CATALOGUE OF HARMON’S DOCUMENTS
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A Sighting from The Catbird Seat
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11/20/96 Ltr fm Nathan Aipa to BH re termination [BH Ltr Ex. 1][1-3]
Return?
- not confidential or privileged
- it is to BH.
11/20/96 Ltr fm HP to BH re termination fm P&C [BH Ltr Ex. 2][4-5]
Return?
- not confidential or privileged
- it is to BH
08/14/96 Kamehameha Schools Bishop Estate Appraisal of Objective [BH’s] Performance by supervisor NA [BH Ltr Ex. 3][6-50]
Consisting of
- 13 page evaluation form (w/ computer title PERS-51(Rev. 10/95)[7-18]
- 4 page Ex. "A" document entitled Supplement to KSBE Appraisal of Objective Performance[19-22]
- 7 page Ex. "B" document entitled "Supervisor Comments", Period 7/1/95-6/30/96[23-30]
- p. 2: BH must understand that P&C was not created to work in a vacuum ... BH’s refusal to recognize this basic philosophy is evidenced by the hands-off attitude towards the Legal Groups involvement in any claim ...
- 16 page response fm BH to NA responding to NA’s assessment[31-46]
-2 page ltr from Price Waterhouse to Myron Mitsuyasu - 8/9/94 - re captive formation, arms-length[48-49]
-2 pg “Guidelines-P&C Ins. Co.- Arms-length relationships-10/1/94[49-50]
Return?
- not confidential or privileged
- was to him, evaluating his performance
11/07/89-07/01/95 KSBE Personnel Action Reports for Bobby Harmon (1 page ea.) [BH ltr ex. 4][51-58]
- 11/07/89[52]
- 12/01/89[53]
- 12/01/90[54]
- 12/01/91[55]
- 12/01/92[56]
- 07/01/95[57]
07/29/91 Ltr fm R. Esenberg to BH (1 page) [BH Ltr ex 4][58]
- Congratulations on being awarded ... the ARM designation.
10/21/96 Ltr fm Marlene Sai to BH (1 page) [BH Ltr ex. 5][59-60]
- Thanking BH for participation in workshop on 10/05/96.
09/12/96 Confidential memorandum fm NA to BH re change in assignments and supervision (2 pages) [BH Ltr ex. 6][61-63]
- In light of my concerns in your handling of the Hobbs/Arkwright property insurance proposal, I am taking the following action Ex. 7 [64-121]
10/09/96 Confidential memorandum fm NA to BH re deficiencies in handling of placement and binders for the property insurance program (2 pages) [BH Ltr ex. 7][65-66]
11/08/96 Confidential memorandum fm BH to NA re handling of placement and binders for the property insurance program (14 pages) [BH Ltr ex. 7][67-80]
04/10/96 Telefax transmittal fm BH to Mike Korn (Hobbs Group) re broker authorization ltr [BH ltr ex 7][81]
04/10/96 Ltr fm BH to Whom It May Concern re Broker of Authorization for Hobbs Group, Inc. (1 page) [BH ltr ex 7][82]
04/10/96 Telefax transmittal fm BH to Rocco Sansone re property placement (1 page) [BH ltr ex. 7][83]
06/28/96 Broker Authorization letter to M&M for property proposal (1 pg)[84]
07/01/96 Memo fm RS to BH re non-exclusive authorization (1 page) [BH ltr ex. 7][85]
07/02/96 Ltr fm Mary Breighner (Arkwright)to BH (1 ltr) [BH ltr ex 7][86]
Stating that neither MM or any other agent can take over the Hobbs proposal even w/ an exclusive agent of record ltr
06/25/96 Ltr fm Peter Lowe (IMS Hawaii) to BH re P&C property coverage (1 page) [BH ltr ex. 7][87]
M&M ins mgt service says that in order to have P&C become writer for the prop insurance, these are the requirements
Shows BH was attempted to place prop ins in P&C in May/June
Plan was to put property coverages into P&C
07/02/96 Ltr fm T. McGrath to NA (1 page) [BH ltr ex 7][88]
Shows that the property proposal fm Hobbs was sent directly to Nathan Aipa
07/08/96 Ltr fm LK to RS (MM) re property insurance evaluation (2 pages) [BH ltr ex 7][89-90]
Louanne Kam is sending Hobbs proposal to MM for review
BH reprimanded for not letting them know what happening on proposal, when they’re handling it themselves!
07/16/96 Memo fm RS (MM) to Tim McGrath (Hobbs) re additional information property proposal (1 page) [BH ltr ex. 7][91]
This is to confirm our discussion on 7/15//96 and outline the addl information required by KSBE and myself to complete the proposal analysis ... KSBE is requesting additional time to review and make recommendations to trustees
07/30/96 Ltr fm RS to NA re Arkwright/Genesis Proposal Analysis (2 pages) [BH ltr ex 7][92-93]
Shows that NA was being kept advised
06/18/96 Letter of transmittal fm BH to NA (enclosing draft of 6/17/96 staff report on restructuring prop ins) with handwritten notes on it fm 6/20/96 mtg w/ NA &/or LK (1 page) [BH ltr ex 7][94]
BH was being directed by NA/LK re how to draft up the staff report, no mention of fact that prop ins would be placed w/ P&C as opposed to being written direct by Hobbs or M&M
06/17/96 6/17/96 draft staff report re restructuring prop ins (3 pages) [BH ltr ex 7][95-97]
07/26/96 7/26/96 draft staff report re restructuring prop ins, w/ LK’s printed notes/interlineations in margins (5 pages) [BH ltr ex 7][98-102]
08/13/96 8/13/96 draft staff report re restructuring prop ins (3 pages) [BH ltr ex 7][103-105]
As drafted/watered down by LK/NA
BH couldn’t get to trustees w/o going thru LK/NA
Their thrust was to have MM be able to take over the Hobbs proposal, even though the staff report was supposed to get approval to have Hobbs do it
08/15/96 Memo fm RS (MM) to BH re "broker of record property placements" (1 page) [BH ltr ex 7][106]
MM telling BH that exclusive broker ltr should be sgd by BH, they would bind w/ Genesis, and then they would have Hobbs buying coverage w/ Arkwright
Impossible situation b/c coverage was w/ Arkwright. Genesis not involved on the primary
Hobbs ltr -- no broker of record ltr is possible
Not what staff report indicated would be done; not what trustees had indicated
08/15/96 Client’s letterhead "to whom it may concern" (1 page) [BH ltr ex 7][107]
This is the sample broker of record ltr which RS wanted BH to sign and which accompanied the memo dtd 8/15/96
And NA and LK wanted him to sign
This is the date switching over to Hobbs, had to get bound that day
That day, BH’s instructions fm Trustee was to bind coverage
But, this is not the way to bind. MM couldn’t bind coverages, w/ or w/o this letter
08/19/96 Memo fm RS to BH re "property insur binder: Arkwright, Genesis (1 page ) [BH ltr ex 7][108]
Says again that MM is trying to tell Hobbs that MM is still the licensed general agent for this program
But they are not licensed w/ Arkwright, so cannot be
08/20/96 Telefax transmittal to RS (MM) fm BH (1 page) [BH ltr ex 7][109]
Response to RS’s memo dtd 8/19/96
BH saying that Hobbs is in compliance, according to Hobbs
Re JM (Hobbs) and LK, has 2 licensed agents in HI
Agreed Hobbs would work w/ M&M to attempt to get them licensed in HI for Arkwright -- but M&M never able to do it, didn’t do it
NA/LK cc’d -- but NA says in his ltr that didn’t know about 4 star
08/26/96 Ltr fm Rocco Sansone (M&M) to J. McGrath (Hobbs) cc to NA, LK (2 pages) [BH ltr ex 7][110-111]
RS telling Hobbs all kinds of things that aren’t correct
- in compliance w/ ins code -- saying what needs to do to be in compliance
But M&M is talking directly to McGrath w/ cc’s to LK/NA, but BH being blamed for mishandling whole affair
08/28/96 Ltr fm RS to J. McGrath (Hobbs) cc to NA, LK (3 pages) [BH ltr ex 7][112-114]
RS telling Hobbs to sign a contract w/ MM
Hobbs is not going to sign this kind of an agmt, b/c as of this date Hobbs had bound coverage since 8/15/96
NA not paying bills, b/c trying to get MM involved.
08/29/96 Ltr fm J. McGrath to RS cc NA/LK (2 pages) [BH ltr ex 7][115-116]
Responding by telling MM that premiums need to be paid to 4 star, Hobbs had sent an agmt to MM re possibility of servicing agmt
- MM wouldn’t do, b/c had non-compete in there
RS had mentioned to Hobbs that had contacted the offices/legal of Arkwright and Hobbs could find no record that anyone had ever contacted Arkwright to get appointed as agent
08/15/96 Fax transmittal fm BH to T. McGrath (Hobbs) re "insurance proposal" w/ cc to NA, LK, RS (1 page) [BH ltr ex 7][117]
I have been advised that the trustees have approved your property insurance proposal effective this date. Pls. send confirm. of binding eff 8/15/96
??/??/?? Unsigned Consulting Agmt b/w Hobbs & MM (2 pages) [BH ltr ex 7]
MM not going to sign, b/c non-compete clause and trying to take over business[118-119]
11/18/96 Confidential memorandum fm NA to BH re "deficiencies in handling of placement and binders for the property insurance program" cc LK (2 pages) [BH ltr ex 7][120-121]
NA’s response to BH re BH’s 11/18/96 resp to Pers 9
BS b/c before this, LK/NA were involved in this directly, and got cc’d on everything
10/17/96 Confidential memorandum fm LK to BH re "inadequate response to desert springs marketplace insurance req. of JFK Memorial Hosp. cc to NA (2 pages) [BH ltr ex 8][122-124]
Not too impt
Another reprimand ltr, more harassment, basically
LK telling BH how to do job
She got MM involved b/4 BH even got ltr
11/14/96 Confidential memorandum fm BH to LK re "inadequate response to desert springs marketplace insurance req. of JFK Memorial Hosp. cc to NA cc to NA and Sandra Wicklein (Dir. Personnel) (3 pages) [BH ltr ex 8][125-127]
BH’s response to LK’s pers 9
09/26/96 Confidential memorandum fm David Dunigan (Risk asst, KSBE, BH’s secretary) to LK re "memo fm Lyn Pummill re JFK memorial hospital w/ attached docs" cc Colleen Wong and BH (1 page)[128]
10/02/96 Atty client priv work product memo fm BH to Lynn Pummill (Legal Asst, Corporate Invest Legal Div) re reid/dsm JFK Memorial Hosp; gneral" (1 page) [BH ltr ex 8][129]
Responding to req fm Desert Springs mkt place re whether should accept cert of ins fm JFK hospital for lease
Shows how had to go thru para in legal dept and LK every time he needed to make a basic risk managent decision
LK saying inadequate response, but who’s she to say.
Normally, would go fm prop mgr to BH and he would make decision
This was BH’s response that LK was criticizing
She was shocked at the brevity of it
11/19/96 Confidential memorandum fm LK to BH re "pers 9 response to memo dtd 11/14/96" cc to NA b& personnel file (2 pages) [BH ltr ex 8][130-131]
LK’s response to BH’s response to her original Pers 9 about JFK hospital
You should have contacted L. Pummill, C. Wong or M. Kakaza to discuss the matter
LK says that he’s operating in a vacuum
09/10/96 Memorandum fm LK to BH re "interim reporting requirements" cc to NA (2 pages) [BH ltr ex 9][132-134]
This was the issue on the reporting requirements, that BH had to send everything thru her
This is what causes the confusion and delays in responding to JFK request
11/06/96 Confidential memorandum fm BH to LK cc NA re "pers 9 failure to exercise professional judgment and initiative in responding to request for inspections"
(2 pages) [BH ltr ex 10][135-137]
Yet, this is something LK was supposed to be responsible for. Now blaming BH
People on campus got the request b/c they were ones originally req inspections.
Inspectors fm Arkwright notified them of it first, then notified BH (not knowing change in procedures)
BH got request on 10/23, he was coming into town on 10/28 (Mon)
According to procedures, BH has to give all requests to her, but she was responsible for it!
Louanne Kam writing him up for responsibility that was not his -- on date when his mother in law died.
11/06/96 Conversation (phone call) record of conversation b/w Factory Mutual inspector and LK (recorded by LK) (1 page) [BH ltr ex 10][138]
She’s saying that she had to do all of this stuff, and he didn’t tell her about it
08/09/94 Ltr fm Mark McConaghy (Price Waterhouse) to Myron Mitsuyasu (2 pages) [BH ltr ex 11][139-141]
BH’s directives fm the beginning
Basis for forming the captive
??/??/?? "Alternative" document from Price Waterhouse (10 pages) [BH ltr ex 11][142-151]
Stressing need for "arms length"
10/01/94 Guidelines - P& C Insurance Company, Inc. - Arms Length Relationships (2 pages) [BH ltr ex 11][152-153]
BH drafted this fm the Price Waterhouse stuff
10/11/96 Memorandum fm BH to Henry Peters cc NA & LK (1 page) [BH ltr ex 12][154-155]
09/24/96 Interoffice memorandum fm E. Martinson/A. Au (Fin. Asset. Div. KSBE) to Ramona Hinck (KSBE acctg) re "insurance allocation" cc C. Wong and BH (1 page) [BH ltr ex. 13][156-157]
This one the IRS would be interested in.
BH’s jobs were to allocate to KSBE and subsid, which he did.
This ltr says that some of the subsids should not be allocated these premiums.
This had already been done, bills had gone out to subsids.
This instruction is to have acctg dept take the allocation back and not reallocate out.
Effect is that KSBE is paying premiums instead of subsids.
Wanted to do this to keep Unison, SoCal, SINO hush-hush.
Did not want to provide financial statements on these subsids this time around.
If don’t allocate premiums to companies, shouldn’t have coverage under the policies
As risk manager, cannot delete coverages w/o authority fm directors and officers of the companies
10/21/94 Memo fm BH to E. Martinson (KSBE Asset Mgt group) reinsurance allocations - Socal; Unison; Sino" cc NA, LK etc (2 pages) [BH ltr ex 13][158-159]
BH’s response to E. Martinson’s memo dtd 9/24/96
08/28/97 Ltr fm BH (Pres P&C) to Peter Lowe (MM Ins. Mgt) re "Prelim. budget for P&C Company) cc Peters, Richardson, Tam, Hara and NA (2 pages) [BH ltr ex 21][160-162]
Couldn’t finalize budget until knew what was going on w/ the property ins, Arkwright/Hobbs/MM etc
??/??/?? P&C Insurance Company - Risk Management Service Requirements & Safety & Laws Control Service Requirements (2 pages) [BH ltr ex 21][163-164]
Enclosure to 8/28/97 ltr fm BH to P. Lowe
09/05/96 Ltr fm BH (P&C) to P. Lowe re "insurance renewals/budget" (1 page) [BH ltr ex 21][165]
This is just evidence that BH was requesting info for renewals for the budget as Pres of P&C, not as employee of KSBE
09/06/96 Confidential telefax transmittal fm BH to P. Lowe re "preliminary budget for P&C Ins. Co. (1 page) [BH ltr ex 21][166]
MM said never got fax of 8/28, which requested this info, so this is BH sending a followup to original
MM was stalling here
09/11/96 Ltr fm BH to P. Lowe / Garret Liu re "budget renewals" (1 page) [BH ltr ex 21][167]
Followup that we had not recvd the reinsurance quotes or proposal for admin services, or safety and loss controls fm MM PC and everything needs to be done immed. Getting short on time
09/17/96 Confidential telefax transmittal fm BH to P. Lowe re ""P&C insurance renewals" (1 page) [BH ltr ex 21][168]
More of the same, following up
All the while, LK is fighting it, saying give them more time
09/17/96 Telefax transmittal fm BH to P. Lowe re "P&C Renewal Premiums / Budget for 1996-1997 fy" (1 page) [BH ltr ex 21][169]
Since didn’t recv proposals fm MMI, still wanted to go w/ $200K flat
BH said cut in half risk mgt fee for budget purposes
09/18/96 Telefax transmittal fm BH to P. Lowe re "P&C Renewal" (1 page) [BH ltr ex 21][170]
Since didn’t recv proposals fm MMI, still wanted to go w/ $200K flat BH said cut in half for risk mgt fee for budget purposes. After cut down to $100K, then after reviewed prelim drafts, reduced further to $50K
09/18/96 P&C Insurance Company Renewal Premiums 10/01/96-07/01/97 (1 page) [BH ltr ex 21][171]
Alloc. b/w w/c, gen liab, auto, prop, totals
This is BH’s allocation worksheet
10/01/96 Memo fm BH (P&C) to Peter Lowe re "MM Third Party Service Provider Contract" cc LK & RS (2 page) [BH ltr ex 21][172-173]
This is important b/c after all of asking for time and expense basis and cutting it down, BH told Peter still hadn’t recvd service proposal for MMI
"Rocco says proposal was included in stewardship reprt" which is something MM provides to KSBE; wasn’t what BH was asking for; proposal should have come b/c budget and renewal premiums dependent
??/??/?? KSBE P&C Insur Company Advisory Fee 96-97 w/ pie chart (1 page) [Bh ltr ex 21][174]
Stuff they’re saying included in $200K is already been paid for in commissions to MM thru commission on KSBE business etc.
10/11/96 Facsimile message fm Garrett Liu to BH (1 page) [BH ltr ex 21][175]
"My summary of the mtg is enclosed"
??/??/?? Summary of mtg held on 10/8/96 re Risk Mgt Fee Proposal between BH, LK, RS, PL and Garrett Liu (1 page) [BH ltr ex. 21][176]
BH had MM put in writing so what happened at mtg wasn’t coming fm BH
Louanne Kam says flat fee should be OK.
Arms-Length issue: LK attempting to direct & control P&C’s contracts with independant contractors, which effects P&C’s premiums.
10/29/96 Ltr fm BH to RS re Fees for Service to P&C (4 pgs)[BH ltr Ex. 21][177-180]
-states that M&M’s proposal for $200,00 flat fee is unworkable. Request was for proposal was to be on time & expense basis. Ltr gives “benchmark” proposals from other local captive managers on time and expense basis, with estimates of annual charges from $25,000 to $36,000. This letter on P&C letterhead, with BH signing as President.
???? Chart of vendor’s Accounts shows Commission, and fees for M&M & John Mullen & Co. for years 1991-1996[181]
10/30/96 Ltr fm LK to RS (1 pg)-telling M&M to disregard BH’s ltr of 10/29/96. This ltr is on KSBE letterhead. This is contrary to “arms-length” guidelines [182]
10/31/96 Ltr fm LK to BH (2 pgs)-PERS 9 Report[183-184]
“Failure to Adhere to Directions” - reprimand to BH for sending 10/29/96 letter w/o approval from LK & NA. Threatens termination if future directives not followed. Violates arms’ length guidelines against management and control by KSBE employees.
10/20/96 Memorandum fm BH to LK re "LG/Admin: Pers 9 report: Failure to adhere to directives cc NA and S. Wicklein (4 p) [BH ex 21] [185-188]
[BH thinks is key ltr]
She is reprimanding him for failure to follow directives. Wrote ltr on behalf of P&C on ltrhd re fees being charged to P&C by M&M.
He said that acted responsibly and w/in authority to write to M&M’s Sansone questioning the fees, which he had every right and duty to question. She rescinded it anyway. On KSBE ltrhd.
Heavy on "arms length" and obligation, fiduciary duties, and signing legal documents.
Said felt would be liable for answers re Internal Revenue Service.
07/19/95 Memorandum fm BH to Neil Hannahs (KSBE Kakaako) re environmental remediation contract, Waterpark Tower Site [BH Ex 22] [190-192]
Raised a lot of ques re remediation, that contracts not proper, ins. not proper, bid bonds had not been arranged, questioned whether there was actual specs for bidding. Indep consultant w/ no contract or copy of insurance.
08/01/95 Memo fm BH to NH cc J. Peterson, NA, P. Chang, Alan Yee, Alan Young, RS (Ex. 22] [193-197]
More of same re previous 7/19/95. Difficulty in obtaining insur b/c of lack of contracts and info, environ studies, etc.
08/16/95 Interoffice corres fm Chris (MM) to Rocco (MM) (ex. 22) [198]
Still unable to to obtain ins, b/c project already begun
Still, lack of information
08/22/95 Memo fm BH to NH cc J. Peterson, NA, PC, Allan Yee, Allen Young, RS (Ex. 22) [199-201]
Followup for more info and re Stay & Sons ins not in order for project.
Ins had to know contractors b/r ins
08/28/95 Memo fm P. Lowe (Commerce & Industry, S.F.) to Christine Lee (MM) [202]
Unable to quote b/c work at the site already commenced
Need full undewriting info on contractors to provide coverage
Couldn’t even find that Stay & Sons were licensed
Exposes estate to huge losses that are not insured.
09/05/95 Memo fm BH to NH re Waterpark Tower insurance bonding/risk/safety [2-3-305]
Still req info for insurance
Even if didn’t have environ coverage, still needed at least a CGL fm Stay
Needed copies of permits, etc, insur certif, contracts
09/05/95 Memo fm BH to First Ins re Stay and Sons insurance for environmental services [206-207]
Still attempting to get evidence of proper ins coverage
Ex. 23 [208]
07/15/93 Mem fm E. Tabangay (KSBE engr) to Tony Sereno, NA, M. Chun, Gil Tam cc A. Young, C. Wong, K. Wilkinson, BH and B. Clark re Organizational Wide ADA KSBE action plan [209]
BH says that trustees/land mgrs when it came to spending money, many times didn’t want to spend the money
ET request to devise and implement an "action plan"
Everyone was concerned about this.
Legal took over, although risk mgt issue, b/c didn’t want people to know; wanted to be able to say confidential
Spend less money, get more commission.
Ex. 24 [211]
??/??/?? ADA Class Action Claim information re McConnell suit [212-214]
Enclosure w/ next ltr?
Re ADA class action claim made on 6/26/95
They were claiming what everyone had been fearing all along