A public interest law firm says UH could be risking legal trouble if it conducts the hiring process in executive session.

The Public First Law Center is urging the University of Hawaii Board of Regents to interview and discuss the candidates for UH president in open session when it meets Wednesday.

In testimony via email to regents chair Gabriel Lee, the law center notes that the board’s agenda indicates it intends to go into executive session to conduct final interviews with the two candidates, Wendy Hensel and Julian Vasquez Heilig, citing a “personnel-privacy” exemption to the state’s Sunshine Law.

But, the law center points out, the Hawaii Supreme Court has said such an exemption “is not a blanket open meeting exception to discuss personnel maters” and a strict test must be met to justify a privacy interest that would outweigh the public interest.

“The UH community and general public have a legitimate interest in understanding why a particular candidate for UH President is selected,” the law center said, adding that a decision to go behind closed doors could expose UH to potential liability and jeopardize the outcome of the selection.

Public First Law Center currently has a lawsuit in the works against the Agricultural Development Corp. and the Defender Council, part of the state public defender’s office, challenging hiring decisions that were made in executive session.

Email testimony to the Board of Regents.

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