Tag: OHA Audit

WAITING OVER A YEAR: Where is OHA’s Internal Audit?

`Ano`ai kakou…  Way, way back on February 8, 2017 – before the recent State Audit was completed – the Board of Trustees approved Action Item RM 17-02, which authorized a Request for Statement of Qualification from an independent CPA firm, for the purpose of conducting an audit of OHA and its subsidiary Limited Liability Companies (LLCs): Hi’ilei Aloha LLC, Ho’okele Pono LLC and Hi’ipaka LLC.

RM 17-02 authorized an independent auditor to look at the following:

  • Contracts:
    1. Sufficiency of contract/grant oversight provided appropriately by the assigned contract manager/monitor;
    2. Deliverables were met by the contractor/grant recipient;
    3. Conflict of interest with LLC managers and directors; and
    4. No fraudulent or wasteful disbursements were made.
  • All other disbursements of funds, excluding payroll:
    1. Conflict of interest with LLC managers and directors;
    2. Compliance with internal policies and procedures; and
    3. No fraudulent or wasteful disbursements were made.
  • Quarterly reports to the BOT:
    1. Sufficient internal controls are in place to ensure the integrity of the performance indicators as reported in the quarterly reports to the BOT.

On December 18, 2017, the independent auditor requested the check registers from Hi’ilei Aloha LLC, Ho’okele Pono LLC and Hi’ipaka LLC in order to finalize the audit.  It’s three months later and, at the writing of this column, we’ve still received nothing.

As a result of the stalling, on February 7, 2018, the Resource Management Chair, Trustee Hulu Lindsey, was forced to ask the Board to approved Action Item RM# 18-02 to compel the LLC Managers (OHA’s CEO, COO, & CFO) to submit any necessary LLC documents to her so she can transmit them to the independent auditor.

However, the LLC Managers and OHA’s Administration have objected to submitting their “proprietary” information to the Resource Management Chair.  Instead, they want to submit the documents directly to the independent auditor.  However, as contract administrator for the audit, the Resource Management Chair acts as the point of contact and is responsible for oversight of the audit.  Therefore, there shouldn’t be a problem with routing documents through her office for transmittal to the independent auditor.  The Resource Management Chair and her staff are willing to sign nondisclosure agreements to address this concern.

The LLC Managers and the Administration have also expressed doubts about legal issues related to the Board’s authority to request information from the LLCs.  In response, Trustee Hulu Lindsey consulted the State Attorney General’s office and received a letter stating that OHA (the Member) has rights to the information requested, pursuant to the Operating Agreements between OHA and each LLC, and pursuant to HRS Chapter 428, the Uniform Limited Liability Company Act.  The right of access includes the opportunity to inspect and copy records during business hours.

As the highest authority at OHA, the Board of Trustees should not have to tolerate all of the excuses and stalling tactics by the LLC managers and OHA’s Administration.  The OHA Chair needs to show some courage and demand that the information we need to carry out our audit is delivered to us immediately.  After all, this is one of the areas that the State Auditor said needed to be looked at.  This obvious stall is an indication of mismanagement.  Aloha Ke Akua.

OHA turmoil: Trustee Akana says staffers told of flagrant disregard for policies

NOTE: This op-ed was originally printed in the Honolulu Star Advertiser on February 25, 2018

LINK:  http://www.staradvertiser.com/?p=722471?HSA=44dec0285d36f9e93efa1bd7b3c84c45c183bddf

In January 2017, as then-chairwoman of the Office of Hawaiian Affairs’ board of trustees, I and four other trustees offered OHA CEO Kamana‘opono Crabbe a buyout of his contract so that we could have a fresh start with a new CEO and correct many of the issues that have now been revealed by the state auditor.

However, three trustees fought us hard: Colette Machado, Bob Lindsey and Dan Ahuna went above and beyond to protect the CEO. They all refused to deal with the problems plaguing OHA and lacked the political will to make the necessary changes.

Over the past few years, OHA has had a problem with a mass exodus of administrative staff. Whole divisions were gutted and we lost our most capable and experienced staff.

Several of these employees confided in trustees they trusted and shared their horror stories of unqualified managers, friends of the CEO, who flagrantly disregarded policies and procedures. When they brought up their concerns, they were threatened, bullied and reprimanded. Most of them left for greener pastures.

There were always at least a few grant applicants who complained to trustees about the application process during every grant-giving cycle. They sent us emails and personally testified at the board table about the unfairness of the whole process. Many of them said their grants were denied based on technicalities. And yet, at the same time, many of the organizations that received grants were not properly evaluated on their deliverables. Many of the institutions that did receive grants had some sort of personal connection to the CEO. Beneficiaries constantly urged the trustees to do something, but the trustees in power believed the CEO was doing a good job and ignored the complaints.

In February 2017, I was removed as the board chairwoman because, I believe, of the sweeping changes I intended to make within the organization. The efforts to reform OHA came to a halt and things went back to the status quo when Machado was chosen as my replacement, and the CEO was back in business.

At the time of my ouster, I warned OHA’s new leadership that one cannot hide the truth, that it was only a matter of time before the public found out about what was really going on here. I believe the recent state auditor’s report says it all.

A year has passed since the new faction took over and, as predicted, nothing has changed.

Further, legislative measures such as Senate Bill 1303, which calls for amendments to the OHA election process, are dangerous because many of the reform-minded trustees calling for fiscal responsibility, such as Trustees Hulu Lindsey, John Waihee IV and myself are up for re-election this year. SB1303 specifically targets our races. Those who want to maintain the status quo are hoping that the new voting format will help them knock us out of office. Proponents of the bill say they want a head-to-head race with the three at-large candidates, but this already happens in the primary election. Six candidates will move on to the general election for three seats.

Transition: Change doesn’t have to be painful

‘Ano‘ai kakou.  As you may have heard through the media, this has been a turbulent few months for OHA.  It is heartbreaking that OHA cannot be focused on what our beneficiaries are demanding – assistance with housing, education, and health.

Change is never easy, but I want to state for the record that all of the initiatives I fought for in the past two months were for one purpose only:  To protect the Native Hawaiian Trust Fund, now and into the future, for our beneficiaries.  If my first initiatives were passed by the Board, our beneficiaries would have seen immediate change for the better.  We were so close.

By a majority vote of the Board we wanted to negotiate a buyout of the CEO/Administrator/Ka Pouhana’s contract.  We felt that OHA could do so much more for our beneficiaries if we could change the course of where the Administration was headed.  A buyout would have been the least painful way to bring about that change.  The CEO would receive a negotiated sum of money and his reputation would be intact since we wouldn’t have to air any “dirty laundry” in the public.  But as everyone who read the newspaper or watched the evening news lately knows, it didn’t work out that way.

On a positive note, Trustee Keli‘i Akina’s proposal to conduct a more comprehensive audit of OHA, which will look into things that the three mandated OHA audits don’t cover, looks like it will become a reality.  On February 8th, the Resource Management Committee formed an Advisory Committee to make recommendations to the Board on the scope of a proposed financial audit and management review.  Our beneficiaries should be proud because this is only coming about because you demanded it.  I look forward to the audit and finally answer the one question I’ve been asking nonstop for the last decade:  Where is all the money really going?

On February 9th, the Board elected Colette Machado as the new Chair of the Board of Trustees.  While she has been part of a faction that has no love for my demands for fiscal accountability, I know that she will do her best to be fair.  I will definitely to my part to help her move OHA in the right direction again so that the Board can make a real impact in the lives of our beneficiaries.

However, I was disappointed to see that Trustee Machado was able to let former Trustee Haunani Apoliona use her column space in the February Ka Wai Ola as her soapbox to attack me, while my original February article was banned by the CEO because he felt it was too critical of the Administration and the Trustees that support him.  I’ll let you, the readers, be the judge of whether that is favoritism or not.

Trustee Hulu Lindsey remains Chair of the Resource Management Committee, so we can expect the new leadership structure to honor our beneficiaries’ call more transparency at OHA.

OHA must be an agency that treats our beneficiaries equally and it’s now up to the new leadership to make sure there is an even playing field at OHA.  Most of the OHA Staff just want to do their jobs and I ask that the general public withhold their judgment during this time of change.  Rome wasn’t built in a day and we cannot change OHA in a few months.

Mahalo nui loa and God bless you all.