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Kanuikapono HSPCSC July 2018 Investigation
Kanuikapono HSPCSC July 2018 Investigation
Submitted written testimony of Lorilani Keohokalole-Torio, Desirea Peterson, and Kainoa Wojak
(former employees of Kanuikapono PCS terminated June 15, 2018 by current Interim Governing
Board) in response to agenda item:
II. Update/Action on Intervention Protocol for Kanuikapono Public Charter School's Notice
of Concern Regarding:
Ill. Update/Action on the Commissioner's Action Taken on July 12, 2018 and Reconstitution
of Governing Board for Kanuikapono Public Charter School
The following is written testimony as witnessed by the above former employees during and
following their employment at Kanuikapono Public Charter School located at 4333 Kukuihale
Road, Anahola, Hawai'i 96703.
PRESENTATION/ANALYSIS
Issue Testimony/Concerns
Governing Board composition Under the current Board Directory posted on the
appears to violate statute HRS kanuikapono.org website (see Exhibit 1 Board
302D-12 Directory) on this date of Tuesday, July 17,2018 as
nominated and elected at the Kanuikapono Governing
Board Meeting on Tuesday, July 17, 2018, (see
Exhibit 2 7.17.18 Meeting Agenda) we testify to know
the titles and relationships of its listed members are as
follows:
The non-profit organization appears Per a phone call by Kainoa Wojak to the State of
to Hawai'i Department of Commerce and Consumer
have replaced the Governing Board Affairs, #808.587 .4272 on July 17, 2018 two of the
currently listed registered officers of Kanu I Ka Pono,
Inc are on the KPCS Board:
Governing Board Minutes do not As ofTuesday, July 18, 2019 we have noted the
include all of the required documents following inaccuracies with the KPCS Governing
Board's reporting of their meetings, agendas, and
minutes: See school website,
htt!;!s://sites.google.com/view/kanuika!;!ono/home
under Governing Board.
There are no legal records of the Per a phone call by Kainoa Wojak to the State of
discussions, decisions, and the votes Hawai'i Department of Commerce and Consumer
taken that validates the resignation Affairs, #808.587.4272 on July 17, 2018, according to
of members, or legitimate seating of the last annual filing report dated February 17, 2018
the new members, represented in the following persons are currently listed as the
the April18, 2018 emai registered officers of Kanu I Ka Pono, Inc. the
domestic non-profit organization located in Anahola,
Hawai'i 96703:
RECOMMENDATION
___We bear testimony to the best of our knowledge that these statements are true and seek
to obtain amends in light of these events. All evidence obtained and held by us may be perused
upon request. We respectfully implore the Commission and its Governing Board to take into
consideration our witnessed testimony when deliberating the course of action and strongly urge
that you uphold the Notice of Concerns and the recommendations submitted by the Commission
as authorizer. We kindly ask that you take into consideration the repeated actions of those
acting on behalf of Kanuikapono PCS that demonstrate their strong sense of entitlement, and
lack of respect/concern for upholding the Charter Contract and the laws that govern them. We
strongly urge the authorizer to pursue criminal charges against the persons acting on behalf of
Kanuikapono PCS that have willfully continued to be out of legal compliance, both financially
and otherwise.
Mahalo to the Commission and Board for allowing our witnessed testimony to be submitted. We
are humbly in your service and graciously make ourselves available for further
contact/comment/requests by the Commission and its Board.
Contact Information:
Lorilani Keohokalole-Torio
Desirea Peterson
Exhibit 1
Taken from the kanuikapono.org website on July 17,2018. Document Kanuikapono Board of
Directors Roster.
https://docs.google.com/document/d/1xzMQSaEI2EYiu yF6dpV75wnEcplbFhbRrMp42Lvoas/e
dit?usp=sharing
Governing Board Roster
Kanuikapono Public Charter School
Last Name Name Officer Affiliation/Expertise Contact Phone Contact Email Related Term Voting
Position to Emp
Figueroa Nestor Director Founding Parent, (808) 645-6038 nestor@12urehearts.com No 3 Yrs Yes
Former INC Board Chair
Management Consultant
Kaneakua Nalani Vice Chair Cultural Expert (808) 635-0890 hokulei808@live.com No 3 Yrs Yes
Host Community Member
Aton Kanani Chair Cultural Specialist (808) 987-3056 kananiaton@gmail.com No 3 Yrs Yes
Educator
Jones Donald Director Parent, Community Member (808) 333-1903 srjdl j@gm ail.com No 1 Yr Yes
Educator
Smith Kathryn Ex-Officio Kanu PCS Program Director (808) 278-7133 kws.kanu@gmail.com No 3 Yrs No
Educator, Administrator
Maii Maile Nominated Voyaging Specialist, parent (808)634-0658 mailemaii@me.com No 1 year Yes
Advisory Council
Torio-Kauhane lpo Kanu INC Non-profit Support Org CEO (808)645-0987 i(2o.kanu@gmail.com Yes No
(updated 7/17/18)
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Exhibit 2
Taken from the kanuikapono.org website on July 17, 2018. Document 7.17.18 Meeting Notice
Agenda for Special Governing Board Meeting
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Time Action Taken Motion/
Agenda Assignment
Item/Discussion /Deadline
Attendees:
Other:
Pule and
Welcome
5 Review/Approve Minutes
5 Budget
5 Staffing Plan
5 Contracts/Services
Taken from the kanuikapono.org website on July 17,2018. Document 5.2.18 Meeting Agenda
Interim Governing Board Meeting and Document 2018 05 02 Kanu Governing Board Meeting
Minutes
https://docs.google.com/document/d/19eerG68TSEQkyWGmlrYfLUchqfTrRwStfGcCSshUuoo/e
dit?usp=sharing
Governing Board
Special Meeting
May 2nd 2018
Attendees: Nestor Figueroa, Nalani Kaneakua, Darlene Pa, lpo Torio, Brenda Barker (HSTA), Donald Jones, Kathryn Smith,
Kamahalo Ka'uhane, Kainoa Wojak, Gerald Ako (HGEA)
10 Minutes from 4/18/18 Recommendation: Approve the 4/18/18 Meeting Motion: Nestor
Meeting Minutes. Second: Darlene Pa
Vote: Unanimous
2 YTD Financial Report Recommendation: Postpone the financial report for Qtr Board agreed to table the financial
2 and Qtr 3 after the May 4 meeting with Bryan to the report to the next meeting.
Quarter 3 Financial June 8 meeting and include a final report on the NOC
Report and fiscal strengthening.
5 Mid Cycle Visit Addendum to update committee on Governance and Review mid-cycle report and be
Leadership - lpo to submit by end of day Thurs. available to committee on Monday.
Kanuikapono Public Charter
Governing Board Meeting
May 2nd 2018
Board Members needed on Monday May 8th (availability Be present during scheduled times
DP, NF on Monday 8-9 and Nalani Kaneakua Tuesday- with committee.
12-1:00pm}
New Business
15 Policy Change Recommendation: Give sibling applicants a preference Motion: lpo Torio
vs. an exemption. An additional 6 lottery tickets will be
provided to siblings. Second: Nestor
2 Next Board Meeting Public Meeting on June 4th 2pm @ Kanu Halau
Exhibit 4
Taken from the kanuikapono.org website on July 17, 2018. Document 6.18.18 Work Group
Meeting Agenda (document opens up the minutes of meeting) and screenshot taken on 6.6.18
of 6.8.18 Kanu Gov Board Mtg Agenda.
https://docs.google.com/document/d/18zpyCeSgpOJ7umbpgpWb2Tbmg6Xs9drAWF4oAMQggJ
0/edit?usp=sharing
https://drive.gooale.com/open?id=OB2VGmXeCX81 DWjNZVnprdHZCaS1yYXIGczctOEFSTDF4
Vm5Z
KANUIKAPONO
Governing Board
Restructuring Committee Work Group/Executive Session
June 8, 2018
New Business
Staffing Plan
Teacher Rehire Contracts
New Teacher Hire Contracts
Resource Instructor Interview and Hire Process
Support Staff-
Old Business
• Review and Approval of revised minutes from previous meeting/s
KANUIKAPONO • Review and Approval Qtr 3 and Financial Statement
• Governing Board Composition Update
• SY 2017-2018 INC-PCS Reconciliation
New Business
• Acceptance of Nomination for Alumni Director
• Revision to Bylaws
• Supplementary Agreement (Review and Discuss)
• SY 2018-2019 Budget and Staffing Plan
• Kanu INC
• SY 2018-2019 Monthly Lease and Groundskeeping Agreement
• Contract Services (KS, Kanaeokana, OHA, CRA, 'Ike Hawaii ,
After-school , CSI, other)
Exhibit 5
https://drive.google.com/open?id=OB2VGmXeCX81 DSVh3UW5MeGF6endfWEY5eVpmaTJDT
TltRXcO
Exhibit 6
Regarding Kanuikapono
1 message
Aloha,
I am writing as a concerned parent regarding what I have seen and heard about what has been going on at Kanuikapono
for the last school year, and perhaps longer.
To begin, I wholeheartedly believe in this school- it's mission, it's purpose, the emphasis on olelo Hawaii, the Hawaiian
culture, the experiential and project-based learning, and the community as a whole, and very much hope it will stay open
and continue to grow and exist as an option for our keiki.
With that being said, I am very disappointed in the administration and am very hesitant to believe that all that I enjoy and
love about the school, (listed above), can continue with the current administration and board.
The nepotism in the school is unprecedented and the fact that they are not (and have not) been in compliance as a board
for so long is astounding. The misappropriation of funds is shameful, as well as the wrongful termination of several
employees who were doing the right thing by reporting what they saw. I also find it disturbing that the school feels it can
change the admission policy at the drop of a hat, (which I do believe is not allowed), so that the outstanding rule of sibling
priority is no longer.
I thank you for your time and sincerely hope that the decision made will be in light of what is truly best for our keiki and
our community.
Mahala!
From: Robin Puanani Danner, AHHA Board Member & Vice President
1. Land the School Sits On. The school sits on our trust lands in Anahola, set-aside by the U.S.
Congress in 1921 to benefit beneficiaries of the Hawaiian Homes Commission Act of 1921, of
which the State of Hawaii, including this State Charter Commission is obligated to uphold as
stated in the 1959 Hawaii Admissions Act. Kanukikapono pays no land lease rent to our HHCA
Beneficiary Trust for the use of our lands (an estimated value of $18,000 annually for land use).
In a very real sense, HHCA Beneficiaries are subsidizing this school.
Regardless, our homestead association supports having a charter school on our lands, to serve our
children and the larger community of children, so long as the school functions in the best interest
of children.
2. Board Experience. I served on the Kanuikapono nonprofit board of directors, and resigned 3
years ago, when it became apparent to me, that the leadership of both the school and the nonprofit,
were engaging in unethical practices and financial mismanagement of public school dollars,
regardless of my calls to halt such behavior.
3. Research. In 2015 and 2016, after leaving the board to protect my own integrity, the issues
became so alarming, that our homestead association launched an "Accountability Project". As
such, I engaged on behalf of our homestead association to research the unethical actions and
misuse of State public school funds to push the Kanuikapono leadership to make change, to
reform.
The findings were stunning. Plane tickets by Ipo Kauhane to pay for cousins, nephews, children,
family members to fly to family funerals, Merrie Monarch and the like, groceries purchased at
Safeway, Costco, etc. Indeed, when I requested data under the public information laws, the
accounting firm provided me a copy of expenses with references to the purpose of expenses, and
then Ipo Kauhane provided me the same list, with the purposes revised, clearly to hide the
personal nature of the expenses.
In short, Ipo Kauhane held a debit card to the School checking account, which is public funds.
When I informed her that having and using a debit card to purchase plane tickets, to purchase
Starbucks coffee, to purchase groceries, is a terrible practice, it was ignored.
Founded in 1982, AHHA is a native Hawaiian Homestead Association as defined by 43 CFR 47 & 48, serving the
Anahola region of trust lands established under the 1921 Hawaiian Homes Commission Act.
In one instance, it was revealed that Ipo Kauhane paid her sister more than $10,000 in severance
pay after terminating employment. At a homestead meeting, her sister attended and blurted out,
that the money was "hush money", her words, not anyone else's words.
In another instance, we informed the School and its nonprofit, that it was not right to build school
facilities with philanthropic dollars, and then to require the School to pay the nonprofit $42,000
annually for facility rent to the nonprofit. Those dollars should remain with the School to benefit
the kids, to fund a lunch program, or an additional teacher aide, etc.
Regardless of the stunning and very likely minimum findings our Accountability Project produced, we
support the existence of the Kanuikapono charter. We need this school in our community. We simply
want a school run for the purpose of children, not a faruily fund.
We want the Charter School Commission to do its proper oversight, to get this school functiouing as it
should, to reconstitute a proper governing board, and eliminate the double dealing between the school and
the nonprofit. We want top notch leadership, transparent leadership, financial accountability and delivery
of the top notch education that our children deserve.
I would like to express to the Charter School Commission, that this sharing does not come easy for me or
any member of the homestead association. We were heartbroken, remain heartbroken that this school,
and therefore its teachers, its students, have suffered needlessly. I do not submit this sharing to harm
anyone, but rather, to be truthful to the issues that have plagued and held back its tremendous potential in
our homestead.
Mahalo.
Attachments.
Founded in 1982, AHHA is a native Hawaiian Homestead Association as defined by 43 CFR 47 & 48, serving the
Anahola region of trust lands established under the 1921 Hawaiian Homes Commission Act.
REQUEST TO ACCESS A GOVERNMENT RECORD
TO: Sarah Nakamoto and Ptma Dawson at Kanuikapono Public Chruter School
Although you ru·e not required to provide any personal infonnation, you should provide enough infmmation to
allow the agency to contact you about this request. The processing of this request may be stopped if the agency is
unable to contact you. Therefore, please provide any infonnation that will allow the agency to contact you (name
or alias, telephone or fax number, mailing address, e-mail address, etc.).
1. A copy of all severance pay agreements between KPCS and any fmmer or cunent employee since the
inception ofKPCS.
2. Provide a ctment list of the boru·d members on the actual School goveming board.
3. Copies of all credit card or gas c.a1·d statements for the school year 2013-2014. 2014-2015 & 2015-2016.
4. Copies of receipts. itinerruy and/or other notes explaining pavments from the school checking account as
follows:
[g] Check this box if you are attaching a request for waiver of fees in the public interest
REQUESTER'S RESPONSIBILITIES
You have certain responsibilities under §2-71-16, Hawaii Administrative Rules. You may obtain a copy
of these mles from the Lieutenant Govem or's Office or fi·om the Office of Information Practices. These
responsibilities include making ruTangements to inspect and copy records, providing futther clru·ification
or description of the requested record as instructed by the agency's notice, and making a prepayment of
fees, if assessed.
Mahalo for your fiduciary responsibilities at our charter school serving the homestead and
larger community of Anahola, and all of the children enrolled from across Kauai.
As many of you know, our homestead association launched a school accountability project in
2015 when several incidences of odd or unethical actions were being taken by the KPCS
Principal and KPCS Inc Executive Director. Many attempts were made to discuss these
incidences, to make recommendations, and to work with our school administration. These
attempts were met with disregard.
The issues, and the school however, remain whether its leadership engages with our segment
of the Anahola community or not. And so, we have embarked on an accountability project to
raise awareness among our families and friends, and our school board about the issues we see
need improvement at KPCS.
We have requested through the public disclosure laws of Hawaii, several pieces of information
related to staffing, budgets, salaries, and agreements of the school. We have also analyzed
other data that is available through the Charter School Commission, for example the 2015
rankings of all public charter schools.
First, we want to say thank you to the school administration for taking initiative in the last 3
months to work on many needed improvements. We can see that our efforts are garnering
positive results, and we hope to see more over the next year.
Three of the items that we would like the school board to convene around in the near future
are as follows:
b. A formal policy about severance pay adopted, retroactive to 2014 for all other
employees leaving the employment of KPCS. For example, three excellent
elementary teachers have notified the school that they will be leaving at the end
of this school year.
Our preference is item "a" above, as paying leaving employees a severance does not
comport to prudent management practices, but we leave the deliberation to the school
board.
2. To cancel any and all"debit" cards wherein the administration of the school is able to
spend school funds without proper documentation or approval of the board. In our
review of school expenditures, it is noticeable the frequency by which school funds are
spent for 1 or 2 cups of coffee at Star Bucks and even on highly questionable flights for
family members to Merrie Monarch.
The school administration should be restrained by its governing board to more prudent
fiscal systems and processes of review of expenditures and then reimbursement. More
than $1.5 million in public funds flow through the school checking account in any given
year.
3. To review the executed agreement between the school and the KPCS nonprofit on
paying school funds to this nonprofit in the amount of $42,000 annually. We would like
consideration of this agreement to be terminated. In addition, we ask that the school
board prohibit any of its employees, including the principal of the school, to be the
executive director of the nonprofit- a clear conflict of interest, to both the school and
the nonprofit. It would behoove the nonprofit to either hire or appoint its own
volunteer executive director to ensure an arms-length relationship.
As we have shared on numerous occasions, the transfer or even the ability to transfer
funds from school funds to the nonprofit for facilities that were provided via
philanthropic purposes, is wrong. These funds should remain at the school to benefit
students and teachers.
Mahala for your consideration of these items. As we are prepared to make additional
recommendations that have not yet been acted on, we will bring them forward for the board's
review.
Page 2 of 2
7/18/2018 State Public Charter School Commission Mail - Kanuikapono PCS
Kanuikapono PCS
1 message
Aloha,
I am a relative of 3 students who currently attend Kanuikapono PCS and would like to express my concern with the
current composition of the board of directors at the school. I believe the public should be able to:
- vote in new board members
- vote for who is Chair
- vote on decisions/changes that affect us and the students
I am not sure why this is currently not the case, it seems logical and imperative that a more democratic system be in
place.
I am writing to submit testimony in regards to the non-compliant composition of Board of Directors at Kanuikapono Public
Charter School in Kauai County.
As you now know, many things have been happening at the school for some time that have not been pono. Please help
us have a new board that will look out for the best interest of the students and teachers/staff.
To be clear: CUTTING FUNDING FOR THE SCHOOL WILL BE AN ENORMOUS DISSERVICE TO OUR LOCAL
COMMUNITY AND TO ALL THE CHILDREN WHO HAVE GROWN TO SEE THIS SCHOOL AS A SECOND HOME.
What we need is a new board of directors, not for the school to be shut down. We are a strong and caring community of
parents who will step up to help where needed. We need you, the commission, to help us clear the corruption and
disregard for students that we have been experiencing with this board, BUT NOT CUT FUNDING FOR THE SCHOOL.