Clayton Hee named The Office of Hawaiian Affairs chose its sixth chairman in as many years this morning when it named veteran trustee Clayton Hee to the board leadership post.
OHA chairman
Trustee John Waihee
OHA seeks lawsuit's dismissal
was the swing voteBy Pat Omandam
pomandam@starbulletinHee, who last served as chairman of an interim OHA board appointed by Gov. Ben Cayetano last fall, replaced Haunani Apoliona, who was named chairwoman in December.
Trustee Rowena Akana was named vice chairwoman. Both Hee and Akana are the board's senior trustees, each with 10 years of service.
Hee said he will work with the governor and state Legislature to resolve a Hawaii Supreme Court ruling earlier this month that invalidated a state law that set up how OHA was to be paid its share of revenue from ceded lands.
Trustee John Waihee, who had previously backed Apoliona, was the swing vote in the new 5-4 majority. He said during this time of crisis for OHA that Hee was a better "war leader" than Apoliona.
"It wasn't a knock against the current chair," Waihee said. "There are great war time leaders and great peace time leaders. I think Clayton is a better war time leader."
The next board meeting is set for Monday, where board committee assignments will be approved.
The Office of Hawaiian Affairs has asked U.S. Chief Judge David Alan Ezra to dismiss a lawsuit filed against it last year by former U.S. Senate candidate John Carroll because he has no standing to file it. OHA pushes for
dismissal of lawsuitJohn Carroll says that using
OHA money to help only
Hawaiians is discriminatoryBy Pat Omandam
pomandam@starbulletin.comCarroll wants to stop OHA trustees from using OHA money for racially discriminatory purposes.
In separate motions filed last week, both parties have asked Ezra to rule on the case before it goes to trial. A hearing on the motions will likely be held in the upcoming months.
While running as a Republican candidate for the U.S. Senate last October, Carroll sued OHA in federal court seeking to stop state revenue payments to OHA. The former head of the Hawaii Republican Party also claimed OHA denied him access to programs because he was not Hawaiian.
But much like the recently dismissed Patrick Barrett case, OHA board attorney Sherry Broder argues Carroll does not have standing to file his lawsuit because he has taken no steps to identify OHA programs he wanted to participate in, has not filed any applications for any OHA benefits and has not suffered any injury because of it.
"He is thus in no sense 'able and ready' to take advantage of such a program or any benefits that might be available," said Broder, who added Carroll's impetus for filing this lawsuit was to try to influence Congress with regard to the native Hawaiian recognition bill.
Barrett claimed OHA and the Hawaiian Homes Commission discriminated against him because he is not Hawaiian. He also wanted access to native gathering rights afforded to Hawaiian cultural and religious practitioners.
His lawsuit stems from the U.S. Supreme Court ruling last year in Rice vs. Cayetano that said OHA's Hawaiians-only restriction to vote in its election was unconstitutional.
As a result, attorney Richard Lee, who represents Carroll, has asked Ezra to enforce the Rice decision and hold that such practice discriminates against other ethnic groups in Hawaii, in violation of the U.S. Constitution.
Also, Lee noted, the kingdom of Hawaii treated all ethnic groups equally.
Many fear such post-Rice lawsuits will erode government programs and entitlements to Hawaiians.
Ezra noted his ruling in the Barrett case did not address the merits of that case, only that the challenge must come from someone who has a real cause and not a philosophical difference with OHA.
OHA Special
Rice vs. Cayetano arguments
Rice vs. Cayetano decision
Holo I Mua: Sovereignty Roundtable
