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Settlement possible
in Dobelle firing

The former president's side
says it is "open to talks" after
regents meet with their lawyer


Attorneys for the University of Hawaii Board of Regents and fired UH President Evan Dobelle expect to meet as early as today to take the first steps in what may be a long legal dance.

Neither attorney ruled out the possibility of a settlement that would avoid a court battle over Dobelle's termination.

Barry Marr, the private attorney hired by the regents, met with his clients for several hours in a closed-door meeting yesterday to discuss their legal options.

Marr had no comment on why Dobelle was fired or specifics of what he and the regents talked about in executive session.

But, in general terms, he said, "I think it's usually, almost inevitably, in the parties' best interest to try to reach a settlement out of court."

In response, Dobelle's attorney Rick Fried said, "Certainly we're open to talks."

However, Fried added that he would be prepared to take the regents to court.

Fried is still waiting for Marr and the regents to tell him the board's reasons for Dobelle's firing.

On June 15, the regents voted unanimously during a 12-hour, closed-door meeting to terminate Dobelle's contract "for cause."

The firing "for cause" is significant because, if it holds up under a possible court challenge, it means the university does not have to pay the $2.26 million severance called for in Dobelle's contract.

Marr said he could not say yet when the regents would be able to tell the public why Dobelle was fired.

Fried has threatened to go to court if the regents do not provide a copy of the Deloitte & Touche final audit report on the former president's protocol fund, which was a factor in Dobelle's termination. He is also seeking tape recordings of key closed-door meetings in which Dobelle's evaluation was discussed.

On Monday, Fried announced that attorneys Mark Davis, John Edmunds, Jeffrey Portnoy and David Simons had joined Dobelle's legal team.

At yesterday's five-hour meeting, Marr, his partner Kenneth Hipp, and another attorney from his office met with the regents and several attorneys from the university general counsel's office.

Marr left Bachman Hall at about 1:15 p.m., but Hipp continued to meet with regents. The meeting recessed at about 3 p.m. It was not clear when the regents would meet again with their attorneys.

Even after the other regents had departed, board chairwoman Patricia Lee and vice chairwoman Kitty Lagareta continued to talk with attorneys behind closed doors until about 5 p.m.

"I have nothing to say," Lagareta said during a break in the meeting.

As both headed out to the parking lot after going out a back door, Lee said, "All our comments are being made by Barry Marr."



University of Hawaii
www.hawaii.edu

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