State Recognition: Questions & Answers

July 15th, 2011

July 2011 KA WAI OLA COLUMN

`Ano`ai kakou…  As part of my ongoing effort to educate the community on State Recognition, here are some answers to the most frequent questions that have come up recently regarding the process:

(1) What exactly is State Recognition?

State recognition is an acknowledgment by a state government that a certain group of people is indigenous.  That acknowledgement can take a variety of forms ranging from reaffirmation of a government-to-government relationship between the state and the governing body of the group to a simple admission that the group is a historic indigenous people within the state’s boundaries.

The benefits of state recognition differ from state to state based on state and federal laws and programs. State-recognized groups, typically American Indian tribes, do not automatically qualify for the same programs and benefits as federally recognized tribes, but some federal legislation, such as protections for indigenous artisans, certain environmental programs, and some grant processes, explicitly include state-recognized groups.

State recognition can be conferred in several ways, but the most common is by an act of the State legislature recognizing the indigenous group.  Alternatively, some states use an administrative recognition process where groups must meet certain criteria to qualify for recognition. In a few states, the Governor may grant recognition to indigenous groups.

(2) What is the status of State Recognition of Native Hawaiians?

The Hawaii State Legislature approved SB1520, CD1 on May 3rd and sent the bill to Governor Abercrombie on May 6th. The Governor has until July 12, 2011, to sign or object to SB1520 or else it automatically becomes law on July 12th.

(3) How does State Recognition differ from Federal Recognition?

State Recognized groups do not automatically qualify for the same programs or benefits as federally recognized Indian tribes or Alaska Natives.  At least 15 states have recognized over 60 groups that do not also have federal recognition. Because the criteria for state recognition need not mirror or even resemble the criteria for federal recognition, state recognition is not necessarily a precursor to federal recognition.

(4) Will State Recognition prevent the Federal Recognition of Native Hawaiians?

No!  Even though Native Hawaiians have been recognized by the State of Hawaii, the United States retains the ability to federally recognize Native Hawaiians at a later date. In some situations, the process of state recognition of an indigenous group has led to findings that later supported their petition for federal recognition.

Stay Informed!

I encourage all those who have questions regarding the state recognition process to contact OHA for the most accurate and up-to-date information.  There will most likely be opposition and misinformation from the usual suspects, such as the Grassroot Institute, but I would like to assure everyone that SB1520 does not diminish, alter, or amend any existing rights or privileges of Native Hawaiians that are not inconsistent with the language of the bill. It reaffirms that the United States has delegated authority to the State of Hawaii to address the issues of the indigenous, native people of Hawaii. Nothing in this bill serves
as a settlement of the claims of Native Hawaiian people under state, federal, or international law.

For more information on State Recognition please see: http://www.oha.org/leg/keybills.php.

Aloha Ke Akua.

Legislative Wrap-Up: State Recognition Bill Passes!

June 15th, 2011

June 2011 KA WAI OLA COLUMN

`Ano`ai kakou… Congratulations to the Native Hawaiian Caucus for all of their hard work in getting the State Recognition bill, SB 1520, passed.  As one of OHA’s Legislative Liaison, I worked closely with Senators Malama Solomon, Clayton Hee, and Brickwood Galuteria.  Also, a special Mahalo to Representative Faye Hanohano for her tireless effort to pass SB 1520 over on the House side.

SB1520 establishes a new law that recognizes Native Hawaiians as the only indigenous, aboriginal, maoli people of Hawaii.  It
also establishes a process for Native Hawaiians to organize themselves as a step in the continuing development of a reorganized Native Hawaiian governing entity and, ultimately, the federal recognition of Native Hawaiians.

SB1520 requires that:

  • A five-member Native Hawaiian Roll Commission be established and housed within OHA for administrative purposes.  The Commission will then prepare and maintain a roll of “qualified Native Hawaiians” which includes individuals (18-years or older) who are a descendant of Hawaii’s aboriginal peoples prior to 1778 or is a direct lineal descendant an individual who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act.
  • The Governor, within 180 days of the effective date, appoints the members of the Commission from nominations submitted by qualified Native Hawaiian membership organizations.  To qualify, a Native
    Hawaiian organization must have been working for the betterment of the
    conditions of the Native Hawaiian people for at least ten years;
  • Four members of the five-member Commission must reside in the four counties, with one member to serve at-large;
  • The Commission must publish the roll to facilitate commencement of a convention for the purpose of organization; and
  • The Governor will dissolve the commission after publication of the roll;

In addition, SB1520 clarifies that:

  • The bill shall not diminish rights or privileges enjoyed by Native Hawaiians;
  • Nothing in the new law is intended to serve as a settlement of any claims or affect the
    rights of Native Hawaiian people under state, federal, or international law;
  • The Hawaiian Homes Commission Act of 1920 shall be amended, subject to approval by Congress, if necessary, to accomplish the purposes set forth in this Act;
  • OHA will provide funding for the Commission;
  • The Commission, in cooperation with OHA, will report to the Governor and the Legislature prior to the Regular Session of 2012 on the status of the preparation of the roll, related expenditures, and concerns or recommendations; and
  • OHA is urged to work with the Commission by utilizing the current Kau Inoa Native Hawaiian registration list, with the approval of the individual registrants, to support the Commission’s purpose of preparing and maintaining a roll of
    qualified Native Hawaiians.  This process will be voluntary.  Hawaiians may opt out of the process if they wish.

More details will be available once the Commission has been established.

I encourage all those who signed up for the Kau Inoa to take this opportunity to participate in shaping a positive future for the Native Hawaiian people.

Unlike past attempts to organize, this effort has the blessing of the State of Hawaii and the full financial and administrative support of OHA.  Let’s all get involved with this important effort now, and let us agree to disagree if we choose and wait to work out our differences in the Constitutional Convention.

Also, a special Mahalo to Senator Akaka who is working diligently to pass the Akaka
bill before he leaves office.

Aloha Ke Akua.

Coming together to support the Akaka Legislation

May 15th, 2011

May 2011 KA WAI OLA COLUMN

Senator Akaka responsible for the landmark Apology Resolution and establishing the “Native Hawaiian or Other Pacific Islander” category in the U.S. Census

`Ano`ai kakou…  I am so very grateful that Senator Daniel Akaka has chosen to chair the Senate Indian Affairs Committee.  The Senator’s announcement of retirement when his term expires in 2012 came as a shock to me.  However, his reason for choosing to lead the Indian Affairs Committee for his final two years in the Senate is obvious.

Senator Akaka’s dedication to all the people of Hawaii has been without question.  As a Native Hawaiian, he knows how important it is for our people to achieve native sovereignty.  This right, under the U.S. Constitution, exists for hundreds of Native American tribes and Alaska Natives.  Hawaiian Natives remain the only group yet to be acknowledged and recognized by the U.S. Native Hawaiians must have the same rights under the law and Constitution that Alaska Natives and Native Americans have.

To insure our sovereign rights, the U.S. must recognize us as the only Native people of Hawaii.  Our culture lives on in our language, history, dance, music, and historical sites.

The 2011 Akaka bill, S.675, can be downloaded through the Library of Congress website at: http://thomas.loc.gov.  The language within the bill is virtually identical to S. 1011 as it was passed out of the Indian Affairs Committee back in December 2009.  A “markup” of S.675 was scheduled for April 7th.

Loretta Tuell Named Chief Council, Indian Affairs Committee

On March 24th the trustees met with Loretta Tuell who was appointed by Senator Akaka to be the next Staff Director/Chief Council for the Indian Affairs Committee.  Ms. Tuell has previously served on the committee as Counsel to former Chairman Senator Daniel Inouye.  She grew up on the Nez Perce reservation and she is a former partner at Anderson Tuell LLP, an American Indian-owned law firm in Washington, D.C.

I have known Loretta for 12 years now and I am confident that her wealth of knowledge and experience in
Indian law and her familiarity with issues facing Native Hawaiians will give us the extra push we need to get the Akaka bill passed this time.

Ms. Tuell comes with impeccable credentials including:

  • Graduate of Washington State University;
  • Law degree from UCLA;
  • Senior Executive Program at Harvard University;
  • Extensive experience with the Department of the Interior, the Office of American Indian
    Trust, and the Bureau of Indian Affairs;
  • An appointee to the Federal Task Force for Native Hawaiians; and
  • The 2009 American Bar Association’s Margaret Brent Award, a prestigious award for
    woman attorneys.

State Recognition Update

By the end of March, both competing State Recognition for Native Hawaiian bills — Senate Bill 1 (Senator Solomon) and SB 1520 (Senator Hee) — were passed out of the House Hawaiian Affairs and Judiciary Committees.  The bills have until an April 8th deadline to be approved by the House Finance Committee.

I urge everyone interested in helping to pass these bills to please send letters of support or e-mails to House Speaker Calvin Say, Finance Committee Chair Rep. Marcus Oshiro and Hawaiian Affairs Committee Chair Rep. Faye Hanohano.

Aloha Ke Akua.

Senator Akaka: Hawaii’s most beloved public servant

April 15th, 2011

April 2011 KA WAI OLA COLUMN

`Ano`ai kakou…  I was saddened that after months of thinking about his political future, Senator Daniel Akaka decided not to run for re-election in 2012 after serving in the U.S. Senate from 1990 to the present and 13 years previously in the U.S. House of Representatives.

Over the years, I have worked closely with Senator Akaka on important issues such as fighting for proper medical care of our Hawaii National Guardsmen while he was the chairman of the Senate Veterans’ Affairs Committee and I look forward to working with him over the next two years on Federal Recognition for Native Hawaiians now that he is the chairman of the Senate Indian Affairs Committee.

Senator Akaka serves as the best example of how a lawmaker can get the job done with kindness and humility without having to resort to any political shenanigans or negativity.  He will certainly be sorely missed in a Congress that is now more and more focused on being combative and polarizing.

Senator Akaka has been our strongest advocate in Congress and in 1993, working with Senator Daniel Inouye, he passed the Apology Resolution, where the United States officially apologized for its part in the 1893 overthrow of the Kingdom of Hawaii.  I believe no one can represent the Hawaiian community as thoughtfully as Senator Akaka has and whoever prevails in 2012
will have some very big shoes to fill.

Senator Akaka deserves a great big MAHALO for his life long service to Hawaii.  There is still much work to be accomplished over the next two years and I look forward to working closely with Senator Akaka to get them done.

LEGISLATIVE UPDATE:

Here is an update on important Native Hawaiian bills that are working their way through the legislature.

State Recognition

Senate Bill 1 (SB1), introduced by Senator Malama Solomon, was passed out of its final Senate Committees and will be crossing over to the House for consideration.  This bill will address a long overdue formal recognition by the State of Hawaii of its indigenous people.

SB1520, introduced by Senator Clayton Hee, also passed out of its final Senate Committee and will be crossing over to the House.  SB 1520 would establish procedures for state recognition of a first nation government similar to what is described in the
Akaka bill, but at the state level.

Past Due Ceded Lands Settlement

SB 984 & HB399, part of the OHA Package of bills, seeks to have the State resolve its long overdue debt to OHA resulting from public land trust revenues unpaid from 11/7/1978 to 7/1/2010.  Both bills failed to make it out of its final committee before the crossover deadline and are now considered “dead” for this session.  However, as anyone who has lobbied the legislature knows, there are ways to resurrect bills from the dead.  The language of either SB984 or HB399 could be inserted into another bill that is still alive, resurrecting it.  So there is still hope of a settlement in this legislative session.  Another alternative is a concurrent resolution which is being considered as I write this column.

Aloha Ke Akua.

LEGISLATIVE LIAISON’S REPORT:

March 15th, 2011

March 2011 KA WAI OLA COLUMN

Native Hawaiians seek clarification on who are the indigenous people of these lands.

`Ano`ai kakou…  I would like to thank OHA’s Beneficiary Advocacy and Empowerment Committee Chair, Trustee John Waihe’e, for appointing me as one of two “Legislative Liaisons” for the 2011 session.  My primary duty is to gather information regarding legislative activities and other matters that may impact OHA and the Hawaiian Community.  I look forward to putting my many years of lobbying experience and strong relationships with legislators to good use.

Two of the most important issues that I am working on are (1) Establishing state recognition for Native Hawaiians; and (2) Resolving the past due ceded land payments from the state.

STATE RECOGNITION

The state legislature has supported the reorganization of a Native Hawaiian governing entity in the 2000 and 2001
sessions by adopting two resolutions.  The state has also recognized the likelihood of a reorganized Native Hawaiian governing entity by providing for the transfer of the island of Kahoolawe and its waters to the sovereign Native Hawaiian entity upon its
recognition by the United States and the State of Hawaii (HRS, § 6K-9).

Senate Bill 1 (SB1), introduced by Senator Malama Solomon, suggests that one way for Hawaiians to succeed is to establish Native Corporations similar to those created for Native Alaskans.  SB1520, introduced by Senator Clayton Hee, establishes procedures for state recognition of a first nation government similar to what is described in the Akaka bill, but at the state level.

OHA supports the intent of these efforts and we have offered our suggested amendments to both Senators for consideration.  I urge all those who support this effort to also submit their comments and suggestions to both Senator Hee and Solomon’s offices.  I also ask that everyone who is able to attend the Senate committee hearings on both bills appear in person to testify or at the very least submit written testimony to share their mana’o.

PAST DUE CEDED LANDS SETTLEMENT

SB 984, part of the OHA Package of bills, seeks to have the State resolve its long overdue debt to OHA resulting from public land trust revenues unpaid from 11/7/1978 to 7/1/2010.

If enacted, SB 984 will establish the debt at $200 million minimally and provide for annual payments of at least $30 million
beginning July 1, 2015 until the debt is paid.  SB 984 would also require the State to pay interest to OHA beginning July 1, 2010.

Instead of cash payments, the state executive branch could also substitute land (having the fair market value of the cash for
which the land is being substituted) for all or any part of the cash payments.  The transfer of land could start as soon as July
1, 2011 with OHA’s approval.

Senator Hee’s 2009 legislation, SB995, would have given OHA the right to choose from the following properties, among several
others:

(1)  Kaka’ako Makai;

(2)  Kahana Valley and Beach Park;

(3)  La Mariana and Pier 60;

(4)  Heeia meadowlands;

(5)  Mauna Kea: Mauna Kea Scientific Reserve;

(6)  Waikiki Yacht Club;

(7)  Ala Wai Boat Harbor Complex; and

(8)  Kalaeloa Makai.

Even a few of these properties could generate all of the revenue OHA needs to operate indefinitely and would give our future
nation the concrete assets it needs to serve the Hawaiian population.

Aloha Ke Akua.

My hope for change at OHA and the legislature

February 15th, 2011

February 2011 KA WAI OLA COLUMN

`Ano`ai kakou…  Happy Year of the Rabbit!  I would like to wish newly-elected OHA Chairperson Colette Machado the best in 2011.  Colette has a strong community and grass-roots background and I am hopeful that she will take the Board of Trustees in this direction.

In this New Year, I continue to hope that there will be changes at OHA to make things better here for everyone.

GET MORE TRUSTEES INVOLVED

I believe that being a trustee is not about simply showing up at a few monthly meetings.  OHA cannot afford to maintain a
system which encourages passive trustees, as we have experienced in the past.

Currently, there are only two subject-matter committees under the Board of Trustees: (1) Trustee Oswald Stender oversees all of OHA’s fiscal, policy, economic development, and administrative matters, and (2) Trustee John Waihe’e IV, for the first time in 9 years, has responsibility over all federal and state legislation, on-going programs in health, housing, education, land, and the
Native Hawaiian Revolving Loan Fund.

The problem is that each committee is too broad in scope and can easily become overwhelmed.  I’m hopeful that Trustees Stender and Waihe’e will form “Ad Hoc” sub-committees to allow other Trustees to concentrate on more specific issues such as land, policy & planning, program management, legislative & government affairs, and budget & finance.  Creating sub-committees will get more Trustees actively involved and ensure less things “fall through the cracks.”

BRING BACK OHA-RUN PROGRAMS

Today, OHA mostly operates like a charitable foundation that hands out grants.  Most of the successful OHA-run programs, like
Aha ‘Opio and Aha Kupuna, which took years of hard work by past trustees to develop, have been contracted out or quietly discontinued.  While farming work out to nonprofits is appropriate in some cases, I believe OHA has gone too far.

I believe that OHA should do much more for our beneficiaries in terms of programs and services.  Grants are ineffective in solving long-term problems since grant monies eventually run out.  Even successful services end up getting cut if they can’t raise any money.  That’s why we need on-going OHA programs that are closely monitored by the trustees.

EMBRACE TRANSPARENCY

Despite many requests, OHA meetings are not televised like the City Council or the State Legislature.  Cost has always been an issue, but with today’s technology, it shouldn’t cost that much – Olelo and YouTube are free!  Broadcasting our meetings would make Trustees more accessible and keep us honest.

NEW LEGISLATURE

Congratulations to newly–appointed Big Island State Senator Malama Solomon, who previously served as an OHA Trustee and State Senator.  Now, with Senator Clayton Hee, OHA has two former trustees it can count on in the Senate.

We will certainly need their help to finally resolve the claims relating to OHA’s portion of income from the public land trust between 11/7/1978 and 7/1/2009.  In the 2009, Senator Hee introduced Senate Bill 995, which offered OHA $251 million in cash and 20 percent of the 1.8 million acres of ceded lands.  The proposal died in the House and went nowhere in 2010.

Even a few of these properties could generate all of the revenue OHA needs to operate and would give our future nation the assets it needs to serve our beneficiaries.  Let us hope that we can successfully lobby the State House to have a change of heart.

Aloha Ke Akua.

Don’t rule out the Akaka Bill passing next year

January 15th, 2011

January 2011 Ka Wai Ola Column

`Ano`ai kakou…  On Nov 15, 2010, Senator Daniel Akaka introduced a compromise version of Native Hawaiian Government Reorganization Act of 2010 (S.3945).

While there has been much talk in the media that the Akaka Bill has little chance of passing in the next two years, I
wouldn’t rule it out for the following reasons:

  • Hawaii-born President Barack Obama is still in the White House and remains a strong supporter of the bill.
  • Senator Daniel Inouye, the most senior member of the U.S. Senate, remains the chairman of the powerful
    Senate Committee on Appropriations.  After 51 years in Washington, I’m certain Senator Inouye can find a
    way to twist the arms of the Republican Senators who are holding up the bill.
  • Governor Neil Abercrombie can lobby the Senate with the help of his close friend, Republican House Speaker
    John Boehner. (Star-Advertiser, Nov 21, 2010)

Yes, it won’t be easy, but there is certainly still reason to hope.

POLITICAL STATUS ONLY

It is disappointing that critics of the bill continue to call it “race-based.”  Jere Krischel of the Grassroot Institute of Hawaii, which opposes the Akaka bill, even said that it would “racially segregate families and communities into groups with different rights based on whether or not they have Hawaiian blood.” (AP, 11-9-10)  This is so ridiculous that anyone with half a brain knows this is crazy.  The Grassroot Institute, with a hand-full of members from the lower 48 states, has no real roots in Hawaii.  They know darn well the bill doesn’t do any of the things they claim it does.  Their propaganda is based on lies and it’s
time for all of us to call them out.

We must investigate who really makes up their membership and what is their real agenda.  Who is Jere Krischel and where does he come from?  How long has he lived in Hawaii.   Why do he and his contacts hate Native peoples and what are they afraid of?

Ever since Americans landed here on our shores, they have tried to control our people and our lands.  Krischel needs to be reminded over and over – Hawaiians aren’t immigrants, nor are we foreigners looking for handouts.  Krischel and his ilk are the foreigners and they are the racists!  They need to go back to where they came from and take with them their racist attitude.  We don’t need them to spoil our Hawaii.  Hawaiians for centuries have always been generous and kind to our malahini and visitors.
We certainly don’t want outsiders giving us a bad wrap!

Establishing a political relationship between Native Hawaiians and the federal government will hopefully silence these
racists and put a stop to their continuing legal challenges to Hawaiian programs.  It will also prevent 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.

The Akaka Bill is only meant to begin the reconciliation process between the federal government and the over 400,000
Native Hawaiians living in the U.S.  Passing the Akaka Bill is simply the right thing to do.  It doesn’t have anything to do with being a Democrat or a Republican and should not be such a politically divisive issue.

I look forward to working with the Obama Administration, our Congressional Delegation, and Governor Abercrombie as
we take our next crucial steps toward Native Hawaiian sovereignty.

Mele Kalikimaka me ka Hau’oli Makahiki Hou!

Mahalo nui to all (December 2010)

December 15th, 2010

`Ano`ai kakou… Let me begin by expressing my warmest Mahalo to all those who supported me in the General Election. Your kokua has allowed me to return to OHA to serve you for another four-year term. A very special Mahalo nui to Ke Akua for his divine guidance and love that he has bestowed upon me and my family.

 

Now that the election is over, the time has come for all us to come together in spirit and give the Akaka bill the final push it needs to become law. The bill will provide powerful protection from the constant threat of lawsuits to all of our Hawaiian trust assets. This is the reason why I have always supported the bill. What we face today as Hawaiians is no different than what occurred over the past 100 years. We are still fighting off assaults on our culture, the deterioration of our rights to our lands, and attacks from racist organizations.

 

Let us begin to work together for the cause of recognition. Let us begin to agree on the things that we can agree to and set aside the things we differ on and move forward together for the future generations of Hawaiians yet to come.

 

This was an unusually difficult race with so many people running for the three at-large seats. As I traveled around the state, I listened to many questions that people had about Nationhood that I could only conclude that OHA was not doing enough to educate the people in our home state about sovereignty. What would sovereignty mean to Hawaiians and, just as importantly, how or will it affect the non-Hawaiians. This situation has got to change. Trustees are going to have to speak up and make this happen.

What is also needed is your participation. You must challenge EACH TRUSTEE to be accountable to you. It is unfortunate that you cannot assume that trustees will do this on their own. Like any governing entity, from time to time, especially when one faction has been in power for too long like it has been at OHA, “the people” need to become actively involved. Otherwise, complacency occurs and the abuse of power is inevitable.

As we close out the year of 2010, I would like to wish each of you a very safe and happy holiday season, and may the Lord in his grace bless each of you and your families and take you safely into 2011. Have a Merry Christmas and a very Happy New Year. Aloha Ke Akua.

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

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.