Harmon's letter to the Na Kumu Book Advisory Group

Bobby N. Harmon, CPCU, ARM

Louisville, Kentucky 40229-1655

June 12, 2004

via e-mail @ nakumu@ksbe.edu

Kehau Abad

Julian Ako

Kawika Eyre

Randie Fong

Gail Fujiomoto

Keala Kwan

Kawika Makanani

Larry McElheny

Janet Zisk

RE: The Na Kumu Book Advisory Group

Aloha,

When I wrote to you on June 10, 2004, I included an invitation for you to attend my “inquisition” at Federal Court on June 14 and 15, 2004.

At approximately 6:48 PM, EST, June 11, 2004, Respondent received a facsimile from James B. Farris, American Arbitration Association, which transmitted a facsimile from the Arbitrator, Judith Neustadter, in which she stated:

“I have received and reviewed the Respondent’s June 10, 2004, letter addressed to Kehau Abad, et al. I am also advised that the Claimant objects to the presence of non-parties at the Hearing.

“Based on the records and file in this arbitration, and the applicable American Arbitration Association Rules, in the interest of maintaining the privacy – and security – of the Hearing, I will only allow persons having a direct interest in this arbitration to attend the Hearing, specifically: Ms. Woo, Mr. Guttman, Mr. Harmon (via videoconference), and duly named witnesses, and then only while testifying. No other person will be allowed to attend the Hearing. Mr. Harmon should be instructed to immediately tell the addressees of his June 10, 2004, letter, as well as any and all other persons he may have invited to attend the Hearing (who is not on his allowed witness list), that they will not be allowed to attend the Hearing, either in the Honolulu Hearing room or in the Kentucky videoconferencing facility. And Mr. Harmon should be instructed that the Arbitrator will hold him personally responsible for any expenses or delay resulting from his invited guests’s attempts to attend the Hearing.”

< END OF QUOTATION >

My response to the American Arbitration Association was as follows:

“Judith Neustadter’s letter was received on a Friday evening, which had been declared a National Holiday for the funeral of President Ronald Reagan. Most government facilities and offices were closed for the day. This would leave only Saturday and Sunday, June 12 & 13, 2004, for Respondent to contact the dozens of persons that he has invited to attend the Hearings in both Honolulu and Kentucky. Clearly, sufficient notice has not been provided to contact all these persons that the Hearings have been closed. Some of these persons may be flying to Honolulu, and may have already made airline and hotel reservations which may result in cancellation fees. Some of these persons may be legislators and other government officials who have a legitimate interest in these proceedings, such as Hawaii Legislators, the Attorney General’s office, the Internal Revenue Service, etc. The Arbitrator should be aware that Harmon has invited a great number of persons to attend these Hearings who are not listed in his letter of June 10, 2004 to The Na Kumu Book Advisory Group.

“Closed Hearings will also violate the AAA’s Rules prohibiting the Arbitrator and Claimant from being in the same location if Respondent, or his legal representative, are not present. If these Hearings are closed to the public, I would need to insist that these Hearings be conducted in a three-way teleconference.

“In her letter of June 11, 2004, which was addressed to James B. Farris, Senior Case Manager, Judith Neustadter states that “Mr. Harmon should be instructed [emphasis added] to immediately tell the addressees of his June 10, 2004, letter, as well as any and all other persons he may have invited to attend the Hearing. ... And Mr. Harmon should be instructed [emphasis added] that the Arbitrator will hold him personally responsible for any expenses or delay resulting from his invited guest’s attempts to attend the Hearing.” The facsimile from James B. Farris dated June 11, 2004, addressed to Steven Guttman and Bobby N. Harmon, did NOT contain any instruction that the Hearings would be closed, or that Respondent was to immediately notify all of his invited persons that they will not be permitted into the Hearings.

“Respondent, therefore, is of the belief that Judith Neustadter’s request to the American Arbitration Association for Closed Hearings has not been granted, and that the Respondent is not required to send notification to his invited guests. Due to the Arbitrator’s late notice, Respondent assumes no responsibility for any expenses or delays resulting from my invited guests’ attempts to attend the Hearing.”

As I have not yet received a response regarding the status of the hearings, I am uncertain whether or not the Arbitrator will be permitted to deny the public access. Since it is doubtful that I will have the chance to contact you again before the scheduled Hearings, you may wish to check with the Court in Honolulu before traveling there. I will also update the following website as soon as I learn anything further:

www.kycbs.net/HarmonArbitration.htm

Again I wish you success with your book project, and apologize for any inconvenience this notice may have caused!

Sincerely yours,

Bobby N. Harmon

cc: Dr. Randy Roth, via e-mail @ rroth@hawaii.edu

James B. Farris, Senior Case Manager

American Arbitration Association

via fax @ 559-490-1919, and e-mail: Farrisj@adr.org

Mary Lou Woo, Trustee,

c/o Steven Guttman, Esq., Kessner Duca Umebayashi Bain & Matsunaga

(via fax only @ 808-529-7177)

Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)