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E-mail advertising@kaleo.org Ad Manager Gabrielle Pangilinan PR Coordinator Tianna Barbier Ka Leo O Hawai‘i is the campus newspaper of the University of Hawai‘i at Mānoa.

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(FRONT PAGE) JESSICA HOMRICH JESSICA HOMRICH / KA LEO O HAWAI‘I

UHPA CHALLENGES SMOKING BAN from page 1

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 Professional Assembly filed a complaint.

“UHPA filed a prohibited practice 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 Executive Director Kristeen Hanselman said. “The UHM administration ignored the union’s responsibility to represent the bargaining unit on such items as faculty evaluation and smoking.”

According to Hanselman, issues have been taken to the UH Mānoa Faculty Senate circumventing 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 addresses 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 hearing of instant complaint filed by the UHPA on the UH administration at 9 a.m. on Feb. 5 in room 434 at 830 Punchbowl St. Kristen Scholly, Health Promotion Chair for the University Health Ser vices Mānoa, said Chancellor Thomas Apple sent letters to all the unions at UH Mānoa — United Public Works, Hawaii Government Employees Association and UPHA — in fall 2013 regarding the Jan. 1 tobacco ban.

“We had an open meeting with

all the union reps so we could explain 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 consult with us adequately.’”

According to Scholly, UH’s legal council is arguing that the letter sent by Apple was a sign of consultation regarding the smoking ban.

“Our legal council is arguing to dismiss because they’re saying, ‘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 implemented, UH Mānoa will join 764 college and university campuses in the Unites States that prohibit smoking and tobacco use.

On Feb. 8, 2012, the 99th Associated Students of the University of Hawai‘i passed Senate Resolution 05-12: Tobacco Free Campus. The resolution gained further support as the Mānoa Faculty Senate endorsed the resolution on March 21.

The full text of the hawaii the policy can revised statuses chapter 89 can be found at: be found at:

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Portnoy was director of the Hawai`i State Bar Association from 1989 to 1993 and later president in 2007.

DAVID JORDAN KA LEO O HAWAI‘I

Meet the new Board of Regents member: Jeff Portnoy ALEX BITTER City Editor When Jeff Portnoy came to Hawai‘i for the first 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) evening 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 publications and broadcasters in his career and represented 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 nontraditional 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 Chairman Eric Martinson’s term, which ends June 30.

But Portnoy said he is definitely 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 lecturer in journalism at the university.

“If he needed to explain a particular subject, he always had examples,” she said.

Portnoy quit teaching in 1992, but he remained connected with UH. From 1996 to 2002, he was a member of the university’s athletic advisor y board, a body responsible for guiding athletic policy and advising the athletics director.

One of his highest profile associations with UH came in 1994, when he represented a group of journalism students trying to sue the State of Hawai‘i Police Officers Union for the release of records on officer misconduct.

That fight culminated in a Hawai‘i Supreme 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 himself to media law in his practice, UH journalism professor Gerald Kato said the attorney 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 representation 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 professor emeritus of journalism at UH. “(In past cases), he was not a bit timid in describing the often dire consequences for the public of secrecy or ill-advised policies,” she said.

Portnoy’s histor y with the board involves 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 after the board fired him in 2004.

Bridging the gap between proponents of open government and the regents may prove difficult, 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, especially 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 “disconnect between the legislature and the regents” obvious, he said.

“I thought I could do more in being a member of the BOR than I could, if the occasion 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’s Board 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 salar y 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 issue. I have a lot to learn.”

Page 6 | Ka Leo | Monday, Feb. 3 2014

Twitter @kaleofeatures | features@kaleo.org |Brad Dell Editor |Nicolyn Charlot Associate

Features

HAWAI‘I REVIEW NAMES

STUDENT OF THE MONTH

PHOTO COURTESY OF NOA PERALES-ESTOESTA

NICOLYN CHARLOT Associate Features Editor In Januar y, Noah PeralesEstoesta earned the title of Student of the Month at the Hawai‘i Review for a shor t fiction piece, “Paul and Maria.”

THE S T ORY “Paul and Maria” is about an older woman, Maria, assisting her husband, Paul, who suffers from dementia. Perales-Estoesta originally wrote the stor y for a fictionwriting workshop two years ago, but he decided to revisit it for his senior honors thesis. He initially wrote the stor y during a time when he was assisting his grandmother to take care of his grandfather, who was suffering from dementia. Paul, one of the main characters in the stor y, is based off of Perales-Estoesta’s grandfather, and Perales-Estoesta’s experience of spending time with someone who is mentally ill.

“I really wanted to write about

that time. … It was just kind of a really surreal experience,” PeralesEstoesta said in a phone interview.

Rewriting the stor y two years later allowed him to revisit that par t of his life, as well as improve his writing skills. He wanted to create a “raw and honest por trayal of the emotional complexity and dif ficulty of … taking care of someone with (dementia).”

Perales-Estoesta said that his first version of the stor y was understated and that he had to make multiple plot changes to achieve what he wanted.

“I didn’t feel like (the original version) 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 improve as he edited the piece.

THE WRITER Perales-Estoesta has worked to improve his writing skills through the years. When he first started writing, he paid attention to language, putting ideas into paper and making every detail as interesting as possible. Now he puts the focus more on the plot itself.

He has learned that rewriting multiple times is necessary and that the story “doesn’t always present itself in the first draft.”

Perales-Estoesta hopes to become 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 submissions to the literary campus journal he works with, Mānoa, which features writers from Asia and the Pacific. 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 fiction and non-fiction stories based on his travels.

A writing enthusiast for years, Perales-Estoesta decided he wanted to go into the field professionally after 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 … fiction in the first place,” he said.

THE PROFESSOR Shawna Yang Ryan, an assistant professor of creative writing in the English Depar tment, nominated Perales-Estoesta for Student of the Month. Ryan has known Perales-Estoesta for two years. She first met him in a fiction workshop she was teaching, and now she is his honors thesis advisor. Ryan has often been a sounding board for PeralesEstoesta; she listens to him and helps him talk through ideas, encouraging him along the way.

R yan has seen the develop-

ment of “Paul and Maria” from the beginning.

“I think the story has grown richer – the structure is more sophisticated and the characters’ histories – and how those influence 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 stor y structures have become more complex, and the content more textured,” she said.

“Despite being so good at what he does, Noah is ver y 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.”

Read Perales-Estoesta’s story at issuu.com/hawaiireview/ docs/january_ 2014_ student_ of_the_month

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Twitter @kaleoopinions | opinions@kaleo.org | Doorae Shin Editor |Kristen Bonifacio Associate

Opinions Evan Dobelle retired after resigning from Westfield State University.

MASSHIGHERED FLICKR

UH: DON’T HIRE ANOTHER DOBELLE ALEX BITTER City Editor

The University of Hawai‘i system seems to be notorious for hiring the wrong presidents. When the president of Massachusetts’ Westfield State University resigned last November, he left a mess in his wake.

QUESTIONABLE SPENDING

Though the head of the 5,000-student public college had been wellliked a few months earlier, charges of his excessive spending on travel, concert tickets and other luxuries quickly made him the focus of a state investigation. He said he needed these expenses to build the university’s “brand.”

It wasn’t the first 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 fired Dobelle

amid accusations similar to those he now faces at Westfield. The president’s departure after four years in Bachman Hall was as much of a public relations disaster as it was a costly one, with UH ultimately shouldering his legal costs and paying him a $1.6 million cash legal settlement.

ONLY GOOD ON PAPER With a history like that, how could Westfield possibly have decided that Dobelle was their best choice?

While public officials and representatives from the search company who found Dobelle for the Westfield presidency claim they dug into his past, what wooed them was Dobelle’s résumé.

Among his attractions was a position in Jimmy Car ter’s presidential administration, his political connections and Dobelle’s reputation for improving universities 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 officials when they hired Dobelle in 2001.

During his first months at both UH and Westfield, 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 Westfield, 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 transformations, Dobelle’s lavish personal spending eventually attracted attention 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 Westfield’s more recent ones — are worth remembering.

With UH’s relationship with the public still strained after the “Wonder Blunder,” the Regents may be tempted to find someone who, like Dobelle, claims prowess at turning universities around and fixing their troubles.

Instead, the Regents should consider finding someone who already knows what challenges UH faces and has dealt with them at the ground level at some point, whether 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 successfully serving as UH system president from 2004 until 2009.

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

it decided to find UH’s next president without a national search firm, effectively cutting out many potential out-of-state applicants.

But that still leaves the job open to many who may have only a surface understanding of what UH really needs. One need only look at last semester’s march to the state capitol protesting tuition increases 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 completely in their own hands, the Regents need to find someone who is already familiar with UH and its problems. We can’t afford another president who tries to improve the university through huge, uninformed changes while spending lavishly on themselves at the expense of everyone in the UH system.

Comics@kaleo.org | Nicholas Smith Editor

Page 9 | Ka Leo | Monday, Feb. 3 2014

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Page 11 | Ka Leo | Monday, Feb. 3 2014

Sports Alley-oops Alley-oops and and three three pointers pointers bring bring life life to to math math problems problems JESSICA HOMRICH AND FADI YOUKHANA / KA LEO O HAWAI‘I

FADI YOUKHANA Associate News Editor

For some St. Andrew’s Priory School students, math concepts are no longer limited to word problems. Led by their teacher Catherine Guimaraes, students analyze statistics of players from University of Hawai‘i at Mānoa’s men’s basketball team.

As a bonus, the students got to attend 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 Natalia 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 actually doing. It makes you notice a lot more things about the game because 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 Nagatani Academic Center last fall.

“We chatted a little bit before we started working on the assignments 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 wanted to do it again this year,” she said.

This year, the number of students who attended the game increased to 57, which included five students from

FREE & FUN GIVEAWAYS

EVENTS

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

Ka

points or scored a lot of points, which complicated their calculations,” 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 floor.

“For example, the students studied 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, but she went online and researched the meaning of the acronyms and found all the answers,” Guimaraes said.

“By doing so, she learned a life skill.

She taught herself how to navigate a website that she doesn’t understand and make it work for her.”

According to Guimaraes, basketball 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) are having a good time,” Guimaraes said. “I might change a couple of things, 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.

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