Office of The United States Trustee vs. Harmon
(Formerly Woo vs. Harmon)
U.S. District Court For the District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
~ ~ ~
HEARING ON MOTION FOR JUDGMENT
DATE: July 24, 2006, 09:45 AM
JUDGE: Hon. David Ezra
—
DOCUMENTS TO BE SUBPOENAED PURSUANT TO
SUBPOENA DUCES TECUM
The following are documents which are unavailable to me that I intend to rely on for my defense in the subject legal case:
FROM THE OFFICE OF THE ATTORNEY GENERAL AND/OR THE CAMPAIGN SPENDING COMMISSION
In Steven Guttman’s “Memorandum in Opposition To Debtor’s Motion for Order to Disapprove Appointment of James B. Nicholson as Successor Trustee” dated June 28, 2006, (www.the-catbird-seat.net/CV05-00030-Memo-Nicholson-6-28-6.pdf), he states:
“OUST, the AAA and its duly appointed Arbitrator, Judith Neustadter, as well as the individuals and entities who were parties to the Harmon litigation, are all too familiar with Harmon’s conviction that by repeatedly chanting a smorgasbord of names, dates, places, and events in the same breath, he will succeed in converting his audience to adopt his perspective of the world. The reality is that his theories of conflict and conspiracy are illogical and baseless. The subject Motion is consist with Harmon’s history of inventing conflicts.”
In order to provide clear and conclusive evidence that the conflicts and conspiracies that Mr. Guttman alleges are “illogical and baseless” are factual, rather than “invented”, Defendant believes it is absolutely necessary to subpoena certain documents that are unavailable to him, described as follows:
A. In the website (www.brokentrustbook.com), Dr. Randall Roth, professor of trust law at the University of Hawaii, and co-author (along with Judge Samuel King) of the book, “Broken Trust: Greed, Mismanagement and Political Manipulation”, the webmaster states:
Approximately four years ago an authorized agent of the Campaign Spending Commission gave Randall Roth nearly 100,000 pages of documents that had been created or uncovered by investigators on behalf of the Offices of the Attorney General and Campaign Spending Commission between 1997 and 1999, including many lengthy interviews conducted under oath and a 107-page independent report summarizing the investigators’ preliminary findings (“Independent Report”). Among other things, these materials address the systematic use of trust funds to benefit politicians. Roth wants to put all these records on this website.
Upon learning of this plan, a deputy in the Office of the Attorney General asked Roth to return all these documents–immediately–along with a complete list of the people who had access to them while they were in Roth’s possession. Roth believes all these documents are now in the public domain and that his continued possession is proper. Out of respect for the office of the Attorney General, Roth has decided to limit what he makes available on this website until this matter has been finally resolved. At present, only the Independent Report is available.
Meanwhile, Roth asks rhetorically: “What is the problem with shining a light on what happened?”
< END OF QUOTATION >
Defendant likewise believes that these documents that have been created or uncovered as a result by investigators on behalf of the Offices of the Attorney General and the Campaign Spending Commission - which were paid for by taxpayer money - are in the public domain and that Dr. Roth, or any other person, should be allowed to publish them in any media, under our First Amendment Rights as guaranteed by the U.S. Constitution (see www.kycbs.net/Freedom-To-Sing.htm ).
However, since these documents are currently not available for Defendant to present to the Court at this scheduled Hearing, he intends to Subpoena all sealed documents which, in any way, provide evidence of criminal activities involving the former Bishop Estate trustees and other parties related to this case. (More information regarding these factual conspiracies, proven illegal activities, and Defendant’s personal involvement in these well-documented and well-publicized events, can be found on the Internet at: www.the-catbird-seat.net/Broken-Trust-Book.htm)
B. As a witness in EQ2048, the Attorney General’s civil suit (as opposed to the separate criminal suits against various trustees, politicians, developers, contractors, attorneys, etc.) to remove the former Kamehameha Schools trustees, Harmon gave interviews and testimony to deputy attorneys generals Hugh Jones and Dorothy Sellars, and to private investigator, Steve Goodenow. My testimony and documentary evidence provided to the Attorney General’s office, along with the testimony of all others in this case, has been sealed by the Court, and is therefore currently unavailable to present to this Court as an exhibit in my defense.
Therefore, in order for me to provide irrefutable evidence that the names, dates, places, and events that I have listed in my witness descriptions and other court filings are factual, and are NOT just “theories of conflict and conspiracy” that are “illogical and baseless”, as Mr. Guttman contends, I intend to subpoena ALL court records involved in EQ2048 which have been SEALED BY THIS COURT.
FROM KAMEHAMEHA SCHOOLS / BISHOP ESTATE
The following documents, which have been returned to Kamehameha Schools/Bishop Estate under a court-ordered injunction are expected to be subpoenaed from Kamehameha Schools/Bishop Estate for this Hearing:
A) All Staff Reports to Trustees regarding my activities and performance including, but not limited to, the decision to terminate my employment with KSBE.
B) All Staff Reports to Trustees regarding legal actions taken by KSBE against me.
C) All Staff Reports to Trustees regarding insurance matters.
D) All Staff Reports to Trustees regarding any, and all, of my Claims against KSBE, its subsidiaries, related companies, and independent contractors.
E) All minutes of decisions made that affected my employment at KSBE and P&C Insurance Company, Inc., and my various Claims against KSBE, its subsidiaries, related companies, and independent contractors.
F) All insurance consultant, broker/agent, and insurance company contracts, including liability insurance policies, from 1990-present.
G) All personnel records, including personnel decisions.
H) All documents in the possession of KSBE, Bruce Graham, Rodney Park, Nathan Aipa, Colleen Wong, Louanne Kam, members of the KSBE legal staff, and the Law Office of Torkildson, Katz, et al, relating to IRS intermediate sanctions.
I) All documents and correspondence between Nathan Aipa, Colleen Wong, Louanne Kam, other legal staff members, PricewaterhouseCoopers, Marsh & McLennan, Cades Schutte Fleming & Wright, and any and all outside consultants, to or from the IRS and the Hawaii Attorney General’s Office relating to IRS intermediate sanctions, and/or “arms-length” rules.
J) All documents that were returned to KSBE under court injunction, as identified in the following list which originally was prepared by Harmon’s attorney, John Marshall:
11/20/96 Ltr fm Nathan Aipa to BH re termination [BH Ltr Ex. 1][1-3]
11/20/96 Ltr fm HP to BH re termination fm P&C [BH Ltr Ex. 2][4-5]
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]
- 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]
Various 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 Nathan Aipa 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 Nathan Aipa 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 Nathan Aipa 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 Marsh & McLennan for property insurance proposal (1 pg)[84]
07/01/96 Memo fm Rocco Sansone 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 Marsh & McLennan or any other agent can take over the Hobbs proposal even w/ an exclusive agent of record letter
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 Tim McGrath to Nathan Aipa (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 Louanne Kam to Rocco Sansone (Marsh McLennan) 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 Rocco Sansone (Marsh) 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 Rocco Sansone to Nathan Aipa re Arkwright/Genesis Proposal Analysis (2 pages) [BH ltr ex 7][92-93]
-Shows that Nathan Aipa was being kept advised
06/18/96 Letter of transmittal fm BH to Nathan Aipa (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 Louanne Kam/Nathan Aipa
-BH couldn’t get to trustees w/o going thru LK/NA
-Their thrust was to have Marsh & McLennan 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 Rocco Sansone (MM) to BH re "broker of record property placements" (1 page) [BH ltr ex 7][106]
-Marsh & McLennan telling BH that exclusive broker ltr should be signed 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 Rocco Sansone wanted BH to sign and which accompanied the memo dtd 8/15/96
-And Nathan Aipa and Louanne Kam 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. Marsh & McLennan couldn’t bind coverages, w/ or w/o this letter
08/19/96 Memo fm Rocco Sansone to BH re "property insurance binder: Arkwright, Genesis (1 page ) [BH ltr ex 7][108]
-Says again that Marsh & McLennan is trying to tell Hobbs that Marsh Mac is still the licensed general agent for this program
-But they are not licensed w/ Arkwright, so they cannot bind
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/ Marsh &McLennan 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 Nathan Aipa 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
-RS says Hobbs not in compliance w/ insurance code -- saying what Hobbs needs to do to be in compliance
-Marsh & McLennan is talking directly to McGrath w/ cc’s to Louanne Kam/Nathan Aipa, but BH is being blamed for mishandling whole affair
08/28/96 Ltr fm Rocco Sansone to Jim 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 agreement, because as of this date Hobbs had bound coverage since 8/15/96
-Nathan Aipa not paying bills from Hobbs, because M&M trying to get Agent of Record.
08/29/96 Ltr fm Jim McGrath to Rocco Sansone cc Nathan Aipa/Louanne Kam (2 pages) [BH ltr ex 7][115-116]
-Responding by telling MM that premiums need to be paid to 4 Star Agency, Hobbs had sent an agmt to MM re possibility of servicing agmt
-MM wouldn’t do, b/c had non-compete clause in agreement
-Rocco Sansone had mentioned to Hobbs that M&M had contacted the offices/legal of Arkwright, but 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]
-Marsh & McLennan 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, Louanne Kam/Nathan Aipa were involved in this directly, and were cc’d on everything
10/17/96 Confidential memorandum fm Louanne Kam 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]
-Another reprimand ltr, more harassment, basically
-Louanne Kam telling BH how to do job
-She got MM involved before 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 BH had to go thru para in legal dept and LK every time he needed to make a basic risk management 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 in Personnel Action Report
-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, Colleen 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 Louanne Kam.
-This is what causes the confusion and delays in responding to JFK request
11/06/96 Confidential memorandum fm BH to Louanne Kam, cc Nathan Aipa 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 Louanne Kam was supposed to be responsible for. Now blaming BH
-People on campus got the request b/c they were ones originally requesting 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, so 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 BH 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" b/t Bishop Estate & for-profit subsidiaries
10/01/94 Guidelines - P& C Insurance Company, Inc. - Arms Length Relationships (2 pages) [BH ltr ex 11][152-153]
-BH drafted this from 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 Eric Martinson/Aaron Au (Fin. Asset. Div. KSBE) to Ramona Hinck (KSBE acctg) re "insurance allocation" cc Colleen 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 subsidiaries should not be allocated these premiums.
-This had already been done, bills had gone out to subsids.
-This instruction is to have Accounting 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 Henry Peters, William Richardson, Gil Tam, Glenn Hara and Nathan Aipa (2 pages) [BH ltr ex 21][160-162]
-BH couldn’t finalize budget until knew what was going on w/ the property insurance, Arkwright/Hobbs/Marsh McLennan, 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 Peter Lowe
09/05/96 Ltr fm BH (P&C) to Peter 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 an employee of KSBE
09/06/96 Confidential telefax transmittal fm BH to Peter Lowe re "preliminary budget for P&C Ins. Co. (1 page) [BH ltr ex 21][166]
-Marsh & McLennan said they 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 Peter 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, Louanne Kam is fighting it, saying give Marsh & McLennan 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 BH didn’t receive proposals fm MMI who 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 from 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 Insurance 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 meeting notes in writing to show 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 Rocco Sansone 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 Louanne Kam & Nathan Aipa. Threatens termination if future directives not followed. Violates arms’ length guidelines against management and control of P&C 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 Sandie Wicklein (4 p) [BH ex 21] [185-188]
[BH thinks is key ltr]
-Louanne Kam is reprimanding him for failure to follow directives. Wrote ltr on behalf of P&C on P&C letterhead re fees being charged to P&C by Marsh & McLennan.
-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 letterhead.
-Heavy on "arms length" and obligation, fiduciary duties, and signing legal documents.
-BH felt he - and not Louanne Kam or Nathan Aipa - would be liable for P&C’s answers to the 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 questions re remediation, that contracts not proper, insurance not proper, bid bonds had not been arranged, questioned whether there was actual specs for bidding. Independent consultant hired w/ no contract or evidence of proper insurance.
08/01/95 Memo fm BH to Neil Hannahs, cc John Peterson, Nathan Aipa, P. Chang, Alan Yee, Alan Young, RS (Ex. 22] [193-197]
-More of same re previous 7/19/95. Difficulty in obtaining insurance for KSBE b/c of lack of contracts and info, environmental studies, etc.
08/16/95 Interoffice corres fm Chris (MM) to Rocco (MM) (ex. 22) [198]
-Still unable to obtain insurance, 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 insurance not in order for project.
-Insurers had to know contractors b/r ins
08/28/95 Memo fm Peter 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 environmental insurance coverage, still needed at least a CGL fm Stay
-Needed copies of permits, etc, insurance certificates, contracts
09/05/95 Memo fm BH to First Insurance Co. 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 Ed Tabangay (KSBE engr) to Tony Sereno, Nathan Aipa, Michael Chun, Gil Tam cc Allen Young, Colleen Wong, Karen Wilkinson, BH and B. Clark re Organizational Wide ADA KSBE action plan [209]
-BH says that trustees/land mgrs, when it came to safety, many times they didn’t want to spend the money
-Ed Tabangay 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, Trustees 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
09/06/95 Memo fm BH to Louanne Kam re McConnell claim cc Michael Hare, McCullough (United Educators, Neal Seamon, Pat Onogi (MM) Rocco Sansone, Nathen Aipa, bcc Richard Wong RHSCI, Jonathan Kim [RHSCI] [215-216]
-Pointing out that KSBE not in compliance w/ educators legal liability claims procedures
-Didn’t get approval of defense counsel fm United Educators
-Engaged experts not discussed w/ or approved by the ins co
-Also talks about arms length allocations of claims costs (w/in self insured retention) amongst entities
??/??/?? Enclosure to ltr dtd 9/6/95 above (Guidelines for defense fm United Educators) [217-220]
09/14/95 Memo fm BH to Louanne Kam re McConnell/Carrejo claim - UE file 103956 [221-222]
-A number of subsidiaries are being added as Defendants
-2 diff insurers (United Educators and Chubb)
-Started as UE b/c just KSBE; naming subsidiaries in lawsuit triggered Chubb policy
-This memo is just now giving basic details on the Chubb policies; guidelines
03/15/96 Ltr fm Michael Goolsby (Chubb) to BH [223]
-Indicated that Chubb was closing file because they were told by Nathan Aipa that defense costs would be well below the $250K deductible.
03/29/96 Fax fm BH to Goolsby [224]
-acknowledges ltr of 3/15 and advises that we had - just the day of his ltr - transmitted legal billings in excess of $250K
10/10/96 Memo fm BH to LK re UEI Chubb D&O liab claim McConnell/Carrejo cc NA [225-226]
-Re allocations of claims costs
-Had never been able to pay fees or costs to CSFW b/c never got info on how going to allocate
-So, NA started paying out of Office of General Counsel acct and telling acctg that going to be reimbursed from insurance claims acct
-BH pointing out incorrect, not all was going to be reimbursed
-Some should have been paid directly by subsidiaries
03/21/96 Memo fm Shevon Garnett (KSBE Legal) to Nancy Kane (A/P superv, controller div) re attys fees approved for pymt on McConnell case to CSFW $361,383.62 cc NA[227]
-"KSBE is to be reimbursed by [ins companies] ..."
-This is not true -- Chubb would not pay those bills.
05/28/96 Memo fm Shevon Garnett (KSBE Legal) to Nancy Kane (A/P superv, conroller div) re attys fees approved for pymt on McConnell case to CSFW $97,546.11 cc NA [228]
-More bills, same as previous (3/21/96).
05/21/96 Memo fm Linda Jacobs to Diana Montez [229]
-More bills fm Cades to be paid out of OGC budget re McConnell litigation
09/30/06 KSBE Monthly Legal Status Report on McConnell [230]
-Total billed to date $502,071.98 Ex. 25 [231]
09/23/96 Draft staff report re renewals of property and casualty insurance policies (96-97) [232-235]
-Recommending trustees approve renewal of all expiring policies
-Talking about $4 Million in premiums
-Recommends that P&C provide the prop ins proposal w/ Arkwright providing the reinsurance
-Per LK & NA, that direction was to be deleted (handwritten interlineation)
09/23/96 Revised "final version" of draft staff report re renewals of prop and cas ins policies (96-97) [236-239]
[Very impt staff report]
[Notes approval by LK but not by NA]
-Important policies, large premiums, yet never presented to Trustees by NA, even after rewritten according to Aipa’s & Kam’s instructions
09/27/96 Exhibit attached to "final" staff report w/ table showing that premiums going down every year [240] Ex. 26 [241]
11/07/96 Memo fm Rocco Sansone to Louanne Kam w/ cc to BH and Christine Lee (Marsh & McLennan) re consent to settle endorsement [242]
-arms length issue again
-Rocco Sansone/Louanne Kam working together to get control of the claims away from P&C to KSBE
??/??/?? Consent to Settle Clause (encl to 11/07/96 memo fm RS to LK) [243] Exhibit 27 [244]
07/22/92 Memo fm BH to Gil Tam re William Rosehill potential wrongful discharge claim [245-247]
-First D&O that we had, Legal not following guidelines again
-They were trying to keep BH and Mullen out of the loop in dealing w/ the attys.
-C. Wong (Legal) canceled mtg w/ James Kawashima b/c reason was political - KSBE contact is Douglas Ing - might be new boss
-Key in here, reason wrote, is that Gil Tam out of town but there are still disagreements/misunderstandings w/ Legal re handling of claims
04/25/96 Ltr fm James Kawashima to Colleen Wong (KSBE Legal) cc Joe McCullough (United Educators) [248-251] Ex. 28 [252]
08/13/93 Ltr fm Joseph McCullough (United Educators) to Lyn Anzai re claimant Kona Enterprises [253-254]
-Big claim, Wayne Rogers, hit front pages
-Trustees made individual investments and became shareholders in Kona Enterprises. Points out that policy doesn’t cover “trustee gaining any profit to which not entitled"
-Also, not re violations of SEC act of 34.
-Won’t be able to make any payments or reimbursements that don’t get approved first by insurance company
03/21/96 Fax fm Joseph McCullough to BH re KSBE [255]
-This is denying payment of all of the Cades Schutte bills because KSBE did not follow guidelines Ex. 29 [256]
08/11/93 Ltr fm Olga Harvison (Marsh McLennan) to Nathan Aipa cc BH [257]
-"Have recvd E&O claim re McKensie Methane Corp and it is being transmitted to insurer."
-Date of Loss is 3/93, letter being sent in August. It took several months before loss reported to insurance company.
08/03/93 Attach A to D&O Policy, Supp. Claim Info, Sgd by Louanne Kam for Nathan Aipa [258-259]
-D’s: HAK Partnership; Smith Gordy Methane, Gordy Oil; L.H.Smith; R.D. Gordy; D.A. Barras; L.H. Henkel; Mitch Gilbert; Royal Hawaiian Shopping Center; Maralex; M. Hare; Kukui Inc.; JGI Resources; Northwestern Mutual Life.
-Asking for 2.3 billion on this one.
-Important because some claims are covered, some are not, so if insurance company is going to defend under their policy, ... they need to know who these people are, how many contributed to defense costs, how to allocate between covered and uncovered claims so that KSBE doesn’t end up paying for everything
09/16/93 Ltr fm JM to Nathan Aipa re McKenzie Methane cc BH and Pat Onogi [260]
-Indicates that Nathan Aipa not cooperating with insurance company re providing information re lawsuit
09/17/93 Ltr fm NA to JM re McKenzie Methane cc BH and P. Onogi [261-262]
-Indicating that KSBE going to settle lawsuit; had settlement agreement drafted
-"Pls. hold this in strict confidence"
09/27/93 Ltr fm JM to Nathan Aipa re Mckenzie Methane cc BH [263]
-JM saying United cannot authorize any settlement of claim b/c Aipa hasn’t furnished information
09/30/93 Ltr fm Nathan Aipa to JM cc BH, Louie Kau, Pat Onogi [264]
-Indicates closing of McKenzie Methane settlement has been deferred for 5 days
10/07/93 Ltr fm NA to JM indicating settlement deferred to 10/15/93 [265]
10/25/93 Ltr fm NA to JM [266]
-Indicating that agreements signed by all parties, have up to 30 days to consummate settlement terms
11/15/93 Fax fm JM to NA [267]
-Indicating that monitoring coverages under reservation of rights because had received no info to determine extent of coverage
11/17/93 Ltr fm NA to JM cc BH PO LK [268]
-Indicating settlement on McKenzie deal not consumated
01/31/94 Ltr fm NA to JM [269-270]
-Confirms to United Educators Insurance Co. that Mckenzie has failed to comply w/terms of settlement agreement so continuing w/ case w/ 5/94 trial
02/01/94 Fax fm JM to NA [271]
-Requesting info on McKenzie Methane case, urges it be sent by overnight mail
02/16/94 Memo fm JM to NA [272]
-Indicating not received requested McKenzie info.So, they will wait to hear for addl information. If none within reasonable period, will close file.
-BH handwritten note on page that as of 3/15/94, Nathan Aipa still hadn’t responded (NA just wasn’t going to give any information to the insurance co.) Ex. 30 [273]
11/12/96 Memo fm Louanne Kam to BH re pers 9 failure to follow directives on Larry Ching property damage (flood) claim [274-275]
-Saying BH did not inform TPA Mullen of an earlier directive from her and Nathan that KSBE had right to appoint counsel. BH said that in P&C’s contract w/ John Mullen Co., Mullen has the choice of attorney
-"You should be able to implement oral instructions -- your req for written instructions was unreasonable"
11/20/96 Memo fm BH to Louanne Kam cc N. Aipa and Sandie Wicklein [276-279]
-Response to 11/12/96 pers 9 reprimand memo
-They should not have been involved in the first place -- arms length -- Mullen was supposed to have the call -- their call to hire expert. This was a P&C claim . But because of Trustee Wong’s wanting to get this claim settled, LK and NA got involved in directing and handling of claim. Not in accord w/ P&C’s operations manuals. Repeats all the arms length materials. Says he feels it would be a breach of his fiduciary duty to all.
10/29/96 Memo fm BH to Louanne Kam [281-282]
-Review of Marsh & McLennan’s Ins Proposal/Stewardship report dated 10/1/96. MM’s renewal proposal for P&C should not have been combined with KSBE Stewardship Report.
-Renewal proposal received too late to be included with staff report to Trustees.
-MM’s Advisory Service Fee for P&C should have been separate proposal addressed to the president of P&C (arms-length issue).
-Excess Liability premium options did not identify the markets being proposed.
-Premium & loss summaries not clear.
-Strategic Objectives not discussed with or approved by Risk Manager.
-Report does not give credit to other third party service providers.
-MM’s current role in property insurance program not explained.
10/01/96 MM’s Ins Renewal Proposal/Stewardship Report [283-344]
-Table of Contents [285]
-Executive Summary [287-289]
-Premium Summary [290] - proposal addressed to KSBE, but quotes Chart w/ renewal quotations. P&C reinsurance premiums together with KSBE quotes. KSBE trustees/employees should not be asked to decide which company reinsures P&C.
-Chart - % of prem by line. [291]
-Chart - Cost of Risk Comparison [292]
-Chart - Benchmarking/Cost of Risk [ 293]
-Chart - P&C Advisory Service Fee 1996/97 [294] - Proposes $200,000 flat fee which BH previously had told MM was unacceptable. Misrepresentations/fraud/overcharging (?): Chart shows services in breakdown of fees which are already included in KSBE commissions or other third-party fees, such as M&M Protection Consultants.
-Key Conditions/Coverage 1996-1997 [295] - “No retention for non-indemnified losses on D&O liability policy.” “Consent to settle wording to be reviewed with underwriters for all policies.” This wording not requested by BH.
-Gen Liab Ins Proposal - P&C policy [296-299] - Pertinent Extensions of Coverage: Automatic Cov for New/Acquired Organizations; Humiliation, Mental Anguish, Mental Injury, Shock and Inadvertent Discrimination are included as Covered Personal Inj Offense; Amended Pollution Exclusion; Employee Benefits Liability; Broad Form Named Insured to include all unidentified joint ventures, partnerships, etc.; Punitive Damage coverage included; Consent to settle - to be reviewed with reinsurer (this was not discussed w/ BH).
-Specified Entities Exclusions: SOCAL HOLDINGS, INC.; AUTOFUEL COMPANY; PARADISE PETROLEUM, INC; RANRAY PROPERTIES, INC; ALLRED OIL CO, INC; KUKUI OPERATING CO, INC; McKENZIE METHANE CORP. (not excluded, although not paying premium: SINO FINANCE; UNISON.) Gen Liab prem quoted of $832,530 was based in part on BH’s expense budget for P&C of $50,000 for MM’s administrative services - yet MM proposes $200,000 flat fee for these services in previous section of this report.
-Auto ins proposal (P&C) [300-302] - Extension includes “Consent to Settle - to be reviewed w/ reinsurer” - this was arranged btwn LK & MM - not BH. Consent to settle clause not appropriate for auto ins. - arms-length issue.
-Workers Comp Ins Proposal [303-304] - “Consent to Settle - to be reviewed with insurer” - not appropriate or legal (?) for WC ins. - arms-length issue.
-Non-Owned Aviation Liab proposal [305-306]
-Umbrella/Excess Liab proposals [307-310] - “Any Insured Added to a Scheduled Underlying Policy is Automatically Included” - premiums need to be allocated to these insured entities - arms length issue.
-Executive Liab & Indemnification Coverage Ins Proposal [311-314] Deductible/SIR: $250,000 applies to Insured Organization, not to individual D&O. Insuring Agreement: Clause 1: Pay losses on behalf of any Insured Person resulting from any Wrongful Act except for and to the extent that the Insured Company has indemnified them; Clause 2: Reimburse losses paid by the Insured organization resulting from claims against Insured persons for any Wrongful Act but only when and to the extent that the Insured Company has indemnified them. Key Endorsements: Employment Practice Liability End.; Entity Coverage Exclusion for For Profit Entities; Predetermined Allocation End. 100%/100% (applied to For Profit Entities); “Pay on Behalf Of” for For Profit Entities (Not duty to Defend); Breach of Contract Excl (applied to For Profit Entities).
-Fiduciary Liab Proposal [315-317]
-Crime Cov Proposal [318-319]
-Property Ins Proposal - P&C [320-322]
-Strategic Objectives [323-324] - MM includes items such as “Consult on property insurance placement and issues”; “develop wrap up program for planned expansions/construction” which are self-serving. Under “Captive Management Services” does not show use of captive for Property insurance.
-MM Service Team Chart [325-326] - shows estimated hours spent servicing. This combines and mixes services provided to KSBE, subsidiaries, P&C, for which MM was paid commissions/fees from all entities - arms length issue.
-Summary of Client Advisory Services - 10/1/95-96 [327-330] - Combines & mixes services provided to KSBE, subsidiaries & P&C - arms length issue.
-Umbrella/Excess Liab Prem Options [331] - Marsh & McLennan recommends renewal with carriers which M&M helped to form (XL & ACE) although premiums are as much as $60,000 higher than other markets. M&M does not identify the other “Domestic Markets” providing the lower quotes.
-P&C WC Loss Analysis Report [332-336] - analysis is misleading and inaccurate.
-WC Loss Summary [337-344] - inaccurate & misleading information regarding WC claims.
09/11/90 Marsh & McLennan Broker Proposal - A Comparative Analysis of Risk Financing Alternatives [345-390]
FROM P&C INSURANCE COMPANY, INC:
A) All Board of Directors Meeting Minutes regarding my activities, and my termination as president, of P&C.
B) All Minutes and other documents regarding IRS Interim Sanctions and arms-length issues.
C) All Minutes and other documents regarding the services of, and payments to, Marsh & McLennan; Aon; John Mullen & Co.; Torkildson Katz, et al.; Marr Hipp Jones & Pepper; Rush Moore LLP; Ayabe Chong, et al.; and any other independent consultants and law firms engaged by P&C Insurance Co. related to the subject lawsuit and all other claims and legal actions involving my actions.
D) All of my documents that were returned to KSBE/P&C under court injunction, listed as follows:
11/20/96 Letter from Bobby Harmon (P&C Insurance Co) to Cary Okawa, Coopers & Lybrand cc: Insurance Commissioner, State of HI re P&C Ins Co
- Annual Financial Report [Bate Stamped Nos. 840-841]
-Provides further info re issues discussed in meeting with Okawa and Dennis Tsuhako on 10/18/96: BH’s concerns with respect to “arms-length” issues between KSBE & P&C; blocking efforts to write property coverages in P&C; excessive fees being charged by Marsh McLennan (MM); attempts by persons at KSBE to direct settlement & control of P&C’s claims.
Enclosures:
10/21/96 - ltr frm BH to Eric Martinson re Insurance Allocations - SoCal; Unison; Sino [842-843]
10/18/96 - ltr fm Ramona Hinck to BH re Reversal of Ins Charges [ 844]
??/??/?? - Journal Entries - SOCAL HOLDINGS [845]
??/??/?? - Journal Entries - UNISON PACIFIC INVESTMENT [846]
??/??/?? - Journal Entries - SINO FINANCE GROUP LTD [847]
11/07/96 - memo fm Rocco Sansone (RS) (Marsh McLennan) to Louanne Kam (LK), cc BH, CL - re Consent to Settle clause (P&C) [848-849]
9/12/96 - Conf. Memo fm Nathan Aipa (NA) to BH, cc PC, LK re Change in Assignments & supervision [ 850-851]
10/09/96 - Conf Memo fm NA to BH re Pers 9 Rpt: Deficiencies in Handling of Placement and Binders for Prop Ins Prog [852-853]
11/08/96 - Memo fm BH to NA, cc LK, SW - Response to NA’s Pers 9 Report of 10/09/96 [854-867]
06/28/96 - ltr fm BH to whom it may concern - re Broker of Record Letter MM [868]
07/01/96 - ltr fm RS (MM) to BH cc: NA re Non Exclusive Authorization [869]
07/02/96 - ltr fm Mary Breighner, Arkwright to BH - re Market reserved for Hobbs [870]
07/25/96 - ltr fm Peter Lowe (MMI) to BH re P&C Ins Co. Prop Coverage [871]
07/02/96 - ltr fm Tim McGrath (Hobbs) to Nathan Aipa - transmitting property proposal [872]
07/08/96 - ltr fm Louanne Kam to RC (MM) cc NA, BH - re Prop Ins Proposal evaluation [873-874]
07/16/96 - ltr fm Rocco Sansone (MM) to Tim McGrath (Hobbs) cc BH, LK re Addl info prop proposal [875]
07/30/96 - ltr fm RS (MM) to NA - cc BH, LK re Arkwright/Genesis Prop Proposal Analysis [876-877]
08/15/96 - memo fm RS (MM) to BH, cc LK - re Broker of Record Property [878-879]
08/19/96 - memo fm RS to BH, cc NA, LK - re Prop Ins Binder Arkwright/Genesis
08/20/96 - FAX fm BH to RS (MM) re Property Ins Binder [881]
08/26/96 - FAX ltr fm RS (MM) to JM (Hobbs) cc: BH, LK, NA re Binders, etc. [882-883]
08/28/96 - FAX ltr fm RS (MM) to JM (Hobbs) cc: BH, LK, NA re Appt w/ Arkwright, etc. [884-886]
08/29/96 - ltr fm Jim McGrath (Hobbs) to Rocco Sansone (Marsh McLennan) cc: BH, LK, NA re pt w/ Arkwright, contract w/ Hobbs, etc. [887-892]
08/28/96 - FAX ltr fm BH (P&C) to PL (MMI) cc: Henry Peters, Wm Richardson, Gil Tam, Glenn Hara, NA re P&C Budget [893-898]
09/05/96 - Memo fm BH (P&C) to Peter Lowe (MMI) re Ins Renewals/Budget [899]
09/05/96 - FAX fm PL (MMI) to BH, cc: RS (MM) re renewals/budget [900]
09/06/96 - FAX fm BH (P&C) to PL (MMI) re Prelim Budget for P&C [901]
09/11/96 - FAX memo fm BH (P&C) to PL (MMI) re Budget/Renewals [902]
09/17/96 - FAX memo fm BH (P&C) to PL (MMI) re Overdue Pending Items - P&C Renewals [903]
09/17/96 - FAX memo fm BH (P&C) to Peter Lowe (MMI) re P&C Renewal Prems/Budget for 96-97 fy [904]
09/18/96 - FAX fm BH (P&C) to PL (MMI) re P&C Renewal Prems [905]
10/01/96 - Memo fm BH (P&C) to PL (MMI), cc: LK, RS re M&M Third Party Service Provider Contract [906-908]
10/29/96 - Letter fm BH (P&C) to RS (MM), cc; NA, LK, PL [909-913]
10/30/96 - ltr fm LK to RS (MM), cc NA, BH, PL re Fees for Services to P&C Ins. Co [914]
10/31/96 - Conf. Memo fm Louanne Kam to BH (KSBE), cc Nathan Aipa, Personnel Jacket - re Pers 9 Report: Failure to adhere to directives [915-916]
11/20/96 - Memo fm BH to LK, cc: NA, SW - re Per 9 Report - failure to Adhere to Directives [917-920]
11/08/96 - Memo fm BH (P&C) to Chris Lee (MM), cc Louanne Kam, GL, Rocco Sansone re Am Re /Risk Mgt Consulting Fees [921-923]
10/01/96 - Memo fm BH (P&C) to Peter Lowe (MMI), cc Louanne Kam, Rocco Sansone, PO, Robt. Kuroda (John Mullen & Co.) re Revisions is Captive Ops Manual [924-925]
INDEX TO OUST VS. HARMON
www.the-catbird-seat.net/OUST-vs-Harmon.htm
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