Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 9, 1 September 1992 — Will justice prevail? [ARTICLE+ILLUSTRATION]

Will justice prevail?

by Rev. Moses K. Keale, Sr. Trustee, Kaua'i & Ni'ihau On May 15, 1991 1 stepped down

as Chairman of the Board, issuing the following statement: "I, Moses K. Keale, Sr., am stepping aside effective immediately, as Chairperson of the Board of Trustees of the Office of Hawaiian Affairs. A number of allegations have been made against

me. To clear my name, I have asked for an investigation by the Office of the Attorney General. I fully expect to be cleared by any and all investigations. I am stepping aside because 1 do not want any cloud over the Office of Hawaiian Affairs. I will remain a member of the Board of Trustees and remain resolved to carry out my duties as a trustee." Fifteen long months have passed since the day that I turned this matter over to the Attorney General's Office to investigate. I have kept silent during those long agonizing months. There will be no more silence!

Justice denied is justice usurped! To set the record straight, it was I who brought the matter of the possible existence of a document (agreement/contract) bearing my alleged signature to the attention of all nine trustees of the Office of Hawaiian Affairs. The signature on this document was forged. I did not sign the document. I had never seen

this document prior to its appearance. 1 never participated in the drafting of this document. I had no knowledge of the contents of this document. It was a simple matter for the Attorney General to examine it and to determine if indeed the signature of Moses K. Keale, Sr. was my signature or a forgery. The Attorney General's Office had access to experts in the field of handwriting who could easily resolve this matter. I participated fully

with the Attorney General's Office including turning over all records of my activities for the periods requested and giving them samples of my handwriting. It was a simple matter to determine whether I signed the document. The Attorney General's Office has determined to stonewall this case and delay its outcome.

The Deputy Attorney General who originally handled this investigation, beginning with presentations to the lnvestigative Grand Jury in July, 1991 departed 60 days later (September 1991) to become a part-time judge and to open his own law practice. I submit that by September 1991 the Attorney General's Office had all the information necessary to determine whether the signature was authentic

or not. They chose to do nothing. I am not surprised, however. You see, the issue is less legal and far more politi-

eal. This issue is as poliheal as OHA's history. It is as poliheal as the history of the Hawaiian people from 1893 to this day. The actions or inactions of government are often times determined by the political motives of the day and the circumstances of the times.

The United States Government participated through its actions and inaetions in the overthrow of the Hawaiian Kingdom. To me, this is an undebatable fact. Yet, this same government refuses to address this issue and its responsibility to our Hawaiian f>eople. This state agreed, as a condition of statehood, to accept its responsibilities to the Native Hawaiian by inclusion of specific and general language in its Constitution whieh established a trust relationship between the Hawaiian and the state. In 1978 the

state further reaffirmed its obligation by establishing the Office of Hawaiian Affairs. However, it refused to meet or recognize its full obligations until 1990. The state's decision to acknowledge and convey its obligations was not an act of enlightenment. It was forced upon the state through lawsuits initiated by the Office of Hawaiian Affairs. Lawsuits whieh I vigorously pursued as a member of the Board of Trustees of the Office of Hawaiian Affairs. It was not a popular action with the state and we did not win many friends.

In 1990 the state finally admitted that it had not met its obligations to the Hawaiian people in rendering the proper compensation as dictated by law, laws whieh the state wrote and enacted. It agreed that OHA's interpretation of the state's financial obligations was correct. Again, this eame about because some of us on the Board would not be bullied and we never fiinched. When the majority of the Board agreed to accept a settlement whieh centered on land as eom-

pensation for back payments, I refused to agree. It was my contention that the law was clear, that OHA was entitled to the revenue from the public land trust, not the land itself. The issue of land as a commodity of payment speaks to the issue of who really has elaim to the lands in the public land trust. So I said that I would only go along with a settlement that acknowledged that the state owes us money for back rents and that the state shall acknowledge and eommenee payments of the full amounts owed. Again, after great debate, the Board of Trustees reluctantly agreed

with my position and the result was that Act 304 was passed into law. Act 304 obligates the state to a well-stated definition of the composition of the Public Land Trust, a clarification of the revenues collected from use of this land trust, and provides for a process to determine the actual amounts owed to OHA and a method of payment of same. For the first time OHA determines that method of payment. not some arbitrary formula. For the first time OHA determines that method of payment, not some vested interest body.

Eaeh of these hard fought battles eame with a price. Battered and bruised, OHA eame out of these skirmishes standing tall. Many of us who led these battles have also been battered and bruised. I will always wear my battle scars with dignity and pride. It is easy to suffer injuries when you know that what you battle for is spiritually and morally correct. I am a simple laborer, a maka'ainana from Ni'ihau, a farm boy. But be not

fooled! I am a reader, a student of histqry and politics, and a fast learner. I see what I see and I eall a spade a spade! I do not minee words! I have read the laws of this state! The Hawai'i Revised Statutes Chapter 10 (defining the Office of Hawaiian Affairs) is very familiar to me. I understand and practice the standards of conduct set by Chapter 84 regarding ethical practices even though many of its requirements are culturally insensitive and offensive! And most of all, I know the policies and

procedures of this office because for the most part, I have been the author and chief proponent of those policies and procedures. Rules and regulations should be applied to everyone in an equal and just manner. For a society to remain free and its conscience to be clear, eaeh of the officials appointed to carry out the responsibility of protecting the public against injustices must do his/her job efficiently and without pressure from any vested interests.

1 have never asked for nor received any favors from anyone in government office. My only request is that I be treated with fairness. I asked for an investigation and a determination of wrongdoing! Fifteen months for justice to be served in a case such as this is ridiculous! Fifteen months for an investigation by the ethics commission is in violation of the laws that govern that agency! Chapter 84 says of the ethics commission, "It shall render advisory opinions upon request . . . as to whether the facts . . . of a particular case constitute a violation of the code of ethics . . . If no advisory opinion is rendered within 30 days after the request is filed with the eom-

mission, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of the code of ethics." So where is the opinion? When asked if this situation has been cleared the reply from the Ethics Commission has been that it eonhnues to look into the matter! In the history of the peoples of the world, investigations and the judicial system have often been used as tools to

oppress the minority. Oppression through judicial pressure has often been an effective tool to silence minority leadership. I will not be silenced into eomplianee! As long as there is life in this body, I will do my duty without regard to personal sacrifices. The history of the success of our people has rested with the determination of our people's leadership. It is my solemn obligation to eonhnue the fight and I shall continue the fight!

Next month I will outline the injustices of the trading off of the assets of the Public Land Trusts for the conveniences of other government objectives without any regard to the breach of fiduciary responsibility t0 the Hawaiian people. Next month I shall explain how the use of "Public Land for a Greater Public Purpose" taxes the Native Hawaiian, requiring him/her to subsidize government operations, a subsidy no other group of people has had to endure.

I have never fought these battles in the headlines or in the news media! But if I must do so, I certainly will. This is not a battle for only one person. We, the Hawaiian people must be educated as to our problems. We must put away our differences and show that we, the Hawaiian community are resolved to see this through. And fi nal 1 y, our leaders must show courage and join in this most critical battle as we approach the 100th year of polilieal oppression.

God bless eaeh and every one of you. Let us pray that God shall give us the strength and wisdom to endure and persevere. I Mua no e ka 'ohana a inu i ka wai 'awa'awa! (Go forward the family and drink the bitter water.) A i mana'o kekahi e lilo i po'okela i waena o 'oukou, e pono no e lilo ia i kauwa na 'oukou. Na ke Akua e malama a e alaka'i ia kakou apau.

Nominations are being accepted to fill a two-year vacancy on the Native Hawaiian Historic Preservation Council. Contact the Office of Hawaiian Affairs at 586-3777 for an applieaiion form. This is a volunteer, advisory body to the OHA trustees.