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minutes 03-08-00Page 5 of 35
<br />JIM: I’m the one who wrote this memorandum, okay?
<br />HERKES: Okay.
<br />JIM: And I tried to express the attorney’s opinion about using laws from the kingdom time, and expressing coming into today
<br />in regards to the Charter. And one of them was the police powers, in other words, legislation powers in the County. That’s
<br />what the subject matter was about. Now the question you’re asking about which involved the Article 1-1, first of all, there’s a
<br />rule in law, and I think you’ll agree with me, that the law of the land is the rule. It is well established in our memorandum,
<br />opposition against the attorney, that the Admission Act on 5(b) which forbids the state - Which was incorporated into the
<br />public lands, it was limited regarding to use of those lands because they were provisions.
<br />HERKES: I have a really simple mind. Can you make it easy and simple for me?
<br />JIM: I need to get that.
<br />HERKES: That’s the first time I understood what you guys were talking about.
<br />JIM: The provisions state - I want to give an idea because you have your attorney here, so he can understand, and I’m going
<br />to give you simple language.
<br />HERKES: We’re mandated by law to have an attorney here.
<br />JIM: Your Charter is extending into 5(f). It’s extending into the public lands.
<br />HERKES: I have no idea what 5(f) is. If you’ll just explain in simple terms to me.
<br />JIM: Well, it’s Cayetano’s big deal. The simple deal is that you don’t have authority over those lands.
<br />HERKES: Okay, the reason I’m asking is I am familiar with the Pueblos in New Mexico, and I do know that they have their
<br />own lands and they have their own governance in those lands, and the State of New Mexico does not interfere with them
<br />except for one big highway that goes through their lands. Now , I’m wondering if that’s what you’re asking.
<br />JIM: No, we’re not asking that. If you heard Pat speak earlier, we have a tremendous conflict with this local government. In
<br />their Charter, they say they have authority over those lands of Hawaiian Home lands. Your Police Departments says they
<br />have authority over Hawaiian Home lands. They come in there and enforce Hawaiian Home lands, however, when we go
<br />inside for taxes, Mr. Wurdeman wrote an Opinion, you can check, in 1986. They don’t have authority over Hawaiian Home
<br />lands. They don’t have authority on the encumbrance upon Hawaiian Home lands in taxation when they try foreclosing.
<br />Now, that’s a conflict. Your Charter says they’re due, and they go out and enforce, and they get scared when we bring the
<br />Federal government inside says that you don’t have authority. This body Charter needs to understand there is a separate
<br />jurisdiction of encumbrance management of operating Hawaiian Home lands. Simple. This county, by the Charter, are not
<br />administrated over Hawaiian Home lands, Mr. Wurdeman. Plain and simple, they’re not. Why are this Charter put in their
<br />jurisdiction on those lands in the Charter? I mean, why are you doing it? That’s our complaint. That’s how simple it is. You
<br />don’t have the authority. You’re not an administrator of that Act. You have no authority, but you come and enforce it. That’s
<br />as simple as that. Your Charter allows it. Article 1-1. The law of the land. You control this whole island, Hawaiian Homes
<br />and everything. That’s what it means. You can’t do that.
<br />HIGASHI: Mr. Jim.
<br />JIM: Yes.
<br />HIGASHI: If you were to propose an Amendment to the Charter, what would the words be?
<br />JIM: That’s the sensible-est question I’ve heard yet. Thank you very much. I believe that, in our opinion, and I hate to use
<br />this word, but we have to educate the people, and that’s you. Clearly, that it’s somehow government is hiding their
<br />responsibility and the promise to the Hawaiian people, they’re separate. So, if that’s so, then you should clearly put it in your
<br />Charter, Article dash one, there’s a separation restrictions of land in this state, within the State of Hawaii, and incorporate it
<br />into the County, and that is Hawaiian Home lands, based on the Hawaii Constitution, Article 12. Nothing withstanding in the
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