Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 8, 1 August 1996 — Beneficiaries must be vigilant [ARTICLE+ILLUSTRATION]

Beneficiaries must be vigilant

by Billie Beamer Trustee-at-Large

TWO MAJOR COURT CASES EMERGED IN JULY THAT ARE CERTAIN T0 GREATLY IMPACT ON THE LEGAL FOUNDATION DEFINING THE RESPONSIBILITIES OF TRUSTEES WHO HAVE BEEN MORE CONClLIATORY TO

LEGISLATORS THAN TO OUR BENEFICIARIES. An injunction ftled by Kemper and Watts for Kakalia, Hubbard, Kubota and Beamer, (who are personally funding the suit) declares ACT 359 uneonstitutional and joins HSEC from taking any further aelion. OHA trustees supported the creation of HSEC, an encroachment of the beneficiaries' inalienable authority. OHA HATERS SHOULD FORGET OHA

and concentrate on protecting your beneficiary constitutionai rights now being methodically diluted by legislators who aim to dismantle OHA for its own purposes. Without these rights OHA cannot be kept in eheek by the beneficiaries. VYes, I believe the HSEC Election is Illegal and use of State funds for out of state Hawaiians is unconstitutional. HSEC violated our own Constitution. $900,000 of state general funds and $900,000 of OHA funds were improperly designated for out-of state use. >/Yes, I believe the legislators have overstepped their bounds by transferring powers delegated to beneficiaries to their appointed body. V Yes, I believe a vote of the Hawaiian Beneficiaries is needed eventually. V Yes, I believe HSEC has no constitutional power but we as beneficiaries do.

AN INJUNCTION ON THE HSEC VOTE WILL BRING ORDER TO CHAOS AND CLARIFY THE CONSTITUTIONAL AUTHORITY GIVEN THE BENEFICIARIES. BE VIGILANT TO SPECIAL INTEREST DESIGNERS BENT ON ULTIMATELY WRESTING THE DECISION MAK1NG RIGHTS FROM ALL BENEFICI ARIES . When our eommon checks and balances are prostituted by the legislators, only the courts allow hope for judgments guided by PRINCIPLE instead of PERSONAL gain. First the plunderers created havoc by transferring the constitutional powers of trustees to hire and fire

employees to an administrator not elected by beneficiaries.

Legislators then placed their own pet programs in OHA'S Budget, to reward polkieal cohorts. The most dangerous usurpation, the task force gimmiek gives beneficiary planning powers to inCestuous Hawaiian organizations. Incestuous because they appoint the same people who are represented in eaeh

group to control the funding and direction OHA takes, like: Hui Imi, HSIA, KSBE, Alu Like, Papa Ola Lōkahi, Queens Heahh Systems, Hawaiian Civic Clubs, Lili'uokalani Trust, OHA and DHHL. Vl do not believe that OHA shouid be the ultimate sovereign entity. Given our present method of management it would be catastrophic. However, OHA has the resources and mandate to extract the preferences of all Hawaiian beneficiaries.

V We must replace the present OHA autocrats because the second turn of events demands fiscal integrity. On July 8, 1996, Judge Heely of Circuit Court awarded OHA the store, ruling that HFE)C must pay for the ceded lands when taken; that state hospitals must pay 20 percent on all revenues, that the airports must pay 20 percent of revenues including off property duty free shops as their parent company is located on ceded lands and that eaeh entity will be obliged to pay an interest of 10 percent as part of the provisions of HRS 304.

The anticipated revenues will add to the investment portfolio of $260 million in our hopper now. But, it will also add to the grave need for more prudent spending that is fairly divvied and administered. We also need open and timely reporting. Now more than ever, we beneficiaries must be vigilant. OHA cannot continue its political slipshod fiscal controls under the ruling dynasty of Aiona and Hee. Quarterly reporting, staff fiscal expertise, auditing and controls are absent. Administrators must not be immune from accountability to trustees. Our unrepaired financial systems are in a state of shambles. ONLY TRUSTEE HONOR, TRUTH AND INTEGRITY WILL BRING LŌKAHI . CALL 594-1872 FOR MORE INFORMATION. FILE YOUR NOMINATION PAPERS FOR OHA TRUSTEESHIP, DUE SEPT 6, 1996 W1TH COUNTY CLERK OR OFFICE OF ELECTIONS.