Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 1, 1 Ianuali 1997 — New Year, New Board, New Hope [ARTICLE+ILLUSTRATION]

New Year, New Board, New Hope

There's a lot to protect... Trustees will need to pull together...

a veteran of six years at OHA, I have seen the Board turn over several times, sometimes to move forward, sometimes backward. The election of three very impressive brand new Trustees creates a whole new dynamic here. My greatest hope is that it will help propel us forward during this New Year. In 1997, we ean expect assaults on our entitlements from both the legisla-

ture and the governor r and a little farther down the road, in 1998, looms a Constitutional Convention that could eliminate OHA completely. There's a lot to protect, and we Trustees will need to pull together, regardless of how we feel about eaeh other. Having met with new Trustees Apoliona, Springer and Machado, I believe they knew about these challenges when they chose to run for this office. That said, I

wonder how they plan to apply their lōkahi platform towards safeguarding the Hawaiian trust. The dictionary tells us that lōkahi means unison, unity, agreement, accord, and harmony. I have also heard lōkahi used to mean consensus and community. These wonder words define an untranslatable concept, perhaps cheapened by overuse even before lōkahi became a campaign slogan, but still full of positive energy. We Hawaiians understand it, but what are we talking about with respect to OHA? Agreement with the State? Unity among Hawaiians? I suspect lōkahi as heard during the last eleehon alluded to harmony among Trustees and consensus on the Board. If it did, then I am concerned. To the distress of many Hawaiians, the heated give-and-take at OHA has been aired in public. The media portray it as inappropriate, and I admit the juvenile behavior that exploded during some of our discussions was embarrassing. Even so, tension among Trustees did not prevent us from voting, often unanimously, to fund worthwhile projects such as Hawaiian language immersion programs, kupuna care,

self-help housing and university scholarships. It might eome as a surprise, but clashes are part of the process and there is no need for us to pretend that we are all together. Trust law, set out in Section 554-A of the Hawai'i Revised Statutes, expects, even requires, Trustees to make waves. As one court said in the case Millar's Trustees v. Polsen, "It is of course disaereeable to take a eo-

trustee by the throat, but if a man undertakes to act as a trustee, he must face the necessity of doing disagreeable things when they become necessary to keep the estate intact. A trustee is not entitled to purchase a quiet life at the expense of the estate, or to act as good-natured men sometimes do in their own affairs in letting things slide and losing money rather than create ill feelings." This squares with what State Auditor Marion Higa observed during legislative audit: A Trustee's loyalty must be directed to mo HcjTAraiian fniof ann ife

beneficiaries rather than to co-Trustees. And Ms. Higa agrees with the court that our duty of loyalty means, "individual trustees are also responsible for preventing other trustees from committing a breach of trust and for redressing any breach of trust that has been committed." So eaeh Trustee brings to the Board his or her independence. Eaeh voice that speaks expresses a passion, unfortunately misinterpreted as hostihty rather than a deep sense of caring, and serves to eheek or balance eight other voices. This is how we manage the Trust and determine the best interests of our beneficiaries. I think that 1997 holds some controversial calls that will require us not only to be loyal but to risk being unpopular. In these crucial times OHA needs leaders and warriors, willing to piek up spears and fight, not empty speeches. And lōkahi? Lōkahi should not be displaced or misplaced. Guidelines are clear; our beneficiaries eome first, ahead of Board harmony and consensus. The best way for OHA to win credibility is to be right with the law, focused on our mission and carry our lōkahi in our hearts. 1

Eaeh (trustee) voice that speaks expresses a passion, unfortunately misinterpreted as hostility rather than a deep sense of caring, and serves to eheek or halanee eight other voices.

AICA HA Trustee, At-Large