"KSBE TRUSTEE UPDATE, by Rick Daysog" - (An Exhibit in CV05-00030 - U S Dept of Justice vs Harmon)
Friday, July 17, 2009 5:14 AM
From: Bobby N. Harmon, CPCU
To: "President Barack Obama" , "U.S. Attorney General Eric Holder" , "David Farmer" , "Steven Guttman" , "Carol K. Muranaka" , "Judge David A. Ezra" , "Judge Kevin S.C. Chang" , "Judge Barry M. Kurren" , "Securities & Exchange Commission Enforcement Division" , "U.S. Treasury Dept. Office of Inspector General" , "Office of Inspector General US Dept of Justice" , "Executive Office for U.S. Trustees" , "Judge Robert Faris" , "SEC Office of The Inspector General" , "Hawaii State Bar Association" , "Hugh Jones" , "Insurance Division Fraud Branch" , "Lawrence Reifurth" , "Linda Lingle" , "Jo Ann Uchida" , "Office of Inspector General Civil Rights Complaints" , "Mark Bennett" , "American Arbitration Association" , "Judith Neustadter" , "Benjamin J. Cayetano" , "All Representatives" , "All Senators" , "Andrew Walden" , "Aon Insurance Managers" , "Arthur Rath" , "Benjamin Kudo" , "Bradley Tamm" , "Carl Morton" , "Charles Hurd" , "David Shapiro" , "Dee Jay Mailer" , "J C Shannon" , "James B Nicholson" , "James B. Farris" , "James Cribley" , "James Wriston" , "Jeffrey Watanabe" , "Jim Dooley" , "Joe Moore" , "John D. Finnegan" , "Judson Witham" , "Ken Conklin" , "Lyn Flanigan Anzai" , "Margery Bronster" , "Marsh Affinity Group" , "Michael N. Tanoue" , "Michelle Tucker" , "Nathan Aipa" , "Paul Alston" , "Randall Roth" , "Rick Daysog" , "Robert Bruce Graham" , "Robin Campaniano" , "Samuel P. King" , "William K Slate" , "Jim Terrack" , "Rocco Sansone" , "Ted Pettit" , "Laura Thielen" , "Vaughn & Lynda Robinson" , "Rebecca Christie" , "Catbird" , "James Duca" , "Ian Lind" , "Roy F. Hughes" , "Jack Cashill" , "Marshall Chriswell" , "Laser Haas" , "Lucy Komisar" , "Democrats.com" , "Debra Sweet" , "Jane Kirtley" , "John Jubinsky" , "Yamil Berard" , "Global Exchange" , "William K. Black" , "Carole Williams" , "Susan Tius" , "Human Rights in China" , "Michelle Malkin" , "Phil J. Berg" , "Amnesty International U.S.A." , "Michael Moore" , "California Anti-SLAPP Project" , "Thomas Fitton" , "Ron Branson" , "ACLU of Kentucky" , "ACLU Online" , "Louanne Kam" , "Paul Kiel" , "Fiona Tarazi" , "Eric Martinson" , "Bruce Nakaoka" , "Oswald Stender" , "Crystal Rose" ... more
KSBE TRUSTEE UPDATE
July 16th, 2009 by Rick Daysog, Honolulu Advertiser
The state Probate Court will hold a hearing tomorrow morning on a new Kamehameha Schools trustee.
Finalists include Department of Hawaiian Home Lands Chairman Micah Kane, Hawaii Community Development Authority Executive Director Anthony Ching, and former Kamehameha Schools executive, and ex-DHHL chairman Ray Soon to replace outgoing trustee Robert Kihune whose term ends tomorrow.
Unlike recent appointments to the trust's five-member board, this one has generated some discord in the Kamehameha ohana.
In May, the court-appointed master for the estate recommended extending Kihune's term by a year before backing away from the plan.
Shortly after the master made his recommendation, several prominent native Hawaiian women criticized the court-appointed screening panel for not considering a female among the finalists.
There are other logistical problems.
If the Probate Court ends up picking either Kane or Ching, it could conflict with a Kamehameha Schools internal policy against hiring or contracting current or former government official.
(The policy does not bar Soon from being hired because his employment as DHHL's chief occurred more than three years ago.)
The internal policy is part of the governance reforms implemented by Kamehameha Schools in wake of the late 1990s trust scandal.
It was meant to address the much-maligned practice of hiring or contracting with elected and appointed state officials such as former state Sen. Milton Holt, former state Sen. Marshall Ige, former state House Rep. Terrance Tom and ex-state Budget Director Yukio Takemoto.
The internal policy differs from the 1999 closing agreement with the Internal Revenue Service, which settled the IRS's long-running audit of the trust's finances and governance policies.
The IRS closing agreement only bans the hiring of current and former elected officials and not appointed officials such as Kane and Ching.
Of course, an internal policy banning the hiring of government officials is not binding on the Probate Court and the current board of trustees could chose to waive the internal policy in this case.
What's more, the position of a trustee is a gray area because experts argue that a trustee is not exactly an employee nor can they be considered outside contractors.
But what's troubling to some in the Kamehameha ohana is that the trustee screening committee didn't appear to take this internal policy into consideration.
If's far too late to redo the selection process but the proper thing the screening committee should have done is to acknowledge the potential conflict with the internal policy by petitioning the court for instructions, some legal experts say.
Otherwise, it makes it appear as the though the screening committee is ignoring the sad history of the trust's political activities during the 1980s and 1990s, they said.
Tags: Anthony Ching, Hawaii politics, Kamehameha Schools, Micah Kane, Ray Soon, Retired Adm. Robert Kihune, trustee selection
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Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, Ms. Neustadter, Judge Kevin Chang, Judge David Ezra, and All Concerned:
Due to the new discovery of facts that directly relate to this lawsuit which violates my constitutional rights of Free Speech and a Fair Trial, and Federal and State Anti-SLAPP statutes, I am adding the subject Exhibit.
Mr. Farmer and Mr. Guttman, in spite of all this factual evidence (not just "political opinions" or "conspiracy theories" as you have previously alleged), I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.
However, if you and your insurance carriers are still not willing to attempt to negotiate or mediate settlement in these cases, then I ask that you perform your mandated review of these two Exhibits in accordance with Judge Ezra's Order, and advise me, whether or not, you find that they are relevant and if they contain any so-called "protected subject matter".
I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "PSM" in these updated pages, and that you will NOT file any objections to my Motion.