report to governor abercrombie and the hawai‘i state...

Native Hawaiian Roll Commission

Report to Governor Abercrombie

and the Hawaii State Legislature

As Required by Act 195, Session Laws of Hawaii 2011

December 28, 2011

Presented By:

John D. Waihee III, At-Large Commissioner and ChairmanNlehu Anthony, Oahu Commissioner

Mhealani Perez-Wendt, Maui CommissionerRobin Puanani Danner, Kauai Commissioner

Lei Kihoi, Hawaii Commissioner

TAbLe of ConTenTS

Introduction 4

Commissioners 4

Scope of Work 5

Timeline 5

Status Report to Date 6

Commission budget & expenditures 7

Commission Concerns and/or Recommendations 7

Summary 8

Appendix Act 195, Session Laws of Hawaii 2011

About the Native Hawaiian Roll CommissionIn 2011, the Hawaii State Legislature passed SB1520, which was signed into law as Act 195 by Governor Abercrombie, recogniz-ing Native Hawaiians as the indigenous population of the Hawaiian Islands. The law establishes the Native Hawaiian Roll Com-mission, with unpaid commissioners appointed by the Governor, to certify and publish a roll of Qualified Native Hawaiians. Act 195 calls for the roll to be used to organize a Native Hawaiian governing entity that is recognized by the State of Hawaii, and can be recognized by the United States.

About this Report to the Governor and the Hawaii State LegislatureAct 195 specifically requires a report to be submitted by the Commission at least twenty days before the opening of the Hawaii State Legislative session which begins on January 18, 2012. This report is mandated to include expenditures, and may include any concerns and/or recommendations by the Commission.

Introduction

On July 6, 2011, Hawaii Governor Neil Abercrombie signed into Law Act 195, which formally recognizes the Na-tive Hawaiian people as the only indigenous, aboriginal, maoli people of Hawaii and establishes a Native Hawaiian Roll Commission responsible for preparing and maintaining a roll of qualified Native Hawaiians.

In addition to preparing and maintaining the roll, the Commission is responsible for certifying that the individuals on the roll meet the Acts definition of qualified Native Hawaiian; publishing notice of the certification of the roll; updating the roll as necessary; and publishing notice of the updated roll. The governor must dissolve the Commis-sion after receiving notice from the Commission that it has completed its work.

Under Act 195, the roll will determine eligible individuals that wish to participate in the process of reorganizing a Native Hawaiian government for the purposes of Native Hawaiian self-governance recognized by the State of Hawaii. Act 195 also expresses the States desire to support federal government recognition of a Native Hawaiian government.

Act 195 housed the Commission within the Office of Hawaiian Affairs (OHA) for administrative purposes only. OHA is responsible for funding the Commission, and has pledged its support to facilitate and support the important work of the Commission.

Section 5 of Act 195 requires the Commission, in cooperation with OHA, to report to the Governor and the Legis-lature, no later than 20 days prior to the convening of the Regular Session of 2012, on the status of roll preparation, expenditures related to the Commissions responsibilities and any concerns or recommendations by the Commis-sion. This report responds to the directive in Section 5 of Act 195.

Commissioners

Act 195 required the Governor of Hawaii to appoint a five-member commission within 180 days of enactment. Governor Abercrombie established an open process for nominations to the Commission to be submitted for con-sideration. On September 8, 2011, Governor Abercrombie appointed five Hawaii residents, one from each county and one to fill the at-large seat.

Commissioner John D. Waihee III (atlarge member and Chairman) was Hawaiis first Native Hawaiian governor, serving from 1986 through 1994. He served as a delegate to the 1978 Hawaii State Constitu-tional Convention, was instrumental in the creation of the Office of Hawaiian Affairs, and created the first Sovereignty Advisory Commission in 1993.

Commissioner Nlehu Anthony (City and County of Honolulu, Island of Oahu) is Chief Executive Director of iwi TV, Principal of Palik Documentary Films, Director and Executive Producer of hai lelo Ola (Hawaiian language news), a member of the Polynesian Voyaging Society, and a captain for interisland and coastal sails.

Commissioner Robin Puanani Danner (Kauai County) is President and Chief Executive Officer of the Council for Native Hawaiian Advancement. She is experienced in the area of federal trust responsibilities to native peoples and native-federal government relationships. She has management experience in the nonprofit, for-profit, and government sectors.

4 Native HawaiiaN Roll CommissioN | RepoRt to GoveRNoR abeRCRombie aNd tHe Hawaii state leGislatuRe

Commissioner Lei Kihoi (Hawaii County), a former staff attorney for Judge Walter Heen, is a trained counselor in hooponopono, mediation, and facilitation. She also was a legislative attorney for the State Senate. Lei has served on the boards of Hui Hnai (Queen Liliuokalani Trust); the Polynesian Voyaging Society; the Native Hawaiian Bar Association and E Mau N Ala Hele. She currently serves on the Public Broadcasting Service Advisory Board.

Commissioner Mhealani Perez-Wendt (Maui County) was the Executive Director of the Native Hawai-ian Legal Corporation for 32 years. The corporation has litigated landmark cases including Public Access Shoreline Hawaii v. State, and Waihole Community Association v. State. Commissioner Wendt has served as President of Hui Naauao Sovereignty and Self-Determination Education Project, a member of the Hawaiian Sovereignty Elections Council, and elected delegate to the Native Hawaiian Convention, Aha iwi Hawaii.

Scope of Work

The scope of work to be implemented by the Commission is set by Act 195. The following step-by-step summary of Act 195 provides the framework for the work to be accomplished:

Step 1. The Native Hawaiian Roll Commission will hire and appoint an executive director and other personnel as are necessary to perform the duties required, funded by the state Office of Hawaiian Affairs.

Step 2. The Native Hawaiian Roll Commission created will report to the Governor and Legislature at least twenty days before the opening of the Hawaii State legislative session beginning on January 18, 2012.

Step 3. The Commissioners and the executive director of the Commission will create and implement a process by which individuals can enroll and be certified as meeting the criteria set out in Act 195 for inclusion on a roll of Qualified Native Hawaiians.

Step 4. The Commission will publish notice of the certification of the Qualified Native Hawaiian roll. The act has provisions for the commission to update the roll as necessary, and publish same.

Step 5. The Governor will receive notice of the Commission having published notice of an updated roll of Qualified Native Hawaiians, and will then dissolve the Commission.

The Native Hawaiian Roll Commission is charged with three basic functions:

Creating the process by which individuals voluntarily enroll and are certified as Qualified Native Hawai-ians;

Implementing enrollment and certification; and

Publishing an initial and updated roll of Qualified Native Hawaiians.

Timeline

The Commission has begun the process of developing its work plan, based on its scope of work as defined in Act 195. An approved and adopted work plan is scheduled to be acted upon in January 2012. This work plan, which will include a timeline, will be available to policymakers and the public shortly thereafter.

Native HawaiiaN Roll CommissioN | RepoRt to GoveRNoR abeRCRombie aNd tHe Hawaii state leGislatuRe 5

The timeline will include the following elements:

Communications and educational activities, including web-based activities

Outreach efforts, including organizational partnerships and volunteers

Registration goals, procedures, and logistics

Verification procedures and logistics, including procedures for challenge and appeal

Engagement and use of existing databases, lists and registries

Publication of the roll

Status Report to Date

Once established by Governor Abercrombie on September 8, 2011, the Commission began its work immediately, setting three meetings for the remainder of the 2011 year for October 14, November 18 and December 16. Follow-ing are the most notable activities of the Commission in its short tenure of 3 months:

Administration

The Commission worked well with staff and the Chair of OHA to establish offices at 711 Kapiolani Boule-vard, Suite 1150 in Honolulu, with sufficient space and amenities to hold public meetings and for future staff and volunteers.

The Commission determined a minimum meeting schedule of monthly on the 3rd Friday of each month, with additional meetings as may be needed. Procedures for posting the agenda of all meetings were acted upon, including a standing agenda item for testimony from the public.

The Commission took action to advertise its Executive Director position to receive interested applications. In the interim, the Commission appointed Mr. Clyde Nmuo to serve as the Executive Director for a term of at least 6 months beginning January 1, 2012.

The Commission received training on state boards and commissions along with the sunshine laws of the State of Hawaii.

The Commission reviewed the OHA approved budget for the Commission through June 2012 and received briefings on state budget processes and timelines.

Commissioner Assignments

Chairman Waihee assigned each Commissioner areas of responsibility as follows:

Commissioner Wendt Administration & OHA LiaisonCommissioners Kihoi and Anthony Media and OutreachCommissioner Danner Overall Work Plan Commissioner Waihee - Mission

As a result, the Commission began discussing and drafting a Budget Plan, a Community Outreach Plan, a Media Plan and an Overall Work Plan. Commissioners have set a workshop session for January in addition to its regular meeting to deliberate and finalize these planning documents. Each of the components will be coordinated into a single document, available to the public.


Commission budget & expenditures

Through approval of action item BOT #11-01, OHAs Board of Trustees authorized the allocation of funds in the amount of $381,240.00, from its FY 2012 Total Operating Budget for the purpose of the operations of the Com-mission. A line item Commission Budget representing this amount will be produced and included in the Overall Work Plan.

As of December 27, 2011, $15,771.15 has been expended for operations and travel relating to Commissioner Du-ties and Roll Commission offices.

Commission Concerns and/or Recommendations

In three short months, the Commission has convened and participated in excellent dialogue to map out the activities to be undertaken. The areas of concern or areas of recommendation that have arisen are as follows:

non-Resident Commissioner. There was interest in the at-large seat potentially going to a non-Hawaii resident, in representation of the many Native Hawaiians who reside outside of the Hawaiian islands. Names of potential candidates were received by the Governors office. However, other laws preclude the appointment of non-residents to boards and commissions of the State of Hawaii.

Mission & Spirit. The Commission understands that creating a vessel for Native Hawaiians to sign on to an official register has historical and cultural importance and is not just a bureaucratic act.

It takes note of ways in which processes have divided Hawaiians, and the commission is resolved for this to be a process of lkahi unity.

The Commission understands that their kuleana responsibility is to publish a roll of qualified Native Hawaiians with the intent to facilitate the process under which Native Hawaiians may independently com-mence the process of Nationhood.

The Commission understands that there are varied views as to how the process of Nationhood should be achieved. The Commission respects these views with the values of aloha, hihi (respect), mlama (to care), and ike pono (to understand what is fair).

The Commission believes that in order to achieve its mission, it is important to strive for laulima (coop-erativeness), lkahi (unity), to be onipaa (steadfast) and to do what is pono (right), with the support of ohana (family, including ancestors).

Timeline. The Commission understands that there is urgency for timely completion.

Timeliness needs to include thoughtful measures to ensure robust outreach and the integrity of the registration.

Confidentiality and Privacy. The Commission is concerned about the confidentiality of documents and information obtained in the process of applying, verifying, challenging, or appealing. This informa-tion should be considered private and confidential, to be used only for the purposes of applying, verifying, challenging, or appealing, and not available to the general public under the Hawaii Uniform Information Practices Act or other laws.



Summary

The Native Hawaiian Roll Commission expresses its appreciation to Governor Abercrombie, to the Hawaii Legis-lature and to OHA Chair Machado and the Board of Trustees. Act 195 is landmark legislation that honors the right to self governance of Hawaiis indigenous people, and advances many decades of work by many people.

The Commission is getting setup with the assistance and cooperation of the Office of Hawaiian Affairs trustees and staff. Offices have been established, and a small staff has been hired. The Commission will have a planning session in early January. A work plan, including timeline, will be available shortly thereafter.


Appendix: Act 195, Session Laws of Hawaii 2011

10 Native HawaiiaN Roll CommissioN | RepoRt to GoveRNoR abeRCRombie aNd tHe Hawaii state leGislatuRe appeNdix: aCt 195, sessioN laws of Hawaii 2011

Native HawaiiaN Roll CommissioN | RepoRt to GoveRNoR abeRCRombie aNd tHe Hawaii state leGislatuRe 11 appeNdix: aCt 195, sessioN laws of Hawaii 2011

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