It looks like the university is going to lose another lawsuit over its all too familiar failure to comply with the state’s public records law.
This case stems from the recent flap over allegations that Senator Dan Inouye’s staff, communicating directly or through the governor’s office, put inappropriate pressure on a hearing officer appointed by the Board of Land and Natural Resources to handle a contested case hearing on the University of Hawaii’s application for a permit to build the advanced technology solar telescope in a conservation district at the summit of Haleakala. The hearing officer later complained publicly about the external pressure. Two weeks later, he was fired.
Subsequently, a group challenging the university’s telescope project asked the university to disclose any correspondence or emails with Sen. Inouye or Gov. Abercrombie or their staff during the period the project was being pushed forward.
When university attorneys denied the request, attorney David Kimo Frankel of the Native Hawaiian Legal Corporation filed suit on behalf of the group, Kilakila ‘O Haleakala, seeking disclosure under the state’s open records law.
Circuit Court Judge Rhonda Nishimura has now issued a verbal ruling in favor of disclosure, according to Frankel. Attorneys are currently awaiting the judge’s written order, Frankel said.
It’s just another instance where university officials have spent time and money trying to defend unjustified secrecy instead of living up to their own pronouncements favoring transparency. It’s not a major case, but the correspondence at issue could provide an unusually candid look at behind the scenes lobbying and political pressures. Stay tuned.
Discover more from i L i n d
Subscribe to get the latest posts sent to your email.
Terribly slow learning curve at Manoa and throughout the very flawed statewide Greenwoood system.
If a U.S. Senator, directly or indirectly through his staff or our sitting Governor’s Office, actually tried to pressure a Hearings Officer in a Contested Case involving our State University, that would be a very serious matter.
A Hearings Officer is sitting as a Judge, and any attempt to sway a Hearings Officer’s decision, should be viewed no differently than an attempt to similarly influence a Judge.
The allegations are difficult to believe, for any number of reasons, but you are spot on that these communications could be an interesting read.
DKI is also an attorney, I believe, and should not only know better as a general matter but know that he is prohibited by the rules of professional conduct from engaging in ex parte communications with a tribunal.
These are very serious allegations and the fact that UH is trying to do a cover up concerns me greatly as an alum and taxpayer.
The FBI should be looking into this along with whatever state agency would be concerned with perversion of legal processes.
I just don’t get it. Inouye goes through his entire career and only now decides to strong arm a hearing officer to side in his favor? Seems extremely callous to risk ones entire career and life’s body of work over something so petty. Unless of course, Dan’s a chronic bully that just hasn’t been caught…
I wonder what Bishop Museum has to say about this. Sounds familiar?
The type of insurance the University of Hawaii had planned to buy for its ill-fated Stevie Wonder concert wouldn’t have protected it against the apparent fraud that was perpetrated, a prominent local attorney said.
James Bickerton, a partner in the firm of Bickerton Lee Dang & Sullivan: “It means UH would be protected against people claiming for a refund. As far as getting their own money back, no, it would not have protected them.”
This has become the official dictionary example of FUBAR.
The Hearings Officer asked UH to disclose whether it was behind DKI’s pressuring him. That’s what got him fired. UH wanted him fired, even though he had already ruled in its favor. Interesting to see that the Judge now wants the same question answered.