Dobelle retains civil
trial attorneyRichard Fried is hired to look
into possible legal action against
UH’s Board of Regents
Former University of Hawaii President Evan Dobelle has retained a well-known Honolulu attorney to look into potential legal action against the UH Board of Regents for the "basis and circumstances" of the ousted college head's dismissal.
Dobelle said yesterday that he hired attorney Richard Fried after hearing that the Board of Regents had also retained its own lawyer, rather than relying on the university's counsel.
But Kitty Lagareta, the board's vice president, said regents hired attorney Barry Marr several months ago on advice from the university's lawyers.
She also said the president has had his own legal representation since September, when Dobelle and the regents clashed over his annual job evaluation and whether to make it public. She said the president asked the board to pay the bill for his personal legal counsel, which the regents refused to do.
Fried said in a telephone interview from Chicago yesterday that he has not heard of any reason to warrant Dobelle's firing "that would make sense."
"We're going to look into potential actions against the Board of Regents," Fried said by telephone from Chicago. "There's a number of actions we'll be looking at. ... We'll have a lot more to say" this week.
Regents have not said why Dobelle was fired "for cause" Tuesday night after an all-day board meeting. And Lagareta said the regents cannot release the reasons for Dobelle's firing or the Deloitte & Touche audit of his protocol fund until the board formally communicates the results of his third-year evaluation to him.
Board President Patricia Lee declined to comment yesterday and deferred questions to Marr, who could not be reached for comment.
Reached by phone in Michigan yesterday, where he is on family business, Dobelle said he has not been contacted by any regents to officially notify him that he was fired or discuss reasons for his dismissal. Fried said he has also not spoken with the board.
Lagareta said the board left several messages with Dobelle Tuesday, which were never returned.
"I think what's been difficult is this back and forth," Lagareta said. "I think that from our perspective, we're glad to have somebody (Fried) that we know that our attorney can be in touch with.
"There's still a need for closure," she continued. "We are anxious to look forward in the best interests of the university."
Some have raised questions about how the firing was handled, with Dobelle out of town and the public apparently learning of his dismissal before the former president.
A news release Dobelle issued yesterday said, "Fried is likely to retain other counsel with specialized expertise in several areas to assist him." The release also said Fried "will investigate the basis and circumstances" of Dobelle's firing.
Because Dobelle was fired "for cause" he is not entitled to a $2.26 million severance package, regents have said. Dobelle's contract is specific in defining "cause" as a conviction for a felony offense, mental instability or conduct that brings public disrespect, contempt or ridicule upon the university.
Dobelle said he would likely return to Honolulu tomorrow or Wednesday.
He is a tenured professor in the Urban and Regional Planning department at UH-Manoa, and has said he will seek a teaching position in the fall.
"My plan is to come back and talk to the chairman of Urban and Regional Planning and ask for direction," Dobelle said yesterday. "I love to teach and I'd be happy to teach.
"I love the University of Hawaii and I love Hawaii and this is a situation that will be unresolved for a while," he said.
Lagareta said the board will give acting UH President David McClain "a couple of days to gather his thoughts" before talking with him about his plans for the coming weeks and months. She also said Lee has appointed a task force to discuss how to go about searching for a new UH president.