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UH STALLS SMOKING BANPROHIBITED PRACTICE AGAINST

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ALDEN ALAYVILLA

Senior Staff Writer

The University of Hawai‘i at Mānoa’s smoking ban, originally scheduled to be implemented on Jan. 1, 2014, was put to a halt after the University of Hawai‘i Profes-sional Assembly fi led a complaint. “UHPA fi led a prohibited prac-tice against the UH administration for a failure to consult or negotiate with the union over subjects which are within the scope of bargaining under Hawai‘i Revised Statutes Chapter 89,” UHPA Associate Exec-utive Director Kristeen Hanselman said. “The UHM administration ig-nored the union’s responsibility to represent the bargaining unit on such items as faculty evaluation and smoking.” According to Hanselman, is-sues have been taken to the UH Mānoa Faculty Senate circum-venting UHPA as the exclusive

representative on items that are subject to negotiations because of their impact on “wages, hours and other terms and conditions of employment.” “The prohibited practice ad-dresses the failure to properly deal with the exclusive bargaining agent as required by Chapter 89,” Hanselman said. The Hawai‘i Labor Union Board will conduct an open hear-ing of instant complaint filed by the UHPA on the UH administra-tion at 9 a.m. on Feb. 5 in room 434 at 830 Punchbowl St. Kristen Scholly, Health Pro-motion Chair for the University Health Services Mānoa, said Chancellor Thomas Apple sent let-ters to all the unions at UH Mānoa — United Public Works, Hawaii Government Employees Associa-tion and UPHA — in fall 2013 re-garding the Jan. 1 tobacco ban. “We had an open meeting with

all the union reps so we could ex-plain what the policies (were) — we invited them in to look at the draft, ask for their feedback,” Scholly said. “Two of the three unions came to the table, but UHPA didn’t. (The tobacco ban) may not have been on UHPA’s radar at that point. But then when it was, and they already had this grievance around consultation, to them it was like, ‘here’s another example when (UHM) didn’t con-sult with us adequately.’” According to Scholly, UH’s le-gal council is arguing that the letter sent by Apple was a sign of consulta-tion regarding the smoking ban. “Our legal council is arguing to dismiss because they’re say-ing, ‘we did consult with you,’” Scholly said. “And when it comes to the tobacco issue, some of the argument is, ‘Well, if HGEA and UPW could come to campus and were working with us, how come you weren’t there?’”

Chancellor Tom Apple could not be reached for comment. If the tobacco ban is imple-mented, UH Mānoa will join 764 col-lege and university campuses in the Unites States that prohibit smoking and tobacco use. On Feb. 8, 2012, the 99th Associated Students of the Uni-versity of Hawai‘i passed Senate Resolution 05-12: Tobacco Free Campus. The resolution gained further support as the Mānoa Faculty Senate endorsed the reso-lution on March 21.

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ALEX BITTER

City Editor

When Jeff Portnoy came to Hawai‘i for the fi rst time in 1972, information got to Hawai‘i slowly. “The tonight show was a week late,” he said. “We didn’t even get the (national) eve-ning news live.” Now, more than four decades later, he said Hawai‘i’s own media landscape has changed dramatically, and communication has become a little quicker, too. The attorney at Cades Schutte, LLP has represented a number of local news publica-tions and broadcasters in his career and rep-resented clients in some pivotal cases that determined the future of the free press and the openness of government in the state. That background made Portnoy a nontra-ditional pick when Gov. Neil Abercrombie announced his appointment to the Board of Regents last November. If approved by the state senate, he would serve out the remainder of former BOR Chair-man Eric Martinson’s term, which ends June 30. But Portnoy said he is defi nitely interested in serving a full term after that, saying that he needed to commit to the position in the long run because of the “incredible learning curve.”

BACKGROUND Portnoy is no stranger to the University of Hawai‘i. After practicing law at Cades Schutte for 13 years, he began teaching

media law in UH’s journalism department as an adjunct professor in 1985. Those years of legal experience made him an engaging lecturer, said Lucy Jokiel, one of Portnoy’s former students and a lec-turer in journalism at the university. “If he needed to explain a particular sub-ject, he always had examples,” she said. Portnoy quit teaching in 1992, but he re-mained connected with UH. From 1996 to 2002, he was a member of the university’s athletic advisory board, a body responsible for guiding athletic poli-cy and advising the athletics director. One of his highest profi le associations with UH came in 1994, when he represented a group of journalism students trying to sue the State of Hawai‘i Police Offi cers Union for the release of records on offi cer misconduct. That fight culminated in a Hawai‘i Su-preme Court ruling that would have opened up the records, if not for a law passed in the legislature that had already secured the records for the union. Portnoy said he took the case on a pro bono, or without pay, basis. “It was David and Goliath,” he said. “I had a fantastic experience ... helping (the students) doing something that not even the big boys would take on.” Although Portnoy does not restrict him-self to media law in his practice, UH jour-nalism professor Gerald Kato said the at-torney has argued the cases that have had

the greatest impact on the press and open government in the state. “Many of the important cases in mass communication law in Hawai‘i over the last 30 years were the result of the representa-tion of Portnoy and his firm,” he said. Kato, a former reporter for the Honolulu Advertiser whom Portnoy represented, said he hopes his experience with media law will “enlighten the Regents,” whom Kato said have not always acknowledged the public’s right to know. That right is something Portnoy isn’t afraid to speak about, said Beverly Keever, a profes-sor emeritus of journalism at UH. “(In past cases), he was not a bit timid in de-scribing the often dire consequences for the pub-lic of secrecy or ill-advised policies,” she said. Portnoy’s history with the board in-volves legal conflicts between the Board of Regents and various clients. Most recently, he was part of the defense team that former UH President Evan Dobelle hired to sue the regents and the university af-ter the board fi red him in 2004. Bridging the gap between proponents of open government and the regents may prove diffi cult, Portnoy said. “It’s going to be tough, (but) I will not give up that philosophical belief that, in most cases, opening these things up leads to trust,” he said. Kato said Portnoy’s experience taking action against the board makes joining it a complicated matter.

“That’s the concern,” he said. “To whom does he owe his loyalty now?”

GETTING THE JOB Portnoy said several people have asked him to seek a position on the board, espe-cially during the past year. One of the events that ultimately convinced him to apply, he said, was the state senate’s hearing into the “Wonder Blunder” in fall 2012. The hearings brought in members of the board for questioning, making the “discon-nect between the legislature and the re-gents” obvious, he said. “I thought I could do more in being a member of the BOR than I could, if the oc-casion warranted it, against the Board of Regents,” he said. The challenge, Portnoy said, was fitting the job in between his other commitments, which include positions ranging from the president of the Mānoa Valley Theatre’sBoard of Directors to color analyst for ESPN radio broadcasts of UH basketball games — a job that he said “keeps him sane.” Ultimately, he chose to give up his seats on the city’s salary commission and the state’s judicial selection committee, but said he hopes to continue practicing law while on the board. “I don’t want to be a lousy lawyer or a lousy regent,” he said. “I’m not coming in with any preconceived notions on any is-sue. I have a lot to learn.”

Meet the new Board of Regents member: Jeff Portnoy

Portnoy was director of the Hawai`i State

Bar Association from 1989 to

1993 and later president in

2007.

DAVID JORDANKA LEO O HAWAI‘I

FeaturesPage 6 | Ka Leo | Monday, Feb. 3 2014 Twitter @kaleofeatures | features@kaleo.org |Brad Dell Editor |Nicolyn Charlot Associate

NICOLYN CHARLOT

Associate Features Editor

In January, Noah Perales-Estoesta earned the title of Stu-dent of the Month at the Hawai‘i Review for a short fiction piece, “Paul and Maria.”

THE STORY “Paul and Maria” is about an older woman, Maria, assisting her husband, Paul, who suffers from dementia. Perales-Estoesta origi-nally wrote the story for a fiction-writing workshop two years ago, but he decided to revisit it for his senior honors thesis. He initially wrote the story during a time when he was assisting his grand-mother to take care of his grand-father, who was suffering from dementia. Paul, one of the main characters in the story, is based off of Perales-Estoesta’s grandfa-ther, and Perales-Estoesta’s ex-perience of spending time with someone who is mentally ill. “I really wanted to write about

that time. … It was just kind of a re-ally surreal experience,” Perales-Estoesta said in a phone interview. Rewriting the story two years later allowed him to revisit that part of his life, as well as improve his writing skills. He wanted to create a “raw and honest portray-al of the emotional complexity and dif ficulty of … taking care of someone with (dementia).” Perales-Estoesta said that his first version of the story was understated and that he had to make multiple plot changes to achieve what he wanted. “I didn’t feel like (the original ver-sion) really got to the heart of what I wanted to write about,” he said. Perales-Estoesta wanted to look at the mental and emotional experiences of people as they do something mundane, like walk down a street. He also wanted to emphasize the sadness of Paul’s dementia while avoiding being overdramatic, which is something else Perales-Estoesta strove to im-prove as he edited the piece.

THE WRITER Perales-Estoesta has worked to improve his writing skills through the years. When he fi rst started writing, he paid attention to language, putting ideas into pa-per and making every detail as in-teresting as possible. Now he puts the focus more on the plot itself. He has learned that rewriting mul-tiple times is necessary and that the story “doesn’t always present itself in the fi rst draft.” Perales-Estoesta hopes to be-come a professional writer after he graduates. He wants to travel around the world, particularly to South America and parts of Africa. He often draws inspiration from other writers who have traveled, as well as sub-missions to the literary campus jour-nal he works with, Mānoa, which features writers from Asia and the Pacifi c. Exposure to things beyond his own personal experience is one of the main factors in his desire to explore the globe. He hopes to write both fi ction and non-fi ction stories based on his travels.

A writing enthusiast for years, Perales-Estoesta decided he wanted to go into the fi eld professionally af-ter taking a creative writing course. He frequently looks to literature, television and music for inspiration and education. “What worked for me, better than anything, is taking comfort in other people’s art … to really think about why you love … fi ction in the fi rst place,” he said.

THE PROFESSOR Shawna Yang Ryan, an assis-tant professor of creative writ-ing in the English Department, nominated Perales-Estoesta for Student of the Month. Ryan has known Perales-Estoesta for two years. She first met him in a fic-tion workshop she was teaching, and now she is his honors thesis advisor. Ryan has often been a sounding board for Perales-Estoesta; she listens to him and helps him talk through ideas, en-couraging him along the way. Ryan has seen the develop-

ment of “Paul and Maria” from the beginning. “I think the story has grown richer – the structure is more so-phisticated and the characters’ his-tories – and how those infl uence the present moment of the story – are more deeply explored,” she said in an email interview. She said his overall writing skills have improved through the years. “His story structures have become more complex, and the content more textured,” she said. “Despite being so good at what he does, Noah is very humble. He is extremely smart and talented, and admirably hardworking, but he has no ego about it. His drive seems pure – it seems like he just wants to write the best that he can out of a pure love for language.”

HAWAI‘I REVIEW NAMES STUDENT OF THE MONTH

Read Perales-Estoesta’s story at issuu.com/hawaiireview/docs/january_2014_student_of_the_month

PHOTO COURTESY OF NOA PERALES-ESTOESTA

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ALEX BITTER

City Editor

The University of Hawai‘i sys-tem seems to be notorious for hir-ing the wrong presidents. When the president of Massachusetts’ West-fi eld State University resigned last November, he left a mess in his wake.

QUESTIONABLE SPENDINGThough the head of the 5,000-stu-

dent public college had been well-liked a few months earlier, charges of his excessive spending on trav-el, concert tickets and other luxu-ries quickly made him the focus of a state investigation. He said he need-ed these expenses to build the uni-versity’s “brand.”

It wasn’t the fi rst time Evan Dobelle had been in hot water for his use of a university’s funds.

Almost a decade ago, the UH Board of Regents fi red Dobelle

amid accusations similar to those he now faces at Westfi eld. The pres-ident’s departure after four years in Bachman Hall was as much of a pub-lic relations disaster as it was a cost-ly one, with UH ultimately shoulder-ing his legal costs and paying him a $1.6 million cash legal settlement.

ONLY GOOD ON PAPER With a history like that, how could Westfi eld possibly have decided that Dobelle was their best choice? While public offi cials and repre-sentatives from the search compa-ny who found Dobelle for the West-fi eld presidency claim they dug into his past, what wooed them was Dobelle’s résumé. Among his attractions was a position in Jimmy Carter’s pres-idential administration, his polit-ical connections and Dobelle’s reputation for improving univer-sities on the decline after his ten-

ure as president of Connecticut’s Trinity College. In large part, these were the same credentials that impressed UH offi -cials when they hired Dobelle in 2001. During his fi rst months at both UH and Westfi eld, Dobelle embarked on ambitious programs of reform, charged with reworking the images of each university. At UH, that meant talk of building a new football stadium in West Oahu and other big improvements. At Westfi eld, it meant pricey new efforts to develop the small-time university’s brand, both nationally and abroad.

CAN WE LEARN FROM HISTORY? In the process of both transfor-mations, Dobelle’s lavish personal spending eventually attracted atten-tion from outside watchers and led to his departure from both institutions. As the Board of Regents prepares for another presidential search, the

distant lessons of more than a decade ago — and Westfi eld’s more recent ones — are worth remembering. With UH’s relationship with the public still strained after the “Wonder Blunder,” the Regents may be tempt-ed to fi nd someone who, like Dobelle, claims prowess at turning universities around and fi xing their troubles. Instead, the Regents should con-sider fi nding someone who already knows what challenges UH fac-es and has dealt with them at the ground level at some point, wheth-er it be as a student, faculty member or someone else. David McClain is a perfect example as he served as a professor at Shidler before success-fully serving as UH system presi-dent from 2004 until 2009.

CURRENT STATE OF PRESIDENTIAL SEARCH Last week, the board took a step toward fi nding such a person when

it decided to fi nd UH’s next presi-dent without a national search fi rm, effectively cutting out many poten-tial out-of-state applicants. But that still leaves the job open to many who may have only a sur-face understanding of what UH really needs. One need only look at last semester’s march to the state capitol protesting tuition increas-es to see that there are complex issues whose solutions can’t always be found by those with sparkling CVs but no understanding of UH’s unique situation. Now that the search is com-pletely in their own hands, the Regents need to fi nd someone who is already familiar with UH and its problems. We can’t afford anoth-er president who tries to improve the university through huge, unin-formed changes while spending lav-ishly on themselves at the expense of everyone in the UH system.

Evan Dobelle retired after

resigning from West-fi eld State

University.

MASSHIGHEREDFLICKR

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SportsPage 11 | Ka Leo | Monday, Feb. 3 2014Twitter @kaleosports | sports@kaleo.org | Joey Ramirez Editor | Hayley Musashi Associate

FADI YOUKHANA

Associate News Editor

For some St. Andrew’s Priory School students, math concepts are no longer limited to word prob-lems. Led by their teacher Cath-erine Guimaraes, students analyze statistics of players from Univer-sity of Hawai‘i at Mānoa’s men’s basketball team. As a bonus, the students got to at-tend Thursday’s matchup between the Rainbow Warriors and the 49ers of Long Beach State. “I just wanted them to see how math applies in real life situations,” Guimaraes said. Students like eighth grader Nata-lia Cosiaco appreciate the new way to tackle mathematical concepts. “I think it’s a lot more interesting because it’s a new point of a view,” Cosiaco said. “So when you’re watching the game you think dif-

ferently of what the players are ac-tually doing. It makes you notice a lot more things about the game be-cause of the stats.” According to Guimaraes, the idea of using statistics from sports games to study probability and percentages originated when she tutored basketball players at the Na-gatani Academic Center last fall. “We chatted a little bit before we started working on the assign-ments for the day, and they would tell me about their stats and I thought, my god, this would be a good math project.” Guimaraes discussed logistics with the administration and took a small group of students last year to a game. “It worked so much better than I expected last year, so I knew I want-ed to do it again this year,” she said. This year, the number of students who attended the game increased to 57, which included fi ve students from

the pre-algebra class, two algebra-1 classes and two algebra-2 classes. Cosiaco and her classmates could be seen passionately cheering on the ‘Bows in the stands. “(The players) seem cool, and they’re good,” Cosiaco said. “Since we’re doing a project on them we get to know them a lot better.” As part of their project, the students analyze rebounds, fouls, foul shot percentage, total points scored and minutes played. The students choose a single player and track his statistics against Long Beach and compare them with his seasonal averages. “Dyrbe (Enos) is a popular choice among the students because he is local boy,” Guimaraes said. The students will turn in their full reports by next week. “A lot of them were excited, but some were disappointed because their player of choice might not have scored many

points or scored a lot of points, which complicated their calcula-tions,” Guimaraes said. Some of the concepts the students explore include order of operations, calculating percents and calculating percent change. In Guimaraes’ high-school class, the students explored the different ways coach Gib Arnold can put a team on the fl oor. “For example, the students stud-ied how many ways Coach Gib choose a lineup with two forwards or two guards,” Guimaraes said. “How many ways can he comprise a team of 2-2-1. We actually came up with a statistic; he has 65 different ways he can do it.” Although most students were excited about the project, some found it dif ficult to understand the spor ts terminology. “I had one student who did not understand the acronyms of basket-

ball like TOT, PPG, OFF REB, butshe went online and researched themeaning of the acronyms and found all the answers,” Guimaraes said. “By doing so, she learned a life skill. She taught herself how to navigate awebsite that she doesn’t understandand make it work for her.” According to Guimaraes, basket-ball statistics were chosen to be studied because it was ideal. “Basketball is short, sweet, and there is a lot of action,” Guimaraes said. Guimaraes plans to continue and expand the project for future students. “For me as a teacher, it’s a lot more fun when (the students) arehaving a good time,” Guimaraes said. “I might change a couple ofthings, but I’m really happy about the way it turned out.” St. Andrew’s Priory School is Hawai‘i’s oldest single-gender school. It was founded in 1867 by Queen Emma.

Alley-oops and three pointers bring life to math problems

Alley-oops and three pointers bring life to math problems

JESSICA HOMRICH AND FADI YOUKHANA / KA LEO O HAWAI‘I

SportsPage 12 | Ka Leo | Monday, Feb. 3 2014 Twitter @kaleosports | sports@kaleo.org | Joey Ramirez Editor | Haley Musashi Associate