HomeMy WebLinkAboutCOM 0819.007 2020-2022 Pfcpacil
bill I8a
COMM.g19
From: Patrick Kahawaiolaa ='r Ty sa
Sent: Tuesday,June 14, 2022 2:35 PM
To: Council Testimony
P Is
Cc: Pat Kahawaiolaa
Subject: Bill 180 amends the County Charter
Aloha e Chair David and all honorable members of the Hawaii County Council
I am Patrick Kahawaiolaa, a native Hawaiian as defined pursuant to the HHCA, 1920 amended July 9, 1921 (42, 42
stat. 108) 67th Congress, President of the Keaukaha Community Association, however I am here in my personal
capacity to ask for CLARIFICATION of Bill 180 to propose a Charter Amendment to the Hawaii County Charter,the
organic document that legally allows Hawaii County government to operate on Hawaii Island. This Charter
amendment CLEARLY needs the approval of the VOTERS OF HAWAII COUNTY TO BECOME LAW...
CLARIFICATIONS NEEDED ARE:
For what PURPOSE is the inclusion of a representative of DHHL will better the conditions of the native Hawaiians as
defined;
As an ex officio member will that individual have any VOTING POWERS?;
Is that person representing DHHL or Beneficiaries?;
If Hawaii County according to their HCC Sec. 1-2; in part says..."...the island of Hawaii and all other islands within
the shores thereof and the waters adjacent SHALL be the county of Hawaii..."why is it necessary to have a
representative of DHHL on the Water Board; for like the Manager of DWS, the Planning Director and the Chief
Engineer or their designated representative (and now to include a representative of the DHHL) SHALL SERVE AS
EX OFFICIO MEMBERS OF THE WATER BOARD ARD WITHOUT THE POWER TO VOTE... so in my
humble opinion what is the reasons for inclusion on this Board?
A bit of history of the HHCA, 1920 as amended... deals in this INSTANT CASE IN HAWAII COUNTY
WHEREBY...
This county through another department of this HCC CHAPTER 7 Planning Department whose Director is appointed
by then Mayor, confirmed by the County Council. In Sec. 6-7.2 (b)
Wherein the Director Shall be the Chief Planning Officer with (9) articulated bullets on his duties, in Sec. 7.2 (b)(2)...
prepare a general plan in accordance to Sec. 3-15 General Plan; in Sec. 7.2(b)(5)Administer the subdivision and
zoning ordinances and regulations adopted thereunder...
I bring these EXAMPLES up for your consideration because while its COMMENDABLE this convoluted intention to
include a representative of DHHL on the Water Board... on OTHER portions of this HCC this Body COUNTY
COUNCIL, THE MAYOR, A NUMBER OF ITS DIRECTORS, and indeed even the highest elected official in this
State of Hawaii the Governor, in accordance to Sec. 206, HHCA, 1920 (OTHER OFFICERS NOT TO CONTROL
HAWAIIAN HOME LANDS, EXCEPTIONS (the powers and duties of the governor and the board of land and
natural resources in respect to lands of the State, SHALL NOT EXTEND TO LANDS HAVING THE STATUS OF
HAWAIIAN HOME LANDS, except as specifically in this title...
So in closing even well intentioned legislation like this charter amendment being proposed and supported by members
of this council, staff of DHHL and beneficiary's association I would only ask that ALL of the clarifications I am
1 Comm.No. %1 G-1
Ref.To: I -1
Ref.[date .
requesting be given and shared in a timely manner so we do not further cloud this matter going forward by having in
this case non natives (general public voters) if this amendment passing will move to the General Electorate.
Notwithstanding any currently held MOU(memorandums of understandings) between this County& DHHL,
unresolved taking of trust lands by the Territory, State, Federal & County government in the past and no resolution
forthcoming...
I DO NOT SEE THIS AMENDMENT BEING IN THE BEST INTEREST OF THE (n)ATIVE HAWAIIANS OR
BETTERING THE CONDITIONS OF THE (n)ATIVE HAWAIIANS AS DEFINED... so due diligence on all
parties is a necessary evil
PK
2