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State Public Charter School Commission

General Business Meeting


Thursday, July 19, 2018
10:30 a.m.
1111 Bishop Street, Suite 516
Honolulu, Hawai'i 96813

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:

A. Statutory Composition Requirements of the Governing Board and School


Policies and Procedures

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:

Nestor Figueroa, Kanu I Ka Pono, Inc. Secretary and


Director (see below per phone call to State of Hawaii
Department of Commerce and Consumer Affairs,) also
paid contractor of KPCS under Pu'uwai Hemolele (see
Exhibit 6 under 7.12.18 Commission submittal,) also
paid contractor of KPCS under Martin Figueroa,
husband to KPCS Accountant/Bookkeeper, Peggy
Figueroa (See Kanuikapono Joint Emergency Meeting
Minutes April16 under 7.12.18 Commission
submittal,) also KPCS Board Member (see Exhibit 1)
Nalani Kaneakua, Kanu I Ka Pono, Inc. Director (see
below per phone call to State of Hawaii Department of
Commerce and Consumer Affairs and Exhibit 8 Joint
Emergency Meeting Minutes April 16 under
Commission submittal,) KPCS Governing Board
Member (see Exhibit 1) former vendor/contractor of
KPCS from May 2017 and former paid instructor of
KPCS
Darlene M. Pa, KPCS Governing Board Director (see
Exhibit 1), Relative of students attending KPCS, Kanu
I Ka Pono, Inc. Board Member (see Exhibit 8 Joint
Emergency Meeting Minutes April16 under 7.12.18
Commission submittal and see below per phone call to
State of Hawaii Department of Commerce and
Consumer Affairs)
Kanani Aton, KPCS Board Chair Member (nominated
and elected at the 7.17.18 Kanu Governing Board
meeting see recording of meeting!) Kanu I Ka Pono,
Inc Board Member (See Exhibit 8 Joint Emergency
Meeting Minutes April 16 under Commission submittal
and see below per phone call to State of Hawaii
Department of Commerce and Consumer Affairs)
Donald Jones, Current instructor (employee) at KPCS
Kathryn Smith, Former instructor at KPCS (5th grade
Teacher SY2016-2017 for Kainoa Wojak's son), Dean
of Students and Staff (employee) at KPCS (see Exhibit
8 Joint Emergency Meeting Minutes April16 under
Commission submittal;) also Po'o Kumu, and Charter
School Program Director (see Exhibit 3 under
Commission submittal) and Kanu PCS Program
Director, Educator, and Administrator (see Exhibit 1)
Lexxus Gomes, KPCS Board Member (see Exhibit 1)
Alumni of KPCS, Mother, Calveena "Pua" Gomes is a
current instructor at KPCS.
Manulele Clark, KPCS Board Member (nominated
and elected at 7.17.18 Kanu Governing Board
Meeting) Grandparent of student
Maile Mai'i, KPCS Board Member (nominated and
elected at the 7.17.18 Kanu Governing Board Meeting)

At the last Commission meeting on July 12, 2018


Commissioner Sylvia Hussey asked lpo Torio-
Ka'uhane several times what her role/title/position was
at Kanuikapono. lpo's response was she was at the
meeting to support the school. At that time she was
still the Executive Director of Kanuikapono on paid
sabbatical. Her last work day was June 15, 2018.
She is being paid as Executive Director through July
31st, 2018.
Has the Commission received a list of the new hires
(employees) at KPCS? Are any of the new members
of the Board new employees or relatives of new
employees?

Per a phone call by Kainoa Wojak to the State of


Hawai'i Department of Commerce and Consumer
Affairs, #808.587.4272 on July 17, 2018, according to
the last annual filing report dated February 17, 2018
the following persons are still currently listed as the
registered officers of Kanu I Ka Pono, Inc. the
domestic non-profit organization located in Anahola,
Hawai'i 96703:

Jenevieve Torio- VP, Treasurer, Director


Nestor Figueroa- Secretary, Director
Kepa Kruse - Director
Nalani Kaneakua - Director

We believe there is sufficient evidence provided to


prove violation of HRS 302D-12

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:

Nestor Figueroa - currently Secretary and Director of


Kanu I Ka Pono, Inc., stepped down as Chair of KPCS
Governing Board at 7.17.18 Kanuikapono Governing
Board Meeting, currently nominated and elected
KPCS Governing Board Director at same meeting
Nalani Kaneakua - currently Director of Kanu I Ka
Pono, Inc. and currently KPCS Governing Board
Director

Darlene M. Pa- Kanu, Inc. Board Member {see


Exhibit 8 Joint Emergency Meeting Minutes April 16,
2018 under 7.12.18 Commission submittal and see
phone call to State of Hawaii Department of
Commerce and Consumer Affairs,) currently only
original KPCS Governing Board Director listed on
Board Directory prior to April 16, 2018 Joint
Emergency Meeting.

The State of Hawai'i Department of Commerce and


Consumer Affairs does not recognize Darlene M. Pa
and Kanani Aton as registered officers of Kanu I Ka
Pono, Inc. even though they were nominated and
elected as such at the Joint Emergency Meeting April
16, 2018. The current Kanuikapono Board Directory
posted on the kanuikapono.org website as of 7.17.18
does not accurately reflect the Affiliation/Expertise of
its members. It has been less than one year since
Nestor Figureoa has been a vendor/contractor of
KPCS.

Governing Board members are nominated and elected


by current Governing Board members. The public is
not allowed to vote as stated and witnessed in the
meeting held on July, 17, 2018.

We believe there is sufficient evidence provided to


prove violation of Section 2.9 and Section 3.1 of the
Charter Contract, and violation of HRS 3020-12

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.

May 2, 2018 - (See Exhibit 3) Meeting Schedule states


Executive Session, Regular Meeting. Meeting Agenda
states Quarterly Meeting. Meeting Minutes states
Special Meeting. Which is it? Kainoa Wojak attended
and is able to provide a recording of the May 2, 2018
meeting. Enrollment/admission policy changed at this
meeting.
June 8, 2018- Meeting Schedule states Regular
Meeting. Meeting Agenda states Regular Meeting.
Meeting Minutes states Restructuring Work
Group/Executive Session. Kainoa Wojak attended this
meeting on June 8, 2018, along with 2 HGEA union
reps. This meeting was a "talk story" session. No
agenda items were discussed. When the meeting
adjourned and the public left, the Board Members
conducted another meeting behind closed doors in
lpo's office. There were no Motion/Action during the
pubic meeting. There were no Motion/Action listed in
the Minutes. Kainoa Wojak is able to provide a
recording of the June 8, 2018 meeting prior to closed
doors.
June 13,2018- This meeting is not listed on the
Meeting Schedule. This meeting was not scheduled at
the June 8th meeting that Kainoa Wojak attended. No
6-day public notice was given. Meeting Agenda was
posted on the website June 13th, but has since been
removed. Minutes of meeting is available on website.
July 11, 2018- This meeting was scheduled during
the June 13, 2018 meeting. Meeting Schedule states
Work Group Meeting. There are no Meeting Agenda or
Minutes posted. Per lpo, this meeting was cancelled.
No public attended. Unable to confirm if 6-day public
notice was given for next meeting on July 17, 2018.
July 17, 2018- meeting was added to Meeting
Schedule and posted on July 13, 2018 by Nestor
Figureoa. Correct Meeting Agenda posted on
kanuikapono.org website on Monday, July 16, 2018.
See exhibit 6 recording of meeting held.

Some meeting agendas and minutes have been


conveniently changed and/or omitted. Consistent with
past performances, the Governing Board deliberately
omits discussion of part or all agenda items as
demonstrated in its last 5 meetings.

Sufficient 6-day public notice is not given by consistent


means. For example on the school's website under
Governing Board in the Meeting Schedule document
under column Method/Date Posted it lists the
following:

Google Site and Calendar: google site is


kanuikapono.org, calendar is the Meeting Calendar on
the google site under Governing Board.
Phone, text, email, google site and calendar: Who
did they phone, text, and email for the April 16th
meeting? The public did not receive a phone call, text,
or email.
June 8, 2018 Calendar: Where is this calendar?
Was it distributed to the public? Kainoa Wojak
attended this meeting and there was no "calendering"
done at this meeting.
July 11,2018 Work Group Meeting: If the method of
posting for the July 17, 2018 meeting was at the July
11, 2018 Work Group Meeting that no public attended
because, per I po, the meeting was cancelled how was
the public notified?

We know to be true that the Governing Board


consistently changes the postings of meeting
schedules, agendas, and minutes of meetings after
meetings were held to reflect not what was discussed,
but what Commission is requesting.
We believe the deliberate failures of the KPCS
Governing Board to provide accurate evidence of all
required documents and the limited evidence the
public may provide demonstrates violation of HRS
302D-12(h)

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:

We believe the State of Hawaii Department of


Commerce and Consumer Affairs annual filing report
dated February 17, 2018 is a legal document that
provides evidence that the persons listed above are
indeed the registered officers of Kanu I Ka Pono, Inc.
This supports the claim that they are in violation of
HRS 302D-12(h) and Section 3.3 of the Charter
Contract

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

Pa Yvonne Secretary Kupuna (808) 635-6216 tutu12a@msn. com No 3 Yrs Yes


Host Community Member
Founding Grandparent

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

Gomes Lexxus Director Alumni (808)855-0938 lexxusg@hawaii.edu Yes I year No


College Student

Maii Maile Nominated Voyaging Specialist, parent (808)634-0658 mailemaii@me.com No 1 year Yes

Clark Manulele Nominated Community Partner, (808)212-5166 No 2 year Yes


grandparent

Advisory Council

Barker Brenda HSTA Teacher Representative (727)599-3309 auntiebrendabarker@gmail.com No 1 Yr No

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

https://docs.google.com/document/d/1 JZBo8DQbp4X91j 162gK5vhuWxmTcSKGOXw41 UjY5sQ/e


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Time Action Taken Motion/
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Item/Discussion /Deadline

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Other:

~Om in Executive Session

Pule and
Welcome

5 Review/Approve Minutes

5 Review Financial Documents

5 Review/Approve Revisions to Bylaws

5 Budget

5 Staffing Plan

5 Contracts/Services

5 Nomination and Election of New Board Member


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Exhibit 3

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

https://docs.google.com/document/d/1 moD751061 Hri P5WsRhNOefxOb6Vii2BCkX2NEQ7SSE


/edit?usp=sharing
MEETING NOTICE
Interim Governing Board
Wed, May 2
Quarterly Meeting 5:00-6:00 pm
Adm1in Office

KANUIKAPONOI Proposed !M eeting .A genda

1.. Executive Session


2. Old Business 2016~20 1 7
• IRev]ew and Approval of minutes from last meeting/s
• WASC Pre-visit Update
• Upcoming Mid-cycle Visirt: - Review Schedule and Addendum
3... New Business
• Preference vs Exemption Policy
• Proposed Leadership Structure
• Gove:m ing Board Composition- Donald Jones Nomination
• !N ext Regular Public Meeting

"'CultiuatinQ the 2 .l st century Mupua'a~


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KANUIKAPONO

Governing Board
Special Meeting
May 2nd 2018

Time Action Taken Motion/


Agenda Assignment
Item/Discussion /Deadline

Attendees: Nestor Figueroa, Nalani Kaneakua, Darlene Pa, lpo Torio, Brenda Barker (HSTA), Donald Jones, Kathryn Smith,
Kamahalo Ka'uhane, Kainoa Wojak, Gerald Ako (HGEA)

min Pule and Welcome

25 Executive Session Leadership Transition


NOC/Reconciliation Update
Deputy Attorney General - Employment Division
Employee Grievance
Investigation Update

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 WASC Pre-visit Update Update and Discussion- Nestor provided update,


discussion among Board members and meeting
attendees

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

10 Donald Jones Recommendation: Donald Jones to serve a one year


Nomination to term as a Board a Director. Motion: lpo Torio
Governing Board
Clarification: Although Donald Jones is a teacher, he
does not hold a teacher seat, nor is he on the Board to Second:Nestor
represent the teachers or any other special interest
group. Vote: Unanimous

Board members asked questions, Donald shared.

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

New lottery date: June 4 Vote: Aye


Notification: June 5 Abstain: Darlene Pa

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

Time Action Taken Motion/


Agenda Assignment
Item/Discussion /Deadline

Attendees: Nestor Figueroa, Nalani Kaneakua, Darlene Pa, lpo Torio,


Donald Jones, Kathryn Smith,

min Pule and Welcome

Work Group Deputy Attorney General Recommendations


Review Response to NOC #1
Review Response to NOC #2

New Business

Staffing Plan
Teacher Rehire Contracts
New Teacher Hire Contracts
Resource Instructor Interview and Hire Process
Support Staff-

Discussion and Review


• CSI Restructuring Plan
• SY 18-19 Budget
• SY 18-19 Staffing Plan
• Bylaws
• Develop Board Calendar
I
MEETING NOTICE
Fri, June 8th
3:30-5:00 pm
Governing Board Executive Office
Regular Meeting Proposed Meeting Agenda

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

Screenshot taken from Kanuikapono wesbite on 7.18.18 of 6.13.18 Kanuikapono Regular


Governing Board Meeting Agenda.

https://drive.google.com/open?id=OB2VGmXeCX81 DSVh3UW5MeGF6endfWEY5eVpmaTJDT
TltRXcO
Exhibit 6

Recording of 7.17.18 Kanuikapono Governing Board Meeting

This exhibit has been sent in a separate email to the Commission

Click here for link to audio


7/18/2018 State Public Charter School Commission Mail -Regarding Kanuikapono

~ State Public Charter


School Commission Jannelle Watson <jannelle.watson@spcsc.hawaii.gov>

Regarding Kanuikapono
1 message

Peggy Time~> Wed, Jul18, 2018 at 11:30 AM


To: commissio~gov

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!

https://mail.google.com/mail/u/O/?ui=2&ik=7e 7f96e229&jsver=_ 39iBII6ZTU.en .&cbl=gmail_fe_ 18071 2.09_p2&view=pt&search=inbox&th= 164af4d29a ... 1/1


~AHHA Anahola Hawaiian
Homestead Association

Date: July 18, 2018


To: State of Hawaii, State Public Charter School Commission

From: Robin Puanani Danner, AHHA Board Member & Vice President

Re: Kanuikapono Public Charter School Agenda Item


Aloha, my name is Robin Puanani Danner, and I serve as a Vice President on our local self-governing
homestead association board of directors, the Anahola Hawaiian Homestead Association (AHHA). I am
submitting testimony today due to the following realities:

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

DATE: March 21 , 2016

TO: Sarah Nakamoto and Ptma Dawson at Kanuikapono Public Chruter School

FROM: Robin Danner


Contact Information

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.).

I WOULD LIKE THE FOLLOWING GOVERNMENT RECORD:


Describe the govemment re-eord as specifically as possible so that it can be located. T1y to provide a record name,
subject matter, date, location, purpose, or nrunes of persons to whom the record refers, or other infmmation that
could help the agency identify the record. A complete and accurate description of the govenunent record you
request will prevent delays in locating the record. Attach a second page if needed.

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:

9/09/ 14 to Hawaiiru1 Airlines in the amotmt of$151.00


9/09/ 14 to Hawaiian Airlines in the amotmt of$162.60
10/28/ 14 to Hawaiian Airlines in the amotmt of$167.70

1/07/ 15 to Hawaiian Airlines in the amotmt of $199.00


1/ 13/ 15 to Hawaiian Airlines in the runotmt of$124.10
1/20/15 to Hawaiiru1 Airlines in the runotmt of $246.20
2/ 17/ 15 to Hawaiian Airlines in the amotmt of$178.00
2/23/ 15 to Hawaiian Airlines in the amotmt of$738.60
3/ 16/ 15 to Hawaiian Airlines in the amount of$236.20
3/ 16/ 15 to Hawaiian Airlines in the amotmt of $236.20
3/ 16/ 15 to Hawaiian Airlines in the runotmt of$236.20
4/03/ 15 to Hawaiiru1 Airlines in the runount of $248.20
4/03/ 15 to Hawaiian Airlines in the runotmt of$248.20
4/03/ 15 to Hawaiian Airlines in the amotmt of$236.20
4/06/25 to Hawaiian Airlines in the amount of$124.10
4/07/ 15 to Hawaiian Airlines in the runotmt of$114.10
5/01/15 to Hawaiian Airlines in the runotmt of$179.40
6/09/ 15 to RushMyPasspmt.com in the amotmt of$218.90
6/ 12/ 15 to Hawaiiru1 Airlines in the amotmt of$228.20
7/06/ 15 to Hawaiian Airlines in the amotmt of $282.50
7/31/15 to Hawaiian Airlines in the amount of $665.80

I WOULD LIKE: (please check one or more of the options below)

D To inspect the government record.


OIP 1 (rev. 9/12/0l)
A copy of the government record: (Please check one of the options below.) See the back of this page
for inf01mation about fees that you may be required to pay for agency setvices to process your record
request. Note: Copying and transmission charges may also apply to cettain ·options.

[g] Pick up at agency (date and time): at time provided by KPCS


D Mail
D Fax (toll free and only if available)
D Other, if available (please specify): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
If the agency maintains the records in a form other than paper, please advise in which
format you would prefer to have the record.
[g] Electronic D Audio JZ1 Other (please specify): Hard Copy

[g] Check this box if you are attaching a request for waiver of fees in the public interest

FEES FOR PROCESSING RECORD REOUESTS


You may be charged fees for the setvices that the agency must perfmm when processing your record
request, including fees for making photocopies and other lawful fees. The first $30 of fees charged for
searching for a record, reviewing, and segregating will not be charged to you. Any amount over
$30 will be charged to you. Fees are as follows:

Search for a Record $2.50 for 15 minutes


Review and Segregation of a Record $5.00 for 15 minutes

WAIVER OF FEES IN THE PUBLIC I NTEREST


Up to $60 of fees for searching for, segregating and reviewing records may be waived when the waiver
would serve the public interest as described in section 2-71-32, Hawaii Administrative Rules. The
criteria for this waiver, found at section 2-71 -32, Hawaii Administrative Rules, are:

(1) The requested record pertains to the operations or activities of an agency;


(2) The record is not readily available in the public domain; and
(3) The requester has the primruy intention and the actual ability to widely disseminate
infmmation from the govemment record to the public at large.

AGENCY RESPONSE TO YOUR REQUEST FOR ACCESS


The agency to which you addressed your request must respond within a set time period. The agency
will nmmally respond to you within 10 business days fi·om the date it receives your request; however, in
extenuating circumstances the agency must respond within 20 business days fi·om the date of your
request. If you have questions about the response time, you may contact the agency's UIPA contact
person. If you are not satisfied with the agency's response, you may call the Office of Infmm ation
Practices at 808-586-1400.

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.

OIP 1 (rev. 9/12/0l)


Anahola Hawaiian
Homes Association

Date: April 25, 2016

To: Kanuikapono Public Charter School


Puna Dawson, Chair
KPCS Board Members & KPCS Inc Board Members

Re: Charter School Accountability Project

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:

1. To review the practice of paying "severance" to terminated employees. While we


have only found one instance of this happening- that one instance was to the
Principal's sister in the amounts of $10,000- $13,000 post employment. We also have
not been able to locate this practice, albeit for only a family member, in any of the
school's policies and procedures adopted by the governing board.

P.O. Box 646- Anahola, Kauai 96703 Tel: 808.652-0140 info@ahha96703.org


a. We'd like to see this amount repaid to the school; OR

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

~ State Public Charter


School Commission Jannelle Watson <jannelle.watson@spcsc.hawaii.gov>

Kanuikapono PCS
1 message

Hollyhunte.-.- Wed, Jul18, 2018 at 12:36 PM


To: commiss~awau.gov

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.

Thank you and Aloha

https://mail.google.com/maillu/O/?ui=2&ik=7e 7f96e229&jsver=_ 39iBII6ZTU.en .&cbl=gmail_fe_ 180712.09_p3&view=pt&search=inbox&th= 164af89868... 1/1


7/18/2018 State Public Charter School Commission Mail- Board of Directors- Kanuikapono

~ State Public Charter


School Commission Jannelle Watson <jannelle.watson@spcsc.hawaii.gov>

Board of Directors - Kanuikapono


1 message

Evelyn.me Wed, Jul18, 2018 at 1:49PM


To: commissio

To whom it may concern:

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.

Aloha and mahalo

https://mail.google.com/mail/u/O/?ui=2&ik=7e 7f96e229&jsver=_ 39iBII6ZTU.en .&cbl=gmail_fe_ 180712.09_p3&view=pt&search=inbox&th= 164afcc5f6c. . . 1/ 1

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