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Constitution of this State. In this State of Hawaii, the Constitution reads right off the <br />bat, it says the people, the State and its people will uphold the Hawaiian race. <br />• happen to be that Hawaiian race. This Charter, which is only 36 pages long, makes no <br />provisions for Native Hawaiians. We brought that language forward for you to consider <br />that would incorporate Native Hawaiians into your Charter. Your Charter starts off in the <br />Preamble and it says this: 'We the people of the County of Hawaii'; then you go to your <br />definition in Article I, Section 1-1 gives the clear definition of who that people are. 'The <br />people of the County of Hawaii shall be and continue as the body politic and <br />incorporate by the name County of Hawaii hereinafter in this charter call County.' <br />That's who the people of this County of Hawaii is. I hope you're not assuming that I'm <br />part of that body political just because I happen to be here in the County of Hawaii. I <br />was born and raised here. So I need for you, in the language we've proposed, because <br />come from the land. I happened to be born and raised on the lands within this county. <br />That's why we were here again. In the second section of that Article I, it talks about the <br />geographical limits. The Island of Hawaii and all islands within the shores thereof and <br />the waters adjacent thereto shall be the County of Hawaii.' Again, I come back to ask <br />you, the confusion that this county has perpetrated to the Hawaiian people is that we <br />once received an Opinion of your counsel here that says we're all included. This deals <br />with Hawaiian home lands also. And if it does, put Hawaiian home lands in there then. <br />Put it there. Don't say the whole island and then when we go to different departments <br />within this county, we have no jurisdiction over Hawaiian home lands. That's the <br />confusion part that's sending out the message to the Hawaiians out here that we are <br />secondclass citizens, third, fourth class citizens. We're not included in your Charter. <br />• That was the language. The language was to help include us and how we can get <br />things done within this county. We sent a letter to the Mayor asking that we be <br />included because about a month ago this question was asked of the Corporation <br />Counsel by Curtis Tyler. Does the County have jurisdiction on Hawaiian home lands? <br />The answer of Gerald Takasi was no. No. And that's the guy you're dealing with in <br />your Council, in your Charter. You're going to make Corporation Counsel, include them <br />— they're all in here. But the Corporation Counsel says clearly no. We have a decision <br />from Mr. Wurdeman, an Opinion, in a totally unrelated matter, however, he does state <br />this in his Opinion; the Hawaiian Homes Act did not authorize the State or local <br />government to apply a tax lien to Hawaiian home lands. We take away the tax lien to <br />the extent that the real property lien is an incumbrance on the property created by non- <br />administrators of the Act, of the DHHL land. An Act of Congress would be required to <br />attach it to Hawaiian home lands. The Hawaiian Homes Commission Act also <br />embodies express provisions that the Governor — the Governor and the Board of Land <br />and Natural Resources not exercise their powers and duties over lands having the <br />status of Hawaiian home lands. That's in Section 206. This provision evidence a <br />strong intent that Hawaiian home lands not be controlled by State or local <br />governments, but by DHHL. The disposition of Hawaiian home lands by county tax <br />here would be in contradiction of this intent. This is just one avenue. All I'm trying to <br />lead you up to is that it needs to be included in your Charter. It needs to be included. <br />Are we included or are we excluded? Because the Opinion of Mr. Wurdeman is clear, <br />and your counsel agreed to it because he wrote something about it, that provides the <br />incumbrance authorized to be placed on Hawaiian home lands by officers other than <br />13 <br />