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Transcript of Meeting of April 29, 2000Page 29 of 64
<br />oppose anything like that. I’d have to support. Chris, could you just maybe clarify for us what the
<br />mechanics of this is and how that works because, frankly, I’m confused from a legislative, or from a
<br />process, viewpoint.
<br />YUEN: If I understand correctly, George, you would be suggesting a Commission that would consider
<br />the question that was brought about, inclusion of Hawaiian homes land within the County.
<br />MARTIN: Not inclusion, but I guess it would be exclusion from dealing with the Charter as is being
<br />mentioned to us. Again, they have specific lands that is theirs, and theirs alone, and the governing of
<br />those lands is probably spelled out someplace in State Constitution, maybe even Federal Constitution,
<br />with different Articles, and with that, I think these are some of the issues that should be addressed by
<br />this ad hoc committee. Again, the reason I use ad hoc is because once it’s a done deal, like how we are
<br />right now, technically an ad hoc committee, once the Commissioners here put together whatever we’re
<br />going to put together to put forth to the voters, we no longer exist. We become void and null at that
<br />point. So, same type of situation, yes?
<br />YUEN: I’ve written a couple of letters to the Commission on this, and let me try to summarize because
<br />it’s been brought up. The County of Hawaii, the boundaries are set by State Law. They properly include
<br />all lands on the island, including the Hawaiian homes lands. This is not just a matter of my interpretation
<br />of the law, but Mr. Kahawaiola’a and Mr. Jim, who have been testifying about the Hawaiian homes
<br />lands not being under the jurisdiction of the County of Hawaii, brought this issue to the Hawaii Supreme
<br />Court when they were arrested on the grounds of Prince Kuhio Plaza during the demonstration, and
<br />claimed that they could not be arrested by County Police because the County Police had no jurisdiction
<br />on Hawaiian homes land. The Hawaii Supreme Court said no, that’s not correct, that the County of
<br />Hawaii did have jurisdiction over Hawaiian homes lands because they were never excluded from the
<br />County of Hawaii on the Hawaiian Homes Act or the Admissions Act of the State of Hawaii in 1959,
<br />hence, were properly within the boundaries of the County of Hawaii. And also, there’s no difference
<br />between the jurisdiction of the County insofar as crime and police. Now, as I mentioned in my letters,
<br />the County’s powers over the Hawaiian homes lands are somewhat different in certain areas, such as,
<br />most prominently, zoning. However, that does not mean that those lands are not within the County. To
<br />give you another example: The County has no zoning authority over conservation lands, the Forest
<br />Reserves. Those are not within the County zoning power, however, those lands are within the County.
<br />They’re within the boundaries of the County. The County has some jurisdiction over those lands; police,
<br />fire, and the like. People who live on conservation land get to vote for the Mayor, and get to vote for
<br />their Council member. You just have to be very careful about how the word ‘jurisdiction’ is used in
<br />connection with various kinds of land like Hawaiian homes land or State land or the National Park land,
<br />to take another example. The National Park is within the boundaries of the County. People who live
<br />within the National Park get to vote for a County Council person and get to vote for Mayor. But the
<br />County has no zoning jurisdiction over the National Park, and it also has no police jurisdiction within
<br />the National Park. It’s different from that in Hawaiian homes land. As strictly a practical matter, the fact
<br />that Hawaiian homes land are within the County means that the people who live on Hawaiian homes
<br />land get to vote, get a representation there. If they hear a noise in the middle of the night and somebody
<br />is breaking in, they can call 911 and expect a County Police Officer to show up, the same as any other
<br />place in the County. And if there’s a fire on Hawaiian homes land, they can expect the County Fire
<br />Department to respond to that, the same as any other neighborhood in the County. So, I guess the end
<br />result of my legal analysis on this is that there isn’t an issue for the Charter Commission insofar as the
<br />relationship between Hawaiian Homes and the rest of the County government.
<br />RAY: George.
<br />MARTIN: Okay. As I’ve indicated, and have indicated in the past, all we’re doing is putting forth a
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