Crooks and Cronies on the Move in Primary Races
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OHA Tells Supreme Court: State Cannot Stop Trustees from Stealing Money
CB: … What began as a $23,000 fine for dozens of violations of the state ethics code five years ago has evolved into a constitutional argument over the independence of an agency mandated to better the lives of Native Hawaiians.
The lawsuit, Rowena Akana vs. Hawaii State Ethics Commission, was heard by the Hawaii Supreme Court Tuesday. While a decision is not expected until later this year, the ruling could significantly affect how the commission as well as the Office of Hawaiian Affairs operates.
Attorneys for Akana, a former longtime OHA trustee, argue that the ethics commission did not have the authority to fine Akana for 47 violations of the state ethics code, as it did in 2019.
The commission determined that the trustee had accepted illegal gifts valued at over $21,000, failed to report gifts valued at over $50,000 in a timely manner and used her annual trustee allowance for personal benefit or political contributions.
The violations included claiming reimbursement for home cable television service, buying food for her and OHA staff, an Apple iTunes gift card and Hawaiian Airlines Premier Club membership….
In its legal brief, attorneys for OHA urge the high court to reverse a decision by the Intermediate Court of Appeals in January of this year that affirmed the ethics commission’s actions. At the core of OHA’s argument is that, because OHA trustees use proceeds from ceded lands, OHA alone has discretion over how those resources are used.
“The outcome of this appeal will have ramifications well beyond Petitioner-Appellant’s rights, which may impact or impede OHA and its trustees from fulfilling their duties,” the brief states. Those duties include a trustee’s fiduciary obligations….
In its response, the attorney general’s brief counters that the case is not about whether the ethics commission has the authority to shape how OHA trustees use ceded land proceeds. And the ICA’s ruling against OHA does not threaten its semi-autonomy nor impinge on fiduciary duties.
Rather, it’s about whether the ethics commission has the authority to deal with violations of the state ethics code by OHA trustees as it does for other state employees.
“It unquestionably does,” the AG’s brief posits. “As state employees, OHA trustees are plainly subject to the State Ethics Code and, by extension, the Commission’s authority to enforce the code.”
The AG points out, for example, that OHA has held workshops and presentations with trustees regarding compliance with the state ethics code — known as Hawaii Revised Statutes Chapter 84 — and it regularly reminds them of their obligations. And OHA in its own executive policy manual says trustees “shall abide” by Chapter 84.
“And OHA trustees have certainly acted as if they are bound by the State Ethics Code (as they undoubtedly are),” the brief says. “Public records indicate, for example, that OHA trustees have long filed financial disclosure statements with the Commission, the Commission has responded to written requests for exemptions from OHA trustees, and OHA employees have completed the Commission’s mandatory ethics training.”
In their questioning of the attorneys, Associate Justice Todd Eddins and Chief Justice Mark Recktenwald appeared skeptical of the political subdivision argument. But Associate Justices Sabrina McKenna and Vlad Devens seemed open to the contention that OHA is a unique agency, given its trust obligations, and so has some degree of independence from the state….
BACKGROUND: Mafia News: Andy Winer Law Partner ‘a lock’ on Supreme Court Nomination
April, 2024: OHA Above the Law? One Trustee Says 'No'
read … Court Ruling Could Have Major Impact On State Oversight Of The Office Of Hawaiian Affairs
Felony News: Trask Still Flogging Roberta Cabral’s Geothermal Scheme
SA: … The Native Hawaiian-owned IDG Group (owned by Unity House Felon Roberta Cabral) got involved with several projects from the planning and consultation stages right through to development. Each project reflected our native-to-native approach: shared profits; low environmental impact; cultural protections; and long-term benefits to the host communities.
We have tested and learned both the science and economics of geothermal. We have kept abreast of the latest developments. We believe that it is possible to bring the same business acumen, legal expertise and cultural sensitivity to the table to deliver for the people of Hawaii.
(TRANSLATION: Trask is leaving the OHA Board of Trustees after raking in $10M on geothermal schemes and Kakaako Makai lobbying fees. One more for the road?)
Waika Consulting, under the umbrella of the IDG Group, has already identified leading global experts in the field of geothermal energy. The IDG Group is dedicated to developing community-based partnerships and delivering projects that are socially responsible, environmentally sustainable, culturally appropriate and economically feasible.
(TRANSLATION: Our former New Zealand partners have moved on.)
We have identified potential collaborators with stellar credentials from countries like Iceland that have a demonstrated commitment to developing geothermal energy in ways that match our mission.
(TRANSLATION: Geothermal is cheap electricity. Our new Icelandic ‘partner’ understands we will profit by making it expensive.)
REALITY:
read … Column: Tap geothermal energy for isle future
Trust will remain broken when accountability lags
Shapiro: … Randall Roth lit a flame 27 years ago that still burns brightly.
In 1997 the University of Hawaii law professor was alarmed by the malfeasance of Kamehameha Schools/Bishop Estate trustees, who had turned the $10 billion trust founded by Princess Bernice Pauahi Bishop to educate Native Hawaiian children into essentially a private investment club that paid each of the five trustees more than $1 million a year….
Roth says he’s proud of the impact of “Broken Trust” but disappointed that public corruption persists in crimes such as those committed by former Honolulu Police Chief Louis Kealoha and his prosecutor wife, Katherine, who he believes were emboldened because Bishop Estate trustees and their enablers were never held fully accountable.
“The people in power at the time just kind of brushed it under the rug and said, ‘We want to look forward, not back, we want closure and healing,’ where we needed transparency and accountability.”…
LINK: Broken Trust - Randall Roth
read … David Shapiro: Trust will remain broken when accountability lags
Is there a deadline for exiting Shift and Save?
SA: … Question: Regarding Hawaiian Electric’s time-of-use rate plan called Shift and Save: I thought we could opt out at any time, but now I am hearing it has to be before the August bill. There seems to be conflicting information, or perhaps I am confused. I would like to see how my bill goes, but don’t want to lose the option to get out. Please clarify.
Answer: You can dis-enroll at any time, but if you have been in the pilot program since it began Feb. 1, the six months’ credit that protected your bill from surging even if you used electricity at peak-rate times will expire July 31. Such customers must opt out before receiving their August bill to avoid a billing cycle without the credit, said Darren Pai, a spokesperson for Hawaiian Electric. No action is needed now if you wish to remain in the yearlong pilot program, or if you want to stay in at least one more billing cycle to see how your household fares without the credit.
July 1, 2024: 'Shift and Save' -- 16,000 Hawaiian Electric Customers Can Escape --if they act now
read … Kokua Line: Is there a deadline for exiting Shift and Save?
Is Growing Your Own Food Considered Agriculture? Hawaii County Says No
CB: … Jeffrey Dias, a 71-year-old cattle rancher on the Big Island, has been working the same 7 acres of land for the past 40 years. According to his sister, Sheila Dias, the land has been in the family for generations.
“Our father worked on that land,” she said. “Our father’s father worked on that land. We were born and raised here, and we’re one of many born and raised here.”
While the family occasionally sells its cattle to feedlots, their land is primarily used for subsistence farming — something that they said used to warrant a tax break, making the land reasonably affordable.
Now, thanks to a series of Hawaii County bills designed to restructure the island’s agriculture programs, the Dias family could be slapped with a 1,900% increase in taxes, making them pay up to $4,000 a year….
While two new programs are being introduced, some property owners are finding that they don’t qualify for either of them, leaving them at a loss for how they can continue working their land.
According to council member Heather Kimball, who introduced the bills, the changes are meant to ensure that people benefitting from the county’s agriculture programs are legitimately “doing agriculture,” but not everyone agrees on what that means.
As Big Island property owners come to terms with the changes, some are questioning the county’s broader agenda and the role of subsistence farming in the community.
Bills 57 and 58, which both passed last year, call for the restructuring of the county’s agriculture programs, which allow participating property owners to save on taxes. The long-term program, which caters to farmers and ranchers on a 10-year plan, is still in existence. But the bills call for sunsetting the non-dedicated program.
The county created the non-dedicated program for farmers and ranchers who were just starting out and couldn’t commit to a longer program, according to Kimball. She said that there was no documentation required for the one-page application….
HTH: ‘We do it for love, not money’: Strong opposition to proposed changes to ag lot taxes
read … Is Growing Your Own Food Considered Agriculture? Hawaii County Says No
Residents Say Indefinite Closure Of Park Leading To Haiku Stairs Is Unfair
CB: … The dismantling process started in April. While the hike has been illegal for years, the city ramped up police enforcement to stop trespassers eager for one last hike.
In May, the state closed a Moanalua trailhead that had been used as the legal back way to the summit, citing safety concerns related to construction.
Hikers continued to trespass on that trail, leading the city to close the adjacent Moanalua Valley Neighborhood Park in June. These closures will last the roughly six months of the dismantling, officials said.
But an ongoing legal battle ensures that the dismantling will be delayed, and some Moanalua Valley residents are upset that it might prolong the closure of their park….
read … Residents Say Indefinite Closure Of Park Leading To Haiku Stairs Is Unfair
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