2000-05-10 Charter Commission Minutes

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Transcript of Meeting of May 10, 2000Page 11 of 62 with Hawaiian home lands also. And if it does, put Hawaiian home lands in there then. Put it there. Don’t say the whole island and then when we go to different departments within this county, we have no jurisdiction over Hawaiian home lands. That’s the confusion part that’s sending out the message to the Hawaiians out here that we are second class citizens, third, fourth class citizens. We’re not included in your Charter. That was the language. The language was to help include us and how we can get things done within this county. We sent a letter to the Mayor asking that we be included because about a month ago this question was asked of the Corporation Counsel by Curtis Tyler. Does the County have jurisdiction on Hawaiian home lands? The answer of Gerald Takasi was no. No. And that’s the guy you’re dealing with in your Council, in your Charter. You’re going to make Corporation Counsel, include them – they’re all in here. But the Corporation Counsel says clearly no. We have a decision from Mr. Wurdeman, an Opinion, in a totally unrelated matter, however, he does state this in his Opinion; the Hawaiian Homes Act did not authorize the State or local government to apply a tax lien to Hawaiian home lands. We take away the tax lien to the extent that the real property lien is an incumbrance on the property created by non-administrators of the Act, of the DHHL land. An Act of Congress would be required to attach it to Hawaiian home lands. The Hawaiian Homes Commission Act also embodies express provisions that the Governor – the Governor and the Board of Land and Natural Resources not exercise their powers and duties over lands having the status of Hawaiian home lands. That’s in Section 206. This provision evidence a strong intent that Hawaiian home lands not be controlled by State or local governments, but by DHHL. The disposition of Hawaiian home lands by county tax here would be in contradiction of this intent. This is just one avenue. All I’m trying to lead you up to is that it needs to be included in your Charter. It needs to be included. Are we included or are we excluded? Because the Opinion of Mr. Wurdeman is clear, and your counsel agreed to it because he wrote something about it, that provides the incumbrance authorized to be placed on Hawaiian home lands by officers other than those charged with the admission of such Act shall not be increased except for the consent of Congress. That’s basically where we’re at. This County has no consent from Congress to increase the incumbrance. A tax lien is an incumbrance. A building permit is an incumbrance. A zoning change is an incumbrance. It’s been ruled. It’s senseless for us Hawaiians to come here before you, but we do because we’re trying to work within the system. It’s again a notice. I do know that a lot of you, and this counsel that you have – don’t put this on. Don’t put those Hawaiian things in the Charter. Don’t do it. And if you’re prepared to do that, please sign a document saying that you’re not. Then give it to me and I’ll take it somewhere else. Because, again, I go back to your responsibilities. You said you upheld the Constitution, took this job as County Commissioners to review the Charter, and then again ignore us when we come before you. Trust me. You can all say personally no, that’s not what we feel, but that’s how Hawaiians feel. IRVINE: Sir. KAHAWAIOLA’A: Yes. IRVINE: I don’t think we’re ignoring you. KAHAWAIOLA’A: Thank you for your thought. IRVINE: I think we’re doing our best to understand, and it is very, very difficult to understand whether you wish to be part of the County or exempt. I do not feel that I could vote for anything that would not continue to provide Police and Fire protection on Hawaiian homes, and I’m afraid if we exclude you in some sense, or include you in some special sense, that you may lack that help. KAHAWAIOLA’A: Then may I just say that if it was your intentions to do that, please let us know, so we know how to explain it better, if you didn’t understand it. But to ignore us, to ignore us sends that message. It should have been explained. You got counsel here. He knows absolutely what. This is not file://\\coh01\cohweb\council\charter_commission\minutes\minutes 05-10-00.html7/1/2011