HomeMy WebLinkAboutCOM 0750.000 1998-2000
April 7, 2000 -
James Arakaki,
Council Chairman, County of Hawaii =
25 Aupuni Street
Hilo, Hawaii 96720
Subject Matter: Acceptance of Private Sewer Lines;. Official
language of the State of Hawaii, denigrated at 4/5J~O,
County Council meeting.
Aloha Mr. Arakaki,
I am Patrick Le'o Kahawaiola'a, a Native Hawaiian as defined
under the HHCA, 1920, as amended. I am also the Director of a
Native Hawaiian organization called Aupuni `O Hawaii, who for
years, have being trying to resolve the burning question that
seems to have been answered by the Office of the Corporation
Counsel, in general and specifically by, Deputy Corporation
Counsel Gerald Takase on April 5, 2000, at a County Council
meeting when his answer to a question posed by Councilman Curtis
Tyler, Does the County of Hawaii have jurisdiction on
Hawaiian Home lands?", to which Mr. Takase's answer was "NO!"
It is an undisputed fact that the Local Government's police
powers, mandated under the Hawaii Constitution Article XII,
Compact implementing 94 and §5(f) of the Admissions Act (Public
Law 86-3, 73 Stat. 4), to compel the Local Government, who
continues to ignore the U.S. Congress (promisor) and the State of
Hawaii and it's people (promisees), by contractual obligation
(compact) for the intended Hawaiian Home lands beneficiaries'
property rights, described for their benefit, in §4 and §5(f), of
the Admissions Act.
It is an undisputed fact that you and the State official's
(DHHL) actions, are to justify against criminal liability, by an
overthrow of the Native Hawaiian trust, done by FRAUD, done by
Acts in furtherance of the CONSPIRACY, which now is resulting in
damages, [a decrease of benefits to the beneficiaries of the
Act], (compensation for the improper use of Hawaiian Home lands,
by the diversion of the proceeds and income, which will benefit
the GENERAL PUBLIC, rather than the beneficiaries of the Act) to
the Native Hawaiian's benefits in §4 and §5(f), State-Compacts.
It is an undisputed fact that the County of Hawaii, as a
non-administrator, of the Commission, Act, is restricted from
increasing the encumbrances on lands having the status of
Hawaiian Home lands, except with the consent of the Congress. It
is clear that the Deputy Corporation counsel, Gerald Takase, is
Comm. No. 715,0
1 File No. ttAW
iter. To:
APR 1 9 2000
Fief, Ds~te
hiding and suppressing the fact, that he and his office
acknowledges that THE FUNDAMENTAL DOCUMENT DOES NOT EXIST.
Absent the consent, this County is also forbidden from
accepting and/or entering into any contracts and/or agreements,
of the nature of a third party agreement,(TPA), in that the
acceptance of the Maryl Group Inc.'s private sewer line, on our
trust lands, is not one of the specific purposes lawfully allowed
under "your" County charter. The Act clearly allows the County of
Hawaii to come on to Hawaiian Home lands and act as it's janitor,
to maintain only the roads, and nothing else. (§220, HHCA).
The actions of the individual County Council members, who
voted to approve this unlawful measure, on representation of the
individual corporation counsel, this NOTICE is expressly
addressed, for it violates the due process of the Native Hawaiian
beneficiaries of those lands in question, thereby subjecting all
those involved in this unlawful action to be sued in their
individual capacity, for the above mentioned actions, which is
not lawfully allowed, pursuant to Article XII, §3, Compact and §4
and §5(f), Hawaii Admission Act.
S nc,rely;
atrick Le'o Kahawaiola'a
260 King Ave
Hilo, Hawaii 96720
(808) 961-5707
P.S.
I do not take exception to the use of the official State
language, the Hawaiian language, in conducting the business of
the County of Hawaii and voting on issues before the Council;
however the display of disrespect for the language shown at the
last vote on acceptance of the sewer lines raises grave concerns
that if the Chair and other members can, by their actions, offend
this Hawaiians, by the connotation that the word "kanalua"
(Doubtful) somehow is associated with "lua" (Toilet; outhouse),
then it appears to this person, that native Hawaiians are not
viewed as equals, and that their issues and concerns, when
brought before this body, should be relegated to the toilet;
outhouse or anyone of it's other written definitions.
Hawaiian dictionary; Mary Kawena Pukui and Samuel H. Elbert;
defines kanalua:
Doubtful; to doubt, hesitate. Members of the Territorial
legislature abstained from voting by saying "kanalua".
and ilia as follows:
Hole, pit, grave, den, cave, mine , crater, Toilet, outhouse
2