Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 6, 1 June 1996 — Broken promise, broken word [ARTICLE+ILLUSTRATION]

Broken promise, broken word

by Kīna'u Boyd Kamali'i Trustee-at-large In April - urged on by Governor Ben Cayetano and Attorney General Margery Bronster - the state House passed Senate Bill 1698, House Draft 3.

What had started out as a measure to increase the OHA Board by two members and provide island seats for Lāna'i and Ni'ihau was transformed into a vehicle for cutting the OHA trust entitlement by 80 percent. Immediate action by the OHA Lobby Team (whieh includes Frenchy DeSoto, Abe Aiona. and mvselD to

oppose this bill and to gather and demonstrate support for OHA from the eommunit> at two unity rallies convinced the Legislature to back down. Senate Bill 1 698 died - or more accurately, was killed - as legislators realized passage would rep-

resent another "broken promise" to Hawaiians. The governor, however, has no sense of honor. When he took the oath of office in 1994, he swore to uphold the constitution and laws of the State of Hawai'i.

Not just the laws he agreed with. Not just the laws he wanted to support in his budget. And not just the laws he had personally voted for while he was a member of the Legislature. All the laws. Yet in his testimony before the House Finance Committee, and in later press statements, Cayetano has stressed that he was not a Dart

of nearly three years of negotiation whieh resulted in a clarification of the native Hawaiian trust. Moreover, he didn't agree with its outcome. So? The constitution and law stand as an expression of majority-will and the democ-

ratic process - not the whim of individuals or governors who might personally disagree with the majority. True to the spirit of that majority-will, Cayetano attempted to change the law. He didn't have the votes and the law providing 20 percent of the proprietary revenues from Department of Transportation activities stands. Now, in contradiction of that existing law and the explicit rejection of the Legislature to amend its intent, Cayetano has simply announced that he will not authorize trust payment to OHA of airport revenues. I think the man is confused - he's (for the moment) the Governor of Hawai'i, not the reincarnation of the "Committee of 13" again overthrowing the Hawaiian Kingdom in the name of the dolIar. More stunning - ŌHA had agreed to meet and discuss future options with Cayetano and legislative majority leaders Roz Baker of the Senate and Tom Okamura of the House. Only one meeting has been held. It may be the last. Because

at that meeting, Cayetano mentioned a draft federal opinion whieh seemed to hold that airport revenues could not be used to pay OHA entitlements. At no time did he indicate that he would use that draft opinion as the basis for denying Hawaiian payments. To me, the man lied. Add to the attempted "broken promise", the all too-real "broken word" of Cayetano. And know that his dishonesty is being practiced at more than one level. The negotiated settlement of 1990 never anticipated a direct payment from airport funds - instead, mirror

funds from the general fund representing an equal amount would be paid. This kind of payment was made to cover the "past due" amount owed from 1 98 1 -90. General funds were also provided for 1991 and 1992.

Hawaiians are not a luxury, a funding frill like sports oars and caviar that ean be cut or dismissed when stocks go sour.

It was only when money started getting tight, that the state - without notification to OHA - began paying directly from airport funds. The difficulty, then, is not in the trust payment - but in the sources of funds to make the payment. As Cayetano said at our meeting, "Helping the Hawaiians was fine when we had the money ..." Hawaiians are not a luxury, a funding frill like sports cars and caviar that ean be cut or dismissed when stocks go sour. Our rights and entitlements do not exist simply because it's a niee thing to do when you have a little extra cash. Hawaiian rights and trusts are assured by the constitution and in the laws. Let's all eall Cayetano and remind him — those rights and laws are priceless, and his failure to uphold them is the moral bankruptcy that Hawai'i ean never afford.