Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 11, 1 Nowemapa 1986 — from the Chairman's Desk [ARTICLE+ILLUSTRATION]

from the Chairman's Desk

Aloha and a Nov. 4 Thought

Bv Rockne C. Freitas, OHA Chairman T rustee-At-Large

It is with mixed fee!ings I bid Aloha to all of you as a Trustee of the Office of Hawaiian Affairs. I have had the privilege of serving on the OHA Board since 1982, the last 10 months as its ehaimnan. Mahalo to you who are members of the general Hawaiian eommunity as well as my fellow Trustees for your expres-

sions of support and confidence. I decided not to seek reelection so that I may pursue my long-delayed goai of completing my doctoral degree while at the same time carrying out my duties as Associate Director of Athletics at the University of Hawaii. I look forward to new challenges in my personal life. At the same time I will miss the satisfaction of being associated with OHA, the only public agency directly aecountable to the Hawaiian people and created specifically for their benefit. The past four years have not been without problems and discord, but I take some pride in recent developments and sincerely believe that OHA is moving toward achieving its full potential and its mandate "to better the conditions of Hawaiians." For us to make this work, however, it is imperative that we make a carefully reasoned ehoiee in selecting Hawaii's next governor. It goes without saying that the chief executive of this state has enormous power and the manner in whieh he exercises that pqwer with regard to Hawaiian issues in the next four years could very well determine the future of our Hawaiian people. The single most important issue with respect to OHA's relationship to the state government is the question of our full entitlement to revenues from Hawaii's ceded lands. By law the state is required to turn over 20 percent of these revenues to OHA for the benefit of native Hawaiians. However, we are receiving only a fraction of that amount. Consequently, we have been forced to take the matter to court in order to resolve the conflict. This, however, appears likely to be a long drawn out legal battle — a battle whieh could be eliminated if our next governor agrees to adhere to applieable sections of Hawaii's constitution and statutes. . . The state's response to OHA's legal action was that we have no right to sue because the state is "sovereign" and therefore cannot be sued without its own permission. The present state administration then vetoed legislation passed by the last legislature to give individual Hawaiians and Hawaiian organizations the right to sue the state for failure to properly implement the ceded land and Hawaiian Home Lands trusts. It is gratifying to realize that regardless of who is elected, Hawaii's next governor will be of Hawaiian ancestry .

On the ceded land and right to sue questions, here is what both the Democratic and Republican candidates have to say. John Waihee, Democrat (Television debate, Sept 10, 1986) — "You know, I think there are some out standing issues regarding the Hawaiian community that really need to be negotiated. We need to sit down and negotiate the situation with respect to the airport leases, for example. That issue arises out of two contradictory statutory schemes in the state government. We have a statute that says the Office of Hawaiian Affairs is entitled to 20 percent of all the revenues from ceded lands. And at the same time we have another statute that requires that the revenues from airports and harbors underwrite the bonds necessary to deve!op those kinds of situations. Obviously we have a conflict. And these kinds of conflict eall for negotiation. Not litigation, not protest and not any other kinds of methods because truly we either have to negotiate this issue and settle it to the satisfaction of both parties, or we have to go in there and change the statutes." D.G. (Andy) Anderson, Repub)ican, also has expressed a willingness to sit down with OHA Trustees in an attempt to reach a settlement fair to all parties. Additionally, Andy has eome out with a very positive statement in defense of OHA's right to sue in order to make sure that the state follows the law with respect to the ceded land ineome. Here is what he had to say: "The Hawaiian people have a right to 20 percent of ineome generated by ceded lands. But the language in the law is cloudy as to what lands are involvled. It is the politicians who have created this mess because they have drafted a iaw that was flawed. It was unclear and inconsistent with the article whieh was passed by the 1978 Constitutional Convention. Now the ultimate losers in the issue are the Hawaiian people who have yet to receive a definitive answer as to their entitled trust. The system whieh is best equipped to handle this issue fairly and equitably is the judicial system. Therefore, I propose that the barrier preventing the Hawaiians from suing the state be removed and that they are given the right to sue. It is unfortunate that the current state administration found the effort by the Hawaiians to give itself standing to sue the state, a potential pandora's box of frivolous suits. The courts should decide how to distribute the proceeds from the lands, not the politicians. Keep the politicians away . They created this mess and if you let them get involved with it again, there is no telling what chaos they will create." Entertainer Don Ho summed it up another way at one of the Anderson rallies when he said: "Everyone on stage here is a Democrat. I'm a Democrat. We arehere in support of Andy because when we needed help, Andy was always there and this is what Hawaii needs." These are plain and forthright words. You take it from here on Nov. 4.