Hawaiians lost control of a $5 billion Trust Asset

July 21st, 2010

TRUSTEE ROWENA AKANA

August 2010 Ka Wai Ola Column

On December 14, 2006, the board of trustees authorized the Administrator and Chair Haunani Apoliona to negotiate with the Governor and the Federal Government so that OHA could have a meaningful role in the coordinated management of the Northwestern Hawaiian Islands Marine National Monument (now known as Papahanaumokuakea) that was established by George W. Bush through Presidential Proclamation 8112 of June 15, 2006.

During the vote, I expressed my deep concerns that OHA’s role should not be just limited to the oversight of the cultural and historic consultation aspects of Papahanaumokuakea but also the proper management and protection of its fishing resources.

After the Proclamation, Papahanaumokuakea was managed through a Memorandum of Agreement (MOA) between (1) the State Department of Land and Natural Resources, (2) the U.S. Department of the Interior’s U.S. Fish and Wildlife Service, and (3) the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration.  I was concerned that OHA was left out and asked the Administration if OHA could be added to this MOA at a later date.  They said, “Yes.”

Flash-forward to four years later and OHA is still not a part of the MOA and we are getting reports that Hawaiians are having a difficult time accessing Papahanaumokuakea and continuing their traditional practice of subsistence fishing.

Not only has OHA failed to become a full partner in the management of Papahanaumokuakea, one of our most sacred, culturally significant and environmentally sensitive sites, but now five OHA trustees (Apoliona, Machado, Stender, Mossman, and Waihee) are giving their de facto support for the current management arrangement by pushing for Papahanaumokuakea’s designation as a “prestigious” United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Site.

On July 8, 2010, the five trustees voted to support the Nomination of Papahanaumokuakea as a World Heritage Site despite a myriad of concerns including:

(1) In early 2009, the Marine Resources Committee of the American Bar Association concluded that the George W. Bush’s proclamations establishing Papahanaumokuakea were illegal and that the jurisdiction of the Western Pacific Regional Fishery Management Council (WESPAC) under the Magnusson-Stevens Act could not be terminated by the proclamation.

(2) The Bar Committee also certified that the process used by Bush had terminated any opportunity for meaningful public input.

(3) The Bush administration designated Monuments across the United States, on land as well as in the oceans.  In these areas, public and native rights have been ignored.

(4) The U.S Military has full access to Papahanaumokuakea and can come and go as they please.

(5) Other World Heritage Sites, such as the Galapagos Islands, have been permanently damaged from a massive increase in tourism after its designation.

I strongly support delaying the World Heritage Site designation for Papahanaumokuakea until there is genuine support for it from our beneficiaries and all of the concerns I have mentioned above have been properly addressed.  OHA has done polls regarding the Akaka bill in the past.  We should certainly do one for this issue.

The fisheries contained within Papahanaumokuakea have been valued at an estimated five billion dollars (US).  If it is properly and sustainably managed, it could provide the food that our future nation will need to survive, not to mention that theses lands are considered ceded.  We cannot allow such an important site to be under the sole control of the state and federal governments who have a long history of mismanaging our resources. 

OHA and the Western Pacific Regional Fishery Management Council must be equal signatories to the MOA to ensure that Papahanaumokuakea will be protected.  There is absolutely no need for the state DLNR to be a signatory to this MOA.  DLNR has mismanaged ceded lands since 1959.  How can they possibly manage the islands and waters of Papahanaumokuakea?  The idea is beyond comprehension.

What do you think?  Shouldn’t you have an opportunity to voice your opinions on this important matter?

To view four video clips from the OHA Board of Trustees meeting on July 8, 2010 click on the following links:

(1) BOT 7-8-10 Board Counsel Opinion – Agenda Item Proper

http://www.youtube.com/watch?v=bU6yx1JZKVI

(2) William Aila Jr. Supports Papahanaumokuakea as Heritage Site

http://www.youtube.com/watch?v=Dn5NmZJ6gN0

(3) OHA BOT 7-8-10 Trustee Stender on Papahanaumokuakea

http://www.youtube.com/watch?v=1MvKgXAPTeo

(4) OHA BOT 7-8-10 Mililani Trask on Papahanaumokuakea

http://www.youtube.com/watch?v=9IRheLIscmU

Tags: , , , , , , , , ,
Posted in Oceans | Comments Off

OHA Trustees excluded

June 29th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: July 2010 Ka Wai Ola o OHA Monthly Column

Chair Apoliona goes out of her way to exclude trustees from board discussions.  For example:

DUE DILIGENCE MEETINGS

Back in April, the SEC brought a civil action against Goldman Sachs, one of OHA’s two money managers, because of “a single transaction in 2007 involving two professional institutional investors.”  Goldman assured us that they believe the SEC’s allegations were “completely unfounded both in law and fact,” and that they would vigorously defend themselves.  Every trustee had reason to be deeply concerned since, as of December 31, 2009, Goldman managed $171,649,375 of OHA’s Trust Fund. 

On April 20, 2010, Goldman invited OHA to meet with them in New York on May 7, 2010 for an explanation.  Chairperson Apoliona, Trustees Machado and Stender, and CEO Namuo traveled to New York for the meeting.  I did not submit a request to travel so I don’t know if the Chair denied travel for anyone else.

On April 21, 2010, Goldman offered to provide Trustees that could not attend the New York meeting with a “live video conference feed” from their office to our boardroom.  This would allow all of us to at least listen in on the Goldman meeting.

Then suddenly, on April 23, 2010, the OHA Board Counsel cancelled the Goldman videoconference, most likely at the request of the Chairperson.  At the request of Trustee Heen, the Board Counsel wrote a legal opinion to explain his position.  The Board Counsel felt that, since Goldman refused to allow the video conference to be viewed by the public in an open meeting, OHA would end up breaking the Sunshine Law.  Since none of the trustees I have spoken to have actually seen any communication from Goldman Sachs objecting to an open meeting, I am not convinced that there was such a communication.

There were other ways to allow the trustees to listen in and still stay within the law.  For example, we could have gone into executive session during the “sensitive” portions of the broadcast.  While it wouldn’t have been the most ideal solution, Chair Apoliona has shown in the past that she has no problems taking things into executive session, even when it is not necessary except to keep the public from hearing what is going on.

It is clear to me that this was just a deliberate attempt to keep the majority of the board from hearing what Goldman had to say.  At the time of the writing of this article, there has been NO report to the Board of Trustees from Trustees Apoliona, Stender, or Machado regarding their New York meeting.

SELECTIVE DENIAL

Another example of Chair Apoliona’s selective denial happened back in 2008, when, without even the proper authority, Apoliona denied my travel to South Dakota on official business as a board member of the Governors’ Interstate Indian Council (GIIC).  I am the only non-Indian member of this national organization representing Native Americans and Alaska Natives in all 50 states.  The GIIC has supported OHA’s efforts for federal recognition with five resolutions that have been sent to Congress on our behalf.

WORKSHOPS

On May 4, 2010, the Board Counsel wrote another legal opinion about his decision to deny a Trustee from participating in a Board Workshop on April 22, 2010 by telephone.  The Trustee had been told by the Administration that it wouldn’t be a problem for him to participate over a speaker phone, but that decision was overruled by the Board Counsel, which went against OHA’s longstanding practice of allowing participation via telephone as long as the Trustee did not vote.

KAMEHAMEHA LEI DRAPING CEREMONY

On April 26, 2010, each Trustee received an invitation letter from the Hawai`i State Society of Washington, D.C. to participate in the 2010 Kamehameha Lei draping ceremonies on June 6, 2010.  Trustees have supported and attended the ceremony since 2003; including the historic first ceremony in Emancipation Hall at the new Capitol Visitors Center in 2009.  Despite this, on May 3, 2010, the Chairperson denied travel for all Trustees except for herself and OHA staff members CEO Namuo, COO Stanton Enomoto, and Special Assistant to the CEO Martha Ross. 

Meetings were scheduled by the Administration to meet with Federal Officials while in Washington, D.C. – meetings that the Trustees should have attended.  This has become a common practice with this Chair.  Despite this denial, I elected to pay my own way to Washington, D.C. as I had an important meeting scheduled at the White House. 

Chairperson Apoliona must stop interfering with our right to represent the beneficiaries that elected us.  Sadly, this has been going on for the last eight years.

OTHER NOTABLE ISSUES:  QUESTIONABLE SPENDING

In a May 3rd e-mail to the Trustees, Chair Apoliona explained that she was denying travel for the 2010 Kamehameha Lei draping in D.C. on June 6th, because of economic reasons, not mentioning that there were also important meetings scheduled with Federal Officials that Trustees should have attended.  Chair Apoliona wrote:

“Since 2009 Trustees have been asked to limit requests for out of state travel due to our downturn in the economy and the impact on OHA resources.  Although there is demonstration of what appears to be an ‘improving’ economy, we all continue to be vigilant and cautious.”  “…even in 2010 we should remain cautious about out of state travel costs and continue to manage out-of-State travel requests prudently.” — OHA Chair Haunani Apoliona

However, the Chair failed to mention that while she was denying Trustees’ travel, three OHA staff members went instead of Trustees.  While in D.C., OHA paid for a reception for 200 people, including entertainment.  How much did this cost our beneficiaries?  What about the “downturn in the economy?”

While I understand her reasons for being “cautious” with our spending during this economic downturn, a quick review of OHA’s recent spending shows that she is at worse a hypocrite and, at best, full of baloney.  For example, at a time when our people are living homeless on beaches, OHA authorized spending the following on June 3, 2010:

  • $100,000 to sponsor a Native Hawaiian men’s health conference in June 2010; and
  • $100,000 to sponsor an International Indigenous Health Conference.  There was no mention of how many Hawaiians were going to be able to attend this Conference.

The Administration also proposed to transfer $421,300 in education grant money to fund a “Continent Community Education” program in Hi’ilei Aloha LLC, a nonprofit that currently manages Waimea Valley.  This program would have given OHA funds to an organization outside of the Trustee’s direct oversight.  Hi’ilei Aloha would then determine who gets to travel to the mainland to educate people about the Akaka bill.  My guess is that her relative, who now works with Hi’ilei Aloha, would be doing most of the traveling, since that was the case when she worked for OHA.  This highly questionable proposal was quickly scuttled after several trustees and I brought up serious concerns at the board table, specifically that this private organization would in fact end up doing the work that OHA Trustees are charged to do.

OHA TOO TOP-HEAVY?

Just about five years ago, OHA’s budget was around $23 million.  Today, OHA’s budget has ballooned to $42,107,095.  A whopping $12,320,998 is spent on salaries and benefits.  Another $7,541,655 is spent on work that is contracted outside of OHA.  Only $1,410,130 is spent on OHA programs to assist our beneficiaries!  What’s up with that?

FALLING THROUGH THE CRACKS

I have always said that OHA’s two committee system allows too many important issues to slip through the cracks.  The system was put into place by Chair Apoliona to consolidate her control over the Board of Trustees.  Since the two committee chairs have to oversee every function of the Board, there are just too many issues for each committee chair to consider and a lot of important issues fall through the cracks.  Things are so bad now that almost nothing is being done by the committees.

The Asset and Resource Management (ARM), chaired by Trustee Stender, meets only twice a month (if there are no sudden cancellations), despite the huge swings in the stock market and the volatile nature of the world economy.  Also, the ARM committee is responsible for evaluating OHA programs and deciding whether to continue, modify, or terminate their funding, but this has not occurred for the past several years.  The State Auditor’s recent report will back this up.

In the past year, the ARM committee has cancelled or rescheduled many meetings, reducing the number of meetings we have in a month.  For example:

  • The August 5, 2009 and September 2, 2009 ARM Committee Meetings were cancelled.
  • The September 23, 2009 meeting was rescheduled to September 22, 2009.  Since there was no quorum for the September 22, 2009 meeting, it was postponed.
  • The ARM Committee meeting scheduled for May 12, 2010 was cancelled.  There were no ARM meetings in all of May 2010.

Since Trustee Stender has chaired the ARM committee, OHA has not taken its budget out into the community as required by law.

The Beneficiary Advocacy and Empowerment (BAE) committee, Chaired by Trustee Colette Machado, is responsible for developing programs which focus on beneficiary health, human services, native rights and education and evaluate all OHA programs to ensure a positive impact on our beneficiaries.  Not only has the BAE Chair failed to develop any new programs, she is actually trying to eliminate them.  Just ask members of the Native Hawaiian Historic Preservation Council (NHHPC).  In fact, since Chairperson Apoliona has chaired the Board and Trustees Machado and Stender have chaired the two Committees, virtually all OHA programs have been discontinued.

Another byproduct of this system is that the active participation of the six other trustees has been cut-off.  The only thing that the other Trustees get to do is vote on whatever is being brought to the board or committee table.  In the past, the five committee system gave the majority of the trustees the responsibility of running a committee.  Today, I believe that the saddest result of the two committee system is that several of the trustees have become apathetic.  They aren’t as interested in board affairs since they are not consulted about any subject matters prior to a meeting.  Chair Apoliona has also acquiesced trustees’ power to the CEO, which further exacerbates the problem.

Chair Apoliona always likes to say that OHA has never been better.  There is no truth to that statement.  There was a time when Trustees were passionate about the issues near and dear to their hearts; worked tirelessly to improve the lives of our beneficiaries; and when the moral of our employees were at its best.  Let us look for change in the November elections.  Aloha pumehana.

Tags: , , , , , , , , , , , , , , , ,
Posted in OHA | No Comments »

Change is good – or is it?

June 15th, 2010

By: OHA Trustee Rowena Akana

Source: June 2010 Ka Wai Ola o OHA Column

Sometimes, even the best of intentions can go amiss.  This past February through April, OHA underwent a massive reorganization.  The purpose of the restructuring was to make OHA better able to implement the recently passed 2010-2016 OHA Strategic Plan.  While I appreciate all of the hard work that our Administration put into reorganizing OHA, I have the following concerns:

(1) COMPLICATED & CONFUSING: 

Prior to the recent re-organization, OHA had a simple structure that was easy to understand.  The Board of Trustees set the policy for the Administrator and he would oversee the day-to-day operations of OHA.  He had two Deputies helping him, one in charge of beneficiary advocacy & empowerment and another for OHA operations.

Now, OHA has been split into three levels.  The top level is the Board of Trustees.  In the second level, the “Chief Executive Officer” (CEO) oversees the “Chief Operating Officer” (COO) with the help of the “Corporation Counsel” and the “Chief Knowledge Officer.”  The CEO also directly oversees OHA’s Nonprofit, Hi’ilei Aloha, LLC.  In the third level, the COO oversees four “Line of Business” managers that have direct control over their respective divisions.  They include:  (1) the Resource Management Director/Chief Fiscal Officer, (2) the Community Relations Director, (3) the Chief Advocate, and (4) the Research Director.

The new structure has made it difficult for Trustees and their staff to assist our beneficiaries.  For example, if someone calls my office and needs help with ceded land maps, do I call the “Chief Knowledge Officer” or the “Resource Management Director” or the “Research Director?”  The answer is the “Research Director.”  So now, what happens to the unwritten rule that “employees are not to consult with trustees?”

(2) OUTSIDE CONSULTANTS: 

According to COO, the Administration is planning to conduct a large amount of research so that OHA can operate based on hard data.  Unfortunately, they also plan to contract much of this work to outside companies instead of doing it “in-house.”  Given the many expert managers and advocates that we have hired, such as the “Chief Knowledge Officer,” the question is — Why?  OHA is paying these new managers generously high salaries (compared to similar state employees) and I believe they should be doing more to earn it.  Trustee Machado’s concern that OHA may be too “top-heavy” at a recent meeting appears to be correct.  Also, Hawaiians have been studied to death on almost every subject, whether it’s culture, health, housing, history, land, legends, rights — you name it and there are studies and books full of data on it.  So why are we re-inventing the wheel?

(3) GRANTS: 

The Administration is currently revising the new guidelines for approving OHA grants, but there is no word yet on when it will be completed.  My concern is that the guidelines won’t be stringent enough to prevent abuses by certain trustees to “fast tracking” grants for favored nonprofit organizations.

(4) JOB TITLES: 

Many of the new positions have ridiculous titles that seem to be either too vague or too broad and the staff members who will be responsible for completing the tasks have yet to be completely identified to the trustees.  We are a Hawaiian governmental agency formed to serve our Hawaiian and native Hawaiian beneficiaries.  We are not a private corporation.  I believe the titles of the new positions and divisions need to clearly reflect the tasks and duties they are charged with.  At present, they make no logical sense at all.  My fear is that we are creating layers of bureaucracy that in the end will not produce many benefits for our beneficiaries.  So is this change good?  We shall have to wait and see.

If you have a comment to share or if you have subjects that you would like to know more about, please send it to my office or write a letter to the editor of the Ka Wai Ola o OHA.  Aloha pumehana.

Tags: , , , , ,
Posted in OHA | No Comments »

Supporting the Passage of H.R. 2314, Native Hawaiian Government Reorganization Act Of 2010

May 15th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: May 2010 Ka Wai Ola Column

More than 50 years after statehood, the long-awaited reconciliation between the Native Hawaiian people and the United States Federal Government took a major step closer to reality as the U.S. House of Representatives overwhelmingly approved H.R. 2314 on February 23, 2010.

This was the third time that former-United States Representative Neil Abercrombie has passed such a bill out of the U.S. House of Representatives since he was first elected to Congress on November 6, 1990.

H.R.2314 makes it clear that Native Hawaiians will have the inherent powers and privileges of a native government, including self-determination, with the exception of the right to conduct gaming.

Hawaii’s congressional delegation has strongly supported negotiating at the federal level for a resolution on Hawaiian issues which remain after the overthrow of Queen Liliuokalani.

Since the year 2000, United States Senator Daniel K. Akaka has introduced legislation, now popularly known as the “Akaka bill,” to provide a structured process for all Hawai’i residents to come together and begin the process of bringing about meaningful reconciliation and healing within the Native Hawaiian community.

On February 22, 2010, the Hawaii Congressional Delegation released the final text H.R.2314, the Native Hawaiian Government Reorganization Act of 2010, which was fine-tuned in consultation between the Hawaii’s congressional delegation and the White House, the U.S. Departments of Justice and Interior, the State of Hawaii and stakeholders in the Native Hawaiian community.

The changes to H.R.2314 clarify the authority and powers of the Native Hawaiian Governing Entity prior to negotiations, while ensuring that the final bill is legally sound and consistent with U.S. policy toward indigenous people and their native governments.

These clarifications represent a genuine effort to address the State of Hawai’i’s concerns while maintaining the original purpose of the bill, which is to establish federal recognition for Native Hawaiians.

H.R.2314 provides Native Hawaiians with an opportunity for self determination and cultural preservation, while empowering them to be an equal partner with the state and federal government.

H.R.2314 does not alter the sovereign immunity of the United States or the State of Hawaii nor does it transfer any lands to the Native Hawaiian governing entity.

Hawaii’s entire Congressional Delegation, Senator Daniel Inouye, Senator Daniel K. Akaka, former-Congressman Neil Abercrombie, and Congresswoman Mazie Hirono, along with Hawaii’s Lieutenant Governor James Duke Aiona, have all proclaimed their support for recognition of a Native Hawaiian governing entity, demonstrating the high priority of this issue for the people of Hawaii and its importance over and beyond any political party affiliations.

Failure to secure the passage of federal recognition for Native Hawaiians would result in continuing legal challenges to Hawaiian programs and the loss of millions of dollars the state currently receives from the federal government for programs that perpetuate the Native Hawaiian culture, language and traditions.

Until the next time.  Aloha pumehana.

Tags: , ,
Posted in Sovereignty | 1 Comment »

Perreira’s Opinion Shared By Many

April 22nd, 2010

By: Trustee Rowena Akana

Source: Lettter to the Editor, Honolulu Advertiser, April 22, 2010

The editorial opinion shared by Randy Perreira in your paper speaks for the many thousands of people who share the same sentiments (“DHS proposal will increase social calamity,”April 14).

What on earth can the Lingle administration be thinking?

It is so unfortunate that when government mis-spends our tax dollars, it is always the school children and the less fortunate who suffer.

Perhaps it is time for our local people to start our own “Tea Party Group” and tackle real-life issues instead of political philosophies.

Tags: , ,
Posted in Political | No Comments »

Broken Promises by the Legislature

April 15th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: April 2010 Ka Wai Ola o OHA Column

There is no question that from the Territorial Government to the present, the state has consistently mismanaged our ceded lands.  Politicians have leased thousands of acres to their friends for as little as a dollar a year through insider deals.  A previous Governor even suspended landing fees at the airport, which sits on ceded lands, for two years to allow airlines to bring in more tourists.  We all know that didn’t happen.  And they wonder why they don’t have any money!

These same politicians are now forced to come up with “creative” ways to supplement their shortfalls during these tight economic times such as legalized gambling, raising taxes and, worst of all, selling ceded lands.  They wouldn’t have to look far if they simply managed our ceded lands properly.

The state’s failure to manage ceded lands should not be used as an excuse to sell a resource that is so critical to the future success of our future nation.  Just a year ago, state legislators agreed with us and voted to preserve ceded lands.  Act 176, 2009, established that the state cannot sell any ceded lands unless they get a two-thirds majority vote in both the State House and State Senate.  Now they’re going back on their word and trying to sell ceded lands.  How can we trust these people?

This election year, let’s elect responsible leaders who will make the tough decisions needed to get our economy out of the toilet.  We do not need more politicians to think of even more creative ways to tax us or squander our resources.

ON ANOTHER NOTE:

On February 10, 2010, OHA’s money committee decided to stop investigating whether we should keep or replace our investment managers.  According to the minutes of the meeting, after considering all factors involved, all trustees present at the meeting came to a consensus that our staff would “cease all due diligence efforts at this time and retain the current investment advisors.”

The decision to postpone the evaluation of our investment managers is very shortsighted [I was not at the meeting and did not join the discussion].  It disregards the criticisms that the State Auditor had in her recent audit regarding OHA’s management of the trust.  It also disregards what Trustees Lindsey, Mossman, Heen, Stender and I learned from the Mercer Investment Forum on January 28-29, 2010 in San Francisco. 

The Forum stressed the need for investors to look for managers who are specialized in each field of investment.  More importantly, they recommended that we evaluate whether our managers are able to handle the new requirements of “opportunistic” investing.

Trustee Stender later informed the trustees that our fiscal staff would continue to monitor the top five money managers we are considering and bring this matter back to the committee within a year. 

One year is long time to wait.  At the very least, our staff should report to the committee on a quarterly basis to keep us informed.  In these volatile times, we do not have the luxury to “take our eyes off the ball” for such an extended length of time.

Until the next time.  Aloha pumehana.

Tags: , , , , ,
Posted in Government | No Comments »

State Auditor confirms the lack of vision and foresight within OHA’s leadership

March 15th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: March 2010 Ka Wai Ola o OHA Column

Back in September of 2009, the trustees were given a draft of State Auditor Marion Higa’s Investment Portfolio Review of the Office of Hawaiian Affairs.  The 48-page report to the Governor and the State Legislature had many critical things to say about OHA’s investment structure and ability to carry out its duties.

Here are just a few of the Auditor’s concerns:

  • The board’s Investment Policy Statement (IPS) is inadequate to ensure potential conflicts and other violations are identified, reported, and resolved.
  • OHA does not have a “whistleblower” policy or a toll-free phone line available to OHA staff and beneficiaries to report potential conflicts, violations, or other issues.
  • OHA does not track general beneficiary concerns or complaints specifically related to the trust.  Complaints are therefore less likely to be reported and OHA cannot ensure complaints are properly received and resolved.

The Auditor also wrote that the Trust’s lackluster performance warrants review of the advisory service’s policies, processes, and performance. 

  • The trust’s investments were underperforming for the majority of the review period of FY2004 to FY2008, not only failing to meet its own target earnings goals in nearly half of the quarters, but also falling below average nationwide peer performance in 18 of the 20 quarters reviewed.
  • OHA did not consistently monitor investment compliance during FY2004 to FY2008.  In addition, the investment advisors do not certify quarterly or annually that they are compliant with the trust’s investment guidelines.

On September 8, 2009, Chair Haunani Apoliona responded to the State Auditor and tried to address the concerns the Auditor brought up and what OHA planned to do about it.  It was clear that the Chair wanted the Auditor to soften the harsh report.

However, on October 1, 2009, I received a copy of the State Auditor’s Final Report and, to no surprise to me, nothing substantive was changed.  The Auditor concluded that:

  • While a cursory reading of the board’s response may appear to contradict the Auditor’s findings, in most instances the board challenged secondary points but ultimately acknowledged the major points of the Auditor’s findings.
  • Moreover, many of those arguments misconstrued the facts presented in the Auditor’s report.
  • The Auditor’s final report contains only a few editorial changes based on the board’s response.

On October 2, 2009, an obviously irritated Chair Apoliona personally responded to the Auditor, complaining that she could have gone over the auditor’s comments point-by-point but chose to focus on the “big picture.”

In a memo dated October 23, 2009, I wrote that I agreed with many of the criticisms made by the State Auditor.  Further, Chair Apoliona should focus on making the much needed changes that the State Auditor suggested.  Only then can we move forward as an organization and do better for our beneficiaries.

If you are interested in reading the State Auditor’s report on OHA in its entirety, please visit the State Auditor’s website at http://hawaii.gov/auditor/Reports/2009/09-10.pdf.  Until the next time.  Aloha pumehana.

Tags: , , , , , ,
Posted in OHA | 1 Comment »

Broken Promises by the Legislature

February 23rd, 2010

By: Trustee Rowena Akana

Source: Letter to the Editor, Honolulu Advertiser, February 23, 2010

From the Territorial Government to the present, politicians have consistently overspent.  This forces them to come up with “creative” ideas to supplement their shortfalls when the economy eventually sours. 

They wouldn’t have to look far if they simply managed ceded lands properly.  Thousands of acres have been leased by politicians to their friends for as little as a dollar a year.  A previous Governor even suspended landing fees at the airport, which sits on ceded lands, for two years to allow airlines to bring in more tourists.  We all know that didn’t happen.  It was just another sweetheart deal.

There is no question the state has mismanaged ceded lands.  However, this rationale should not be used as an excuse to sell such a precious resource.  A year ago, legislators voted to preserve ceded lands.  Now they’re trying to sell them.  How can we trust these people?

We need leaders who can balance budgets.  Then they wouldn’t have to raise taxes, legalize gambling or sell ceded lands.  This election year, let’s vote for people who will make the tough decisions needed to revitalize our economy.  We definitely do not need more creative ways to tax us or squander our resources.

Tags: ,
Posted in Government | No Comments »

Portraits of Traitorous Overthrowers Must Go

February 15th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: February 2010 Ka Wai Ola o OHA Column

As difficult as it is to believe that in this day and age, and with all of the history that has been revealed regarding the unjust nature of the overthrow of the Hawaiian Kingdom, large, framed portraits of Provisional Government officials are still being displayed in the rotunda of Ali’iolani, the headquarters of the State’s Judiciary.  Specifically, the portraits include Albert Francis Judd, who was Associate Justice from 1874-1881 and Chief Justice from 1881-1900, and Walter F. Frear, who was Associate Justice from 1893-1900 and Chief Justice from 1900-1907.

The display of such portraits is an affront to many Native Hawaiians and gives the appearance that the State of Hawaii approves of the overthrow.  The portraits also perversely give legitimacy to the Provisional Government which has clearly caused great harm to Native Hawaiian people, culture, and self-determination.

History has proven unequivocally that the Provisional Government of Hawaii was established illegally, immorally, and unjustly in 1893 following the treacherous overthrow of the Kingdom of Hawaii.

The Provisional Government ruled Hawaii during the period between the overthrow and when they declared themselves the Republic of Hawaii on July 4, 1894.  Anyone who accepted an official position within the illegal Provisional Government were traitors to the Kingdom and, by remaining in office, perpetuated the great harm brought upon Native Hawaiians by the overthrow.

Soon after the overthrow, President Cleveland appointed U.S. Commissioner James H. Blount to investigate the events surrounding the overthrow.  The “Blount Report,” as it is now commonly know, was part of the 1893 United States House of Representatives Foreign Relations Committee Report provided the first official evidence that United States was complicit in the illegal overthrow.  The Blount Report concluded that the U.S. diplomatic and military representatives in Hawaii had abused their authority and were responsible for the change in government.

President Grover Cleveland himself described the acts leading up to the overthrow as an “act of war” and acknowledged that the government of the Kingdom of Hawaii, with its peaceful and friendly people, had been overthrown.  On December 18, 1893, President Cleveland sent a message to Congress calling for the restoration of the monarchy. 

The Provisional Government protested President Cleveland’s efforts to restore the monarchy and continued to hold onto power and pursued annexation to the United States.  They even successfully lobbied the US Senate Committee on Foreign Relations to conduct a new investigation into the events leading to the overthrow in order to challenge the Blount Report’s findings.

The policies of the Provisional Government were far more restrictive than those of the Kingdom of Hawaii, including denying citizenship to Chinese immigrants.  They also restricted voting to only 4,000 people, which was down from the 14,000 people under the Bayonet Constitution.  This led to the Blount Report’s conclusion that if the question of annexation were put to a popular vote, it would be “defeated.”

I encourage everyone to support OHA’s Concurrent Resolution in this legislative session which urges the State to remove the portraits of any Provisional Government official which are being displayed in a position of honor in state buildings.

Aloha pumehana.

Tags: , , , ,
Posted in Historical, Racism | 1 Comment »

Looking Back at 2009 and Looking forward to 2010

January 15th, 2010

By: OHA TRUSTEE ROWENA AKANA

Source: January 2010 Ka Wai Ola o OHA Column

Last year started out with the whole world caught up or affected in some negative way by America’s recession.  Economists said it would probably last through to 2010 and they were right. 

During the 2009 session, I found it embarrassing to sit through OHA’s budget briefing to the state legislature and listen to Senators and Representatives ask about OHA’s budget.  Questions included things like “Where are OHA’s priorities for spending?” and “How much was being spent on Kau Inoa registrations and OHA’s Washington D.C. office?”

They basically scolded us for not making any sacrifices and were reluctant to give us any more money.  At least that was my impression of their message to us.  However, it is important to note that the approximately $3 million that we receive annually from the state helps us to serve the less than 50% Hawaiian beneficiaries that we are also mandated to serve.

SETTLEMENT WITH THE STATE

I supported Senate Bill 995, introduced by Senator Clayton Hee, which attempted to resolve the claims and disputes relating to OHA’s portion of income from the public land trust between 11/7/1978 and 7/1/2009. 

Senator Hee’s proposal offered OHA $251 million in cash and 20 percent of the 1.8 million acres of ceded lands to be determined in negotiations between the agency and the Lingle administration.  During the Cayetano administration, OHA was offered 20% of all ceded lands and $150 million in cash.  Five OHA board members refused the offer; two of which are still on the OHA board (Trustees Haunani Apoliona & Colette Machado).  In Governor Cayetano’s recent book, he speaks to the foolishness of those board members and refers to the events as a “missed opportunity” for OHA.  SB995 SD2 offers OHA another opportunity to redeem itself.

SB995 would have given OHA the right to choose from the following properties, among many others: Kaka’ako Makai; Kahana Valley and Beach Park; La Mariana and Pier 60; Heeia meadowlands; Mauna Kea: Mauna Kea Scientific Reserve; Waikiki Yacht Club; Ala Wai Boat Harbor Complex; Kalaeloa Makai; and any and all other lands that the State may agree to convey to OHA.

Even a few of these properties could generate all of the revenue OHA needs to operate indefinitely and would have given our future nation the concrete assets it needs to serve the Hawaiian population.  SB995 would have made Native Hawaiians self-sufficient (the very essence of sovereignty) and relieved the State of Hawaii of a large burden on their budget. 

Unfortunately, SB995 failed to pass during the last days of the legislature because according to Advertiser Staff Writer Gordon Y. K. Pang, “key House members,” no doubt let by Speaker Calvin Say, declined to support the bill.  Let us hope that we can convince them this year.

SAINT DAMIEN

It is fitting that we closed the year with the celebration of the sainthood of Father Damien, a non-Hawaiian who unselfishly gave his life to care for Hawaiians.

On October 1, 2009, I traveled along with a Hawaii delegation on a pilgrimage to Belgium and to Rome to honor Father Damien.  We visited Father Damien’s hometown of Tremelo where the people of the town embraced us.  I can now truly understand where the kindness and compassion that father Damien had for our Hawaiian people came from. 

In a ceremony led by Pope Benedict XVI in St. Peters Basilica in Vatican City, Rome, we witnessed the canonization of Father Damien on October the 11, 2009.

To Father Damien, people were people, and his service to his God meant that he must serve all of God’s people.  We would undoubtedly have a more peaceful world if we could all embrace the compassion for others that was exemplified by Saint Damien.  Let us think of these good thoughts and deeds as we move forward into this New Year.

My best wishes to all for a happy and successful 2010.  Aloha pumehana.

Tags: , ,
Posted in OHA | 1 Comment »

« Older Entries