Policy Brief – UH Board of Regents Candidate Advisory Council

Senator Norman Sakamoto
July 24, 2007

Background

Historically, members of the University of Hawaii (UH) Board of Regents have been appointed by the Governor.  However, this longstanding and widespread practice has come under serious questioning.  The Association of Governing Boards of Universities and Colleges (AGB) notes that the practice of gubernatorial appointment is intrinsically political, even though its purported aim was to place highly qualified people in charge of the public universities.

In most states, governors have the responsibility and privilege of making appointments to many boards and commissions.  But pressures from campaign donors and special-interest groups sometimes compromise efforts to identify the most deserving and experienced citizens for higher education trusteeships.1

The AGB has called for the creation of regent advisory councils.  It noted that governors who share their appointive powers with a screening panel are in the best position to depoliticize the selection of university regents and ensure the selection of outstanding candidates.2

The idea of a regent screening committee is quite new and has been adopted by only a few states: Massachusetts, Minnesota, Virginia, North Dakota and Kentucky.3   The small number of states that implemented this system points to the reluctance of many governors to relinquish power.4

Depoliticizing the Selection of UH Regents

The AGB's warning of a politicization of the regents selection is applicable to Hawaii.  In April 2003, the Honolulu Star-Bulletin published an article which noted that many of Governor Linda Lingle's nominees to the UH Board of Regents happened to be members of her election campaign team.5

• Kitty Lagareta – worked with Lingle's 1998 campaign and served as unofficial advisor in Lingle's 2002 campaign.
• Shelton Jim On – served as Oahu finance chair for the Lingle campaign.
• Edward Sultan – married to Rae McCorkle, Lingle's campaign finance director.
• Alvin Tanaka – president and manager of Pacific Transfer, a major contributor to the Lingle campaign.
• Byron Bender – former University of Hawaii Professional Assembly (UHPA) president.  UHPA twice endorsed Lingle for governor, and she promised that the university professors would have a member on the UH Board of Regents.
• Ted Hong – interim regent, organized the Democrats for Lingle on the Big Island in 2002. 

The years following the 2002 election were especially tumultuous for the University of Hawaii.  The UH Board of Regents was shadowed by numerous conflicts of interests.7  Regent Everett Dowling resigned amidst controversy over a plan for the UH Institute for Astronomy to be built on land owned by him.8  Governance of UH was further complicated by tensions between UH President Evan Dobelle and the Board of Regents, which was filled with Lingle appointees.9  In 2004, Evan Dobelle, was dismissed by the Board of Regents.10 

Attempts to restructure the regent selection process began as early as 2004 when Senator Gary Hooser introduced Senate Bill (SB) 3125.  The bill proposed to amend the State Constitution to create a candidate advisory committee for the UH Board of Regents.  The bill passed the Senate but was died in the House of Representatives. 

The drive to reform the regents selection process gained momentum at the August 2004 UH commencement when keynote speaker, Frank Boas, called for a change in the way UH regents were selected.  Boas stated:

I personally believe that the time has come for the establishment of a nonpartisan commission to nominate the regents of the University of Hawaii.11

This speech was publicized in one of the leading daily newspaper giving greater urgency to the need to reform governance at the University of Hawaii. 

In the 2006 legislative session, Senator Sakamoto introduced SB 1256, which proposed a constitutional amendment establishing a regent selection panel, and SB 1257, the enabling legislation for the proposed constitutional amendment.  Governor Lingle vetoed SB 1257 on the grounds that it was premature. 

On November 7, 2006, the voters approved the constitutional amendment by a margin of 56.2% to 35.1%.12  Unfortunately, the lack of enabling legislation (SB 1257) meant that the implementation of the new process could not be carried out immediately.13 

Senate Bill 14

Soon after the 2007 sessions began, Senator Sakamoto introduced SB 14 as an enabling legislation.  Two other bills were introduced as alternatives to SB 14: SB 617 (introduced by Senator Sakamoto as a courtesy to Governor Lingle) and SB 1517 (the UH alternative submitted by Governor Lingle as part of the Governor's package).  The three bills took radically different approaches to the constitutional amendment.  Where SB 14 called for a candidate selection panel drawn from a variety of constituencies, SB 617 and SB 1517 called for a panel comprised of members handpicked by the governor. 

In his commentary for the Honolulu Star-Bulletin, Senator Sakamoto explained the concerns that necessitated the restructuring of the way regents were selected. 

Seats on the Board of Regents have become political plums, instead of positions with a singular focus on elevating our state university system to great heights. It seems that the main qualification for a position on the board has become what you have done for a political insider, and not what you will do for the future of our university.

SB 14 sought to make the following changes to the way UH regents were selected:

• Establish a seven member Candidate Advisory Council tasked with screening and proposing to the Governor candidates eligible to serve on the UH Board Regents.14
• Increase the Board of Regents from 12 members to 15 members.15
• Increase geographic representation on the Board of Regents.16
• Prohibit regents from serving more than 2 five-year terms.17

Under SB 14, the Governor and the Senate would still be involved in the appointment of UH regents albeit less directly.  The Governor would still have the power to appoint people to the UH Board of Regents (from a proposed list) as well as the power to remove them.18

To further protect the integrity of the candidate selection process, SB 14 required that the Candidate Advisory Council develop "a fair, independent, and nonpartisan procedure" for selecting candidates.  Members are expected to have a broad understanding of higher education, the mission of the University of Hawaii, and be well respected members of their profession and the community.  It also required that candidates disclose any contracts or financial transactions they may have with the University of Hawaii.19

One significant feature of SB 14 is the provision for members of the Candidate Advisory Council to be drawn from a variety of constituencies.  Members are to be appointed by: (1) the President of the Senate, (2)  the Speaker of the House of Representatives, (3)  the Governor, (4) the All Campus Council of Faculty Senate Chairs of the University of Hawaii, (5)  the Executive Council of the University of Hawaii Student Caucus, (6) the Association of Emeritus Regents, and (7)  the University of Hawaii Alumni Association.20  Its critics decried it as politicizing the regent selection process, while its supporters argued that its inclusiveness would bring balance to the process and avoid the recent politicization. 

Lt. Governor, Duke Aiona, opposed the bill noting: "It really is a stripping of the governor's powers."21  The Honolulu Star-Bulletin denounced it as a power play by Democrats against a Republican Governor.22  UH President, David McClain, testified in opposition to SB 14 noting that it was contrary to best practices recommended by the AGB and would result in a "Noah's Ark" committee.23 

Objections to SB 14

Below are some the objections raised against SB 14 and the rebuttals of these objections. 

It would hamstring the Governor from freely imposing policy choices on the university through the selection of regents. – The traditional way of selecting university regents has become vulnerable to political favoritism.  Many Hawaii voters did not like this and voted for a constitutional amendment that mandated a change in the way regents are selected. 

It would create a narrow special-interest based selection process. – Actually, SB 14 broadens the selection process by involving students, alumni, faculty, and former regents.  These stakeholders have a vital interest in a strong University of Hawaii.  It is unlikely that they would view the regent nominations as political plums.

It would politicize the selection of UH regents. – The fact is the public had already perceived that the regent nomination process had become a means of political payback.  SB 14 is an attempt to remove politics from the selection of UH regents.  The bill's non-partisan nature can be seen in the removal of the old language that stipulates the maximum number of party membership24 and language that explicitly states that the members of the Candidate Advisory Council are to be selected in a non-partisan manner.25

The "best practice" is to allow the Governor to appoint all members of the candidate advisory committee.  Also, the AGB opposes "constituency based" or "designated slots" for candidate selection committees. – In a letter to Senator Sakamoto, Frank Boas notes, "The AGB has for many years advocated screening panels for merit-based regent selection systems and has only recently objected to constituency based screening panels at the specific request of the UH administration, while apparently not objecting to such constituency based panels in Virginia and North Dakota."26

SB 14 would create a "Noah's Ark" style committee. – This argument is based on a colorful metaphor instead of rational facts. 

SB 14 is the Democratic Legislature's way of taking power away from the Governor – The voters voted overwhelmingly for a change in the way UH regents are selected.  SB 14 seeks to implement what Hawaii voters want.  Secondly, if the Legislature wanted to give more power to themselves they could have passed a bill that called a panel made up of four members appointed by the President of the Senate, four by the Speaker of the House of Representatives, and four by the Governor.27  Instead, SB 14 creates a selection panel that is broadly based and includes the university's core constituencies. 

Where We Are Now

On April 18, Governor Lingle vetoed Senate Bill 14 claiming that it would create a narrow special-interest based selection process.28 The Legislature overrode the veto on May 1 by a margin of 17 to 8.  With the override of the Governor's veto, Senate Bill 14 became Act 56 of the Session Laws of Hawaii 2007.29

In early June, all seven members of the inaugural Candidate Advisory Council were selected.  The members of the new committee are:

• James Koshiba, appointed by the Senate President.
• Neil Bellinger, appointed by the Speaker of the House.
• Chatt Wright (president of Hawaii Pacific University), appointed by the Governor.
• Thomas Ramsey, appointed by the UH All Campus Council of Faculty Senate Chairs.
• Ginger Takeshita, appointed by the UH Student Caucus.
• Roy Takeyama, appointed by the UH Association of Emeritus Regents.
• Karl Fujii, appointed by the UH Alumni Association.30

Conclusion

In 2006, Hawaii voters provided the Legislature with a mandate for change.  SB 14 brings real change to the way UH regents are selected.   It takes a highly centralized one-person process (where the Governor alone decides who gets to be regent) and turns it into broad-based process involving a wider spectrum of the community.  SB 14, along with the 2000 constitutional amendment that granted UH autonomy, represents significant steps toward a strong University of Hawaii. 

DATE	EVENT
1988	Minnesota Legislature establishes a screening committee for the University of Minnesota.
1991	Massachusetts governor, William Weld, by executive order, establishes the Public Education Nominating Council.
2000	University of Hawaii granted autonomy.
2002	Virginia governor, Mark Warner, by executive order, establishes the Governor's Advisory Commission on Higher Education Board Appointments.
July 3, 2003	Everett Dowling resigns from UH BOR amidst charges of conflict of interest.
January 2004	Senator Hooser introduces SB 3125, which would amend the state constitution by creating a candidate advisory council.  The bill passes the Senate but is not heard by the House Finance Committee.
March 16, 2004	AGB  submits testimony in support of SB 3125.
June 2004	UH President Evan Dobelle terminated by UH BOR.
August 15, 2004	UH Commencement, Frank Boas calls for nonpartisan screening committee for University of Hawaii Board of Regents.
January 2005	Senator Sakamoto introduces SB 1256 (constitutional amendment), which would modify the appointment process for UH BOR). Senator Sakamoto introduces SB 1257, which would implement the constitutional amendment.
July 11, 2005	Governor Lingle vetoes SB 1257.
November 7, 2006	Voters approve constitutional amendment calling for the establishment of a regents candidate advisory council.
January 2007	Senator Sakamoto introduces SB 14, which would implement the recently approved constitutional amendment.
March 30, 2007	Lingle withdraws 5 nominations to UH BOR.  Senate President Hanabusa said no Senate confirmation hearings to be held in light of the constitutional amendment.  (SB 3/30/07)
April 18, 2007	Governor Lingle vetoes SB 14.
May 1, 2007	The Legislature overrides the Governor's veto.  SB 14 becomes Act 59.
June 6, 2007	Members of the Candidate Advisory Council named.

REFERENCES

Official Documents

Hawaii.  State of Hawaii, Twenty-Third State Legislature.  Session Laws of Hawaii: Regular and Special Sessions of 2005.  Honolulu, Hawaii: Revisor of Statutes, 2005.

Massachusetts.  Commonwealth of Massachusetts.  "Public Education Nominating Council: Executive Order No. 309." 

Massachusetts.  "The Governor, Lieutenant Governor and Council, Certain Officers Under the Governor and Council, and State Library."  The General Laws of Massachusetts: Part I, Title II, Chapter 6. 

Minnesota.  "Election of University of Minnesota Regents." House Research, Minnesota House of Representatives. 

Primary Sources

March 5, 2007.            Letter from Frank Boas to Senator Norman Sakamoto. 

February 2, 2007.         Letter from Deputy Attorney General Russell Suzuki to Senate President Colleen Hanabusa.

January 26, 2007.         Testimony presented by UH President David McClain on SB 14 and SB 617 before the Senate Committee on Education. 

January 24, 2007.         Letter from Barbara A. Beno (Accrediting Commission for Community and Junior Colleges) to UH Pres. David McClain.

October 8, 2006.         Letter from Ralph A. Wolff (President and Executive Director, Western Association of Schools and Colleges) to UH BOR Chair, Kitty Lagareta.

October 2, 2006.         Letter from Barbara A. Beno (Accrediting Commission for Community and Junior Colleges) to UH BOR Chair, Kitty Lagareta.

April 25, 2005.             Letter from Patricia Yee (UH BOR Chair) to Senate President Robert Bunda and Speaker of the House Calvin Say.

March 16, 2004.          Testimony presented by Richard Novak (Vice President), Tom Ingram (President) and Jim Edgar (Advisor) for AGB (Association of Governing Boards of Universities and Colleges on SB 3125 SD2 and SB 2716 before the House Committee Higher Education.  (Attachment to Frank Boas' letter to Senator Sakamoto on February 9, 2007.

February 4, 2004.         Letter from Richard Novak (Association of Governing Boards of University and Colleges) to Senator Gary Hooser. 

Secondary Sources

Agbayani, Dr. Amy, Sen. Donna Mercado Kim, Dr. Ralph Moberly, and Rep. K. Mark Takai.  2003.  "Dangerous Equations," Honolulu Star-Bulletin, July 6, 2003.

Apgar, Sally and Gary Kubota.  2003.  "Dowling quits regents amid UH land conflict," Honolulu Star-Bulletin, July 4, 2003. 

Association of Governing Boards of Universities and Colleges.  2003.  "Merit Screening of Citizens for Gubernatorial Appointment to Public College and University Trusteeship."   State Policy Brief No. 1 (September 2003). 

Boas, Frank.  2006.  "The Anatomy of a Constitutional Amendment: An Effort to Rid the University of Hawaii of Politics."  Essay Presented to the Social Science Association in Honolulu, Hawaii on April 3, 2006. 

Bernardo, Rosemarie.  2004. "Regent selection process questioned in UH speech," Honolulu Star-Bulletin, August 16, 2004.

Boas, Frank. 2006. "Voters can rid UH Board of Regents of politics," Honolulu Advertiser, July 2, 2006. 

Boas, Frank.  2005.  "Letter to Editor: Regent screening council needed," Honolulu Advertiser, May 13, 2005. 

Borreca, Richard.  2007.  "Lingle and Hanabusa argue over UH regents bill," Honolulu Star-Bulletin, April 20, 2007. 

Borreca, Richard.  2007.  "Nomination of UH regents awaits bill creating panel," Honolulu Star-Bulletin, March 30, 2007. 

Borreca, Richard.  2004.  "Lingle dismisses any political motive," Honolulu Star-Bulletin, June 17, 2004. 

Borecca, Richard.  2004.  "Hong rejected as Hilo judge," Honolulu Star-Bulletin, March 13, 2004. 

Borreca, Richard.  2003.  "Governor's nominees are familiar GOP faces," Honolulu Star-Bulletin, April 8, 2003. 

De Pledge, Derrick and Treena Shapiro.  "Lingle vetoes don't hold up," Honolulu Advertiser, May 2, 2007. 

De Pledge, Derrick.  2007.  "Lingle, Hanabusa trade barbs over veto on UH regents bill," Honolulu Advertiser, April 20, 2007. 

De Pledge, Derrick and Treena Shapiro.  "Lingle vetoes regents bill," Blogs-Capitol Notebook -  Honolulu Advertiser, April 18, 2007.

Gima, Craig.  2007. "Battle looms over UH regents," Honolulu Star-Bulletin, January 27, 2007. 

Gima, Craig.  2006.  "Dobelle Fired," Honolulu Star-Bulletin, June 16, 2004. 

Honolulu Advertiser.  2005. "Editorial: Regent choice should be left to governor, "Honolulu Advertiser, April 28, 2005. 

Honolulu Star-Bulletin.  2007. "Editorial: Lingle right to reject power play at UH," Honolulu Star-Bulletin, April 23, 2007. 

Honolulu Star-Bulletin.  2007.  "Editorial: Lawmakers insert rule where it's not needed," Honolulu Star-Bulletin, March 30, 2007. 

McClain, David.  2007. "Letter: Advisory Council – SB 14 Will Politicize University Governance," Honolulu Advertiser, April 9, 2007. 

McClain, David.  2007.  "Regents' selection: An inconvenient truth," Honolulu Star-Bulletin, March 4, 2007. 

Nakaso, Dan.  2002.  "Dobelle, Lingle try to move on," Honolulu Advertiser, November 8, 2002. 

Pacific Business News.  "UH regent advisory committee named," Pacific Business News, June 7, 2007. 

Rees, Robert M.  2004.  "The Meaning of the Dobelle Incident," Honolulu Advertiser, August 8, 2004. 

Reyes, B.J. 2007.  "Override of vetoed UH bill likely," Honolulu Star-Bulletin, April 19, 2007. 

Reyes, B.J.  2007.  "Dems to alter UH regents selection," Honolulu Star-Bulletin, March 28, 2007.

Sakamoto, Norman.  2007. "Real change is needed in selection process for UH regents," Honolulu Star-Bulletin," February 25, 2007.

San Nicolas, Claudine.  2006.  "UH regents state amendment called a 'political sham' by Maui member," Maui News, October 30, 2006. 

Shapiro, David.  2007.  "Volcanic Ash - Regent selection plan raises troubling issues," Honolulu Advertiser, February 7, 2007. 

Warner, Mark R.  2005.  "How Merit Can Guide Public Trustees Appointments," Trusteeship published by The Association of Governing Boards of Universities and Colleges (May/June). 

 

1 "Merit Screening of Citizens for Gubernatorial Appointment to Public College and University Trusteeship," State Policy Brief No. 1 (September 2003), p. 1.

2 State Policy Brief No. 1 (September 2003), p. 2.

3 Some states instituted this change by executive order, others by legislation.  In Minnesota, the legislature has had the prerogative of appointing university regents.  In 1988, the Minnesota legislature established by statute a Regent Candidate Advisory Council to recommend candidates to the legislature.  In 1991, Massachusetts governor, William Weld, established a Public Education Nominating Council to assist the governor in the selection of university regents.  North Dakota and Kentucky also have established screening committees that make recommendations to their respective governors.  More recently in 2002, the governor of Virginia, by executive order, established an independent bipartisan seven member panel tasked with screening and recommending candidates to the State Council of Higher Education (university and colleges' board of regents).  See Mark R. Warner, "How Merit Can Guide Public Trustee Appointments," Trusteeship (May/June 2005), p. 30.

4 State Policy Brief No. 1 (September 2003), pp. 4-5.

5 Borreca, Richard.  "Governor's nominees are familiar GOP faces,"   Honolulu Star-Bulletin, April 8, 2003. 

6 Borreca, Richard.  "Hong rejected as Hilo judge," Honolulu Star-Bulletin, March 13, 2004.

7 See Senate Concurrent Resolution 85 (2006). 

8 Apgar, Sally and Gary Kubota, "Dowling quits amid UH land conflict," Honolulu Star-Bulletin, July 4, 2003.

9 Tension were rooted in part to Dobelle's campaigning for Lingle's rival in the 2002 governor's race, Maizie Hirono.  See Nakaso, Dan, "Dobelle, Lingle try to move on," Honolulu Advertiser, November 8, 2002.  See also Borecca, Richard, "Lingle dismisses any political motive," Honolulu Star-Bulletin, June 17, 2004. 

10 Gima, Craig, "Dobelle Fired," Honolulu Star-Bulletin, June 16, 2004.  Rees, Robert M.  2004.  "The Meaning of the Dobelle Incident," Honolulu Advertiser, August 8, 2004.  Agbayani, Dr. Amy, Sen. Donna Mercado Kim, Dr. Ralph Moberly, and Rep. K. Mark Takai.  2003.  "Dangerous Equations," Honolulu Star-Bulletin, July 6, 2003.

11 Bernardo, Rosemarie, "Regent selection process questioned in UH speech," Honolulu Star-Bulletin, August 16, 2004.  Boas expanded upon his views in his letter to the editor which appeared in the May 13, 2005 Honolulu Advertiser.

12 The Office of Elections'  Summary Report for the 2006 elections shows that the constitutional amendment passed by 195,909 (56.2%) to 122,454 (35.1%); blank votes = 30,181 (8.7%) and over votes = 207 (0.1%).

13 February 2, 2007 letter from Deputy Attorney General Russell Suzuki to Senate President Colleen Hanabusa, in which it was stated that the constitutional amendments was not "self-executing." 

14 Section 2 (f).

15 Section 3 (a).

16 Section 3 (a).

17 Section 4 (a).

18 Section 4 (a).

19 Section 2 (d) (4) and (5).

20 Section 2 (f).

21 Reyes, B.J.  2007.  "Dems to alter UH regents selection," Honolulu Star-Bulletin, March 28, 2007.

22 Honolulu Star-Bulletin.  2007. "Editorial: Lingle right to reject power play at UH," Honolulu Star-Bulletin, April 23, 2007.

23 Similar criticisms were made by Barbara Beno, Accrediting Commission for Community and Junior Colleges, in which she praised the language of SB 617 while overlooking the fact that SB 14 had identical language as well!  See her January 24, 2007 letter to David McClain; compare SB 14 page 4 lines 3-6 with SB 617 page 3 lines 9-13.

24 SB 14 HD1 §3.

25 SB 14 HD1 page 6 lines 16-17 states: "The candidate advisory council shall be selected in a wholly nonpartisan manner."  SB 14 HD1 page 7 lines 6-10 reads: "Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, having achieved a high level of prominence in their respective professions, and being respected members of the community." 

26 Letter: Frank Boas to Senator Norman Sakamoto, March 5, 1007.  [Insert PDF]

27 See Section 1 (b) 1-3 of SB 3125 (2004).

28 Reyes, B.J. "Override of vetoed UH bill likely, Honolulu Star-Bulletin, April 19, 2007.  De Pledge, Derrick and Treena Shapiro.  "Lingle vetoes regents bill," Blogs-Capitol Notebook - Honolulu Advertiser, April 18, 2007.   De Pledge, Derrick, "Lingle, Hanabusa trade barbs over veto on UH regents bill," Honolulu Advertiser, April 20, 2007.

29 De Pledge, Derrick and Treena Shapiro.  "Lingle vetoes don't hold up," Honolulu Advertiser, May 2, 2007. 

30 Pacific Business News, June 7, 2007.