2000-04-12 Charter Commission Minutes

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minutes 04-12-00Page 3 of 26 abolished, and then would be just not in the Charter anymore. It’s just abolished. I’ve got to think a little bit about the best way to do that. And the other thing I want to look at is I want to talk with Gerald Takase about this sunset in ‘99 to make sure that this is necessary to abolish it. If it is the wish of the Commission to do away with it, I think we are going to need to abolish it because I think what happens in ‘99, is that it loses all its control of the Kaiko’o Redevelopment Project but would still remain in existence as a Commission with nothing much to do. HERKES: Well, somebody’s liable to find something for it to do and that’s the concern. IRVINE: Yes. RAY: Any more questions for David? Thank you very much for coming in on this short notice. Virginia, do you have anything to add after that discussion? GOLDSTEIN: No. I think the only other clarification, I think, it’s something that Chris just brought up, and that is, I guess, the way we had looked at it, the Commission itself would remain. The plan was going to have its sunset, and that’s not exactly what Gerald Takase is saying, so I think if you just look into it, that’ll be okay, however. RAY: Okay. All right, thank you very much for coming in. Dwight Vicente. VICENTE: Good evening. My name is Dwight Vicente. As usual, it’s under protest because of the documents dating back to the 1887 Constitution, called the Bayonet Constitution, the Proclamation of Provisional Government, the Republic Constitution of 1894, the Joint Resolution and called Treaty of Annexation of 1897, 1900 Organic Act, the State Admission Act, or the Admission Act, they call it, of 1959 where the Colony of Hawaii entered the Union. So, I would say that this so- called Commission doesn’t have any authority to write any law, nor does the State. I can see, looking over this, that by Commission, they’re trying to usurp power to do things. Oh, there’s one thing I notice here. It’s the Article V, Section 5-1.2, Qualification. ‘Any citizen of the United States of America who has been duly qualified as an elector of the County for at least one year’. Well, most of the jury duty, all these things are based on U.S. citizenship, but they come in conflict with the Public Law 103-150, where it says that ‘those of Hawaiian descent are not U.S. citizens’, so I have a big problem with that. I don’t know what Americans are doing running the show here, but I think they’re in the wrong country. There’s only 13 United States. They haven’t gained any more legally. Under Article IV, Section 3, Clause 1, ‘new states may be admitted into the Union’ and you’ve got to be recognized as a state, according to the definition in the Declaration of Independence. You have to be able to wage war, conclude peace, sign treaties, and do all the things that nation states does. Here’s another Commission that usurps power, that comes into conflict with the U.S. Constitution. It’s Article VII, Chapter 2, Police Department. The Police Commission is actually created by 52(d) in the HRS. Being that the police force is, in fact, the military force, it’s dangerous. They were opposed to that when King George did it in the colonies, and that’s why they condemned that in the Declaration of Independence. And if you look at the U.S. Constitution, all military powers rest with Congress under Article I, Section 8, Clauses 11-18. RAY: Dwight, I think we’ve got all this on the record. I believe this is pretty much the same argument you’ve already made, which has been duly recorded before this body. VICENTE: Well, I want to make sure I’m consistent and make sure you guys get the message. RAY: Okay, I think we got the message. Any questions for Dwight? Okay, thank you. VICENTE: All right, thank you. RAY: Patrick and Harold. KAHAWAIOLA’A: Good evening, ladies and gentlemen of the Charter Commission. My name is Patrick Kahawaiola’a. I’m a Native Hawaiian as defined under the Hawaiian Homes Commission Act. I am here, this evening, per instructions our last appearance here, wherein the language, as we were asked, and it was suggested that we write, or submit to this body, the language that we believe would be appropriate for what we came forward the last time. And I hope I had made enough copies so that all of you at least received a copy of what we believe the language should be incorporated into your County Charter, that would deal specifically with our concerns, and how your Charter, as it stands right now, as far as we’re concerned, does not address the problems that we, as Native Hawaiians, are having in dealing specifically, not in general, but specifically with the County of Hawaii. And we believe your County Charter is, as described within it’s covers, the laws that govern how you operate as a local self-government. I would, as an example, before I end my part of this summation, is that within your file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-12-00.htm7/1/2011