Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 2, 1 February 1991 — OHA Board Business [ARTICLE]

OHA Board Business

HnnHMHiHMaHnnni By Ed Miehelman Public Information Officer

(Editor's note: the Board Business eolumn this month couers the OHA Board of Trustees meetings of Dec. 18, 1990 and Jan. 12, 1991.

The initial meeting of the new board of trustees of the Office of Hawaiian Affairs took plaee Dec. 18, 1990 at OHA's Honolulu Office. Members of the board are Abraham Aiona, Moanikeala Akaka, Rowena Akana, A. Frenchy DeSoto, Louis Hao, Clayton Hee, Kamaki A. Kanahele, Moses K. Keale Sr., and Thomas K. Kaulukukui, Sr. All nine trustees were present: The first order of business, in accordance with state law, was selection of a new chair and vicechair. By unanimous vote, Moses Keale was elected chair and Rowena Akana named vicechairwoman.

The new chairman expressed his thanks for the vote of confidence and commented, "The task is heavy for us and it has always been, but I think it gets more complicated and heavier as we go on from now. Only by pulling and working together ean we accomplish the goals that we have set forth." Keale thanked former chairman Thomas Kaulukukui for his contributions, guidatice and kokua.

Native Hawaiian Legal Corporation Following a presentation by NHLC litigation director Alan Murakami, the board received NHLC's memorandum concerning NHLC representation on behalf of OHA before the Public Utilities Commission (PUC) concerning generation of electricity by Hawaiian Electric Co. The issue eoncerns new power sources, including the development of geothermal energy. The NHLC memorandum proposed a preliminary budget request of $10,000 to cover its involvement in the PUC proceedings on behalf of OHA.

Chairman Keale noted that the previous board had authorized a $1000 appropriation for this purpose and said the NHLC request will be referred to the appropriate committee. New staff members Administrator Richard Paglinawan introduced two new staff members to the board, Chris Van Bergeijk, eeonomie development division specialist and Ken lge, publications assistant. Native Hawaiian Historic Preservation Task Force Task Force chair Lydia Namahana Maioho summarized recommendations whieh are eontained in the task force's final report draft. Staff was instructed to furnish trustees with a copy of the latest draft for their review.

Proposed bylaw changes The board passed on the first of two required readings an amendment to OHA's bylaws whieh would increase the number of standing eommittees from four to seven. Calendar The next meeting of the board of trustees was set for Saturday, Jan. 12, 1991 at OHA's Honolulu office. Board of Trustees Meeting January 12, 1991 The meeting was held at OHA*S Honolulu office at 1600 Kapiolani Boulevard beginning at 9 a.m. All nine members of the board were present: Chairman Keale, vice-chairwoman Rowena Akana, and trustees Aiona, Akaka, DeSoto, Hao, Hee, Kanahele and Kaulukukui.

Resolution to honor Thomas Kaulukukui The board unanimously adopted a resolution honoring Thomas K. Kaulukukui, Sr., for serving as OHA's immediate past chairman "with diligence and distinction for two years." The resolution conveyed the board's deepest gratitude to Trustee Kaulukukui "for his service as chairman of the board during a period of accelerated growth and ēxpansion for the Office of Hawaiian Affiars." Reorganization of committee structure The board adopted on the second of two required readings an amendment to the OHA by-

laws whieh expands the number of OHA standing committees from four to seven. The board also approved a committee membership slate proposed by OHA board chairman Moses Keale. (The new committees and their membership are detailed in a separate article in this issue of Ka Wai Ola O OHA.)

Hui Imi report Trustee Thomas Kaulukukui, president of the Hui Imi Task Force for Hawaiian Services, reported that its final report to the state legislature would be completed in late January. He said the 21 member organizations intend to eonhnue eooperation to monitor the disposition of their recommendations by the legislature. Lisianski Island Report The board voted to receive and file a report submitted by Dr. Alan C. Ziegler on his recent archaeological expedition to Lisianski Island. The board earlier had appropriated $1,250 for expenses in eonneehon with the expedition.

Napeahi v. Faty Native Hawaiian Legal Corporation attorney Alan Murakami briefed the board on a recent federal appeals court decision whieh could enlarge Hawaii's ceded land trust whieh benefits native Hawaiians. The case, known as Napeahi v. Faty concerns 1.75 acres at the Hyatt Regency Waikoloa on the Big Island. Murakami said if he is successful in a new hearing ordered by the 9th Circuit Court of Appeals, the case may prove that the state was negligent and breached its trust duties when, in essence, it turned over ceded land to private hands without just compensation. Board of Trustees heahh plan Deputy administrator Stanley Lum reported that attorney Jon Van Dyke, in a written opinion to the board, has ,concluded that OHA trustees acted within their authority in establishing a health benefits plan for members of the board of trustees.

Van Dyke provided extensive legal argument to support the conclusion that OHA trustees under powers given them by the constitution and laws of Hawai'i do have the authority to establish such a plan. Van Dyke noted that the Hawaii Supreme Court has characterized OHA as a "self-governing corporate body." He also pointed out that Hawai'i statutes recognize the power of OHA's trustees to make expenditure decisions unless restrained by a statute specifically referring to OHA. However, deputy administrator Lum noted that public employee health fund benefits have recently been expanded and are now comparable to the trustees' health plan at a lower cost. As a result Lum recommended that trustees convert to the state plan at the earliest opportunity. A motion to that elfect was approved unanimously.

Calendar The next meeting of the board was set for Jan. 24 at OHA's Honolulu office. The trustees also agree that the new starting time for all board meetings should be 9:30 a.m. (Editor's note: the February business meeting of the board will take plaee on Feb. 22 at 9:30 a.m. in the OHA Honolulu office. See the 1991 schedule

of all board of trustees and committee meetings in this month's issue of Ka Wai Ola O OHA.)