Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 8, 1 August 1998 — OHA VS. State of Hawaiʻi Negotiations begin; Court set Dec. 1 deadline [ARTICLE+ILLUSTRATION]

OHA VS. State of Hawaiʻi Negotiations begin; Court set Dec. 1 deadline

By Ryan Mielke LESS THAN three months after their oral arguments in the state's appeal in the case of the Office of Hawaiian Affairs vs. State ofHawai'i, both sides have asked the Hawai'i Supreme Court to hold its decision-making while OHA and the state discuss a settlement. On July 28, the Hawai'i Supreme Court granted the stay of its decision-making — with the requirements that negotiations be completed by Dec. 1 and no extensions will be granted. However, when the stay was requested July 15, trustees from OHA joined Governor Ben Cayetano in his office to make the announcement. "There is no doubt that we have

taken a tremendous leap forward without sacrificing the entitlement owed our benefīciaries," said A. Frenchy DeSoto, chairperson, OHA Board of Trustees. "Today marks another milestone in eommunieaīion and negotiation with the state. This is a turning point for our people in their right to finally receive what they are owed. "I am also pleased that Governor Cayetano shares my desire to do what is right for all of the people of Hawai'i, thus keeping true to Hawaiians and our eonstitution," she said. The OHA Board of Trustees recently appointed Chairperson A. Frenchy DeSoto, Trustee Haunani Apoliona and Trustee Herbert Campos as OHA's negotiating team. Chairperson DeSoto said she debated whether she should serve on the team and

was convinced that the board chairperson should be on the team to ensure consistent leadership on OHA's behalf. Additionally, the OHA board approved the services of Fujiyama, Duffy and Fujiyama, Attorneys at Law, to provide OHA with legal consultation during the negotiations. Fujiyama, Duffy and Fujiyama have subcontracted with the accounting firm of Deloitte and Touche, LLP, as well as Norma Wong, consultant. While the path is clear for the state and OHA to carry out their negotiations, a formal offer of settlement by OHA or the state has not been placed on the table. There remain numerous revenue sources under dispute that are not part of this negotiation. Additionally, the amount of ceded land revenue owing from undisputed sources from June 1981 to June 1998 is not a subject of this round of negotiations. ■

Governor Cayetano and Chairperson DeSoto respond to media during their joint announcement July 15 at the capitol.

PHOĪO BV JAYSON HARPER