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The Honolulu Advertiser
Posted on: Sunday, March 14, 2004

UH Board of Regents deals with potential conflict of interest issues

By Beverly Creamer
Advertiser Education Writer

Walter Nunokawa turned toward Peter Englert at the most recent Board of Regents meeting at the University of Hawai'i and pointed a finger in his direction.

"Just as long as it's clear you are responsible," he said of the Manoa chancellor's proposed reorganization of the campus and most especially the Office of Student Affairs, where Nunokawa's wife and daughter work.

The moment passed quickly, but it was notable in light of the continuing board narrative involving conflicts of interest.

Nunokawa, a member of the Board of Regents and a retired member of the Manoa faculty, is one of those sitting in judgment of a major reorganization of campus by chancellor Englert that directly affects two members of Nunokawa's family.

His wife, Lee Putnam, is a specialist in the Student Equity, Excellence and Diversity Program. His daughter, Jill Nunokawa, is civil-rights counselor in the Office of the Dean of Students and has been critical of the chancellor's reorganization efforts, especially what she sees as limited consultation with the staff.

Mamo Kim, special adviser to the chancellor, reacted strongly to any involvement by Nunokawa in discussions concerning the reorganization.

"This is an absolute conflict of interest," said Kim. "The only people who were against this reorganization, which is sorely needed, were the people from the Office of Student Affairs and the students they (OSA) got to testify for them (at the Board of Regents meeting). It's become such a political thing and his daughter is right at the forefront of it."

According to UH counsel Walter Kirimitsu, Nunokawa has not asked for any conflict ruling. Nor has he informed the board of the situation as it involves his wife and daughter. "As far as I know, he has not made any such inquiry or even made a disclosure to the board office," said Kirimitsu.

In response to an Advertiser query, Nunokawa said that three years ago he asked to be taken off the regents' Student Affairs Committee for this very reason — because his family members worked in the Office of Student Affairs. "That's why I'm not on that committee," he said.

He also said, "I've tried my best to stay out of those," referring to regents' discussions of the reorganization. However, he did not recuse himself during the most recent discussion, and said he has not "thought that far ahead" regarding the next meeting, when the reorganization is expected to come up for a vote.

Nunokawa said when the board is discussing the structural sense "meaning 'should there be an Office of Student Affairs,' I don't think I need to recuse myself there. If they start discussing more specific items, whether the dean of students should be dean or not, yes I would not be involved." Dean of Students Alan Yang was a doctoral candidate in the same department when Nunokawa was teaching.

Nunokawa said he does plan to recuse himself during discussions that specifically involve Putnam's job in the program headed by Amy Agbayani. And he said he would "certainly take the advice" of the leadership of the board, chairwoman Patricia Lee and vice chairwoman Kitty Lagareta, but he hasn't as yet asked them for it, he said.

Meanwhile, UH counsel Kirimitsu said he could not pass judgment on the situation, and would have to look into it first.

The board has been tough in the face of other potential conflicts of interest, and several months ago board chairwoman Lee went to UH attorney Kirimitsu for an opinion involving a potential conflict that involved herself because lawyers from her law firm, Goodsill Anderson Quinn & Stifel, hold several lucrative contracts with the university. Kirimitsu told Lee that if she recused herself from any discussions involving the project, she would not be in conflict.

Additionally, Regent Ted Hong asked for a ruling on whether he had a conflict because his sister represented the Office of Hawaiian Affairs in its suit against the National Aeronautics and Space Administration and the university's Institute for Astronomy over the W.M. Keck outrigger telescope project on the Big Island. Kirimitsu gave Hong the same advice he gave Lee.

Conflict concerns last summer brought the resignation of Maui regent Everett Dowling over a project on Maui, even though he recused himself from all discussions.

Most recently at the February meeting, the board was concerned because the Manoa administration raised the possibility of signing a contract for additional dorm space with a Waikiki hotel owned by former board chairman Burt Kobayashi, now vice chairman of the UH Foundation board. Administrator Rodney Sakaguchi said that the heads of two board committees had already been informed of the potential conflict.