Release of Dobelle evaluation possible
By Beverly Creamer
Advertiser Education Writer
The public has a right to see University of Hawai'i President Evan Dobelle's 2003 evaluation, according to an opinion released yesterday by the state Office of Information Practices.
OIP officials noted that their findings "will not be without dispute" and gave Dobelle five working days in which to file suit to block release of the document if he so chooses.
Dobelle said he had not yet read the opinion, but said he is not about suing, but about leading. He also said that the document in question was created through "a flawed process" which has also been pointed out in an earlier official OIP opinion.
"The open process and the Sunshine Laws were violated and the whole process was flawed which obviously therefore produced a flawed document," Dobelle said.
Public release of the president's evaluation from last year — and the expectations on which it is based — outweighs the president's privacy interests, according to the opinion by OIP director Leslie H. Kondo and attorney Carlotta Dias.
The opinion said that while the evaluation may be "embarrassing" to Dobelle and may affect his reputation, its release is in the public interest because of the UH president's high position.
"The Evaluation and the Expectations are public," said the findings in response to requests from two media outlets.
"While President Dobelle has a significant privacy interest in those records, his privacy interest is diminished by, among other things, the fact that he is a high ranking State employee who is responsible for managing the State's public university and community college system."
Dobelle's evaluation has been a point of contention between a number of regents and the president for many months. UH Regent Ted Hong had been most outspoken in calling for the president to make the evaluation public, but board chairwoman Patricia Lee has steadfastly refused, citing the privacy given to all personnel issues at the university.
But in February, both sides publicly said they had finalized the evaluation, and were moving on.
That same month the OIP issued an opinion saying Dobelle's rights had been denied during the evaluation process because proper notice was not given for the meetings to evaluate him, the agenda was changed in executive session, and the president was not allowed to make the process public.
The regents offered confidentiality to those who testified, and have refused to release names.
"I'm not overly concerned about commentaries given by anonymous people in secret," Dobelle said yesterday in reaction to the new OIP opinion. "My intention is to go forward and to have an open process (regarding the evaluation) in the future.
"The results of my tenure have been an increase in admissions; fund-raising and research dollars up; a medical school that's no longer a dream but is in the ground, on budget and ready to open; a Cancer Center on line in Washington; the film school opened; maintenance and repairs addressed; a strategic plan in place and accreditation for 10 years given."
Lee said the board will meet next week in a special session to consult with counsel and make a decision about release of the documents. Dobelle said he would also be meeting with the board next week.
Reach Beverly Creamer at bcreamer@honoluluadvertiser.com or 525-8013.
