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OHA bills will
await Rice decision

The U.S. Supreme Court ruling
is expected in March

By Pat Omandam
Star-Bulletin

For Colleen Hanabusa, chairwoman of the Senate Hawaiian Affairs committee, anything dealing with the Office of Hawaiian Affairs this session will likely have to wait until there is a decision in the Rice vs. Cayetano case.

The U.S. Supreme Court is expected to issue a ruling in March on an appeal by rancher Harold "Freddy" Rice on whether the state can legally limit OHA elections only to those of Hawaiian ancestry.

"I think anything major that affects OHA, I think the prudent thing would probably be to wait until Rice vs. Cayetano is determined," said Hanabusa (D, Waianae).

The Supreme Court opinion may have far-reaching consequences for OHA and Hawaiians.

Until then, Hanabusa said yesterday that she probably will hold all bills in her committee dealing with the semi- autonomous agency.

Some of those bills call for drastic changes to the duties of OHA trustees, as well as how trustees are elected. One measure, Senate Bill 2384, requires the now part-time trustees to work full time, and it would bar them from holding any other government job or any private job that may lead into a conflict of interest.

The measure also eliminates the $32,000 salary for trustees in favor of recommendations by the OHA Salary Commission.

Board opposes eliminating salaries

As expected, the OHA board opposes the measure. Trustee Colette Machado, chairwoman of the Legislative and Government Affairs Committee, called the bill discriminatory and unfairly punitive of current trustees since it does not apply to other elected officials.

Machado said trustees can't agree to eliminating their pay unless there are clear guidelines and recommendations for an equitable salary similar to what other elected officials and boards receive. Doing so would also create financial hardship for trustees, she said.

More daunting, however, is a bill that allows the recall of trustees by beneficiaries. Some Hawaiian activists say this type of measure is needed to ensure trustee accountability.

"There is a need for beneficiaries to control OHA, which unfortunately, has not followed state laws or its own policies and procedures," said Lela M. Hubbard, who has had trouble getting information on the OHA budget, programs and policies.

Clara L. Kakalia of the Kukahi Coalition favors a recall because she said trustees may hastily do things they regret later.

Another OHA measure expected to remain in Hanabusa's committee for now requires an OHA primary and general election. State elections officer Dwayne D. Yoshina said holding a OHA primary election would cost an additional $56,550, based on the current number of registered OHA voters.

Yoshina said that an extra $75,000 to $100,000 would be needed to educate voters about the new election, which his office doesn't have.

Feb. 18 is the internal legislative deadline for when bills must be forwarded to their final committees. These measures, however, could resurface in other Senate bills later in the session that have titles relating to Hawaiian affairs.

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Office of Hawaiian Affairs