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STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS CHR. HAITSUKA: We have two speakers today; two members of the public to give testimony on agenda items. First up we have Mr. Patrick Kahawaiola`a. Good afternoon, sir. PATRICK KAHAWAIOLA'A (At this time, Patrick Kahawaiola' a came forward to address members of the Commission) MR. KAHAWAIOLA'A: Good afternoon. Aloha Chairman Haitsuka and members of the Charter Commission. I am Patrick Kahawaiola'a, a native Hawaiian as defined under the Hawaiian Homes Commission Act, 1920, as amended July 9, 1921 and the current President of the Keaukaha Community Association which represents, according to the 2000 Census, 1457 native Hawaiians in 479 households residing on lands having the status of Hawaiian Home Lands in Keaukaha, in the district of Waiakea, South Hilo. When a review such as this of the Articles of the County Charter becomes available, it provides our community an opportunity to address this body for clarifications on at least one definition that continues to be one of the everlasting issues of concern, that numerous County officials before have wrestled with and came to no definitive conclusion, to address the concerns of native Hawaiians who live and work on lands having the status of Hawaiian Home Lands. As a beneficiary of these lands that were set aside for the express purposes of the Hawaiian Homes Commission Act, and incorporated in the Hawaii State Constitution through the Admissions Act, that among other things, the encumbrances authorized to be placed on Hawaiian Home lands by officers other than those charged with the administration of the Act, shall not be increased, except with the Consent of the United States. The immediate question now is in Article 1 -2; the geographical limitations of the County. Does that definition encompass lands having the status of Hawaiian Home Lands? Confused? Yes, we are. Article 1 -2 intimates that all lands on the island of Hawaii belong to the County of Hawaii. Can the Charter be amended to read "... except lands have the status of Hawaiian Home Lands." At your last meeting Commissioner Jarman asked for some clarification on how far around these islands can the County of Hawaii claim is under its control. So for us, the final question lies in Article 2 -1, the Powers of the County. In part it says, "The county shall have all powers possible under the constitution and laws of the State of Hawai`i..." And Article 2 -2, the Exercise of Powers, says, "All powers of the county shall be carried into execution as provided by this charter or, if the charter makes no provision, by ordinance or resolution of the county council." Notwithstanding the Memorandum of Agreement (MOA) between Mayor Kim and former DHHL (Department of Hawaiian Home Lands) Chairman Soon, the question does arise, does this county charter, through its Articles of powers and exercise of the same, apply to lands having the status of Hawaiian Home Lands? Is the MOA a legal document? Was it adopted and approved by the Hawaii County Council? 2