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Tuesday, December 12, 2000



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OHA election
lawsuit dismissed

OHA board could be working
as early as Monday


By Pat Omandam
Star-Bulletin

The Office of Hawaiian Affairs board could get to work as early as Monday following the Hawaii Supreme Court's dismissal of a challenge to the OHA election.

In a two-page order issued yesterday, the high court granted the state's request to dismiss a complaint filed by unsuccessful OHA candidate Kaui Jochanan Amsterdam.

He filed his complaint on Nov. 27, a day before the new board was to be sworn in.

The Hawaii justices, using last February's Rice vs. Cayetano decision by the U.S. Supreme Court, concluded Amsterdam's complaint did not state an election contest claim under Hawaii law. Moreover, they said, a resolution to it would not have created a difference in the election results.

Amsterdam claimed the results of the OHA election did not reflect the will of the Hawaiian people because it included the votes of non-native Hawaiians. He wanted a recount of only the votes by Hawaiians.

Trustee-elect John Waihee IV said he's relieved at the dismissal, which now allows the state elections officer to certify the OHA elections and for the nine trustees to take the oath of office.

"We're ready to be sworn in today," Waihee said. "It would be good to start working."

Elections office spokesman Rex Quidilla said the office has confirmed the dismissal and will certify the OHA election once it verifies all trustees have filed their final campaign disclosure reports at the state Campaign Spending Commission. The deadline to file was Thursday.

"The cloud of the challenge has been removed by the Supreme Court," said trustee-elect Haunani Apoliona.

"We would expect that the elections officer would certify the elections immediately, which then will clear the way for us to be sworn in," she said.

All that's needed now is for OHA administrator Randy Ogata to file a board reorganization meeting notice six days before it is held. Apoliona said the board could organize as early as Monday if the meeting agenda was filed today.

Interim board chairman Clayton Hee said he's grateful the high court ruled quickly but was not worried because he felt Amsterdam did not have a case.

"It was really more a matter of the court proceeding, working themselves through by their own rules and procedures," Hee said.

The new board consists of Waihee, Apoliona, Hee, Akana, Linda Dela Cruz, Colette Machado, Oswald Stender, Charles Ota and Donald Cataluna.

Trustees are paid $32,000 a year, with the board chairperson earning an additional $5,000.



Office of Hawaiian Affairs
State Office of Elections



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