Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 5, 1 May 2000 — Rice in retrospect [ARTICLE]

Rice in retrospect

• Feb. 23. Rice invalidates OHA elections. Senator Inouye's office issues a press release stating the senator's belief that Gov. Cayetano has the authority to appoinl "interim trustees." Hours later, Cayetano issues a press release announcing he will replace the eight trustees elected in 1996 and 1998

because, he maintains, the Supreme Court decision has created "vacancies." • Feb. 24. Based on an interview with petitioner Freddy Rice's attorney, John Goemans, the Honolulu Star-Bul-letin reports "he and other lawyers will 'undoubtedly' challenge other Hawaiian benefits." See Rice on 18

RICE

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OHA trustees vow not to step down. Trustee Mililani Trask calls for "civil disobedience." • Feb. 26-March 2. Senator Colleen Hanabusa conducts statewide hearings to gather community input on Rice. Hawaiians and non-Hawaiians testifying overwhelmingly oppose removal of the trustees. The Departments of the Interior and Justice announee Rice has delayed their draft report on reconcihation between the United States government and Native Hawaiians. • Feb. 28. The Board of Trustees hires McCorriston Miho Miller and Mukai to represent OHA in Federal District Court. OHA files a petition to intervene as a party in Rice vs. Cayetano for purposes of weighing in on the remedy U.S. District Judge David Ezra might be ordered to issue. • March 2. The hearing on OHA's petition is scheduled for Apiil 24. • March 3. At a joint press conference in the governor's office, Cayetano and OHA Chair Clayton Hee announee their intention to seek the Hawai'i Supreme Court's clarification of whether Rice created "vacancies" on OHA's board and whether Cayetano has the authority to fill them. If so, Cayetano says he will reappoint most of the same trustees after interviewing all of them individually. Trustees are to remain in office pending the court's decision. • March 5. Hawaiian activists meet

for five hours at the Center for Hawaiian Studies to discuss plans for responding to Rice. • March 7. Kumu Hula Vicky Holt Takamine, president of the 'Ilio'ulaokalani Coalition, a grass roots activist organization that has successfully resisted legislative attempts to curtail Hawaiian gathering rights, announces the formation of Aloha 'Āina, a polkieal party supportive of the Hawaiian perspective on the issues, and begins eollecting the signatures required for the party to be on the ballot in November. • March 10. The American Friends Service Committee, Japanese-American Citizens League, American Civil Liberties Union of Hawaii, Hawai'i Eeumenieal Coalition, the Ahupua'a Action Allianee and other sympathetic groups announee their support of Hawaiian rights and self-determination. • March 12. Hawai'i's congressional delegation forms a Hawaiian Affairs Task Force chaired by Sen. Daniel Akaka. • March 13. Chair Hee calls for discussions of Rice between OHA and the ali'i trusts. During a 90-minute round table discussion, 10 Native Hawaiian leaders agree that Rice leaves Hawaiian entitlement programs vulnerable to challenge in the courts. • March 14. The U.S. Supreme Court certifies its decision in Rice and remands the case to the Ninth Circuit Court of Appeals. • March 15. In an attempt to limit OHA elections to voters of Hawaiian ancestry, the board considers drafts of

legislative proposals to establish OHA as a private corporation. • March 16. OHA asks the Legislature to consider two such alternatives to separate OHA from the state by privatizing it. One plan would require legislative approval for OHA to incorporate; the other would require a report to the Legislature after the fact. • March 22. The Legislature hears resolutions asking the president and Congress to recognize a political relationship between the federal government and Native Hawaiians, and supporting a Hawaiian affairs office within the Department of the Interior. • March 23. Cayetano requests the attorney general's guidance on whether OHA trustee positions are open to all candidates regardless of ancestry. • March 28. Legislators decide against including in legislation provisions to privatize OHA. • March 29. On behalf of 23 nonHawaiians, Attorney William Burgess files a motion to intervene in OHA vs. State, in whieh Judge Daniel Heely ruled the State of Hawai'i must pay OHA its pro rata share of unspecified millions of dollars in revenues generated by Duty Free Waikīkī, Hilo Hospital, Hawai'i Housing Authority and Hawai'i Finance and Development Corporation, plus interest. The group also asks the court to reverse the Heely decision. • March 29. John Goemans claims he has been retained to represent potential non-Hawaiian candidates wanting to run for OHA trustee positions in November. • March 30. OHA and the Attorney General file their petition for a Hawai'i

Supreme Court ruling on 1) whether Rice created "vacancies" on OHA's board; 2) when the vacancies occurred; 3) whether Cayetano has the authority to fill them; and 4) the time frame for doing so. Prompted by Rice, the Hawaii advisory group to the United States Civil Rights Commission, chaired by Charlie Maxwell, asks the commission to eome to Hawai'i and explore avenues toward federal recognition. • April 5. The Ninth Circuit Court of Appeals vacates its previous decision in Rice, affirming the legality of the structure of OHA's eleeūon, and remands the case to the U.S. District Court in Hawai'i for further proceedings consistent with the Supreme Court's decision. Both parties stipulate no further proceedings are required in Rice vs. Cayetano other than an entry of judgment and award of attorney's fees and costs. • April 7. U.S. District Judge Ezra agrees with the parties' stipulation and declines to rule further. He advises the state and Hawaiians to "step back and take a deep breath." OHA withdraws its motion to intervene in the case. • April 10. Cayetano opines that all nine OHA trustees should stand for reelection in November, not just the four whose terms will expire. • April 18. The Hawaiian Task Force, comprised of Hawai'i's congressional delegation and five support groups, meets at the state capitol. Additionally, 25 community members are invited to attend. (See eompanion story on page 1.) ■