State Sen. Donna Kim says pressure from the public, not politics, prompted a Senate committee investigation and hearings into the failed Stevie Wonder concert and its aftermath, including the controversial reassignment of former athletic director Jim Donovan to a newly created marketing job in the University of Hawaii at Manoa chancellor’s office.
Kim, the chairwoman of the Special Senate Committee on Accountability, said she and other legislators began receiving angry calls from constituents after UH lost $200,000 in an alleged concert scam in July and August, when Donovan was reassigned to the chancellor’s office under a three-year contract with an annual salary of $211,200.
She said she had no knowledge of Gov. Neil Abercrombie’s Aug. 10 meeting with UH President M.R.C. Greenwood until it was revealed during a Senate hearing and she did not know of Abercrombie’s voice message to Greenwood on Aug. 16 until a letter from Greenwood’s attorney to the Board of Regents was obtained by reporters on Tuesday.
The Oct. 2 letter prompted regents to begin closed-door talks on Greenwood’s employment contract, talks that will continue today at the board’s monthly meeting on Maui.
The letter, which was withdrawn last week, offered notes, a text message and a recording left by Abercrombie on voice mail as evidence of what Greenwood’s attorney Jerry Hiatt called "inappropriate pressure" from the governor, Senate President Shan Tsutsui and House Speaker Calvin Say to reinstate Donovan as athletic director.
According to a transcript of Abercrombie’s voice mail quoted in the letter, the governor urged Greenwood to call a special meeting of the regents to reinstate Donovan or "you’re going to be in the thick of a Senate investigation and all that entails."
But Kim (D, Kalihi Valley-Halawa) said while there may have been talk about holding hearings around the time of the governor’s call, the decision wasn’t made until an Aug. 22 regents meeting prompted a public outcry about a lack of transparency and accountability at UH.
Regents met for 71⁄2 hours behind closed doors on Aug. 22 and, without any public discussion, issued a statement of support for Greenwood and Manoa Chancellor Tom Apple and affirmed the decision to reassign Donovan.
Kim said she called board Chairman Eric Martinson on Aug. 20 and told him that the regents should hold a public hearing so that the Legislature would not have to step in.
When that didn’t happen, Kim said she responded to public pressure and announced a Senate investigation and hearing.
Republican Sen. Sam Slom, a member of the Senate accountability committee, agreed with Kim.
"All of us received hundreds of phone calls and messages that we should do something because the university is out of control," Slom said.
On Wednesday, both Say and Tsutsui would not comment on Greenwood’s letter and the allegations that they improperly tried to influence Greenwood to reinstate Donovan.
On Tuesday, Abercrombie, through his spokeswoman, denied trying to interfere in university personnel decisions and said he was responding after Greenwood asked him for advice on the situation.
On Wednesday, U.S. Sen. Daniel Inouye, through his spokesman, Peter Boylan, reiterated his support for Greenwood and said it was "unfortunate that this demand letter, written when emotions were running high," was leaked to the media a week after it was withdrawn and "just as practical discussions were beginning relating to the future of the University of Hawaii."
The letter revealed that Greenwood asked for a $2 million buyout to resign from the university as a fair settlement of potential legal claims, including breach of contract and possible violations of the Whistleblower Protection Act. Hiatt said Greenwood’s reputation had been damaged and she suffered "serious physical illness" as a result of defamatory comments that she was dishonest and untrustworthy.
Boylan said the release of the letter "was obviously intended to ignite emotions and tempers."
Greenwood’s notes from the Aug. 10 meeting suggested that the university’s budget would be "in deep trouble" at the Legislature if she did not reinstate Donovan.
Kim, a member of the Senate Ways and Means Committee, which controls the UH state budget request, said the university will be treated like everyone else during the budget process.
"The university’s budget is always threatened," she said. "Everybody’s budget is always threatened. There’s only so much money to go around."
Kim said the Senate accountability hearings raised questions about spending at the university that may cause some senators to take a closer look at financial practices.
The accountability committee will discuss its final report from its hearings and its recommendations to the university at a informational briefing on Monday.
Kim said even though the university has autonomy, the Legislature reserves the right to examine spending at UH.
She said while Greenwood has the autonomy to make personnel decisions, like reassigning Donovan, people have the right to question her decisions.
"It was a controversial decision which people criticized her for," Kim said, noting that Greenwood is paid a lot of money to make decisions. "But that’s what happens and then you are asked to justify them and be accountable for them. If that choice caused pressure, or caused her to feel pressure, then that’s part of the job."