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HomeMy WebLinkAboutRES 221 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 221 A RESOLUTION URGING GOVERNOR BENJAMIN J. CAYETANO TO APPOINT THE PRESENTLY SITTING TRUSTEES TO THE BOARD OF THE OFFICE OF HAWAIIAN AFFAIRS. WHEREAS, on November 7, 1978, a majority of all the voters of Hawaii approved amending the State Constitution by creating the Office of Hawaiian Affairs ("OHA"), said agency to be governed by a board of trustees, "elected by qualified voters who are Hawaiians"; and WHEREAS, the present trustees, with the exception of the recently appointed successor- Trustee from Kauai, were duly elected by the process approved by the people of Hawaii; and WHEREAS, on February 23, 2000, the Supreme Court of the United States held in Rice v. Cavetano (No. 98-818) that "the Fifteenth Amendment invalidates the electoral qualification based on ancestry" with regard to the election of OHA trustees; and WHEREAS, the Supreme Court did not rule on the validity of past OHA elections, and the Supreme Court, in the four opinions written in Rice (majority, concurring and two dissenting), did not in any way question the authority of the present boazd nor did it issue any orders relating to the tenure of the present board; and WHEREAS, before the Rice decision, a number of the board seats were scheduled to be voted on in the 2000 General Election and it is now probable that all trustee positions will be so voted on this November; and WHEREAS, despite the relatively short period of time before the General Election, there may be a need to eliminate any doubts about the ability of the board to transact business on behalf of OHA; and WHEREAS, pursuant to §17-7, Hawaii Revised Statutes, the Governor is vested with the authority to appoint trustees to fill any vacancies in the membership of the board; and WHEREAS, the Governor has stated an intention to appoint eight trustees, none of which aze present members, to serve until an election can be held in accordance with the terms of the Rice decision; and WHEREAS, such a course of action could invite further litigation, place into question the independence of the board and impede the ability of OHA to function; and WHEREAS, such action is not required by the Supreme Court and goes far beyond the spirit and letter of the Rice decision; and WHEREAS, the decision of the Supreme Court must be complied with; however, the constitution and laws of the State of Hawaii must also be respected and obeyed to an extent that it is consistent therewith. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it strongly urges Governor Benjamin J. Cayetano to take what it considers the most prudent and fair interim course prior to the 2000 election, one which complies with the Rice decision, yet one which is respectful of the results of the electoral process adopted by a majority of all the voters of the State of Hawaii, and one which would be the least disruptive to the continuity and operations of Office of Hawaiian Affairs prior to such election. BE IT FURTHER RESOLVED that the Governor is therefore urged to appoint the presently sitting members of the OHA Board of Trustees to serve on an interim basis until trustees can be elected in the 2000 General Election in accordance with the Fifteenth Amendment of the United States Constitution, as required by the Rice decision. BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to Governor Benjamin J. Cayetano, Mayor Stephen K. Yamashiro, the Trustees of the Office of Hawaiian Affairs, Speaker of the House Calvin K.Y. Say, and Senate President Norman Mizuguchi. INTRODUCED BY: 1 C ~ COUNCIL MEMBER, COUNTY O HAWAII COUNTY COUNCIL ROLL CALL voTE County of Hawaii Aves Noes ABS Ex H110, Hawaii ARAKAKI X CHUNG g I hereby certify that [he foregoing RESOLUTION was by ELARIONOFF X The vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X County of Hawaii on Mai'Ch 13, 2000 LEITHEAD-TODD X PISICCHIO X ATTEST: SMITH TYLER YAGONG X 9 0 0 0 Reference: C-678 COUNTY CLE CHAIRMAN & PRESIDING OFFICER RESOLUTION NO._ _ r.27..