Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 7, 1 July 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 took plaee May 14 at the Keauhou Beach Hotel, Hualalai Conference Room, Kona, Hawai'i, with Chairman Clayton H.W. Hee presiding. The meeting was called to order at 10:02 a.m. with all trustees present: Abraham 'Aiona, Moanikeala Akaka, Rowena Akana, Moses K. Keale Sr., A. Frenchy DeSoto, Louis Hao, Kamaki Kanahele and Thomas Kaulukukui. The pule was offered by Kahu Leon Sterling. OHA staff present included: Richard Paglinawan, administrator; Stanley Lum, deputy administrator; Linda Delaney, land officer; Jalna Keala, government affairs officer; Ellen Blomquist, public information officer; Deborah L. Ward, Ka Wai Ola O OHA editor; Ruby McDonald, Kona OHA liaison. Also present were board of trustee secretaries Tiona Wailehua and Dorothy Pratt and board of trustees clerk Lori Vierra. Trustee aides present were Gladys Rodenhurst, Lollie Ulibarri, Emmett Lee Loy, Germaine Keliikoa, Louis Agard, and Donald Aweau. Guests included: Sherry Broder, attorney; Lydia Namahana Maioho, curator of Mauna 'Ala and chair of the Native Hawaiian Historic Preservation Council; Warren Perry, president of the board of trustees of Alu Like ine.; Haunani Apoliona, chief executive officer of Alu Like ine.; Mahealani Kamauu, executive director of the Native Hawaiian Legal Corporation; Ann Nathaniel, Hawaiian Homes Commissioner; state Rep. Virginia Isbell, members of the Protect Kohanaiki 'Ohana and other community groups. Recording secretary for the meeting was Lora Lee P. Contreras for the board of trustees. The agenda was unanimously approved as were minutes of the previous meeting as amended. The chairman's report and the administrator's report were unanimously approved as presented. Trustees heard testimony from 28 persons for nearly five hours. More than half said they wanted the trustees to stop fighting among themselves, to listen to what the people want, and to work together harmoniously for the betterment of Hawaiians. Some spoke in favor of keeping Trustee Rowena Akana as vice chair. Many also asked the trustees to protect Hawaiian land, in particular the Kohanaiki area, and to preserve native flora, fauna, and wildlife. They also asked that the board offer more financial support in the area of land claims and the Department of Hawaiian Home Lands. Haunani Apoliona listed examples of positive, productive and collaborative action between the OHA board and Alu Like ine. and urged trustees to respect one another. Warren Perry urged the board to unite as leaders of all Hawaiians.

Jojo Tanimoto, the newly elected president of the Kawaihae Hawaiian Homes Community Association introduced herself to the trustees. Chairman Hee advised the assemblage that he had received a death threat and admonished those who laughed and particularly those who had made disruptive comments during the meeting. Hee said the board had tried to aeeommodate everyone who wanted to speak and had listened patiently. The chairman congratulated

the majority of those present for their decorum. Trustee 'Aiona said it was unfortunate that some people took the death threat lightly, saying that "It is a shame to have people of that mentality, who have no eoneem for others." 'Aiona said that in his 66 years he had eome up "through the college of hard knocks" and appreciated what the chairman and the board go through. "We are here to do our job," 'Aiona said, "Please bear with us."

After a short recess Trustee DeSoto moved, seconded by Trustee Kanahele, to vote no confidence in Trustee Akana as vice chair of the board of trustees. After discussion, in a roll eall vote, trustees Hee, Keale, Kaulukukui, Kanahele, DeSoto and 'Aiona voted in support of the motion. Trustees Hao, Akaka and Akana voted opposed. The motion carried. Trustee DeSoto moved, seconded by Trustee Kanahele, to nominate and vote for Trustee 'Aiona as new vice chair of the OHA board of trustees. The motion carried with trustees Akaka, Akana and Hao opposed. Budget, Finance, Policy & Planning Trustee 'Aiona moved, seconded by Trustee Kanahele to approve the policy governing the use of OHA equipment and facilities. Trustee Keale asked if funds were available to cover the added expenses with groups using OHA facilities. Trustee 'Aiona said there were not and that expenses were a major eoneem. Trustee Akana said that "our people" receive little from the office and that constituents should be able to use the office for community group meetings. Trustee Keale favored use of the OHA office by constituents' community groups but expressed eoneem about the cost of Xerox copies, faxes and telephone charges. Trustee Akaka said the groups should bring their own materials. The motion carried. First reading, Article VIII Change number of committees The first reading of an amendment to Article VIII of the OHA bylaws to reduce the number of standing committees from nine to seven was moved by Trustee 'Aiona and seconded by Trustee Kanahele. Trustee Akana spoke against the motion, noting the agenda did not specify whieh two eommittees would be taken away. She said the committee change was an attempt to control the board and another form of punishment and she asked the board attorney for an opinion. The chairman read the article in the bylaws on amendments. It states the bylaws ean be amended by a two-thirds vote of all members of the board; all amendments must be submitted to the board in writing; that with a first reading the board may not vote on an amendment at the same meeting that it is introduced. The chairman said the proposed change passed the eommittee on Budget, Finance, Policy and Planning on Feb. 7. Trustee Akana asked if there had been a vote on a first reading of the amendment. The chairman said none is necessary according to the bylaws. Trustee Akana cautioned the board and said she believed a vote was necessary. On advice of the attorney, the chairman read the article again, then said that the bylaws amendment shall be accepted as introduced without

vote, as a first reading, as required by Article XIII. Trustee Akana asked for clarification on how many more readings were required and the chair answered that the bylaws specified just one more reading. Programs and projects Evaluations Trustee 'Aiona moved, seconded by Trustee Kanahele, to recommend adoption of procedures for the evaluation of OHA programs and projects. Trustee 'Aiona said trustees want all programs and projects reviewed through a systematic program evaluation, and it should be the responsibility of the Planning and Research Office to ensure fairness and consistency. The motion carried with Trustee Akana opposed. Supplemental special funds Trustee 'Aiona moved, seconded by Trustee Kanahele, to adopt $15,752 in supplemental funds for the fiscal year 1992, $41,000 in speeial funds for fiscal year 1993 and a first amendment to an agreement for legal services between OHA and attorney Sherry Broder. Trustee Akana spoke against the motion expressing eoneem that the money was an extension of an old contract, and that the board did not vote on who the board attorney would be. Trustee 'Aiona said the contract with Broder, hired June 30, 1991, was based on her hourly rate whieh had been approved by trustees. He noted the board has been in litigation with one trustee and further that Broder has performed satisfactorily for the board. 'Aiona said the funds and the term of Broder's contract should be approved for July 1, 1992 through June 30, 1993. Trustee Akana said her objection was not a personal one but an objection to extending and funding a contract without an evaluation. She said the budget and finance committee position favored evaluation of all contracts and she asked if an evaluation was done. The motion carried with trustees Akana and Akaka opposed. First reading, Article XV Policy on trustee statements Trustee 'Aiona moved, second by Trustee Kanahele, to accept the first reading on a policy concerning trustees making statements and taking positions in the absence of the full board's taking a formal position on a matter. Specifically: that the title of Article XV be continued on page 10

Board Business /TOmpage2

changed to "Ethics"; and a clause be added making all trustees and employees subject to Hawai'i Revised Statutes Chapter 84, Standards of Conduct; and that a clause be added, requiring trustees to distinguish when they are acting and speaking as trustees and when they are acting and speaking as individuals; and that a clause restrict the use of the "trappings of office." Trustee Akana opposed the motion as a gag order on trustees. She said if the board voted for the amendment, legal action would probably ensue and that the amendment crossed First Amendment rights. Trustee Akaka said the amendment was

undemocratic and the reason it eame up was because she had signed an advertisement as trustee for the Big Island and she said the board was trying to "deny me my constitutional rights by having this in the bylaws." The chairman said this was a first reading and the amendment will go back to committee for possible change to reflect the concerns expressed. Kaho'olawe special funds Trustee 'Aiona moved, seconded by Trustee Kanahele, to approve special funding of $159,180 for E Kaho'olawe, 1 Ho'omau Hou Ka Mauli Ola (reaffirming the gift of healing), a

traditional ceremony of healing planned for August. Trustee DeSoto, who is a member of the Kaho'olawe Island Conveyance Commission, urged board support of the motion. Trustee Akana spoke against the motion, saying the return of Kaho'olawe was very important to the people and culture; however closer scrutiny of the money is needed. Trustee DeSoto said this was "not a celebration." She said the major part of the funding and responsibility for planning the project will go to the Protect Kaho'olawe Fund. A portion of the money will be awarded to the Edith Kanakaole Foundation whieh has accepted responsibility for cultural ceremonies. "It is appropriate in the Hawaiian thought to take care of the 'aina no matter what the cost." Trustee Hao asked if the state would reimburse OHA. Trustee DeSoto said reimbursement was anticipated, however, it was an important issue and should be supported by OHA. The motion carried with Trustee Akana voting no on a roll eall vote. Kohanaiki Project Trustee 'Aiona moved, second by Trustee Kanahele, to approve not more than $26,000 from the Native Rights Fund to pay costs incurred by the Sierra Club Legal Defense Fund for expert witnesses, travel and related costs for a contested case hearing before the Hawai'i County Planning Commission concerning Nansay Hawaii's Kohanaiki Resort Project in North Kona, provided OHA becomes an intervenor in any contested case proceedings. Trustee Akaka spoke to clarify the point that even though OHA is an intervenor, Angel Pilago and Mahealani Kamauu should spearhead the issue. Trustee Akana, speaking for the record, said she would like to see the Kohanaiki support group take the fore with backing from OHA. The motion carried unanimously. Announcements Trustee Kaulukukui moved, seconded by Trustee DeSoto to approve a resolution to honor Haunani Apoliona, the executive director of Alu Like ine. The mohon carried unanimously. The scheduled executive session of the board was cancelled and the meeting adjourned at 5:15 p.m. For up-to-date taped announcements of OHA committee meetings and the next monthly board of trustees meeting, eall the OHA newsline at 586-3732. Neighbor Islanders may eall toll free by dialing 1-800-468-4644, then adding 6-3732.