The Board of Regents went into executive session on Wednesday despite calls that doing so was contrary to Hawaii’s Sunshine Law and the spirit of transparency.

The University of Hawaii Board of Regents on Wednesday went behind closed doors to interview the finalists applying for UH鈥檚 top job, despite calls from the public to keep the process open. A decision on the selection is expected to be announced when the regents board meeting resumes on Thursday.

Board of Regents Chairman Gabe Lee defended the decision to hold the final interviews in private, saying that Hawaii鈥檚 Sunshine Law allows such closed door meetings when personnel privacy issues are involved.

Lee noted that both candidates 鈥 City University of New York Provost Wendy Hensel and Western Michigan University Provost Julian Vasquez Heilig 鈥 have spoken at multiple public forums, where they answered questions from the public.

The University of Hawaii Board of Regents convened on October 16th 2024, to discuss and hear Public Testimony on the choices available for the new President.  Following the Public Testimony the BOR moved into Executive session. Ben Creps of the Public First Law Center testifies in favor of an open session discussing the candidates for the new UH Presidents position.(David Croxford/Civil Beat/2024)
Ben Creps of the Public First Law Center testified via video against the University of Hawaii Board of Regents going into executive session to interview the candidates vying to be UH’s next president. Board Chair Gabe Lee, seated center, said the law allows the closed-door session to protect privacy. (David Croxford/Civil Beat/2024)

Critics called the move contrary to Hawaii law and the spirit of transparency.

Among those testifying against the regents鈥 unanimous decision to go behind closed doors was , a staff attorney with the , which promotes government transparency. Creps testified that the Hawaii Supreme Court has made clear that public bodies can鈥檛 invoke an exemption to the Sunshine Law鈥檚 open meetings requirement simply because a personnel matter is being discussed.

鈥淭he UH community and general public have a legitimate interest in understanding why a particular candidate for UH President is selected,鈥 Creps testified. 鈥淕iven the clarity of the law and keen public interest, there is no good reason to hold these important discussions behind closed doors.鈥

Momi Bachiller, a student activist who also serves as a senator for the , said the decision to conduct interviews in private exemplifies a pattern of Native Hawaiian students 鈥渉aving outsiders imposed on us.鈥

鈥淭his decision exhibits a gross disregard for transparency,鈥 she said.

The private interviews come after a flurry of reports about Hensel and her conflict with  Tanya Washington, a Black law professor at Georgia State University, where Hensel was university provost before going to CUNY. A Civil Beat story on the allegations of discrimination and retaliation by Hensel against Washington prompted UH to change its original policy of prohibiting candidates from talking to the media and make the candidates available for media interviews.

Hensel insisted Washington鈥檚 complaints had only involved Georgia State鈥檚 interim law school dean, Leslie Wolf, and . But Washington and her lawyer eventually came forward to say Hensel was lying and that Hensel had in fact been a subject of Washington鈥檚 complaints.

Testimony Shows No Consensus On Candidates

Whether all that will have any effect on the regents鈥 decision isn鈥檛 clear. Written testimony showed no clear consensus on either candidate.

Among those opposed to Hensel was UH鈥檚 Black Student Association. On Wednesday, it issued a 鈥渟tatement of non-support鈥 for Hensel, citing the news reports about Hensel and expressing support for Washington. 

鈥淲e stand with, believe, and support every Black woman in academia who has been forced to silence themselves for the sake of their survival at institutions of higher education,鈥 the association said.

Others, like Poranee Natadecha-Sponsel, said they supported Hensel despite the reported conflict with Washington.

The important thing is for the regents to pick one of these two candidates and not drag out the process, said Rep. Amy Perruso. Both candidates are 鈥渁ccomplished leaders鈥 who 鈥渉ave gone through a thorough vetting process,鈥 Perruso said in written testimony.

鈥淚 urge you to conclude this process with a selection of one of these two fine candidates and allow the mechanisms that were put in place to function as intended,鈥 she wrote.

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