Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 1, 1 January 1996 — Trustees must assert what is right [ARTICLE+ILLUSTRATION]

Trustees must assert what is right

by The Rev. Moses K. Keale, Sr. Trustee, Kaua'i & Ni'ihau Beneficiaries Courtney Tagupa CPA, MPA, Wāller Kawaiaea, retired executive, and Johana Laweienee, concemed citizen. joined Trustee Beamer and me in a court eomplainl against Chaimian Hee. Trustees Aiona, Akaka, Kealoha. and DeSoto for violations of the agenda requireinents filed with the lJ. Govemor. Given past practices of the controlling faction of

disallowing ttustees the right to a . legal opinion or services from the AG, we contracted Attomey Dan Foley to file the complaint to ehallenge the legalitv of the procedure taken by the Boaid of Tmstees on lunai on October 26, 1995. by appointing Linda Colbum Administrator. Since no prior agenda noliee called for a decision to hire an administra- j tor, nor was there Board action to | amend the agenda to allow for the

action to hire, we contend the chronic pracuce of willlul circumvenUon of HRS 92. The aelual written nohee filed with the Lt. Govemor's Offlce on Octobcr 19, 1995 listed under 3. "Administrator's Vacancy." a. "Review/amend the position description" and to finalize the salaiy as discussed in the Budget and Finance Committee Meeting. b. "Review the Procedures" to announee the position vacancy for applicants. e. "Consultant Services" to pre-screen applicants for tmstee final interviews. Under "a," instead of approving a 'Job Description,' Linda Colbum was hired as administrator by a sleight of hand amendment to the eommittee aeūon request. To validate the action, an amendment coupled with proof that this action was of 'no reasonable importance" to the beneficiaries, would have required a two-thirds vote of six trustees. The five ttustees prcsent, knowingly ignorai thc statutoiy requirement and violated OHA"s procedural requisites to hire an administrator. Then Tmstee Aiona disposed of agenda items *b' and 'e' by filing them. Accountable for these knowing violations were Tmstees Hee, Aiona, Akaka, Kealoha, and DeSoto who were present. Absent were Akana, Beamer, Kamali'i, Keale, and any beneficiaries or members of the eom-

munity. The suit served notice that we will not accept the excuse of ' inadvertency.' Chairman Hee previously lost a complaint filed by Tmstee Akana in 1994 for infractions of the Sunshine l-aw Requirements whieh he then excused as inadvertent. Decision making powers are negated when we are not fully infomted of the impending agenda items. Beneficiaries cannot subrr»it their views or aiguments if they are not told correctly and accurately what is to be deliberated.

We were all excluded ffom exercising the oplion to participate in the selection of an administrator. More critical was that OHA was denied the opiion to selea from the vast anay of qualified professional candidates available in the community. What you eall in-fighting is necessaiy uniess you want your trastees to be led about as muted mules. Tmstees must assert what is right even if it provokes a public eonffontation. You should really be eon-

cemed when there are no challenges to the five in power who, also hold the majority votes on all standing committees. The complaint serves notice that the ongoing practices of deceit and exclusion will not be accepted as a means to conduct our business. Almost two months later tmstees have not been informed of the details of the hiring salary or conditions of hire. Now, after notice of the suit we receive an agenda item for December 12 and 13 that just says "OFFA Administrator." How will you prepare to submit testimony for thal broad item? What will result from the suit if the complaint is upheld? The majority will be called upon to reschedule the agenda and fol!ow the hiring procedure stipulated. The procedure will probably be perfunctory and Linda Colburn will be rehired. But, more important, we will insist eomplianee with the law. This is a necessary first step if we wish to put our house in order. It will lead to ttustees calling for in-house audits regarding legal eomplianee, financial accountability and programmatic costs, priorities and accomplishments. This is the primary function of a tmstee, to protect the beneficiaries. Hau'oli makahiki hou.