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Office of Hawaiian Affairs interim Chairman Clayton Hee says he believes the Supreme Court will quickly dispose of the lawsuit that held up yesterday's swearing-in ceremony for newly elected trustees. Hee optimistic
OHA lawsuit will be
resolved quicklyKaui Amsterdam's complaint
challenges the election's outcomeBy Crystal Kua
Star-BulletinGiven what the nation's highest court said in the Rice decision, Hee said, "It's a slam dunk."
An unsuccessful OHA candidate is contesting the election, contending the Hawaiian community's call for change didn't materialize in results of the election.
Kaui Jochanan Amsterdam claims that non-native Hawaiian voters influenced the outcome of the OHA election in a way that was inconsistent with the views expressed by Hawaiians he spoke to during his campaign.
"If that is not expressing the will of the kanaka maoli (native Hawaiian), then it undermines OHA's mandate," said Amsterdam, who ran for an at-large slot.
Amsterdam filed a complaint Monday challenging the outcome of the OHA election. The move put on hold a ceremony scheduled yesterday during which the nine newly elected OHA trustees were to be sworn in.
Amsterdam is asking the Hawaii Supreme Court to recount the OHA vote to see how Hawaiians and non-Hawaiians voted.
He is also asking that results of the Nov. 7 election be declared invalid.
His complaint comes months after the U.S. Supreme Court declared that non-Hawaiians could vote in the OHA elections after Big Island rancher Harold "Freddy" Rice challenged the Hawaiians-only voting requirement.
The nine elected earlier this month were Hee, Rowena Akana, Haunani Apoliona, Oswald Stender, Colette Machado, Linda Dela Cruz, John Waihee IV, Donald Cataluna and Charles Ota, the only non-Hawaiian.
The elected trustees can't take their oaths of office until the state Supreme Court rules on Amsterdam's challenge.
Meanwhile, current interim trustees appointed by Gov. Ben Cayetano following the Rice decision will continue to serve on the board until the elected trustees are certified as winners and are sworn in, said Hee.
Hee said no meetings are scheduled in December, but a meeting could be called to decide a matter.
The only situation in which Hee could foresee convening such a meeting would be for the trustees to consult with lawyers on a pending lawsuit challenging Hawaiians-only entitlement programs, such as the Hawaiian homestead program.
OHA Special
Rice vs. Cayetano arguments
Rice vs. Cayetano decision
Holo I Mua: Sovereignty Roundtable
