2000-04-12 Charter Commission Minutes

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minutes 04-12-00Page 5 of 26 Constitution, Article 12. They have the powers. That’s all. Nothing more, because they’re forbidden, under a Section they call 206, it has to be within the Act before they can perform. It has to be part of a provision before anybody can perform. Your courts, in Article 17 of 217 in the Hawaiian Home Commission Act, his limit - the law clearly identifies that he has to have the powers from the Commissioners and his powers only - you can look at the provision - is only for contempt of court, nothing more. He don’t make no decisions. He goes over the order. Your answer is just like I try to describe. You’ve got to get to the body legislation with the Department of Hawaiian Homes, as well as the Native Hawaiians in the community, to go through it and to amend the Act as such, that need for the benefit, or even the safety, welfare, of the police powers which we well know about, could be added. But right now, we find it is unlawful and they’re committing fraud and conspiracy. We are taking people to court. Police Powers. Right now, I just talked to Wurdeman. We have gone to court. I’d like to tell you one of the most powerful case that we’re going to use. We have the right to go back to the Ninth Circuit or the United States District Court in Hans vs. the Department of Justice, that is Aupuni ‘O Hawaii, the group I represent called Uhane Hemolele. We were the plaintiffs and we went in there and they came out and says if they continue third party issues, then they’re liable. We can come back in. And they have constantly done that. And the reason they don’t address the Constitution and the law that they uphold, and to follow, there is a preempt law. In other words, there is a federal jurisdiction to hear the case in case of any violation, and I believe that this body can resolve a lot of pilikia between parties. That means problems within the people; misunderstandings. And they are slowly opening up, the County Council realizing the (indiscernible) jurisdiction. We will be going to the Police Commissioners. We’ve very disappointed with them. I’m taxpayers. We pay money for people that do things wrong. KAHAWAIOLA’A: And may I, Mr. Martin, just because I’m in this example mood, based on your question, is the fact what we’re saying is they wanted, and this is the State of Hawaii along with the Native Hawaiians, wanted to amend the Hawaiian Homes Commission Act, as you all know - if you didn’t now, you need to be 50% blood. When they wanted the successor to be 25% of blood, they went and had it amended, and Congress approved it, and that is now the law that says your successor does not have to be 50%. But the process was taken to amend it. So, by example, that is what’s available. There is a process out there to do it, and your question, again, is if you need the fire protection, you already have the ability to go in and maintain the road, and trust me, this county’s getting paid for doing it. There’s a section in the Act that says that what you do, so you can do in there, within that section, because that section clearly says if you need, you go inside to the legislature and you get your funds. We don’t know. The process might be a record keeping something. It might be inclusion. I really don’t know, but there is a process. What has been left out is we’re left out of the process. And people say they assume that they can continue to do it because we’ve doing it. That’s what the Native Hawaiians hear. We can go on your land and do what we do because we’ve been doing it. We can go here and do this, and make the sewers, because we’ve been doing it. Well, that was the big controversy within this county in the last week, the County Council. Why do we have the right to go on the land without having the land dedicated, without having the right to get on there? Perpetual easement. And they’re not getting it but they’re saying it’s all right, after saying no, we don’t have the jurisdiction, the Corporate Counsel said, but we’ve been doing it so we can continue. That’s an assumption until someone challenges it. For 20 years they let only Hawaiians vote for OHA until somebody said hey, wait, maybe I’m being left out of the pie. And when he challenged it, it was challenged and found 20 years they were doing it wrong. So, I’m just trying to express to you, by example, that by virtue of language, they say we’ve been doing it and it’s all right. And we’ve come forward to say we do not believe that. We believe there’s a process and the right way to do it, and do it the right way. JIM: We’re not against the police powers. We’re not against police powers over Hawaiian home lands. We believe that’s safety for public. What we find what is wrong is that there are some things being abused and some are not, so you need to balance. But, that’s not the issue with us. Our issue is the law, and you need to follow your law, and that’s where it’s at. And there’s process to balance it. You’re going to get your up and down, but there’s process to balance it. It just takes time. I know it’s very odd when you find Native Hawaiians like us coming up before you, and we only ask you that - in the past that I’ve seen and heard, they ignore their law, the Constitution, Article 12. They just ignore it and just do what they want to do. And we took process five years ago, and take lawsuits. Now we’re prepared to go and fight, and now we will fight unless somebody change it. And this body, I believe, is the right step to start it off. Thank you. Any other questions? RAY: Questions? Daryl. KUROZAWA: I just want to have a clarification, actually. In the recommendation you have for changes, for incorporation, is it - I know that the incorporation portion, you seem to basically exclude Native Hawaiians from incorporation. I may understand this actually, but is it your feeling that the Charter shouldn’t apply to Native Hawaiians? Is that what the wording means? JIM: Read Cayetano’s transcript. Read everything. We are special class, separate. Your Constitution does that. KUROZAWA: Okay, then I understand that. Then my next question to you is do you think that, if this is put into the Charter, would there be a problem with Native Hawaiians saying well, I’m not going to follow what the county says in the Charter file://\\coh01\cohweb\council\charter_commission\minutes\minutes 04-12-00.htm7/1/2011