by Andrew Walden
OHA Trustees target one of their own for ‘investigation’ -- then chicken out.
UPDATE June 20, 2019: OHA Majority Targets Trustee Akina
Lost in the big news from today’s OHA Board of Trustees meeting about the announcement of the departure of OHA CEO Kamanao Crabbe, OHA Trustees Action Item 19-09, proposing a ‘Permitted Interaction Group’ (PIG) to investigate complaints against a Trustee, appears at the very bottom of today’s 70-page OHA Trustees’ meeting packet.
Trustees voted 8-1 to consider 19-09 in executive session. The lone dissenter, Trustee Keli'i Akina, had argued that the complaints should be discussed publicly. Akina was later seen exiting the executive session meeting. When Trustees returned to open session, they voted 7-0 with two abstentions to defer 19-09 and not create the PIG. Trustees Akina and Bob Lindsey abstained.
The text of Action Item 19-09 did not reveal which Trustee was the subject of the complaint, but presumably it was not one of the three members of the ‘Permitted Interaction Group’ proposed to “investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.”
The three PIG members were to be:
1. Trustee Brenden Kalei'aina Lee; Chair
2. Trustee Carmen Hulu Lindsey; and
3. Trustee John Waihe'e IV
There was no public description of the alleged incident or incidents which sparked the two complaints.
It is not clear what “the duty to obey and support the Board’s decisions” means since Trustees do not give up their right to free speech just because they find themselves in the minority on an issue before the BoT.
It should also be noted that soon-to-be- ex-CEO Crabbe has a record of ginning up fake complaints in order to target or remove those he dislikes. Is this Crabbe’s last revenge?
It is impossible to know without some names and some details.
Here are the agenda items followed by the text of Action Item 19-09:
Office of Hawaiian Affairs
Board of Trustee Meeting
June 6, 2019
10:00 am
V. New Business
…
B. Action Item BOT #19-09: Approval of the
formation of a Permitted Interaction
Group to investigate complaints against a
Trustee for alleged violations of the
Trustee Code of Conduct involving
allegations that the Trustee breached the
duty of care and loyalty to OHA and the
duty to obey and support the Board's
decisions. Pursuant to HRS § 92-
2.5(b)(l)(A).*
* -Action Item was not received at the time of folder distribution.
Once it is received, it will be distributed.
VI. Executive Session*
…
B. Consultation with attorney Kurt W. Klein, Esq. re:
questions and issues pertaining to the Board's powers,
duties, and liabilities concerning complaints against a
Trustee for alleged violations of the Trustee Code of
Conduct involving allegations that the Trustee breached
the duty of care and loyalty to OHA and the duty to obey
and support the Board's decisions. Pursuant to HRS §92-
5(a)(2),(4).
* * * * *
OFFICE OF HAWAIIAN AFFAIRS
Action Item BOT #l9-09
BOARD OF TRUSTEES June 6, 2019
Action Item Title: Approval of the formation of a Permitted Interaction Group to
investigate complaints against a Trustee for alleged violations of the
Trustee Code of Conduct involving allegations that the Trustee
breached the duty of care and loyalty to OHA and the duty to obey and
support the Board's decisions.
Prepared By: Carol Ho'omanawanui Ke 'Aho Kele, Chief of Staff
Reviewed By: Robert G. Klein, Pohaku Kihi Nui, Board Counsel
Reviewed By: Colette Y. Machado, Ke Kauhuhu, Board of Trustees Chair
I. ACTION ITEM
Approve the formation of a Permitted Interaction Group (PIG) to investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.
II. ISSUE
Whether or not the OHA Board of Trustees should approve the formation of a Permitted Interaction Group, consistent with Hawai'i Revised Statutes §92-2.5(b)(l)(A), to investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.
III. DISCUSSION
A. Timeline of Complaints
A complaint against an OHA Trustee was transmitted to the Board of Trustees (BOT)
Chair on April 17, 2019 alleging violations of policies covered under the Trustee Code of Conduct when public statements and comments were made by the OHA Trustee:
1. Duty of Care and Loyalty to OHA, Section 1030 of the OHA BOT Executive
Policy Manual (February 2012); and
2. Duty of Loyalty and Duty of Obedience and Support for Board Decisions,
Subpart 1A, Section A, Subsection 5 of the OHA BOT Code of Conduct and
Sanctions for Violations of the Code of Conduct.
This complaint was distributed to the Trustees via a confidential memo from the Board Counsel dated April 30, 2019.
Another complaint against the same OHA Trustee identified in the first complaint was transmitted to the BOT Chair on May 8, 2019. This complaint alleged violations of policies covered under the Trustee Code of Conduct, similar to the first complaint, when public statements were made by the OHA Trustee:
1. Duties of Care, Obedience, and Loyalty as defined in the OHA BOT Executive
Policy Manual (February 2012) and Subpart 1A, Section A of the OHA BOT
Code of Conduct and Sanctions for Violations of the Code of Conduct.
The second complaint was distributed to the Trustees via a confidential memo from the Board Counsel dated May 14, 2019.
B. Applicable Law in Hawai'i Revised Statutes, Permitted Interaction Group
In accordance with HRS §92-2.5(b)(1)(A), this action item seeks the approval of the Board to create a Permitted Interaction Group to investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.
Hawai'i Revised Statutes (HRS), Chapter 92, Public Agency Meetings and Records, §92-2.5(b )( l) allows for two or more board members (Permitted Interaction Group), but less than the number of members which would constitute a quorum of the board, to investigate a matter relating to official business of the board:
(b) Two or more members of a board, but less than the number of members which
would constitute a quorum for the board, may be assigned to:
(1) Investigate a matter relating to the official business of their board; provided
that:
(A) The scope of the investigation and the scope of each member's authority
are defined at a meeting of the board;
(B) All resulting findings and recommendations are presented to the board at
a meeting of the board; and
(C) Deliberation and decision-making on the matter investigated, if any,
occurs only at a duly noticed meeting of the board held subsequent to the
meeting at which the findings and recommendations of the investigation were
presented to the board.
C. Proposed Permitted Interaction Group (PIG)
The scope/purview, memberships, and term/duration of the Permitted Interaction Group are defined below.
Permitted Interaction Group Scope/Purview:
The scope/purview of the PIG is to:
1. Investigate complaints against an OHA Trustee for alleged violations of the
Trustee Code of Conduct contained in the complaints, such as allegations
involving that the Trustee breached the duty of care and loyalty to OHA and the
duty to obey and support the Board's decisions;
2. Interview individuals involved in the complaints, consult with others (i.e. Board
Counsel, etc.), and perform tasks as necessary to further and complete its
investigation; and
3. Present to the Board a report with its findings and recommendations.
Permitted Interaction Group Membership:
The membership of the PIG is as follows:
1. Trustee Brenden Kalei'aina Lee;
2. Trustee Carmen Hulu Lindsey; and
3. Trustee John Waihe'e IV
Trustee Lee will serve as the Chair of the PIG and Trustee Hulu Lindsey will serve as its Vice Chair.
Permitted Interaction Group Term/Duration:
The term of the PIG expires at the completion of the scope/assigned tasks or at the
discretion of the Chair of the Board of Trustees, subject to later adjustment.
IV. TIMEFRAME
Immediate action is recommended.
V. FUNDING SOURCE
No additional funding is needed to form a new Permitted Interaction Group to investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.
VI. ALTERNATIVES
A. Approve the formation of a Permitted Interaction Group (PIG) to investigate
complaints against a Trustee for alleged violations of the Trustee Code of
Conduct involving allegations that the Trustee breached the duty of care and
loyalty to OHA and the duty to obey and support the Board's decisions.
B. Do not approve the formation of a Permitted Interaction Group (PIG) to
investigate complaints against a Trustee for alleged violations of the Trustee Code
of Conduct involving allegations that the Trustee breached the duty of care and
loyalty to OHA and the duty to obey and support the Board's decisions.
C. Take no action
VII. RECOMMENDATION
Approve the formation of a Permitted Interaction Group (PIG) to investigate complaints against a Trustee for alleged violations of the Trustee Code of Conduct involving allegations that the Trustee breached the duty of care and loyalty to OHA and the duty to obey and support the Board's decisions.
The scope/purview of the PIG is to:
1. Investigate complaints against an OHA Trustee for alleged violations of the
Trustee Code of Conduct contained in the complaints, such as allegations
involving that the Trustee breached the duty of care and loyalty to OHA and the
duty to obey and support the Board's decisions;
2. Interview individuals involved in the complaints, consult with others (i.e. Board
Counsel, etc.), and perform tasks as necessary to further and complete its
investigation; and
3. Present to the Board a report with its findings and recommendations.
The membership of the PIG is as follows:
1. Trustee Brendon Kalei'aina Lee;
2. Trustee Carmen Hulu Lindsey; and
3. Trustee John Waihe'e IV
Trustee Lee will serve as the Chair of the PIG and Trustee Hulu Lindsey will serve as its Vice Chair.
The term of the PIG expires at the completion of the scope/assigned tasks or at the
discretion of the Chair of the Board of Trustees, subject to later adjustment.
VIII. ATTACHMENT
None
* * * * *
PDF: OHA Trustee Code of Conduct
Coverage:
SA: Office of Hawaiian Affairs trustee in trouble for alleged disloyalty