HAC General Meeting Tonight

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

Judge Rules State Breached Trust Duty At Pōhakuloa

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)

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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

Congressional District Candidate Forum

Hawaiian Affairs Caucus logo

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

Nominations & Elections for HAC Leadership

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.

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.

HAC EC Agenda Feb. 28, 2018

DEMOCRATIC PARTY OF HAWAII
HAWAIIAN AFFAIRS CAUCUS
EXECUTIVE COMMITTEE MEETING

FEBRUARY 28, 2018, 5:30 P.M.

DEMOCRATIC PARTY OF HAWAII HEADQUARTERS
627   SOUTH KING STREET

Dial in number:  (712) 451-0200, Access Code 938390

AGENDA

  1. Call To order
  2. Pule Wehe
  3. Establishment of Quorum
  4. Approval of Minutes
  5. Treasurer’s Report
  6. Legislative Committee Report
  7. Nomination and Election Committee Report
  8. Unfinished Business
    1. HAC Support of Candidates – Status of List
    2. Democratic Party of Hawaii Convention, May 26-27
      1. Hawaiian Affairs Caucus Presentation
  9. New Business
    1. Virtual Convention – Request for Special SCC Meeting
    2. Hawaii Poe Kanaka
    3. OHA Audit Report
  10. Announcements
  11. Adjournment
  12. Pule Ho’oku’u

 

Mahalo To Those Who Attended

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.

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

HAC Meeting Feb. 15, 2017, 6:00 p.m.

Aloha,
Just writing to inform everyone about this evening’s Hawaiian Affairs Caucus meeting.  Thank you to those who have already written with your commitment to attend or to call in.  In Honolulu, the sky is overcast, but am hopeful it will clear up by this evening.  If it doesn’t and you can’t attend the meeting in person, I understand.  Please then consider dialing in.
What: Hawaiian Affairs Caucus Meeting
Place:  Democratic Party of Hawaii, 627 South Street
Time:  6:00 p.m.
Dial in:  (712) 451-0200, Access Code 938390
Download: Hawaiian Affairs Bills PDF
Agenda: See below
Agenda is included, below.  Also, have attached membership form in case you don’t have one on file.  After completion, scan and email to rhondar8@gmail.com.
Leimomi

DEMOCRATIC PARTY OF HAWAII
HAWAIIAN AFFAIRS CAUCUS

GENERAL MEMBERSHIP MEETING
FEBRUARY 15, 2018, 6:00 P.M.
DEMOCRATIC PARTY OF HAWAII HEADQUARTERS
627   SOUTH KING STREET
Dial in number:  (712) 451-0200, Access Code 938390

AGENDA

  • Call To order
  • Pule Wehe
  • Establishment of Quorum
  • Approval of Minutes
  • Treasurer’s Report
  • Approval of HAC Bylaws Amendment
  • Legislative Committee Report
    • – Listing of Bills
    • – OHA Legislative Package-4 bills
    • – OHA Election of Trustees at Large
    • – Mauna Kea Management Authority
    • – DHHL Lessee wait list; exclusion of certain lessees; micro housing
    • – Minimum Wage
    • – Housing, health, agriculture, environment, voting
  • Nomination and Election Committee Report
  • Unfinished Business – None
  • New Business
    • – HAC Support of Candidates
    • – Endorsement or Support Policy
    • – Democratic Party of Hawaii Convention, May 26-27
      •   — Hawaiian Affairs Caucus Presentation
    • – County Conventions
  • Announcements
  • Adjournment
  • Pule Ho’oku’u

 


Aloha,

The Hawaiian Affairs Caucus will be holding its first general membership meeting for 2018 on February 15, 6:00 p.m., at the Democratic Party of Hawaii headquarters. The agenda includes these important areas required for action: 1) Approval of the HAC bylaws amendments earlier transmitted to you; 2) HAC Legislative Priorities; 3) Candidate Support; 4) DPH and County Conventions. If you are not yet a member of the Hawaiian Affairs Caucus, please complete the application at our website,www.hawaiianaffairs.org and transmit to our secretary atrhondar8@gmail.com. Only members of the Caucus can vote on motions at our meeting. Alternately, shoot me an email and I’ll email you the application (leimomikhan@gmail.com).

We kindly ask that you make every effort to attend or call in, especially because we need a quorum of at least 25 to approve the HAC bylaws amendments (a copy is posted to www.hawaiianaffairs.org—scroll to article on Feb 15 meeting). These amendments are necessary in order to allow the HAC to elect its own officers. Otherwise, election would be done by the entire Democratic Party of Hawaii at its convention in May. At the 2016 convention, we fought hard to amend the DPH bylaws to empower caucuses to do so. The approval of the HAC bylaws amendments is at the top of the meeting agenda, so if you can’t attend the full meeting, at least attend in person or call in to vote on the bylaws amendments. Dial in number is (712) 451-0200, Access Code 938390. We have some serious business to do, thus, all Hawaiian Affairs Caucus members are encouraged to attend the meeting.

Wish also to call your attention to the following bills:

– SB 3090, Proposed SD1 that establishes the Mauna Kea Management Authority. Limits the number of telescopes that may be authorized on Mauna Kea. Authorizes the renegotiation of leases, subleases, easements, permits, and licenses pertaining to Mauna Kea. Requires that revenue derived from activities on Mauna Kea be shared with the Office of Hawaiian Affairs. Excludes Mauna Kea lands from the definition of “public lands.” Provides for free access to Mauna Kea for traditional cultural purposes. This bill is being heard on the Senate Committee on Higher Education and the Senate Committee on Water and Land on Feb 12, 1:15 p.m., State Capitol Auditorium. Copies of the proposed SD1 are available from the Senate Document Center and on the Legislature’s website: www.capitol.hawaii.gov. Testimony may be given on line. The Hawaiian Affairs Caucus Executive Committee has taken no position on this bill, but will discuss it at our upcoming general membership meeting.

– SB 1303, Relating to Office of Hawaiian Affairs Elections that would change the method by which candidates for three OHA Board of Trustees-at-large seats without residency requirements are elected passed out with amendments by the Senate Committee on Hawaiian Affairs on February 8 and is heading to the Judiciary Committee.

Lastly, the LGBT and Labor Caucuses are holding a Lt Gov forum this Saturday, February 10, 9:00 a.m. till noon, DPH Headquarters. All are invited to this no-cost event. The Women’s Caucus is trying to put together a table for the DPH fundraiser featuring Senator Amy Klobuchar, Minnesota, Feb 19, 5:30-8:30, Sheraton Waikiki, $250. Contact Amy Monk atamymonk99@hotmail.com for further information.

Me kealoha pumehana,

Leimomi Khan
Chair

 

HAC Briefs Party Leadership on 2018 Priorities

Hawaiian Affairs Caucus Briefs Party Leadership
on Its Preliminary Legislative Priorities for 2018

HAWAIIAN AFFAIRS CAUCUS
Legislative Priorities 2018
DPH Presentation January 11, 2018

Mission:  The Hawaiian Affairs Caucus supports and promotes cultural values of aloha, mālama ‘āina, ho‘okipa, kuleana and, above all, pono, in alignment with the values of the Democratic Party of Hawaii. The Hawaiian Affairs Caucus seeks to address issues of self-determination responsibilities and rights, protection of Hawaiian cultural practices and sacred sites, pono economic development, distribution of wealth to those segments of society most in need, protection of Hawaii’s natural resources (on the ‘āina and in the kai), housing, health, education, and accountability of public servants identified as Democrats to the mission and goals of the Democratic Party of Hawaii with regard to the above objectives.

Legislative Priorities:

  1. Fulfilling the State’s Public Land Trust Revenue Obligations: Nearly 40 years have passed since the state formally recognized that “twenty percent of all funds derives from the public land trust” must be set aside to the Office of Hawaiian Affairs for the betterment of the conditions of Native Hawaiians.  However, after decades of litigation and negotiation over the interpretation of this requirement, in 2006, the Legislature and OHA agreed to $15.1 million as a temporary amount that should be transferred annually to OHA.  Act 178 also required state agency reporting to provide data on what revenue was being generated from the use of public land trust (PLT) lands.  Based on independent audits and the state’s own accounting, this “interim” amount falls far short of the 20 percent of PLT revenues that Native Hawaiians and OHA are entitled to.  INTENT:  This measure will seek to ensure that OHA’s constitutional and statutory right to a pro rata share is more adequately reflected and that the state’s PLT obligations to Native Hawaiians are fulfilled.
  2. Expanding the Native Hawaiian Law Training Course: Since 2015, members of various state boards and commissions have been required to attend an OHA sponsored Native Hawaiian Law Training Course, making key state policy makers more mindful of their legal obligations to Hawaiians, Hawaii’s political history, the public trust, Native Hawaiian traditional and customary rights, water law and Native Hawaiian burials.   INTENT:   This measure would broaden the impact of the highly successful Native Hawaiian Law Training Course by expanding the list of required attendees to include relevant state and county officials, ensuring that a broader range of individuals who develop and implement policies involving our cultural and natural resources are more fully aware of the state’s obligations to Native Hawaiians and the public Trust.
  3. Supporting Housing Security and Asset Building for Low-Income Beneficiaries: Certain Individual Housing Account (IHA) holders can deduct IHA savings from their adjusted gross income up to a certain limit, reducing their state taxes and allowing them to qualify or maintain their eligibility for tax credits and social services as they save to purchase a home or secure a rental unit.  However these deductions are currently not allowed for IHAs administered by Community Development Financial Institutions (CDFIs), including programs used by many of OHA’s beneficiaries.  There is also no deduction for rental IHAs, which are used by houseless individuals and families to secure rental units.  INTENT:  This proposal would promote the financial security of low income beneficiaries who save money in CDFI- administered IHAs by allowing such individuals to deduct their IHA savings from their adjusted gross income.  More specifically, this measure would expand the AGI deduction categories to include CDFI-administered IHA’s and rental IHA’s. The bill also calls for updating the original AGI deduction limits for IHA’s, established in 1982, which have remained for individuals and $10,000 for married couples:  a rental IHA limit of $2500 would also be established.
  4. Reclaiming Na Pili Aina through Hawaiian Cultural Reserves: Hawaii’s Long history of changing land uses and development, in combination with changing socioeconomic and political landscapes has severed the connections between many Native Hawaiians and the lands their ‘ohana have known for generations. Protections currently in place do not serve as a comprehensive mechanism for blanket recognition, nor do they serve to restore resources, sites or practices that underlie the connection between Native Hawaiians and the ‘aina and that have already been displaced or lost by prior land use activities.  Setting aside land in certain developments for  “Hawaiian Cultural Reserves” tailored to accommodate traditional resources and cultural practices specific to their respective locales would more proactively recognize and restore the cultural significance of lands proposed for development and help to restore and perpetuate Native Hawaiian cultural connections that have been lost for decades, if not generations.  INTENT:  This measure would require counties to establish ordinances and rules for the dedication of land in certain proposed subdivisions and condominium property regimes for Hawaiian Culture Reserves purposes, subject to exceptions based on special circumstances to be determined by each county.
  5. More to come: HAC Legislative Committee Meeting, January 25, 5:30 p.m., DPH Headquarters.  Last year, over 80 bills were introduced.  Anticipate that a similar number of bills will be introduced this year covering a range of areas, including appropriations bills, OHA election, Hawaiian language, education, homeless, and health, etc.  The deadline for submission of bills is January 24, thus, after that date, we will have a better idea of bills impacting upon Native Hawaiians.
  6. Hawaiian Legislative Priorities Forum, January 16, 2018: 8:30 a.m.-12:30 p.m., The Native Hawaiian 2018 Legislative Priorities, hosted by the Ho’omanapono Political Action Committee, Room sponsor, Senator Brickwood Galluteria.  Presenters:  HPAC, Hawaiian Civic Clubs, Holomua Pu’uhonua, DHHL, CNHA, SCHHA, Rise2Vote, Native Hawaiian Legal Corp, Native Hawaiian Health Task Force Community Alliance on Prisons
  7. Peace March: January 17, 2018, 9:00 a.m.:  Peace March in observance of the 125th year since the illegal overthrow of the Hawaiian Kingdom from the Mauna ‘Ala Royal Mausoleum to ‘Iolani Palace.  See schedule of events at onipaakakou.org
  8. Year of the Hawaiian: Senate adopted resolution in 2017; awaiting Governor Ige designation.  Watch for activities in support.

HAC Meeting Feb. 15, 2018

Aloha,
The Hawaiian Affairs Caucus will be holding its first membership meeting for 2018 on February 15, 2018, 6:00 p.m., at the Democratic Party of Hawaii. Main topics for discussion include:

1) Adoption of Proposed Amendments to the Caucus bylaws to bring them into conformance with the Democratic Party of Hawaii bylaws that were adopted at the May 2016 convention, specifically such bylaws authorized caucuses to elect its own representatives to the SCC provided its bylaws set forth the processes for doing so. Click here to download a copy of the proposed amendments. A complete set of the 34 page HAC bylaws can be found at: www.hawaiianaffairs.org.

2) Adoption of our 2018 legislative priorities. Meantime, the Executive Committee voted to support the four priorities being advocated by the Office of Hawaiian Affairs. These were published in the recent edition of the Ka Wai Ola.

At our membership meeting, we shall also be discussing the notion of “candidate endorsements.” As many of you know, it’s been long-standing practice to not endorse one Democratic Party candidate over another in the primary, however, with the majority of candidates being Democrats, and to distinguish among those who walk the talk of the Democratic Party Platform from those who do not, it may be time for HAC members to do endorsements. The HAC Executive Committee is thus exploring this possibility. This should make for a healthy discussion at our general membership meeting.

As the legislature opens on January 17, I urge you to become involved. Register to receive bill hearing notices and provide testimonies in support or opposition. If you need help in learning the processes for doing so, call the Public Access Room at 587-0478, email: PAR@capitol.hawaii.gov

Leimomi

LEIMOMI KHAN,
Chair, Hawaiian Affairs Caucus

HAC meeting today, 5:30 p.m., Magic Island

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Aloha e nā hoa,

The Hawaiian Affairs Caucus will be holding its quarterly general meeting TODAY 5:30 p.m., at the Ala Moana Beach Park, Magic Island, Picnic Area 40. After parking in the Magic Island parking lot, walk toward the Diamond head side of Magic Island, facing Waikiki. Follow the walkway and you should see us. If possible, please arrive early. Registration begins at 5:15 p.m.

We encourage you to attend the meeting to learn about the status of the Native Hawaiian legislative bills and our plans for the remainder of 2017. We have a great cultural speaker on an interesting topic in a natural setting. As a caucus, we support and perpetuate the traditions of Native Hawaiians and its proper protocol. Look forward to seeing you. Pupus welcomed.

Here is the agenda for the evening (all times estimated)
5:15-5:30: Sign In
5:30: Call to Order, pule, quorum, secretary’s minutes, president’s report, treasurer’s report, and legislative committee’s report
6:00-6:45: Guest Speaker
6:45-7:00: New Business, Announcements, and Adjournment
7:00: Socialize and enjoy the Hilton Fireworks
8:00: Pau

GUEST SPEAKER
LA‘AKEA SUGANUMA
‘Ōlohe Lua Aīwaīwa
President, Mary Kawena Puku‘i Cultural Preservation Society
THE TRADITIONAL HAWAIIAN ‘AWA CEREMONY

An ancient ritual of the Hawaiian people, the ‘awa ceremony is meant to create a space for open communication and the expression of heartfelt emotion, gratitude and acknowledgement of each other and the earth that sustains us. Traditionally, this ceremony takes place at gatherings of leaders.  La’akea Suganuma will share with us his knowledge of the ceremony as recorded by his grandmother, Tutu Mary Kawena Puku’i.

Mahalo,
Leimomi Khan
HAC Chair