Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 6, 1 June 1997 — We won, we are legit! [ARTICLE+ILLUSTRATION]

We won, we are legit!

Was Chairman Hee's boldly scribbled note on the cover memo that he circulated to trustees of Judge Ezra's ruling in the Rice vs Cayetano contest that OHA was unconstitutional! It was signed WARMLY YOURS! And we have just cause to breathe

a sieh of relief. Twentv vears aeo throueh mv tenure

at Hawaiian Home Lands, every Hme we wanted to move forward legislators and congressional representatives always held the hammer over our heads that we should not challenge the professed constituHonal limitaHons of the Act of

1920. Now here comes a Federal Judge who says that the creaHon of OHA did not violate the Fourteenth or Fifteenth amendments. In part we should all have etched in our memories some excerpts from his decision. 1) The State of Hawai'i created OHA as a means to fulfill the obligation taken over for the federal government as part of the Admission Act. 2) That the restricHon of the right to vote in the OHA elecHons is not based upon race, but upon the recogniHon of the unique status of Native Hawaiians. That the classificafiun is derived from the

trust obligations owed and directed by Congress and the State of Hawaii. The legality of OHA ean be raHonally upheld if Hed to the fulfillment of the

unique obligation to Native Hāwaiians. 3) That the five conditions attached to ceded lands whieh the state must hold in public trust for five specific purposes include as one purpose "the betterment of Native Hawaiians, created OHA. 4) In answer to the contenfion that the state does not have the power to create a tribe and invest it with powers of selfgovernment. Judge Ezra responded, the creation of OHA did not create a tribe of native Hawaiians, nor is OFLA invested with

powers of self-eovernment outside the

Admission Act. He said, the State of Hawaii did not create the trust relationship with nafive Hawaiians, nor did it enact the initial legislaHon singling nafive Hawaiians out for special treatment.

Rather, he said, THE STATE OF HAWAII MERELY ENACTED A REASONABLE METHOD TO SATISFY ITS OBLIGATION TO UTILIZE A PORTION OF THE PROCEEDS FROM THE DESIGNATED 5 (B) CEDED LANDS FOR THE BETTERMENT OF NATIVE HAWAIIANS. I liked the Judge's assessment of OHA'S purposes 1 . to serve as the principal public agency responsible for the performanee and development, and coōrdinafion of programs and activities relating to native Hawaiians. 2. to assess the policies and practices of other agencies impacting on naHve Hawaiians and Hawaiians , 3. to apply for, receive and dis-

burse grants and donations for programs and services, and 4. to serve as a receptacle for reparafions.

5. He then proceeds to quote HRS 10-3 and 5 extensively, if you wish a copy of this State Statute outlining the responsibiliHes and purview of OHA please eall 808-594-1899 or leave your name and address with the operator 808-594-1888. 6. Judge Ezra did cite that OHA cannot impose taxes, enact laws, nor administer normal funcHons of government; that while we parficipate in limited ways in the operation of schools, health, and welfare services for the benefit of Hawaiians, OHA does not control the provisions of these services to the general public. Finally he admonishes that while OHA, correspondingly has broad discretion in the disbursement of funds, we are not unfettered; OHA is carefully constrained by its overall purpose to work for the betterment of Hawaiians that the court based its decision on the specific contours and limits of OHA's mandate and legal authority. He continues, to the extent the Trustees of OHA, or even the state Legislature exceed these limits, they risk running afoul of Federal Law and consfitutional boundaries. United States District Court Judge David Alan Ezra found, on May 6, 1977, that, the method of electing OHA Trustees as presently provided by state law meets consHtutional standards. INDEED WE ARE LEGIT!

TAe te$Atity o( OHA cah U 7Ati0HAtty UfAeU i( t\eA to tAe (ut(ittt»eHt o( tAe nHi<(ue olti$AtiOH to NAtfte ^Ah/AiiAH*. i.'i:

Ka Wai Ola o OHA

Trustee Messages ! ' OHA trustees' individual views expressed do not necessarily represent the official position of the Board of Trustees. OHA is not responsible for accuracy of these commentaries. The trustees weleome comment. Write to Ka Wai Ola o OHA, 711 Kapi'olani Blvd. Suite 500, Honolulu 96813.

fcittu »CT Trustee, At-Large