Senator disagrees with
OHA’s Con Con stance

By Pat Omandam
Star-Bulletin

The Office of Hawaiian Affairs is not acting in the best interest of all Hawaiians by advocating for a "no" vote on the question of whether the state should convene a Constitutional Convention, says state Senate Minority Leader Whitney Anderson.

Anderson (R, Kailua-Waimanalo), who is Hawaiian, believes Hawaiians haven't reached a consensus on the Con Con and OHA shouldn't do it for them.

He believes state law makes it illegal for OHA to use its money for campaign purposes and has asked the state Ethics Commission for an opinion. OHA last week reported it has spent more than $157,000 so far in advertisement, research and polling to get Hawaii residents to vote against a Con Con.

"I believe that the expenditure of tens of thousands of dollars on a media effort involving print, radio and television by any agency of the state government violates both the intent and the letter of the law whether such expenditure relates to a candidate or to an issue," Anderson said in his letter dated yesterday to Ethics Commission Executive Director Daniel J. Mollway.

Anderson, who favors a Con Con, later said he is also concerned OHA's message on the Constitutional Convention is being confused with the ballot question on same-sex marriage.

And he said OHA is irresponsible because it is using a $15 million estimate for a Con Con in its "Vote No on Con Con" ads when the 1978 convention cost only $2 million.

"The figures are way off track," he said.

But OHA spokesman Ryan Mielke yesterday said only trust earmarked for Hawaiians were used for the campaign and not tax dollars.

Mielke said OHA's mandate is to advocate for the betterment of Hawaiians and the agency's position on the Con Con is "clearly toward those ends."

"Hypothetically, if you move forward two years and there's a Con Con and native Hawaii rights and entitlements are taken away, one of the questions that will be asked is, 'What did OHA do to prevent a Con Con from doing this?'" Mielke said.

"And I'm certain if OHA can do everything in its power right now to keep a Con Con from occurring that those questions will never be asked because a Con Con will not occur," he said.

Mollway yesterday said that his office hasn't received Anderson's letter of complaint, but he said that the senator would have to sign a formal sworn complaint before the commission can investigate.

An opinion could take up to a few months to investigate, depending on the complexity of the case, he said.