In a letter that prompted discussions by the Board of Regents on the future of University of Hawaii President M.R.C. Greenwood, her attorney asked the regents for a $2 million settlement — and offered text messages and a recording that he said showed inappropriate political pressure from the governor and top lawmakers to reinstate former athletic director Jim Donovan.
Greenwood’s attorney, Jerry Hiatt, asked for the $2 million for Greenwood to leave UH because the pressure placed on Greenwood is "a clear violation of her contract, which is premised on her ability to act independently and to be free of inappropriate threats."
Hiatt also said Greenwood could have cause under the Whistleblower Protection Act, which provides for legal action for employees discharged, threatened or discriminated against for reporting violations of law.
The Oct. 2 letter was first reported Tuesday by Hawaii News Now.
It was withdrawn last week, according to Hiatt and UH attorney William McCorriston. But the regents have held three closed-door meetings to discuss Greenwood’s employment contract since Oct. 2 and are scheduled to hold another executive session meeting Thursday.
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GREENWOOD SETTLEMENT DEMANDS
An attorney for M.R.C. Greenwood, president of the University of Hawaii, sent a letter to the Board of Regents on Oct. 2, asking for a fair settlement if the regents wanted Greenwood to leave the university. The letter was withdrawn last week. It called for:
>>$2 million for a complete release from her contract.
>>A confidentiality agreement.
>>Discharge without cause.
>>A favorable letter of reference.
>>President emeritus status.
GREENWOOD’S POSSIBLE LEGAL CLAIMS
The letter also offered transcripts of a text message, notes and a recording that Greenwood’s attorney says showed inappropriate political pressure from the governor and legislative leaders to reinstate former athletic director Jim Donovan. In a legal summary the letter suggested Greenwood had cause for:
>>Breach of contract.
>>The Whistleblower Protection Act, which provides for legal action for employees discharged, threatened or discriminated against for reporting violations of law.
>>Violation of public policy.
>>Defamation, physical illness and emotional distress.
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The letter included a transcript of a voice message left by Gov. Neil Abercrombie after an Aug. 10 meeting of Greenwood, Abercrombie, the governor’s special assistant Marvin Wong and Chief of Staff Bruce Coppa. The letter also included transcripts of a text message from Coppa and Greenwood’s notes from the meeting.
Hiatt said the notes and transcripts showed "inappropriate pressure from the highest levels for improper political purposes which has threatened the independence of UH and the reputation of Dr. Greenwood."
A spokeswoman for Abercrombie denied that the governor tried to exert political pressure on Greenwood and said he was offering advice in response to her request for it.
In an emailed statement, spokeswoman Louise Kim McCoy said, "The governor has always acted in the best interest of the state and the university. The governor did not put any pressure on President Greenwood. In fact, when President Greenwood asked the governor for advice on how to handle the situation at UH, the governor suggested options to President Greenwood in response to her request."
During a Sept. 24 Senate hearing, Greenwood testified that she did not think the governor was telling her what to do and that she believed he was offering her advice.
However, Hiatt’s letter said Greenwood’s notes from the meeting show a direct threat that if Donovan was not reinstated, Greenwoodcould expect "that the university budget would be in deep trouble at the Legislature."
Hiatt also said a text from Coppa on the same day mentions that Wong talked with the Senate president and House speaker and that "they would like the option of Jim back as AD as discussed this morning."
Hiatt also quoted in the letter a transcript of a voice message from Abercrombie on Aug. 16 that he said shows Abercrombie asking Greenwood to call a special meeting of the board to reinstate Donovan to the AD position.
"I assure you, if this issue is not resolved, decisively on Wednesday, by Thursday, you’re going to be in the thick of a Senate investigation and all that entails," Abercrombie said, according to the transcript.
State Sen. Donna Kim, who chaired the Senate hearings on UH-Manoa’s loss of $200,000 in the Stevie Wonder concert scam and its aftermath, has said that she called for the hearings because of a lack of accountability and transparency by the Board of Regents and that the hearings were not prompted by political pressure to reinstate Donovan.
Hiatt said Greenwood does not blame the leadership of the Board of Regents, has enjoyed working with the board and has appreciated their support during her tenure.
However, the letter states that Greenwood has "regrettably concluded that she has not been given the ability to function independently, as is required of the office of the President of UH, and she has been severely defamed."
It continues, "Greenwood does not intend to cave in to the pressure and to reinstate Mr. Donovan."
Hiatt also wrote that Greenwood had suffered high blood pressure, sleeplessness, stomach problems and other serious physical illness because of defamatory comments that portray her as being dishonest and untrustworthy.
"Her enviable career and her hard won and extraordinary reputation have been placed in question," Hiatt wrote, adding that she would be entitled to recover claims if the matter was not resolved.
He said the damages would exceed the $2 million settlement offer.
In a phone call Tuesday, Hiatt would not say why the letter was withdrawn.
"Dr. Greenwood has diligently been doing her job to protect the independence of the university, and she expects to continue doing that for the rest of her term," Hiatt said.
Greenwood’s contract ends in 2015.
