The state Senate Education Committee unanimously voted Wednesday to recommend retired bank executive Don Horner for a second term on the board overseeing Hawaii public schools, crediting his leadership as chairman for recent strides in student achievement and more accountability within the Department of Education.
Horner’s nomination by Gov. Neil Abercrombie for reappointment to the Board of Education next heads for a full Senate vote, but proved controversial particularly among gay rights activists and atheist groups, who took issue with his Christian faith.
During a three-hour confirmation hearing, critics blasted Horner — a volunteer pastor for New Hope Diamond Head who teaches a weekly evening Bible class — for being affiliated with a church that opposed same-sex marriage and was one of several churches sued for allegedly shortchanging public schools on rental fees. Two people called for him to resign.
Horner, who also is a member of the Hawaii Pastors Roundtable, was accused of everything from failing to maintain separation of church and state and violating the state’s Ethics Code to using a racial slur and coercing the schools superintendent to lower rental rates for churches.
Sen. Sam Slom (R, Diamond Head-Kahala-Hawaii Kai), the Senate’s lone Republican, defended Horner, saying: "I was really discouraged by a lot of the testimony today. I am a strong advocate of free speech, but not false speech, and there were so many outrageous and false statements made … and ad hominem attacks.
"People came here with an agenda and had very few comments that were directly related to the Board of Education."
Another senator questioned whether the personal attacks constituted religious bigotry.
In all, about 60 individuals submitted testimony opposing Horner’s appointment, while about 30 people supported him.
Horner deflected most of the accusations when later asked about allegations by lawmakers. He said a testifier’s portrayal of him as a "homophobic pastor" was inaccurate and baseless.
"It’s been a sincere privilege to serve all of the children — and I do mean all the children — in the state of Hawaii for the last three years," Horner said.
Horner was one of Abercrombie’s initial appointments to the volunteer board, after a 2011 constitutional amendment voters approved that did away with an elected school board. Horner is chairman of the board and its Audit Committee.
Those supporting Horner’s reappointment included several of his fellow BOE members, the Hui for Excellence in Education, Hawaii Association for Independent Schools, state Public Charter School Commission and Hawaii Friends of Civil Rights.
BOE Vice Chairman Brian De Lima highlighted some of the accomplishments under Horner’s leadership, including implementation of a first-ever joint BOE-DOE strategic plan; a plan to ensure all schools are accredited within the next five years; increased accessibility to the board through stakeholder meetings, office hours and a hotline; and implementation of a new charter school law to increase performance and accountability of charter schools.
Kathryn Xian, a social activist who has sought to empower women through Girl Fest Hawaii, testified that Horner "is not in a position to be impartial in the education and positive environment for learning pertaining to all youth in Hawaii," a demographic that she said is diverse in terms of sexual identity.
"He does not have the best interests of LGBT youth in mind," said Xian, who is running for Congress.
Hawaii Citizens for the Separation of Church and State founder Mitch Kahle and his wife, activist Holly Huber, strongly opposed Horner’s nomination in writing but were absent from Wednesday’s hearing.
The couple last fall sued five Oahu churches — New Hope Oahu, New Hope Hawaii Kai, New Hope Kapolei, One Love Ministries and Calvary Chapel Central Oahu — for allegedly underpaying the state for use of public school facilities by more than $5.6 million over the past six years. (The three New Hope churches have since come to a monetary settlement in exchange for being dropped from the lawsuit.)
As part of an investigation leading up to their lawsuit, Kahle and Huber obtained copies of a Sept. 15, 2012, letter from the Hawaii Pastors Roundtable and an Oct. 4, 2012, letter from New Hope Oahu Executive Pastor John Tilton, both addressed to Horner asking for a policy change to the rent structure at schools and to lift a five-year lease limit.
Schools Superintendent Kathryn Matayoshi subsequently advised schools that renewal applications should be decided on a case-by-case basis and not be automatically denied after five years of accumulated use. The following year (the rate can be adjusted only in odd-numbered years), Matayoshi sent out a memo outlining lowered rates to charge third-party users.
The correspondence was cited Wednesday by several opponents as a conflict of interest by Horner.
Horner said the Board of Education has nothing to do with setting rental rates. He also said he does not sit on any church board of directors or have any decision-making role with his church.
Horner said he obtained his pastor license so he could teach his Bible class. The church he attends does not rent school facilities.
Some opponents complained about a lack of transparency at BOE meetings and that the public can’t speak out about concerns that aren’t listed on a meeting agenda — areas Horner committed to work to improve.
Sen. Jill Tokuda (D, Kailua-Kaneohe), chairwoman of the Education Committee, said she wholeheartedly recommends Horner.
"I have spent much, much time with Chair Horner in discussions about public education and what we want for our students and what we want for our schools," she said. "I believe in a strong separation of church and state, and having spent as much time as I have with Chair Horner from school health to civil rights … I have never at any point — ever — whatsoever felt that he was trying to impose his religious views on our school system. And I assure you, I would know it."
