the regents that Dobelle has waived that right, even though he has yet to be notified officially the reason or reasons.
Marr was scheduled to meet with the regents at 9:30 a.m. today, but Marr told The Advertiser he could not comment on whether he and the board would discuss settlement options.
Official notice of the special meeting said it was being called "to consult with legal counsel on questions and issues pertaining to the board's powers, duties, privileges, immunities and liabilities arising from the evaluation and termination of Evan S. Dobelle, and to discuss the board's powers, duties, privileges, immunities, and liabilities arising from the transition. ..."
Fried said he and Marr expect to meet as early as tomorrow.
"One of the things discussed was a potential resolution but it's way too early to say," said Fried, of his and Marr's first meeting on Friday.
On the eve of this morning's closed-door session between regents and their attorneys to discuss their firing of Dobelle, Fried announced he has put together a legal dream team with expertise in wrongful termination, defamation, civil rights and sunshine law.
Attorneys Mark Davis, John Edmunds, Jeff Portnoy (who also represents the Honolulu Advertiser in First Amendment issues) and David Simons have joined forces with Fried's firm of Cronin Fried Sekiya Kekina & Fairbanks to represent Dobelle in any potential suit against the board arising from his firing.
Fried said each of the attorneys offered their help and each is nationally recognized in his field.
The Associated Press contributed to this report. Reach Beverly Creamer at bcreamer@honoluluadvertiser.com or 525-8013.
