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Non-Hawaiian
to file as candidate
for OHA board

A preliminary injunction
removes the Hawaiians-only
restriction on candidacy

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By Pat Omandam
Star-Bulletin

For the first two years after Kenneth Conklin moved to Hawaii in 1992, he did nothing but study Hawaiian history, culture and language, as well as contemplate the native sovereignty issue.

Today, the retired Boston public school math teacher knows enough of the Hawaiian language to understand most of what he hears and can speak well enough to usually get his point across.

But as for sovereignty, he finds himself at great odds with those who believe only Hawaiian candidates should run for the Office of Hawaiian Affairs board of trustees.

Conklin, 57, is among 13 plaintiffs who have filed a federal lawsuit to seek a court order that forces the state to allow non-Hawaiians to run for OHA. The group points to last February's U.S. Supreme Court ruling in the Rice vs. Cayetano case that opened OHA elections to non-Hawaiian voters.

U.S. District Judge Helen Gillmor granted a preliminary injunction yesterday in their favor until she makes a final decision on Sept. 8.

It would be the first time in OHA's 20-year history that non-Hawaiians could be candidates for the board.

Conklin plans to file his papers to become a candidate within the next two weeks.

"I think I'd be a very good trustee," said Conklin, who has a doctorate in philosophy.

"I never thought of it before until (Harold) "Freddy" Rice won his case to get rid of the racial segregation in voting.

Then it occurred to me maybe I have a chance to run for trustee," he said.

In granting the temporary order, Gillmor gave plaintiffs' attorney H. William Burgess until Aug. 30 to file a written request for summary judgement in the case.

The state has already filed a motion to dismiss the case.

Gillmor will take up both motions at the Sept. 8 hearing.

The judge told both parties that not granting the injunction while she considered the case would have a more negative effect on potential non-Hawaiian OHA candidates who await her ruling.

That's because the Elections Office deadline to file as an OHA candidate is Sept. 8.

Gillmor said it would be easier to remove non-Hawaiians from the final list of OHA candidates rather than to add them later if she ruled in favor of the plaintiffs.

And she is aware that the Elections Office must get its final list of OHA candidates done by Sept. 20 to print mail-in ballots for the OHA elections in November.

"There really aren't any surprises here folks," the judge said.

State Deputy Attorney General Girard Lau said he's not particularly surprised by the injunction and remains "cautiously optimistic" that Gillmor will agree the state has a trust obligation to Hawaiians. As indigenous peoples of these islands, Hawaiians have a right to self-governance through an OHA board comprised of Hawaiians, he said.

"We're still looking forward to her ultimate ruling on the merits because we think that when she looks at the law and the merits of this case, she'll realize that the Hawaiian people are really asking for nothing more than to be treated in the same fashion as other native peoples from around the country," Lau said.

"And with that understanding, I think that it should be clear what the trustee restriction does in this case is simply restore some measure of self-government to the Hawaiian people, just as the U.S. Supreme Court has upheld similar provisions for native Americans," he said.

A majority of the OHA board last week filed a motion to intervene in the case. Gillmor will consider the board's request at a separate Sept. 8 hearing.

The OHA board was expected to discuss the case at a board meeting today.

Yesterday, OHA trustees Clayton Hee, Rowena Akana and Louis Hao watched the proceedings and afterward said Hawaiians need to fend off this latest attack on native entitlements.

Akana, who said Burgess has skewed examples of Hawaiian history in his legal arguments, noted that while some may challenge native rights, many others support them.

"We will not be silent while these people degrade Hawaiian integrity by spreading falsehoods, misstatements and lies," Akana said.

Hee, however, said Gillmor's ruling could be consistent with the Rice decision, leading to a day when any Hawaii resident can vote and run for the OHA board.

"Meaning that, logically and reasonably, one could expect that the court might conclude that if everyone can vote, everyone can run," Hee said.

"I happen to not like that, personally as a Hawaiian. But what I like and dislike is insignificant in the eyes of the court."

Hee, OHA chairman, said now more than any other time in their history, Hawaiians need to pull together and see how this erosion of rights is occurring through the court system.

Hee believes justice for Hawaiians will not be found in the court of law, but in the political arena, namely the U.S. Congress.

Congress this session is considering a bill that addresses the political status of native Hawaiians.

Meanwhile, Conklin understands he may be taking an unpopular stance with some Hawaiians but believes there are many others who back his efforts.

"I think that most kanaka maoli today do not favor independence from the United States and they do not favor carving up the State of Hawaii along racial lines," Conklin said.

"They are just like the rest of us, and they enjoy being part of our wonderful rainbow that we have here."

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Office of Hawaiian Affairs