July 26, 2002 Board Meeting where
board chair Rochelle Gregson claimed in the Oct. 29, 2002 board
meeting
that she appointed the 3 nominating
committee members, although there is no mention to
the claimed appointment in the minutes of the meeting.
October 25, 2002 Board Meeting at which the board chair Rochelle
Gregson
appointed ONLY Ron Rex as
chair of the nominating committee
in violation of 'Olelo's
bylaws. The board is
supposed to appoint the nominating committee members,
not the
board chair, and they must
appoint 3 members, not just 1.
January 29, 2003 Board Meeting at
which the
invalidly-appointed Nominating Committee
chair submitted names of
nominees that were apparently decided
upon in a meeting at which
no minutes were taken.
April 23, 2003
Minutes by ASAC member appointed to
Nominating Committee (.doc) shows 'Olelo CEO was
handpicking Director Candidates. (This action
is a gross conflict of interest in that the Directors would be
responsible for evaluating the CEO's performance, deliberating on
increases in pay, etc.) ASAC member also attempted to point out
it was difficult to make an
informed choice when the committee did not have any information about
the people being considered. Names of at least 2 persons who submitted
applications were not even mentioned or considered at the meeting. The
CEO was in possession of their applications which were forwarded to her
by DCCA.
April 30, 2003 Board Meeting at
which names selected
at the April 23 Nominating Committee meeting were presented. (for the record, original minutes were posted
in PDF)
July 30, 2003 Board Meeting at which Chair Gregson (for the Nomination Committee of which she was not a member) "was going to appoint a nominating committee as required by ‘Olelo’s bylaws" but didn't because the DCCA "asked ‘Olelo to defer decision making and appointment on the Nominating Committee" due to the pending PEG plan. They also planned to make a By-Law Revisions to allow for the chair to appoint the Nominating Committee rather than the full board, but tabled the action "until next board meeting" due to only 5 members being present rather than the 6 required. The board has yet to attempt the revisions again, possibly due to OIP &/or DCCA intervention. The board did unanimously accept a Board Resolution.
October 29, 2003 Board Meeting where Chair Gregson asked the Board to ratify, nunc pro tunc (now for then), her alleged appointment of three nominating committee members at the July 2002 meeting (an action that did not happen at that or any other meeting).
January 28, 2004 Agenda Board meeting was
purportedly canceled due to a lack of a quorum.
February 19, 2004 Agenda (minutes not available
yet) Board
director appointments were on the agenda again, but they weren't
seated.
CTPA officers contacted DCCA Director Recktenwald regarding
this attempt to seat directors he said in the DCCA PEG plan he would
not seat until June 30, 2004.
February 27, 2004 Agenda Special Meeting via Telephone
Conference Call at 6:30 AM
to appoint Keali'i Lopez as interim "Executive Director". The meeting
was canceled on 02/20/04,
but no cancellation notice was posted. The agenda was just removed from
their website with
nothing put in it's place explaining why, even though there had been an
agenda posted and an announcement had been made in the February 19, 2004 board meeting after only the Chair
and CEO returned from Executive session alone and brought the meeting
back to order without the required quorum.
'Olelo attorney's letter to DCCA implying the Nominating
Committee actions were done in compliance with 'Olelo Bylaws.



My email(s) to the DCCA director showing that 'Olelo's Nominating Committee actions were NOT done in
compliance with 'Olelo Bylaws.
| Subject: | 'Olelo's attorney letter to you |
|---|---|
| Date: | Thu, 22 Jan 2004 09:29:26 -1000 |
| From: | Jeff Garland <digitaleye@hi.net> |
| To: | DCCA Director Mark Recktenwald <mrecktenwald@dcca.hawaii.gov> |
----- Forwarded by Clyde Sonobe/DCCA on 01/27/2004 03:09 PM -----
Clyde Sonobe
To: <sean@akaku.org>, <senihara@Capitol.hawaii.gov>, <jrobertson@hoike.org>,
01/23/2004 03:50 <naleo@interpac.net>, <mmccartney@pbshawaii.org>, lmcgregor@olelo.org
PM cc: Mark E Recktenwald/DCCA@DCCA, Glen WY Chock/DCCA@DCCA
Subject: Fwd: question
Lurline,
Mark Recktenwald has asked me to respond on his behalf. Although Olelo's
bylaws may need to be amended, Olelo should comply with HRS 92 and 92F.
The Plan states: "Accordingly, for those PEG entities that remian under
DCCA's oversight, DCCA will require that they adopt bylaws and policies
which comply with the requirements of HRS chapters 92F and 92".
The Department acknowledges that Olelo's bylaws or policies / procedures
may need to be amended. However, the Department feels that there is
nothing that should prevent any of the PEG organizations from complying
with HRS 92 and 92F prior to these amendments.
Please contact me if you have any further questions regarding this matter.
Thanks,
Clyde
Hi Mark,
I am forwarding my question again in the attachment.
Just to let you know, we are also checking with our attorney to get a
better understanding of this. There is still the issue for us of
whether we are nonprofit vs a state agency. If the State Plan
supercedes our by-laws by requiring that we comply with procedures not
included in the by-laws, then it would appear to further erode our
independent, nonprofit status.
So the issue is as not having to comply with the specific procedures
themselves (with which we have no particular objections) but the extent
to which we are self-governing.
Thanks,
Lurline
Content-Transfer-Encoding: 7bit
Date: Thu, 22 Jan 2004 17:29:27 -1000
From: "Lurline McGregor" <lmcgregor@olelo.org>
To: <Mark.E.Recktenwald@dcca.hawaii.gov>
Cc: <sean@akaku.org>,<senihara@Capitol.hawaii.gov>,
<clyde.sonobe@dcca.hawaii.gov>, <jrobertson@hoike.org>,
<naleo@interpac.net>, <mmccartney@pbshawaii.org>
Subject: question
Mime-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Disposition: inline
Hi Mark,
In response to an inquiry from Jeff Garland, OIP informally advised us
to change the agenda for our upcoming board meeting next Wednesday,
Juanary 28th, to reflect our compliance with sunshine laws, as directed
by your recently issued Statewide Plan.
In our meeting with Senator Ihara last Friday, we all had an overall
question regarding compliance with the Statewide Plan pending an
implementation plan and timeframes. Senator Ihara will discuss this
with you in more depth. Since we have not yet changed our by-laws, it
would appear that we technically are not required to comply with state
sunshine provisions beyond what is already provided for in the by-laws,
for example, allowing public comment before each scheduled board action.
We are concerned about implementing bits and pieces of the Statewide
Plan until we have a more definitive understanding of a larger
implementation plan and timeframe for compliance.
Could you please advise me regarding whether your intention in the
Statewide plan was to require us to follow sunshine law immediately,
before we change our by-laws?
I know things have gotten much busier for you with the opening of the
legislative session, but we are trying to resolve this question before
the agenda has to be finalized by the end of this week, so we can at
least be in compliance with that part of our bylaws!
Thanks,
Lurline