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OHA trustees
may fight decision
on interim board
Cayetano has said he intends to
appoint eight new trustees to the
Office of Hawaiian AffairsReappointing trustees would
By Pat Omandam
be a 'mockery,' Cayetano says
Lawyer: Win will mean more lawsuits
Star-BulletinThe Office of Hawaiian Affairs board of trustees held an emergency meeting this morning to discuss their options in the face of the very real possibility that all but one of them will soon lose their jobs.
After the U. S. Supreme Court invalidated the Hawaiians-only election for OHA trustees in the Rice vs. Cayetano decision yesterday, Gov. Ben Cayetano said eight of the nine current trustees would have to step down and he will appoint interim trustees to replace them within the next few weeks.
The OHA board meeting began today with trustee Haunani Apoliona saying a prayer to give trustees strength to face the problems ahead of them.
OHA Chairman Clayton Hee said the board was meeting with former state Supreme Court Justice Robert Klein to talk about the decision.
Hee said the closed-door meeting would focus on the office, its trust assets and the beneficiaries. He added that its premature to decide that interim trustees are needed.
During a part of the meeting reserved for public comment, Stephanie Lindsey told the board that the Rice decision has many blessings. Lindsey said for six years she has asked OHA to fund their own elections and not be funded by the state.
"I personally think the board members are getting what they deserve because you did not listen to the people."
Lindsey urged the trustees to give up their U.S. citizenship so they can be a sovereign organization.
Yesterday, trustees said they are looking at options to fight their removal.
"Well, I presume there are legal questions that could be raised," said Hee. "I think that's one of the issues we'd probably discuss (today)."
Trustee Rowena Akana said: "Oh, there's going to be plenty of kukai hitting the fan."
Girard Lau, the deputy attorney general who handled the Rice vs. Cayetano case said, "It's our position that once the court has declared that these trustees were elected by this unconstitutional elections process, that there is effectively a vacancy in their positions.
"These existing trustees would still be able to act as defacto trustees until they are replaced. But we think there still is a technical vacancy so that the governor can then make his appointments" under the law, Lau said.
The ninth trustee, Don Cataluna, is already an interim trustee who was appointed by Cayetano about a month ago.
The U.S. Supreme Court ruled 7-2 yesterday against the Hawaiians-only restriction in OHA elections, saying it is against the Constitution to limit voting based on race. Harold "Freddy" Rice of Waimea, Hawaii, filed the lawsuit after he was denied an OHA ballot.
Hee said yesterday Cayetano has every right as governor to replace the trustees -- but he may not be correct in doing so.
"I guess one could conclude in the ruling that because everyone can vote, one could draw the conclusion therefore the trustees were unlawfully elected.
"I guess one could make that conclusion, although the court certainly didn't say that," Hee said.
Akana said she is not surprised the governor wants to appoint interim trustees because she believes Hawaii's Democratic Party, especially Cayetano and U.S. Sen. Daniel K. Inouye, are trying to control board policy and direction, as well as what form of sovereignty Hawaiians should seek.
Haunani-Kay Trask, University of Hawaii professor of Hawaiian studies, said: "It boggles the mind. It's the opposite of self-determination."
Along with OHA, the state Legislature and Hawaii's congressional delegation are also moving to comply with the ruling.
Senate Hawaiian Affairs Chairwoman Colleen Hanabusa (D, Waianae) said her panel begins a series of statewide public hearings on Saturday at 9:30 a.m. at King Kaumualii School on Kauai to gather feedback on the issue. The goal is to have draft legislation ready by March 3. Hanabusa said she would like to see Cayetano reappoint the current trustees because they were elected in good faith by Hawaiians.
"I think the most important thing right now is to inform the public and provide them with potential alternatives so that the public doesn't fee like, "Hey, what's going on?'" she said.
The House Judiciary Committee is drafting a constitutional amendment that calls for either an elected or appointed OHA board. The committee will then meet 10 a.m. Saturday at the state Capitol auditorium to discuss the bill, said House Speaker Calvin Say.
"Let's give the Hawaiian community an opportunity to look at what proposal we are trying to develop," said Say, who favors an appointed board chosen by the governor with input from the Hawaiian community.
And in Washington, D.C., Hawaii's delegation has begun talks with the Clinton administration to identify alternatives to the OHA elections, as well as ensure federal discussion about Hawaiian sovereignty and reconciliation continue.
Inouye said the case is likely to be sent back to the U.S. District Court in Hawaii for further proceedings.
Reappointing trustees
By Helen Altonn
would be ‘mockery,’
Cayetano says
Star-BulletinGov. Ben Cayetano said today that if he were to reappoint the current trustees at the Office of Hawaiian Affairs, it would "make a mockery of the spirit" of a United States Supreme Court ruling that OHA elections must be open to all voters.
In a telephone interview from San Jose, Calif., Cayetano said he is empowered by law to fill board vacancies, and he intends to replace eight trustees, "including my good friend Clayton Hee" (OHA chairman).
The only trustee who will remain will be Don Cataluna of Kauai, appointed by Cayetano when the board couldn't agree on a replacement for one member.
Cayetano said he can understand the angry reaction of some trustees. "It's not easy to be told you're holding an office unlawfully because your election is in violation of the Constitution.
"But the fact of the matter is the highest court of the land has ruled the election unlawful, unconstitutional, which means these folks shouldn't hold office."
Responding to charges that he will try to control OHA and seize its assets, Cayetano said, "People should wait to see the kind of people appointed and see if they're going to be hacks of mine."
He noted that trustees, appointed or elected, "have a fiduciary duty to do everything they can to protect the interest of the beneficiaries."
One of the thorniest issues between the state and OHA is the question of payments owed to the agency for ceded lands.
"People should know OHA broke off negotiations," Cayetano said.
U.S. Public Law 103-150
Office of Hawaiian Affairs
