Attorney Rick Fried addressed the press yesterday about the firing of his client Evan Dobelle from his job as UH president.
Dobelle’s attorney
demands answersRick Fried threatens to sue
if UH regents do not say why
the president was fired
The attorney for Evan Dobelle said yesterday they still do not know why the former University of Hawaii president was fired "for cause" on June 15.
Lawyer Rick Fried held a news conference yesterday without his client present. Dobelle had been scheduled to be there, but Fried said that because they do not know why Dobelle was fired, there was no reason for him to show up.
Fried said he wrote the university last week seeking audiotapes of the June 2 regents' meeting where Dobelle's evaluation was discussed, and of other closed-door meetings of the board.
He also requested the final Deloitte & Touche auditor's report of Dobelle's protocol fund. The auditor's report was one of the factors in the regents' decision to fire Dobelle.
Fried said he needs the records to decide whether to file a lawsuit and what kind of lawsuit to file.
If he does not get the records soon, Fried said, he will go to court to get them.
"I think there's been plenty of time. The Board of Regents made that decision on June 15. Presumably they had a reason," Fried said.
All legal options are open, he said, including breach of contract and/or a defamation lawsuit against the regents and the university. The regents could also be sued as individuals, Fried said.
Because Dobelle is a public figure, he would have to prove that the regents acted with malice when they fired him to collect damages for the loss of his reputation in a defamation lawsuit.
Fried acknowledged that is a high standard, but, he said, Dobelle's contract also has a high standard of proof to deny him $2.26 million severance payment by firing him "for cause."
According to Dobelle's contract, he can only be fired for cause if his conduct constitutes moral turpitude, brings public disrespect upon the university or constitutes grounds for criminal conviction or civil liability.
"What's defamation of character is the way this thing was handled. He has contacts all over the country who are wondering what in the world went wrong with President Dobelle out here in Hawaii. He's had a flawless reputation, and now what -- they came out and said there was cause for firing him," Fried said. "It's hard to un-ring the bell."
Fried met with the regents' attorney Barry Marr yesterday afternoon.
He described it as an "informational session" and said Marr is meeting with the regents next week before deciding what documents to release.
Regents are scheduled to meet with Marr behind closed doors Tuesday morning.
The public notice said the executive-session meeting is 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."
Board Chairwoman Patricia Lee said the regents need their lawyers' OK before releasing the reason for Dobelle's firing.
She said Dobelle's firing was announced publicly before he had been told about it because an Office of Information Practices legal opinion requires them to announce decisions made in executive session.
Dobelle was formally notified of his firing in a letter dated June 16 and signed by all 10 regents. The letter was postmarked Tuesday and sent to his College Hill home.
The letter informs him that his appointment as president has been terminated effective July 23 and that he will be allowed to stay at College Hill until Sept. 21.
"President Dobelle's main interest and concern has been and continues to be the well-being of the university and its students, and hopefully that's the interest of everybody involved in this whole matter," Fried said. "But that doesn't give the Board of Regents the excuse to trample his rights under his contract, under its own rules and under general due-process guidelines."
A letter from the University of Hawaii Board of Regents displays all the members signatures approving the dismissal of President Evan Dobelle.
