Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 4, 1 April 1990 — OHA is your organization [ARTICLE+ILLUSTRATION]

OHA is your organization

By Moses K. Keale Sr. Trustee Kaua'i/Niihau

Anoai kakou. Over the years I have often heard the statement that "OHA is a government agency" or "OHA is a state agency." I have pondered that description and have wondered about the wis-

dom or appropriateness of those statements. Although appearances would suggest that this may be true, it is time to correct this misconception. The Office of Hawaiian Affairs is a corporation consisting of three related but separate entities. This, of course, is just my perception, a perception that is a product of nearly 10 years of service to this corpus. Allow me to explain OHA as I see it. OHA, the Trust OHA is a trustee of a trust fund consisting of entitlements guaranteed to it by the state Constitution, the Admissions Act, and Chapter 10 of the Hawaii Revised Statutes. The assets of this trust are the monies received from the State of Hawaii whieh by law shall consist of 20 percent of the revenue generated by the state from the use of certain state lands known as the Public Land Trust. As a result of the most recent negotiations with the governor these monies represent approximately $8,000,000 eaeh and every year beginning in 1991. In addition, further monies will be forthcoming for deficiencies in payments received by this office during the period 1980 to 1990. The total sum of these monies could exceed $100,000,000, not a bad Trust Fund. The nine trustees of the Office of Hawaiian Affairs are responsible for administering

this trust on behalf of the Native Hawaiian beneficiary (those individuals who meet the 50 percent Hawaiian blood quantum criteria). As a trust bound by the laws of the State of Hawai'i and guided by a mandate to provide benefits to its beneficiaries, we should be and are in fact answerable to those Hawaiians who qualify by blood quantum criteria. As is the eommon practice with such trusts, we should carry out our duties by providing for an annual Master's report to our beneficiaries. It is my contention that we are responsible to report the activities of this trust to the beneficiary and not to the governor or legislature. OHA, the Government Entity It was the intention of the Constitutional Convention (when they proposed the creation of the Office of Hawaiian Affairs) to create an entity whieh could address the needs and concerns of the Hawaiian people. By an amendment to the state Constitution and the passage of appropriate sections of the Hawai'i Revised Statutes, this entity was empowered to act on behalf of the Hawaiian people and was given the legal ability to receive county, state, and federal monies or assets. It was further embodied with the right to constitute its own policies and procedures and to execute the same through officers and trustees. A separate class of registered voters was created to elect the governing officers (trustees) and these elected officials were made subject to the laws governing elected officials. Therefore, like the Judicial and Administrative branches of the state government, OHA is subject to the legislature only where it eoncerns the expenditure of general, public funds appropriated by the legislative branch. In all other instances, OHA is answerable to the Hawaiian people it is mandated to serve. In as mueh as OHA has the ability to create its own po!icies and procedures within the prudent limits of eommon law,

OHA is certainly not an agent of the state government but rather an agent of its people. OHA, the Business Entity Under existing law, OHA has the right to create a corporate identity either "for profit" or "not for profit." In fact our successful investment portfolio is a prime example of OHA's business excellence. Since 1982 we have continued to direct our money managers to prudently invest our assets in stable, highly rewarding money programs. The future of our expanded benefits programs to our Hawaiian people requires that OHA continue to look for lucrative avenues of business investments whieh will increase operational revenues. OHA's corporate business entity must reflect policies and practices whieh will increase our capital assets so that we ean approach independence from the need for taxpayer dollars to support our programs. So you see, OHA is really three entities in one. Our task is immense! Our jobmindboggling! Don't be fooled by the simple rhetoric that OHA is simply an agent to the state government. It is not! We have never been such! We will never be an agent of the state government! OHA is YOUR organization — A corpus organized to serve you! How do you make this organization accountable to YOU? You register to vote in the OHA ELECTION! You vote! And, you attend the Board Meetings, eommittee meetings and community meetings and assist us in making wise decisions for you! The public is always welcomed. Our Hawaiian people are especially invited. If you need to know the times and places of these meetings, please do not hesitate to eall on me. I very mueh need your mana'o. Flease let me hear from you. A i manao kekahi e lilo i pookela i waena o oukou, e pono no e lilo ia i kauwa na oukou . Na ke Akua e malama a e alakai ia kakou apau.