Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, 1 January 1988 Edition 02 — General Information— Office of Hawaiian Affairs [ARTICLE+ILLUSTRATION]

General Information— Office of Hawaiian Affairs

Here is some general information about the Office of Hawaiian Affairs (OHA). What is OHA? It is a constitutionally established stage agency whieh coordinates services and programs for the Hawaiian people who live in Hawaii.

How was OHA established? 1978 — The Constitutional Convention proposed that an Office of Hawaiian Affairs be established (Article XII, Sections 4, 5 and 6). Nov. 1978 — Voters ratified the Con Con amendments to establish the Office of Hawaiian Affairs in the General Election. 1979 — Act 196 set up the statutory material in Chapter 10 of the Hawaii Revised Statutes to implement the ConstitutionaI provision to establish OHA and also appropriated general funds for this purpose. 1980— Act 273 designated that 20 percent of the public land trust funds be set aside for OHA and appropriated funds for OHA to begin office operations for the fiscal year 1980-81.

What are the purposes of OHA? • Promote the betterment of conditions of Hawaiians. • Serve as the principal public agency in this state responsible for the performance, development and coordination of programs and activities relating to Hawaiians, except that the Hawaiian Homes Commission Act shall be administered by its commission. • Assess the policies and practices of other agencies impacting on native Hawaiians and Hawaiians, and to conduct advocacy efforts for them. • Apply for, receive and disburse grants and donations from all sources for native Hawaiians and Hawaiians. • Serve as a receptacle for reparations from the federal government.

Defining "Hawaiian, Native Hawaiian Hawaiian— Any descendant of the aboriginal peoples inhabiting the Hawaiian Islands whieh exercised sovereignty and subsisted in the Hawaiian lslands in 1778, and whieh peoples thereafter have continued to reside in Hawaii. Native Hawaiian — A descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778.

What are OHA's general powers? OHA is unique as a state agency in that it is a separate entity independent of the executive branch and it has the following powers. It ean: • Adopt, amend and repeal bylaws to carry on its business and perform its duties. • Acquire any property or any interest to hold,

maintain, use and operate and to sell, lease or otherwise dispose of. • Determine what its financial obligations and expenditures will be and how they shall be incurred, allowed and paid. • Enter into contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the U. S., or with the State, or with any political subdivision, or with any person, firm, association, or corporation, as may be necessary in conducting its business.

How is OHA funded? A 20 percent portion of all the funds and revenues derived from the public land trust has been designated by the 1980 Legislature to be held and used solely by OHA for native Hawaiians. In order to meet the needs of Hawaiians with less than 50 percent Hawaiian blood, OHA must seek general fund appropriations from the state legislature. If land or money should eome from the Federal Govemment to the State as reparations, it would become part of the trust administered by OHA for all Hawaiians. In addition, OHA may seek funds from other sources, such as foundations, the federal government, the business sector and private donors.

Who governs OHA? The Office of Hawaiian Affairs is governed by a nine-member board officially known as the Board of Trustees. How is OHA administered? The Board by a majority vote appoints an administrator who serves for a term to be determined by the Board. The Board, by a two-thirds vote of all members, may remove the administrator for cause at any time. • See General, page 5

Moanikeala Akaka Trustee. Hawai'i

Rodney Kealiimahiai Burgess III Trustee-At-Large

Moses K. Keale Sr. OHA Board Chairman Trustee, Kaua'i and Ni'ihau

Clarence F. T. Ching Trustee, O'ahu

A. (Frenchy) DeSoto Trustee-At-Large

Louis Hao Vice Chairman Trustee, Moloka'i

Manu Kahaiali'i Trustee, Mau'i

• General, from page 4

OHA's legal, historical background During the 1978 Constitutional Convention, the Committee on Hawaiian Affairs met to review the Article in the Constitution dealing with Hawaiian Home Lands and to discuss many Hawaiian related issues. As a result of this review and discussion, the Committee decided to introduce an amendment to set up OHA, based on several legal and historical precedents: • Since the fall of the constitutional monarchy in 1893, Hawaiians have had less and less of a voice in government.

• The boards and commissions set up as trusts to help native Hawaiians or Hawaiians are either appointed by the courts, or the Governor with the consent of the State Senate. • The ineome from the public land trust was not being used to directly benefit native Hawaiians. • Hawaiians needed a state agency that would represent their needs and concerns and coordinate programs for all of them. The decision to introduce the amendment setting up the agency was a direct result of the above areas of eoneem. Thus, theestablishment of OHA was an attempt to:

1. Give Hawaiians more of a voice in government. 2. Accord to them the right to choose their representatives through the election of OHA Tmstees. 3. Secure for native Hawaiians a pro rata portion of the public land trust. 4. Offer representation for all Hawaiians. OHA offices are located on all the major islands, including two on Hawaii at Kailua-Kona and Hilo and one eaeh in Honolulu; Lihue, Kauai; Kaunakakai, Molokai; and Wailuku, Maui. Neighbor island offices are staffed by Community Resource Specialists (CRS).

Thomas K. Kaulukukui Sr. Trustee-At-Large

Kevin M. K. (Chubby) Mahoe Trustee-At-Large