Aloha e nā hoa,

This is a reminder that there will be a general membership meeting this evening at 5:30 p.m. at the Democratic Party of Hawaiʻi headquarters. Election of new officers for the 2018-2020 term will highlight tonight’s agenda. Please arrive early as we will start on time.

Mahalo,
HAC Executive Committee

FOR IMMEDIATE RELEASE

April 3, 2018

Media Contact:
David Kimo Frankel
Ph: (808) 345-5451
Email: davidkimofrankel@hawaiiantel.net

JUDGE RULES THE STATE BREACHED ITS TRUST DUTY AT PŌHAKULOA

(Honolulu,HI) In a bombshell ruling, a circuit court judge has ruled that the Department of Land and Natural Resources breached its trust duty to mālama ‘āina with respect to the lands the state leases to the U.S. Army at the Pōhakuloa Training Area, located on the island of Hawai‘i. Circuit Court Judge Gary Chang issued an order requiring the department to inspect the area to ensure that the Army is complying with the terms of the lease it entered into in August 1964. He also barred the department from entering into a new lease until the board of land and natural resources renders a written determination that the Army is complying with the terms of the existing lease, which expires in August 2029.

In August 1964, the federal government and the new State of Hawai`i signed a 65-year lease allowing the Army to use 22,971 acres of state land at Pōhakuloa for one dollar. The lease required the Army to “make every reasonable effort to . . . remove or deactivate all live or blank ammunition upon completion of a training exercise or prior to entry by the said public, whichever is sooner” and to “remove or bury all trash, garbage or other waste materials.”

In April 2014, Clarence Ching and Maxine Kahaulelio, represented by the Native Hawaiian Legal Corporation, sued the department of land and natural resources for its failure to monitor whether the United States complied with the terms of the Lease. At a trial in 2015, Ching and Kahaulelio demonstrated that military debris, including unexploded ordnance, is scattered across the landscape.

Judge Chang found that the department of land and natural resources has been “aware that military training activities on [Pōhakuloa] pose a significant and substantial risk of harm or damage” to state lands.” He also found that the department’s failure to perform its duties “has harmed, impaired, diminished, or otherwise adversely affected [Ching and Kahaulelio’s] cultural interests in [Pōhakuloa].”

The court concluded that the department of land and natural resources has an affirmative “duty to mālama ‘āina.” “While the principle rests on firm precedent, this is the first time a court has used this term to describe the state’s duties” according to David Kimo Frankel, one of the attorneys in the case. Clarence Ching added, “Everything we do is for the ‘āina.”

(see attached)

• NHLC Ching Release
• Court Ruling

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About the Native Hawaiian Legal Corporation:

The Native Hawaiian Legal Corporation (Native Hawaiian Legal Corporation) is a 501 (c)(3) non-profit, public-interest law firm with a practice that is concentrated in the area of Native Hawaiian Rights law. NHLC provides legal assistance to families and communities engaged in perpetuating the culture and traditions of Hawai`i’s indigenous people. Founded by several grass roots leaders in 1974, NHLC was initially a volunteer-run referral service. The high demand for direct help, especially from families in need of legal assistance to protect their ancestral lands, transformed NHLC into a law firm that now provides legal help to approximately 400 clients annually. For more information, visit www.nhlchi.org

Aloha e nā hoa,

Hawaiian Affairs Caucus members are encouraged to attend this Saturday’sforum on candidates running for Congressional districts one and two. Details as follows:

Congressional Forum:  The LGBT, Labor, and Hawaiian Affairs Caucuses are hosting a Congressional District candidate forum this Saturday, March 17, 10:00 a.m., at the DPH Headquarters, 627 South Street, Ste 105, Honolulu. Doors open @ 9:15 am. Please attend.

The forum will feature:
Congressional District 1 candidates Senator Donna Mercado Kim, Representative Kaniela Ing, and Lieutenant Governor Doug Chinn.

Congressional District 2 candidates Sherry Campagna and Representative Tulsi Gabbard (pending acceptance of invitation).

Talk Story: After the forum we will have a gathering to provide all the candidates, that can stay, time to talk story with the audience. Light refreshments will be served.

Audience: This forum is open to all members of the Democratic Party of Hawai’i as well as the general public.

Dial-in Number: If you can’t make it in person we will be using the DPH’s video-conference system as well as broadcasting via Facebook Live.

Teleconference: Dial-in Number: (712) 451-0200 Access Code: 938390

Video conference: Online Meeting Link: https://join.freeconferencecall.com/dph2017
Online Meeting ID: dph2017

Me ke aloha pumehana,
Leimomi Khan
HAC Chair

The Hawaiian Affairs Caucus is seeking nominations for its officers, at Large, and SCC positions for the term April 2018 to March 2020.  Members are encouraged to apply for these leadership positions.  A complete description of the duties and qualifications for these positions can be found in the HAC bylaws posted at its website, www.hawaiianaffairs.org.  A summary follows at the end of this communication.

• 2018 HAC Officers Nomination Form
• 2018 HAC SCC Representative Nomination Form

Nomination forms are attached.  Email completed forms to Kealii Lopez, Chair of the Nominations and Elections Committee, at kealii.lopez@gmail.com; or mail to Hawaiian Affairs Caucus, c/o Democratic Party of Hawaii, P.O. Box 2041, Honolulu, Hawaii 96805-2041 to be received by not later than March 8, 2018.

Election will be held at the Hawaiian Affairs Caucus General Membership Meeting scheduled for April 11, 2018, 6:00 p.m., at the Democratic Party Headquarters, 627 South Street.  Per the Hawaiian Affairs Caucus bylaws, only those who have been members of the Party and the Caucus as of January 31 of the year of the election are eligible to vote in the election.  The caucus Secretary, with the assistance of Party staff, shall certify the list of members eligible to vote.

Positions and Summary of Duties

Chair:  Preside over meetings; supervise the work and activities of the organization; countersign all checks; submit annual report to the membership; appoint committee chairs; act as chief spokesman for the Caucus on legislative and other matters; and perform such other duties which usually pertain to that office.

First Vice-Chair:  In the absence of the Chair, shall perform all of the duties of the Chair; serve as the Executive Committee liaison for any and all standing and other committees assigned to him/her by the Chair; and be responsible for securing meeting places for caucus meetings and arranging the logistics for such meetings.

Second Vice Chair:  In the absence of the Chair and First Vice-Chair, shall perform all of the duties of the Chair; serve as Executive Committee liaison for any and all standing and other committees assigned to him/her by the Chair; any other such duties and responsibilities as may be assigned by the Chair.

Secretary:  Write minutes of meetings; prepare and disseminate all correspondence; receive all correspondence; maintain the membership list.

Treasurer:  Receive all funds paid to the Caucus; make approved disbursements; maintain accounts open at all times to the Executive Committee, Chair and auditors; submit Treasurer’s reports; etc.

At Large Members (O‘ahu-2; Hawai’i-1, Kauai 1, and Maui 1):  Serve on the Executive Committee, assist the Vice Chairs with the general membership and Executive Committee meetings, and perform other tasks as assigned by the Chair.

SCC Representatives (Two different genders):  Serve as liaisons to the State Central Committee; attend SCC meetings, prepare necessary reports to the SCC and the Caucus, and carry out the responsibilities outlined in the Democratic Party of Hawai’i Constitution and Bylaws.

Qualifications:  To serve in any of the positions that comprise the Executive Committee, the nominee must provide a written statement certifying that he/she meets the qualifications as described on the nomination form and required by the HAC bylaws.

Questions may be directed to the Nomination and Elections Committee Chair, Kealii Lopez at kealii.lopez@gmail.com.

Aloha,

I wish to thank all of you who attended the recent Hawaiian Affairs Caucus general membership meeting.  We did great work with approving the bylaws and the Hawaiian Affairs Caucus legislative agenda.

I have attached a summary of the position taken on the various bills, some carried over from 2017.  I have also included the email sent to Senator Taniguchi this morning asking for a hearing on SB1030, the OHA Trustee at Large Election bill.

• Download summary document

The next meeting of the Caucus will be on April 11, 6:00 p.m. at the DPH headquarters.  The main topic of that meeting will be election of officers for the term from April 2018 to March 2020.  Please watch for the nomination papers.

Leimomi Khan