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The Honolulu Advertiser
Posted on: Wednesday, January 4, 2006

Lawmakers deny pressuring UH's McClain

By Derrick DePledge
Advertiser Government Writer

State Senate and House Republicans yesterday asked for investigations into whether two Democratic lawmakers used their powers as committee chairmen to pressure University of Hawai'i interim President David McClain.

In letters to Senate and House leaders, Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), and House Minority Leader Lynn Finnegan, R-32nd ('Aliamanu, Airport, Mapunapuna), requested internal investigations over McClain's treatment before he testified at a briefing on the university's budget in December.

McClain suggested at the briefing before state Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku) and state Rep. Tommy Waters, D-51st (Waimanalo, Lanikai), the chairmen of the higher education committees, that the university's accreditation could be jeopardized because of micromanagement from the Legislature. Three days before the briefing, Hee and Waters had questioned McClain at a private meeting about his decision not to transfer an assistant professor's position from UH-Manoa to UH-West O'ahu as the Legislature had ordered.

McClain later told The Advertiser he received several data requests from the Legislature before the briefing and said he felt "burdened" by the lawmakers. Hee and Waters have said they were exercising their proper oversight role as committee chairmen and made no attempt to pressure McClain.

"I don't think the president of a prominent university should be subject to harassment and intimidation by a chairman of a committee," said Hemmings, who also asked that Hee be suspended as chairman until a review is completed.

Hee, in a written response sent to Senate leadership last night, welcomed an investigation and said every senator who voted for the position transfer as part of the state budget should be included in any probe. Hee also said UH never commented about the transfer when it was being approved last session.

"While it is unfortunate that UH President McClain may feel burdened by having to answer questions regarding the university system, I believe the recently completed audit by Marion Higa more than validates the Legislature's concerns that the university is irresponsible and unable to account for its financial management," Hee wrote.

Waters, in a statement, also referred to the audit and said it showed the university's budget lacks necessary detail. "This results in little assurance that the university has an adequate understanding of its overall fiscal condition," Waters said.

"My questioning to President McClain and the Manoa chancellor is my job as the higher education chair, but it is done with only the highest appreciation for the difficult job they both have as interim leaders."

The audit was requested by lawmakers last session after complaints that they were not getting timely financial information from the university. McClain has challenged the audit's findings in regard to financial accountability and said it "contains seemingly willful distortions of the university's intentions."

Under Senate and House rules, the leadership has the discretion to handle investigation requests administratively — such as by talking to the lawmakers involved — or they can appoint special committees to investigate whether there was any misconduct. The committees can recommend the charges be dismissed or urge that the lawmakers involved be censured, suspended or expelled. The full Senate or House would have to vote on any punishment.

House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo, Wilhelmina Rise), said Waters was doing his job as chairman. "If there is a specific charge, I would like to know what that is," Say said in a statement. "From what I'm hearing, this does not rise to the level of having to call a special committee."

Senate President Robert Bunda, D-22nd (North Shore, Wahiawa), said he would seek input from Hee before deciding how to proceed.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.