Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 6, 1 June 1992 — OHA Board Business [ARTICLE]

OHA Board Business

by Ann L. Moore

The monthly meeting of the Board of Trustees of the Office of Hawaiian Affairs, was called to order at 9:50 a.m. on Wednesday, April 29, in the board room of OHA offices, fifth floor, 711 Kapi'olani Blvd., Honolulu, with Clayton H.W. Hee, chairman, presiding. All trustees were present: Abraham 'Aiona, A. Frenchy DeSoto, Thomas K. Kaulukukui Sr., Louis Hao, Rev. Moses K. Keale Sr., Moanikeala Akaka, Rowena Akana and Kamaki Kanahele. Others present included: Richard Paglinawan, administrator; Linda Delaney, land officer; Rona Rodenhurst, education officer; Jalna Keala, government affairs officer; Elizabeth Higa, administrative secretary; and trustee aides Gladys Rodenhurst, Lollie Ulibarri, Rod Oshiro, Emmett Lee Loy and Germaine Keliikoa. Recording secretary for the board was Lora Lee P. Contreras. Guests included members of the Waimanalo community, Sherry Broder, attorney to the board, and Robert Merce, attorney. The total number of people present, including the board, was approximately 70. The agenda was approved on a motion by DeSoto, seconded by 'Aiona. Akana and Akaka asked that the rules be set aside and the agenda amended to allow the community to voice their concerns. During a short recess the chairman reviewed, with counsel, the requirements of amending agendas as set in Chapter 92, Hawai'i Revised Statutes. Akana said a recess was illegal with a motion pending. The chairman reminded the community the meeting had to proceed in an orderly manner befitting those elected to represent the Hawaiian people. Regular session reconvened at 10:05 a.m. DeSoto made a public apology to the eommunity for her emotional reaction to a remark made by one of the guests. Hee asked Akana if she believed the item she wanted added to the agenda was of "major and reasonable importance," and she responded "Yes." Hee then asked Akana if she believed the items would "affect a significant number of people," and she again responded " Yes. " Hee then read from Chapter 92: "No item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons." The chairman therefore, denied Akana's request to amend the agenda. Akana said she would like to have community concerns placed on all agendas. She also questioned why the Kohanaiki item was not on the agenda, The motion to approve the original agenda carried with Akana, Akaka and Hao opposed. 'Aiona moved, seconded by Kanahele, to approve the minutes of the March 31 meeting. The motion carried with Akana and Akaka voting no. On a point of privilege, DeSoto thanked Akana for recommending, in her (Akana's)

memo of April 21, that board of trustee meetings have security guards present. 'Aiona moved, seconded by Kanahele, to accept the chairman's report as presented. Concerning Kohanaiki, Hao said he brought the issue to the attention of the board and would like the chair to expiain it. 'Aiona rersponded, saying that Angel Pilago claimed 'Aiona had breached confidentiality of the mediation between the Protect Kohanaiki 'Ohana and Nansay and he planned to sue 'Aiona. 'Aiona said if a beneficiary planned to sue him, he would not report on Kohanaiki to the OHA board. DeSoto moved for a recess, seconded by 'Aona, and a recess was called at 10:20 a.m. The regular session reconvened at 12:25 p.m. DeSoto moved, seconded by 'Aiona, to accept the administrator's report. The motion carried. Hao asked Paglinawan if OHA is eosponsoring the second annual Moloka'i Ka Hula Piko, a celebration of the birth of hula on Moloka'i on May 16. Paglinawan said he would eheek and report to trustees. Committee Reports Budget, Finance, Policy & Planning 'Aiona moved, seconded by DeSoto, to approve contracting Deloitte & Touche to assist OHA to implement the financial and single audit included in the management letter for the year ending June 30, 1991. Motion carried with Kanahele and Akana not present. 'Aiona moved, seconded by Kaulukukui to approve leasing of general office space from A & B for the Maui OHA office and appropriating $36,672 in special funds beginning May 1 and ending June 30, 1993. The motion carried with Kanahele and Akana not present. Education & Culture Keale moved, seconded by DeSoto, to authorize the Royal Hawaiian Mint to issue the Overthrow dala and the Hawaiian sovereign as the official coins to commemorate the 100th anniversary of the overthrow of the Kingdom of Hawai'i on Jan. 17, 1893. The Royal Hawaiian Mint will assume all costs and risks to design, develop and market the coins. The mint will contribute one percent royalty on all gold sales and two percent on all silver sales. Royalties will double for all sales made through OHA or on direct sales through the OHA newspaper Ka Wai Ola O OHA. A recess was called at 1:47 p.m. Regular session resumed at 1:49 p.m. During a discussion of the commemorative coins Akaka said she felt one or two percent is insufficient commission and as far as she was concerned it was taking advantage of the Hawaiian people. DeSoto spoke in favor of the motion. Keale said the percentage was fine with him since support for this action is to commemorate an occasion, not make money. The motion carried with Akaka voting no and Kanahele and Akana not present. Resolutions 'Aiona moved, seconded by Kaulukukui, to adopt a resolution congratulating the Kamehameha Schools Warriors varsity division boys basketball team for winning the 1992 state High School Boys Basketball Championship. The motion carried unanimously. Hao moved, seconded by Akaka, to adopt a resolution to acknowledge Kawaipuna Prejean as a pioneer in the field of activism. 'Aiona and

Akaka spoke in favor. The motion carried unanimously. Announcements DeSoto spoke to acknowledge the chairman's strength and spoke in support of his knowledge, labor, and commitment to OHA. Akaka said the coming issue at the press eonference (announcement of settlement of the revenue from ceded land due to OHA) was neither ratified by the board nor ratified for a press eonference by the entitlements committee. The chairman said press conferences have always been called with or without the chair's authorization. The most recent one was called by the committee on budget, finance, policy and planning to inform the public about OHA's eontribution toward purchase of a Zodiac (inflatable rubber boat) for the Protect Kaho'olawe 'Ohana. He continued that with respect to ratification, that the board could choose to overturn the settlement. The press conference was a response to a prior announcement made by the Office of State Planning. The OSP was aware the board could reject the offer. In the time remaining before the close of the 1992 legislative session, it simply was not possible to convene the board within the six-day notice requirement of Chapter 92. The chairman and the administrator met to discuss the possibility of an emergency meeting but determined that it could not meet the letter of the law. The chairman said if the board felt it should reject the settlement that was fine with the chair. Several agendas of the committee on entitlements have included items relative to discussions on the settlement. At the last committee meeting a proviso that dealt with the settlement was handed to the trustees assembled. That proviso was not changed radically and there was prior notice and prior eoncurrence on the proviso, Hee said. Akaka said she was not familiar with any announcement made several days ago, and that the situation was brought to her attention the morning of the board meeting and was her "first indication." She stated for the record, that some trustees were not privy to the negotiations and the decision to present this to the board. She said she felt something as important as this should have had trustee mana'o.

'Aiona said he and Trustee DeSoto were charged with the responsibility of handling the legislative package. Unfortunately there were unusual things happening at the legislature. There were forces within the Hawaiian eommunity working against them, even forces in the OHA family; whieh made him very angry. 'Aiona said "the senate Ways and Means Committee made me feel uncomfortable

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Board business

from page 2 because we were there trying to accomplish something and others were there working against us. You would think that everyone was working togeīher. Evidently some people had their own personai agendas, even to the point they would want to see the Housing Finance and Development Commission bill lapse and the salary (for trustees) part (of the bill) continue. The HFDC bi 1 1 is really important to a 1 1 Hawaiians. Many of the faces I see here today were unfamiliar faces at the legisiature; they were not there to support us and they were not there to testify. A lot of people don't realize the time and effort the chairman spent on the legislative bills." 'Aiona said he appreciated the straight forward terms the chairman gave in that area. DeSoto said the settlement was agreed on by the previous board, and thanked the chairman for bringing attention to many things they missed. The arrangement between the governor's office should be a happy time and celebration. For those who nad laborea for many years, this was an achievement. she said. Keale said, quoting Hao, "We have met the enemy ana tne enemy is us, of ourseives and of the Hawaiian peopie." Keaie continued, "We

have become coconuts, white on the inside and brown on the outside. The mannerism and the things we have done today is foreign, it is not Hawaiian. Now that the whole state is watching our meetings, I have had many positive eomments.They now ean say 'we know what you trustees are doing.' The press conference today is a big positive thing. Years ago we discussed how we would receive the back payments. We agreed a year ago — more money and less land — whieh was the opposite of what we first decided. I didn't know about the settlement until I walked into the office today. But 1 do know that the chairman was trying to track down Trustee Hao and Trustee Kanahele and myself all over the state because my aide told me so. He couldn't get hold of us. "This kind of news is good news ... and now is the time to tell the whole world about it. 1 just hope the good news outweighs the bad. Mr. Chairman, I commend you for your leadership sty!e. I commend you for taking this office to the highest level of proficiency in its existence, even under my leadership. Having said that, I leave you, my trustees, with this thought: we disagree on issues, not personalities. don t get personal. Thank you." Akaka said the statement from the Office of State Planning states that the plan calls for a $5 million partial payment this session and OHA has the option of receiving the remaming pay-

ment due in land and/or cash; that discussions will eonīinue on the location and vaiue of the lands to be transferred: that the agreement closes an important chapter in the history of Native Hawaiian attempts to collect compensation long overdue for the use of their lands. The statement does not say that negotiations will eonīinue for those funds over this $112 million but that this closes the negotiations. Chairman Hee said, " Norma Wong. if afforded the opportunity, will ampiify on her announcement. And if you will allow me. I will amplify what she meant when she says 'closes.' What it does do is close a chapter in a book that is voluminous. There are many chapters to go in this book, but we have reached the end of one chapter, a milestone by any stretch of the imagination. A means whieh, should you as board members choose, restores those funds cut by the legislature because of the settlement agreement. But it is more importantly a manifestation of the first payment of the retroactive draw-down. at a time when the economy of the state is suffering." The board meeting adjourned at 2:38 p.m. For an up-to-date listing of OHA committee meetings and the monthlv board meeting, eall the OHA newsline at 586-3732. Neighbor istanaers ean eail the news!ine, toll free, by diaiing 1-800-468-4644 then 63732.