September 26, 2008

Waimea Valley needs to be Saved from OHA

The Office of Hawaiian Affairs Chair Haunani Apoliona, Administrator Clyde Namu‘o, Deputy Administrator Mona Bernardino, and Director of Land Management Jonathan Scheuer are programmatically and financially mismanaging Waimea Valley. According to OHA sources, Apoliona led a charge to release $4,567,511 of Trust funds to support Hi‘ilei Aloha LLC, Hi‘ipaka LLC, and Hi‘ipoi LLC in January 2008.

By June 2008, Hi‘ipaka LLC managers who are also state employees Namu‘o and Scheuer with the support of Apoliona and Hi‘ilei Aloha LLC manager and state employee Bernardino forced Hi‘ipaka LLC Executive Director Gary Gill to resign and announced in a June 5, 2008 report that Hi‘ilei Aloha LLC, Hi‘ipaka LLC, and Hi‘ipoi LLC are operating in a deficit. The June 5, 2008 report stated that the deficit was $614,809.70. This is absolutely appalling, because in January 2008 OHA under Apoliona authorized $4,567,511 of Trust funds to support Hi‘ilei Aloha LLC, Hi‘ipaka LLC, and Hi‘ipoi LLC of which $2,276,882 was released. In less than six months, OHA leadership lost $2,891,691.71 in Trust funds. Where did all the Trust funds disappear too?

Waimea Valley employees have publicly shared that the leadership of Apoliona, Namu‘o, Bernardino, and Scheuer has brought chaos and dysfunction to Waimea Valley. Furthermore, these individuals on numerous occasions have lectured employees to stifle the truth from being told. Waimea employees have publicly stated, “Waimea Valley needs to be saved again, only this time OHA’s beneficiaries will need to save the Valley from OHA itself.” Waimea Valley employees have also shared grave concern that the underlying intent of the OHA LLC leadership “is to replicate Waimea Falls Park exactly as it was, with some additions from the Polynesian Cultural Center when possible.”

It is evident that Apoliona, Namu‘o, Bernardino, and Scheuer have no intent serving Hawaiians at Waimea Valley to strengthen cultural identity and connections to the ‘āina (land), rather Apoliona, Namu‘o, Bernardino, and Scheuer only discuss “how to best entertain the tourists by having smiling Hawaiians on display.”

OHA’s current leadership (Apoliona, Namu‘o, Bernardino, and Scheuer) is clearly mismanaging Waimea Valley. OHA is not addressing the needs of the Hawaiian beneficiaries by continuing to use Waimea Valley as a tourist attraction. OHA symbolizes a top heavy over spending bureaucracy that neglects those they are mandated to serve. The community needs to save Waimea Valley from OHA, because OHA is a “Broken Trust.”

We the people need to take action by holding OHA’s leadership accountable by voting for new Trustees in November 2008 OHA election. Say NO to Apoliona at the polls, as Apoliona lacks honesty, integrity, and compassion. Anyone but Apoliona.

September 12, 2008

Cooking the Books at OHA

Chair Haunani Apoliona, Administrator Clyde Namu‘o, Chair of the Committee on Asset and Resource Management Oz Stender, and Deputy Administrator Mona Bernardino of the Office of Hawaiian Affairs are “cooking the books” by redefining previous expenditures (public trust funds and your tax dollars spent by OHA) for the fiscal years 2005, 2006, and 2007.

The posted expenditures on OHA’s website pertaining to Nation Building was the first report conceived from this process of recoding expenditures to reflect an amount less than the actual expenditures.

Upon the completion of recoding the expenditures and changing the reporting system, OHA hired consultants will import the new program expenditure database into the Oracle reporting system (the official database and accounting system of OHA).

Essentially, OHA is going back into the accounting books and changing the stated purpose associated with each expenditure to “cover up” the current fiscal mismanagement and breach of fiduciary duties at OHA, which begins with Chair Apoliona who serves as the procurement officer and Administrator Namu‘o who approves all expenditures with the procurement officer.

Furthermore, the reason Chair Apoliona and Administrator Namu‘o forced the Chief Fiscal Officer to resign is to ensure that the consultants have “cooked the books” prior to the scheduled audit by the State of Hawai‘i in attempt to hide their numerous wrongdoings.

One of the many wrongdoings is associated with the contract amounts paid to these consultants who are “cooking the books” for Chair Apoliona and Administrative Namu‘o. According to OHA sources, one consultant is receiving an estimated amount of $120 per hour at $4,800 per week, which totals $230,400 per year. Further fiscal mismanagement and grants used to “buy favors” through “reserved slush funds” for Chair Apoliona and Administrator Namu‘o that are not included in the Nation Building budget, but are funded through the Hawaiian Governance Division.

Here are a few examples:

* $21,000 to Hawai‘i Maoli (the agency that maintains the Kau Inoa database) in November of 2005 to have the Nānākuli Hawks wear Kau Inoa t-shirts.
* $10,000 to Waimanalo Construction in October of 2005 to sponsor the Waimanalo Sunset on the Beach on 09/10 to 09/11/05, in return OHA received a booth for Kau Inoa registrations.
* Six grant awards totaling $48,950 to the Pacific Justice & Reconciliation Center in furthering OHA’s Hawaiian Governance effort from September 2004 to September 2005.
* $25,000 to the Polynesian Voyaging Society to support the voyage in relation to Ho‘oulu Lāhui Aloha (OHA’s Nation Building Plan) from January to October 2007.
* $22,000 to support the Ho‘oulu Aloha Aha in Southern California from 01/20 to 01/21/06, in return OHA received a Kau Inoa booth and a platform to further OHA’s Hawaiian Governance propaganda.

OHA Chair and Procurement Officer Haunanai Apoliona, Administrator Clyde Namu‘o, Chair of the Committee on Asset and Resource Management Oz Stender, and Deputy Administrator Mona Bernardino must be held accountable for such wrongdoings and outrageous expenditures.

These individuals must approve all expenditures and must be held accountable for a lack of fiscal accountability to the people of Hawai‘i and those OHA is mandated to serve. OHA is a “Broken Trust.” The trust is being financially mismanaged and the people of Hawai‘i must demand a change in leadership.

It begins by voting for “new” OHA Trustees. Say no to Apoliona at the polls and call for a fiscal and managerial audit immediately.

July 18, 2008

OHA’S Omitted Expenditures

Office of Hawaiian Affairs officials stated in an article titled “OHA spends millions on trying to create a Native Hawaiian nation” in the Honolulu Advertiser on July 16, 2008 that “the numbers (dollar amount) does not include salaries, wages, and related expenses paid to OHA employees involved with the efforts.” OHA sources have shared the following examples of omitted expenditures from the posted expenditures on OHA’s Web site:

* Travel per diem for Hawaiian Governance staff to attend the Pineapple Festival from 06/30/06 to 07/01/06 totals $520.00.
* Travel per diem to Aulani Apoliona to travel to Carson, California from 01/18/06 to 01/23/06 totals $727.50.
* Travel per diem to Aulani Apoliona to travel to Arizona, California, Oregon, Washington, and Nevada beginning on 03/16/06 to 04/11/06 totals $1,496.00.
* Travel per diem to Aulani Apoliona to travel to California, Oregon, and Washington from 04/28/06 to 05/02/06 totals $212.50.
* Travel per diem to Aulani Apoliona to travel to the Makaha Sons Concert in San Antonio, Texas on 09/16/06 totals $67.50.
* Travel per diem to Aulani Apoliona to travel to Oxnard, California from 09/29/06 to 10/26/06 totals $252.50.

Travel per diem relates to daily allowances paid to employees for out-of-pocket expenses while conducting a business transaction, such as meals and hotel expenses. If the employer (i.e. OHA) purchases the meals and pays for the hotel expenses, the employee (i.e. Aulani Apoliona) in normal circumstances would not receive a full per diem.

Speculation of possible procurement violations pertaining to the above travel per diem paid to Aulani Apoliona currently exist, as OHA paid for the following meals for Aulani Apoliona and her guest, while she traveled first class throughout the continent “pushing” Kau Inoa on native Hawaiian trust fund dollars:

* Dinner meeting for 12 Northern California Hawaiians at the Crowne Plaza in Foster City, California on 03/21/06 in the amount of $770.50.
* Dinner with one guest on 03/22/06 at the Crowne Plaza in Foster City, California in the amount of $67.75.
* Dinner meeting on 03/25/06 at the Bamboo Grove Hawaiian Grill in Portland, Oregon in the amount of $500.

These figures represent brief time frames. More realistic figures are arrived at upon multiplying the numbers over a three-year period. Other examples of highly questionable expenditures related to OHA trying to create a Native Hawaiian nation include the following:

* Rooms at the Four Seasons Resorts Lana‘i at Manaele Bay for 1 night at $1,290.00 from 07/01/06 to 07/02/06.
* 2 Rooms at the Sheraton Keauhou Bay Resort and Spa for 1 night on 09/02/06 at $376.59.
* A first class roundtrip airfare for Aulani Apoliona to attend a Ho‘olaulea in Northridge, California in the amount of $2,300.
* A reimbursement to Aulani Apoliona for Continental Community Outreach Travel in the amount of $1,675.99 on 04/25/06.
* 1 first class roundtrip airfare for Aulani Apoliona to an Aloha Expo 2006 in Heritage Park, Santa Fe Springs, California on 05/21/06 in the amount of $2,300.
* Aloha Expo 2006, Heritage Park, Santa Fe Springs, California from 05/20 to 05/21/06 Community Outreach Sponsorship in the amount of $2,000. 
* Northridge Ho‘olaulea in Southern California on 06/03 to 06/04/06 Sponsorship in the amount of $2,400.
* 50 dinners in Oklahoma at $21.35 per person for a Kau Inoa presentation with Aulani Apoliona on 05/20/06 in the amount of $1,067.50.
* 50 dinners in Texas at $30.24 per person for a Kau Inoa presentation with Aulani Apoliona on 05/21/06 in the amount of $1,512.00.
* A reimbursement to Aulani Apoliona for Continental Community Outreach Travel in the amount of $1,338.25 on 04/25/06.

OHA Chair and Procurement Officer Haunanai Apoliona, sister to Aulani Apoliona, Administrator Clyde Namu‘o (who spends time learning to play the ukulele and sing with Aulani Apoliona at her personal residence,) and Deputy Administrator Mona Bernardino who is known to spend holidays at the personal residence of Aulani Apoliona must be held accountable for such egregious expenditures.

Since these individuals must approve all expenditures and have demonstrated their personal relationships have conflicted with their fiscal duties to the native Hawaiian trust, OHA is a “Broken Trust.” The trust is being financially mismanaged and the people of Hawai‘i must demand a change in leadership.

It begins by voting for “new” OHA Trustees. Say no to Apoliona at the polls.

June 6, 2008

OHA Manipulates Hawaiian Beneficiaries

Chair Haunani Apoliona, Administrator Clyde Namu‘o, and Deputy Administrator Mona Bernardino of the Office of Hawaiian Affairs will be expanding OHA’s operating budget beyond the current approved Fiscal Year 2008 Total Operating Budget of $42,373,692 at the Board of Trustees’ meeting today (June 5, 2008).

The increase in OHA’s Operating Budget will directly affect the fiscal year 2009 Total Operating Budget and all forthcoming budgets, because the increase is in personnel. OHA is expanding their staff to an estimated 169 employees: four new positions in Land Management and three new positions in the Treasury and Other Services. Furthermore, the Board of Trustees (BOT) will be approving $1,182,445 in interim adjustments.

The interim adjustments were not clearly defined and the seven new positions were not strongly justified in the Committee on Asset and Resource Management Action Item ARM # 08-01 signed by ARM Committee Chairman Oswald Stender.

Native Hawaiian Trust assets will fund a total of $2,037,673 of additions and increases, as follows:

* The Board of Trustees will receive $114,845 to support their pay increases.
* The Land Management division will receive $348,650 yearly to support an addition of four positions without strongly justifying these new positions.
* The Treasury and Other Services will receive $249,833 yearly to support an additional three positions without strongly justifying these new positions.
* Interim Adjustments is at $1,182,445 without submitting a clear definition of “interim adjustments.”
* The Student Helper Program will receive $141,900.

As Apoliona, Namu‘o, Bernardino, and Stender increase OHA’s Total Operating Budget, they strategically manipulate the Hawaiian community and community at-large to believe these funds will directly benefit the Hawaiian people by utilizing OHA’s cost savings (unspent funds in Fiscal Year 2008) to award grants through the Board of Trustees Initiatives (GSPD funds). The BOT will be awarding $1,241,500 in grants from unspent funds, of which $150,000 has been already awarded to Hawai‘i Maoli. Hawai‘i Maoli is the non-profit organization that receives over $250,000 per year to maintain OHA’s Kau Inoa database.

Furthermore, every non-profit whose proposal was denied should insist that OHA’s grants process be investigated. It is obvious that OHA’s grants process is biased. If OHA’s grants process was legitimate then every grant proposal denied in Fiscal Year 2007 – 2008 would be reviewed thoroughly for funding consideration at the BOT meeting today. Instead, the Board of Trustees is awarding funds to their friends, along with organizations and agencies that support OHA’s agenda, like Hawai‘i Maoli.

The Hawaiian people and community at-large need to insist on a thorough managerial and fiscal investigation of OHA, sending a clear message that OHA cannot manipulate the Hawaiian beneficiaries and the community at-large. The fact that OHA’s Total Operating Budget is at and will be expanding beyond $42,373,692 is offensive, especially knowing that for every grant dollar awarded, OHA spends three dollars to process the dollar awarded. This is absolutely a breach in fiduciary duties to the Hawaiian people.

Essentially, OHA’s current leadership (Apoliona, Namu‘o, and Bernardino) is clearly mismanaging the Trust assets. OHA is not addressing the needs of the Hawaiian beneficiaries. OHA symbolizes a top heavy over spending bureaucracy that neglects those they are mandated to serve. OHA is a “Broken Trust” and we the people need to take action by holding OHA’s leadership accountable by voting for new Trustees in November 2008 OHA election.

May 9, 2008

OHA’s Lavish Spending Continues

Once again, Clyde Namu‘o the Administrator of the Office of Hawaiian Affairs has failed to provide any assurance that OHA is transparent and accountable to OHA’s mission and to the native Hawaiians OHA is mandated to serve.

In the May 2008 Ka Wai Ola article titled, “Reinforcing Accountability,” the rhetoric is similar to his April 2008 and December 2007 Ka Wai Ola articles.

The differences remain in the style and tone of his articles. The December 2007 article is blatantly dishonest, defiant, and defensive in language and tone; while the April 2008 article attempts to gloss over the egregious financial and managerial actions committed by Namo‘u, Apoliona, and Bernardino.

But the prime difference is that OHA sources have confirmed that OHA Special Assistant to the Administrator Stanton Enomoto in fact composed the May 2008 article “Reinforcing Accountability” for Namu‘o. Namu‘o absolutely lacked sincerity by not writing his own article and such actions speak louder than words.

Knowing the truth that Namu‘o did not pen the article, the entire article should be discredited. Once again, Namu‘o has lied and attempted to deceive the Hawaiian community and community at-large by signing his name to words he did not compose.

While Enomoto speaks of “detailed accounting be made of all the expenditures related to OHA’s Nation Building, Kau Inoa and Native Hawaiian Government Reorganization Act (Akaka Bill) initiative,” the information listed below will assist OHA in this process.

Enomoto strategically did well by not disputing previously released financial information obtained by Trustee Oswald Stender. Stender obtained the information via Maui, which was generated by current OHA employees who allege that the current management (Namu‘o, Apoliona, and Bernardino) has and continues to breach their fiduciary duties to the Trust. These current employees have also added expenditures to the list obtained by Stender, which are also included below. Furthermore, OHA’s Kau Inoa spending directly affiliated with Aulani Apoliona supports claims that nepotism is alive and well at OHA.

A few example expenditures related to OHA’s Nation Building, Kau Inoa and Native Hawaiian Government Reorganization Act (Akaka Bill) initiatives related directly to Aulani Apoliona:

* Total reimbursement due to Aulani Apoliona totaled $13,047.89 from 01/05/06 to 03/26/06.
* Total per diem due to Aulani Apoliona totaled $2,436.00 from 01/24/06 to 05/05/06.
* Aulani Apoliona requested vacation on 03/30/06, but requested one hotel room at the Holiday Inn Torrance in California on 03/30/06.
* Tony Roma’s Restaurant in Seattle on 03/26/06 in the amount of $1,104.12 hosted by Aulani Apoliona.
* Holiday Inn Torrance on 01/24/06 in the amount of $4,758..53.
* Dinner at the Doubletree Hotel in San Francisco on 03/24/07 in the amount of $1,812.56 hosted by Aulani Apoliona.
* Appetizers from Bon Appetite’s Catering at Whittier College on 04/15/07 in the amount of $1,475.45 planned by Aulani Apoliona.
* Reimbursement to Aulani Apoliona for one roundtrip first class ticket airfare from Honolulu to Los Angeles for Ho‘olaulea at Alondra Park from 07/15/06 to 07/16/06 in the amount of $1,102.85.
* American Airlines first class ticket for Aulani Apoliona to travel to E Hula Ma Hula Festival for Kau Inoa registration from 8/31/06 to 09/05/06 in the amount of $1,940.30.
* First class ticket on American Airlines for Aulani Apoliona to travel to Ho‘oulu Lahui Aloha Kuka on 09/30/06 in Oxnard, California from 09/29/06 to 10/02/06 in the amount of $1,606.00.
* First class ticket on United Airlines for Aulani Apoliona to attend the Kamehameha Alumni meeting 09/15/06 in Millbrae, California and the Makaha Sons Concert on 09/16/06 in San Antonio, Texas in the amount of $1,078.44.

The examples above are unjustifiable and inexcusable by OHA when the native Hawaiian people, according to Seiji Naya’s study, “Income Distribution and Poverty Alleviation for the Native Hawaiian Community” abstract states, “Since 2000, Hawaii’s economy has done relatively well over time and the state’s per capita personal income is higher than the U.S. level both. Hawaii’s poverty rate is also lower than the mainland’s. But in the midst of this prosperity, Native Hawaiians have substantially higher poverty rates.”

The first ACS data to include details on native Hawaiians, including those who are multiracial also support the fact that OHA’s spending priorities are not aligned with beneficiary needs. Unfortunately, Namu‘o, the Apoliona sisters, and Bernardino treat the Trust as their own personal bank account, utilizing the money to travel first class and host friends at expensive banquets.

It is clear that OHA is a “Broken Trust” and the current Trust and Administrative leadership needs to be removed immediately.

Namu‘o, Apoliona, and Bernardino can continue their attempt to intimidate current OHA employees with fingerprinting and camera security measures, monitoring incoming and outgoing phone calls and emails, chastising staff who wear headphones at their workstation, the recent dismissal of three employees, and the banning of personal cellular phone usage in an attempt to block the truth from being revealed to the Hawaiian community and community at-large.

Unfortunately for Namu‘o, Apoliona, and Bernardino the truth always prevails and justice is always served.

April 2, 2008

OHA Unable To Separate Church and State

OHA Administrator Clyde Namu‘o recently instructed OHA staff, along with the Hawaiian Governance Department to shift their outreach campaign from Kau Inoa to nation-building.

On March 13, 2008 OHA Director of Hawaiian Governance Theresa Bigbie announced via email Namu‘o’s directive, supporting OHA’s Ho‘oulu Lahui Aloha nation-building initiative. Ho‘oulu Lahui Aloha is OHA‘s initiative of creating a Native Hawaiian Governing Entity.

Director of Hawaiian Governance Theresa Bigbie with full support and encouragement from Mona Bernardino the Deputy of Beneficiary, Advocacy, and Empowerment further announced in her email sent at 10:56 am on the 13th of March to a majority of OHA employees and Trustees (including Stender and Mossman) who Bigbie identified as members of the Church of Jesus Christ of Latter-day Saints.

The email requested their presence at a lunch meeting. The meeting was held on March 24, 2008 and they discussed building OHA’s Native Hawaiian Governing Entity through the church, otherwise known as the LDS or Mormon Church.

The main purpose of the working lunch meeting consisting of OHA employees identified as LDS members was to identify a network of LDS leaders located at every ward (local congregations). Bigbie noted in her email that the LDS leaders within the Church of Jesus Christ of Latter-day Saints could be drawn into OHA’s nation-building plans, because OHA’s nation-building process would emphasize the “cultural significance” of family being “pono” and family is “naturally a part of the church doctrine.”

Bigbie also emphasized in her email that LDS leaders are “less political, not hostile, and willing to learn and understand the issues in intimate settings.” Bigbie identified the Church of Jesus Christ of Latter-day Saints as a “silent majority.”

It seems that the Office of Hawaiian Affairs as a state agency is unable to separate church and state, which is a political and legal idea that government and religion should be separate, and must not interfere in each other’s affairs.
It is alarming that the leadership of the Office of Hawaiian Affairs that includes two retired judges, Trustees Boyd Mossman and Walter Heen would dismantle the “wall between church and state.” OHA excluded several OHA employees who are not members of the Church of Jesus Christ of Latter-day Saints from participating in the meeting to discuss outreach for nation-building by not including them in the email invitation.

In addition, the disclosure of an employee’s religion without prior consent via email could possibly lead to a hostile work environment that could physically and emotionally cause harm to these individuals.

It appears that OHA’s leadership does not respect the boundaries between church and state, established to protect the autonomy of religious bodies from civil authority (government) and civil authority (government) from religious bodies.

“The separation between church and state is a two-way street. It isn’t just about restricting what the government can do with religion, but also what religious bodies can do with the government.”

OHA obviously does not understand the importance of respecting an individual’s right to freedom of religion and protecting their employees from discrimination based on religion by keeping church and state separate.

It is absolutely deplorable that OHA’s leadership would infringe on religious freedom by allowing individuals of a private religious organization to act through a state agency to have their own doctrines and beliefs codified into the nation-building process. Additionally, OHA has also contaminated the integrity of their nation-building process by taking an approach that incorporates religion.

OHA’s leadership continues to mismanage the trust and their employees, which is evident in OHA’s new direction for nation-building. OHA’s mismanagement of trust affairs was also evident in their secret dealings with the State Administration pertaining to the “Ceded” Land Settlement, which can be interpreted as waiving all future claims to the “Ceded” Lands.

The Hawaiian community and community-at-large need to send a clear message that OHA is a “BROKEN TRUST.”

OHA should not be nation-building, OHA should stick with administering the trust as outlined in Chapter 10 of the Hawai‘i Revised Statutes.

March 5, 2008

OHA’s Mismanagement and Poor Judgment Continues

On behalf of Administrator Clyde Namu‘o, Deputy Administrator of Beneficiary, Advocacy, and Empowerment Mona Bernardino announced on Monday, March 3, 2008 via email to OHA staff that she has been appointed the person in charge of the Grants Department, once known as Planning, Research, Evaluation, and Grants (PREG).

The Planning, Research, Evaluation components of PREG have been assigned to Special Assistant to the Administrator Stanton Enomoto. OHA Chair Apoliona congratulated Bernardino and Enomoto via email from Washington D.C., upon receiving Bernardino’s email declaring her command of the Grants Department.

Beneficiaries and the general public must be concerned that Namu‘o and Apoliona would strengthen Bernardino’s power in OHA, knowing that Bernardino was allegedly released as acting principal from Ka Waihona O Ka Na‘auao New Century Charter School, because she allegedly committed fraud.

According to several individuals who reside in the community that Ka Waihona O Ka Na‘auao New Century Charter School serves, Bernardino allegedly approved and accepted on her own behalf an estimated dollar amount ranging from $150,000 to $160,000 beyond her approved salary in less than an estimated six months.

Many Leeward Coast residents familiar with these allegations are patiently waiting for a formal complaint to be filed against Bernardino.

Namu‘o and Apoliona continue to display mismanagement and poor judgment by giving more power to Bernardino over the dissemination of OHA’s trust funds through the Grants Department that will total an estimated 3.7 million dollars, essentially 10% of OHA’s total Board of Trustees approved operating budget for one fiscal year (July 1, 2008 to June 30, 2009).

Bernardino’s record at Ka Waihona O Ka Na‘auao New Century Charter School and her questionable usage of the Hawaiian Governance Small Grants Program that disseminated an estimated $340,000 in unreported grants ranging from $1,000 to $25,000 to buy political and community favors for Administrator Namu‘o and Chair Apoliona, while serving as the Director of Hawaiian Governance, ought to cause grave concern to all those who care about the management of OHA’s public trust and expect a fair and impartial grant process.

Beneficiaries and the greater public need to understand that Bernardino will subjectively operate the Grants Department according to the wishes of Administrator Namu‘o and Chair Apoliona, which will not align with the needs of the Hawaiian community, but align with their personal agenda that includes the passage of the Ceded Land Settlement and Akaka Bill.

Furthermore, let it be known that grantees submitting favorable testimony in support of OHA’s agenda will most likely continue to receive grants, as Bernardino maintains a detailed list of all grantees that submitted testimony favorable to OHA’s agenda for Namu‘o and Apoliona to access and review.

The time is now, beneficiaries and the greater public, we need to call for a fiscal and management audit of OHA. We must urge the Hawai‘i Legislature to hold all lands and revenues in receivership or escrow until such audits are completed.

Otherwise, it will be business as usual at OHA – secret negotiations, million dollar contracts approved in executive sessions, misuse of company credit cards, unreported grants to buy political and community favors, first class travel and overnight stays at luxury resorts, nepotism, staff intimidation and bullying, unreported expenditures pertaining to OHA’s nation-building campaigns, grantee pressure and coercion, staff surveillance, administrative demands for personal loyalty – and the list goes on…

February 8, 2008

OHA Presssures Grantees

The Office of Hawaiian Affairs (OHA) has been leveraging grantees to support the Ceded Land Settlement (HB2701 and SB2733) via multiple emails and phone calls directly to non-profits who are receiving grants from the Office of Hawaiian Affairs. OHA staff has been working the phone lines and sending out multiple emails to grantees, since the week of January 28, 2008.

According to several OHA staff members, several grantees are feeling pressured by OHA to submit testimony in favor of the Ceded Land Settlement, because they are made to fear that OHA will stop funding the programs and services they represent.

Hence, several grantees are sending favorable Ceded Land Settlement testimony under distress to the committees of the Hawai‘i State Legislature (Agriculture and Hawaiian Affairs, Water and Land, and Judiciary and Labor) who have scheduled a Ceded Land Settlement public hearing on the 9th of February 2008 at 10:00 am in the conference room auditorium.

It is criminal that OHA would leverage OHA trust dollars to influence Hawaiian beneficiaries and non-profit organizations that serve Hawaiian beneficiaries to support OHA’s agenda.

Even worse, OHA has placed these non-profit organizations in a precarious situation with the Internal Revenue Service (IRS). The IRS clearly states:

“In general, no organization may qualify for section 501©(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501©(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status. Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies. An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.”

OHA grantees beware, as it is common knowledge that OHA not only requested your support of the Ceded Land Settlement and other OHA legislative initiatives, but also requested that you reach out to those you serve to lobby for OHA’s agenda.

OHA grantees, you could be at-risk of losing your 501©(3) status.

Senate Concurrent Resolution 49, requesting that the Office of Hawaiian Affairs and the Attorney General, as representatives of the executive branch, conduct statewide informational hearings on the Ceded Lands Trust Settlement agreement was certified and copies sent on the 5th of February 2008. In response OHA has tentatively scheduled an estimated 20 to 30 presentations throughout the state beginning this week through mid-March 2008.

It is unfortunate that OHA chose not to conduct these presentations, which will most likely be OHA talking to the public versus a dialogue between OHA and the public, prior to submitting the Ceded Land Settlement to the Hawai‘i State Legislature.

The truth of the matter is OHA never intended to inform or include the public in the Ceded Land Settlement discourse. OHA is only conducting these presentations, because of the recommendation made by the 2008 Hawai‘i State Legislature to OHA through Senate Concurrent Resolution 49.

Beneficiaries and concerned public don’t be deceived by OHA.

OHA is not hosting these informational sessions with the intent of being honest and open. OHA is hosting these informational sessions, because they need to look good in the eyes of the 2008 Hawai‘i State Legislature.

January 29, 2008

OHA to Use Government Property & Trust Funds to Lobby Public Support

OHA to Use Government Property & Trust Funds to Lobby Public Support

The Office of Hawaiian Affairs Administrator Clyde Namu‘o is currently meeting with all OHA employees and requesting that OHA employees consider working overtime to lobby the public to support the Ceded Land Settlement and push OHA’s agenda forward, according to OHA sources.

Namu‘o began meeting with OHA staff on Monday, the 28th of January and has scheduled meetings with the remaining OHA staff today, after Namu‘o completes his meeting with OHA managers this morning.

OHA sources revealed that Namu‘o is requesting all OHA employees to work overtime from 4:30 to 6:30 pm to support OHA’s lobbying efforts, pertaining to the Ceded Land Settlement. Namu‘o is offering OHA employees overtime pay, most likely from trust funds, and usage of OHA’s facilities and equipment, which undoubtedly is government property, to persuade the public to support the Ceded Land Settlement and push OHA’s agenda forward.

The Honolulu Advertiser article titled, Doubts raised about Hawaiians-state deal, printed on Sunday, January 27th quoted Namu‘o as stating, “The campaign will begin this week with a phone bank of operators calling beneficiaries to inform them about the settlement agreement and answer any questions.”

Namu‘o obviously neglected to inform the Honolulu Advertiser that the phone bank of operators would be OHA employees paid overtime who will undeniably be in favor of the Ceded Land Settlement. He further neglected to mention that OHA’s facilities and equipment would be used by OHA employees to campaign and lobby beneficiaries for their support of the Ceded Land Settlement.

It is apparent that the phone bank is not an informational tool, as quoted by Namu‘o, but rather a tool being used by OHA to push OHA’s agenda forward without care or concern for the beneficiaries.

There is no doubt that the use of trust funds and government property to lobby support for the Ceded Land Settlement is unethical. This is a clear violation of beneficiary trust. OHA should not be utilizing trust funds and government property to lobby for public support, particularly the beneficiaries, pertaining to the Ceded Land Settlement and their 2008 Legislative Package. This is clear evidence that OHA is a Broken Trust.

Beneficiaries and concerned public do not be further misled by OHA’s campaign to inform beneficiaries and the general public about the Ceded Land Settlement, because OHA’s true intent is to persuade you to support the Ceded Land Settlement and push their own agenda forward, not that of the beneficiaries.

OHA is not advocating for the betterment of both native Hawaiians and the Hawaiian community in general; rather OHA is behaving like the paternalistic governmental agency that they are. The only way beneficiaries and the community at-large can be assured that OHA is stopped is to call for a forensic audit of OHA, an OHA oversight committee, and removal of OHA’s current leadership. OHA must be placed under government receivership. OHA is a Broken Trust.

OHA Ceded Land Settlement Misleading & Manipulative

OHA Chairperson Haunani Apoliona and Administrator Clyde Namu‘o fully intended on excluding Native Hawaiian senators and beneficiaries in any discussions or informational sessions pertaining to the Ceded Land Settlement, prior to OHA’s press conference on Friday, the 18th of January. At 8:41 am on the morning of the press conference, Namu‘o, via his administrative assistant, sent an email to OHA staff that stated, “It is regrettable that the information was leaked, as we had wanted, out of respect and courtesy, to first inform you and a number of stakeholders in the Hawaiian community.”

If Apoliona and Namu‘o had honestly intended to “first inform OHA staff and a number of stakeholders,” several open meetings and debriefings would have occurred prior to OHA’s Ceded Land Settlement press conference. Even more appalling is Namu‘o’s clear intention to exclude the majority of Hawaiian beneficiaries from being first informed about the Ceded Land Settlement, clearly noted in his reference to “a number of stakeholders in the Hawaiian community.” Who are these particular “stakeholders,” Namu‘o refers to in his exclusionary statement?

It was clearly not those beneficiaries who attempted to attend an OHA Ceded Land Settlement debriefing on the 17th of January at the State Capitol, because an estimated 20 to 30 Hawaiian beneficiaries were asked to leave the meeting room that day. Eventually, OHA and state representatives exited through a back door and held the meeting in an undisclosed location. The group of Hawaiian beneficiaries discovered the meeting was being held in the basement of the State Capitol, but only after the meeting had ended. Namu‘o added insult to injury on the 18th of January by telling an audience of 20 to 30 Hawaiian beneficiaries (several of those in attendance were Hawaiian elders) that their (oppositional) voice could be heard at the Legislature at hearings for the bill. Namu‘o has obviously forgotten that he and OHA serve all Hawaiians and each Hawaiian beneficiary is an equal stakeholder, including the two Native Hawaiian senators that he intentionally neglected to inform.

It is also a known fact that Namu‘o on several occasions has referred to Senators English and Hee, as “no friend of OHA.” One can speculate that Namu‘o refers to the senators as “no friend of OHA,” because they understand OHA’s mandate to better the conditions of both native Hawaiians and the Hawaiian community in general and will hold OHA accountable to that mandate without being swayed by Namu‘o and OHA’s “smooth talk.”

Beneficiaries and concerned public do not be further misled by OHA’s campaign to inform beneficiaries and the general public about the Ceded Land Settlement, because OHA’s true intent is to persuade you to support the Ceded Land Settlement. If the informational campaign were not about persuading you to support the Ceded Land Settlement, OHA would have included beneficiaries and the general public in the process prior to the Ceded Land Settlement press conference held on January 18, 2008. OHA would have also required the State to submit an audit on all gross revenues generated through the Ceded Lands and completed a needs assessment prior to agreeing upon the proposed Ceded Land Settlement. A needs assessment pertaining to Hawaiian beneficiaries would have prepared OHA with data needed to negotiate a Ceded Land Settlement that would demonstrate a direct and positive impact on the Hawaiian community and the State.

If OHA cannot persuade you to support the Ceded Land Settlement through their “little to late” informational campaign and you are an individual or organization deemed important, OHA can “buy” your support. It has been recently revealed that the Association of Hawaiian Civic Clubs, after a presentation by Namu‘o and Jonathan Scheuer (OHA Land Management Director), is supporting the Ceded Land Settlement without the consent of its membership. Not so surprising, days after the Association of Hawaiian Civic Clubs agreed to support the Ceded Land Settlement, Wayne Kaho‘onei Panoke announced to several individuals that the Association of Hawaiian Civic Clubs would be receiving a grant estimated between $40,000 to $50,000 to support activities in celebration of Prince Kuhio. The deal was brokered immediately after OHA received support from the leadership of the Association of Hawaiian Civic, pertaining to the Ceded Land Settlement.

It is also quite ironic that OHA will be funding $40,000 to $50,000 in grant funds; after they declined several fiscal year 2008 grant applicants. Did the Association of Hawaiian Civic Clubs submit a 2008 grant application by the required deadline? If so, was their application treated the same as all other fiscal year 2008 grant application, subject to review by OHA and the community?

The only way beneficiaries and the community at-large can be assured that OHA is not “buying” support for the Ceded Land Settlement and their 2008 Legislative Package is to call for a forensic audit of OHA, an OHA oversight committee, and removal of OHA’s current leadership. Until that time, let’s say “NO to OHA.”

January 17, 2008

OHA Seeks To Settle

The Office of Hawaiian Affairs Board of Trustees meeting will be held today. Sources close to OHA Administrator Clyde Namu‘o have revealed that the Board of Trustees will be approving a negotiated settlement between OHA and the Executive Branch regarding the income and proceeds from the Public Land Trust (the State holds the ceded lands as trustee of the public land trust established in 1898). Upon Board approval, OHA will be submitting the negotiated ceded land settlement package to the 2008 Hawai‘i State Legislature for final approval.

Administrator Namu‘o has completed advanced planning pertaining to the negotiated ceded land settlement package by assuming OHA’s Board of Trustees will approve the negotiated settlement, as Namu‘o has scheduled Barbara Tanabe of Ho‘akea Communications LLC (whose total contracts with OHA are estimated to have exceeded $1,000,000) to brief Senators and Representatives today on the ceded land settlement package. Sources intimate with Namu‘o have also confirmed that OHA will be announcing the details of the ceded land settlement package in a press conference to be held on Friday, January 18, 2008. Namu‘o has also announced that OHA is considering creating a Deputy Administer of Land position and will allegedly appoint Jonathan Scheuer to the position.

Beneficiaries and concerned public members should be outraged that OHA has negotiated a settlement regarding the income and proceeds from the Public Land Trust and will be presenting the negotiated settlement to the 2008 Hawai‘i State Legislature without seeking input from Hawaiian beneficiaries.. Let it be known that OHA has not held public hearings or briefings pertaining to this matter. OHA’s leadership, once again, has arrogantly decided how to represent Hawaiian beneficiaries without any beneficiary consultations. Let your voice be heard in protest and preempt the planned press conference tomorrow by being present at the OHA Board of Trustee meeting to be held today (January 17, 2008) at 10:00 in the OHA Board Room, Suite 500.

January 10, 2008

The True State Of OHA

On December 17, 2007, Chairperson of the Office of Hawaiian Affairs Haunani Apoliona delivered a speech titled, “State of OHA and the Native Hawaiian Community” that was filled with fear igniting language and misleading statements intending to divert Hawaiian beneficiaries from the true realities of OHA.

The “True State of OHA” has been detailed and published in a report, titled the “Audit of the Office of Hawaiian Affairs,” submitted by the State of Hawai'i Auditor in 2005 to the Governor and the Legislature of the State of Hawai'i. The report states, “OHA is still ill-equipped to fulfill its fiduciary duty and OHA has yet to complete a comprehensive master plan marshaling statewide resources to improve the conditions of native Hawaiians and Hawaiians.” The summary of findings of the report are below:

1. The Board of Trustees still has not provided the State with a comprehensive master plan for bettering the conditions of its beneficiaries. (After the audit was released to OHA and published, OHA requested the Legislature to consider the 2006 - 2011 OHA Strategic Goals, as satisfying the audit requirements for a master plan.)

2. OHA is still grappling with the effects of poorly planned reorganizations.
a. Strategic plan lacks specificity, contributing to confusion over priorities.
b. Organizational chart and functional statements are inconsistent.

3. OHA’s casual administration of its finances does not demonstrate respect for its fiduciary duty to all Hawaiians.
a. The purpose of certain protocol expenditures does not demonstrate loyalty to all beneficiaries’ interests.
b. Policies and procedures for petty cash are not always followed.
c. Trustee expenses reflect inappropriate use of funds.

The report clearly articulates that since the last audit issued in March 2001, “OHA has shown little improvement in its ability to serve Hawaiians.”

The report concluded, “After being in existence for over 25 years, the Office of Hawaiian Affairs continues to operate like a fledging agency. The constitutionally and statutorily identified leader of the Hawaiian community has yet to present the State with a comprehensive master plan to marshal public and private resources to better the conditions of all Hawaiians. It is still struggling to put its house in order and remains casual in the administration of the funds over which it has a fiduciary duty of loyalty to its beneficiaries. Overall, OHA has shown little improvement in meeting its obligation to improve conditions of all Hawaiians. Until it focuses on development of a comprehensive master plan as a priority, OHA’s leadership role and trust obligations to its beneficiaries will remain unfulfilled.”

Recent information has been released in OHA’s 2007 December issue of Ka Wai Ola (OHA’s monthly newspaper) that depicts OHA’s continued struggle with putting its house in order. This is even more evidence that confirms the most recent “Audit of the Office of Hawaiian Affairs” summary of findings notated above that clearly articlutes OHA’s lack of leadership and inability to serve Hawaiians.

OHA Chair Haunani Apoliona and Administrator Clyde Namu'o continue to be incapable of making and implementing needed policy and procedural changes to ensure that OHA can meet its obligation to improve the conditions of all Hawaiians.

Beneficiaries and concerned public members, let’s be prepared to make a change in OHA leadership during the 2008 OHA elections.

For the complete audit, visit the Office of the Auditor State of Hawai‘i website at http://www.hawaii.gov/auditor/Years/2005reports.htm The report is titled, “05-03: Audit of the Office of Hawaiian Affairs.”

For OHA’s 2007 December issue of Ka Wai Ola, visit the Office of Hawaiian Affairs website at http://www.oha.org/index.php?option=com_content&task=view&id=506&Itemid=173.

January 6, 2008

Friendship At OHA Leads To Questionable Hire

Mona Bernardino, current OHA Deputy Administrator of Beneficiary, Advocacy, and Empowerment, attended high school at Kamehameha Schools with Keith “Kalani” Akana. Kalani Akana, a former kumu hula and Waiau Elementary teacher has served time in federal prison for possession of child pornography and is currently serving time on weekends for violating the terms of his supervised release.

While on probation Akana was caught using the internet at a public library to access images of men in various stages of undress on more than one occasion. He also admitted to answering questions asked by a minor online, including one about the average size of the male organ (Star Bulletin, Vol. 12, Issue 117). A U.S. District Court held a hearing for Kalani Akana in April 2007. During the hearing, Mona Bernardino and Clyde Namu‘o, on behalf of OHA, submitted support for Akana and committed to employ him at OHA.

Akana is currently employed in OHA’s Education Department, where he has had direct contact with children. Within the last three months, adults have noticed Akana kissing and hugging preschool children in the main lobby and library of OHA and have submitted complaints internally to Mona Bernardino and Clyde Namu‘o. Mona Bernardino was present while Kalani Akana interacted with these children. Upon receiving the complaints, Mona Bernardino simply relocated Kalani Akana’s desk to the back of the Education Department, out of sight of any individual who visits OHA.

It is unfortunate that Mona Bernardino’s professional judgment is clouded by her personal relationship with her schoolmate Kalani Akana. This is representative of her constant mismanagement and reckless decision-making as an OHA Deputy Administrator. Mona Bernardino’s decision, along with Clyde Namu‘o’s support for Kalani Akana, places the OHA trust and land holdings at risk. If Mona Bernardino had sound professional judgment, she would not have insisted on hiring Kalani Akana in the Education Department, where he would certainly interact with children. Hiring a person in the Education Department of OHA who was convicted of possessing at least 400 images depicting minors engaged in sexually explicit conduct is absolutely irresponsible. Any responsible employer would have employed Mr. Keith Kalani Akana in a department that did not require contact with children, thus reducing risk to OHA’s trust and land holdings.

Furthermore, a conscientious and accountable employer would have considered the safety of our children first. This should have been more important than a favor to a high school friend. Beneficiaries and the greater public should demand Mona Bernardino and Clyde Namu‘o’s resignations for making such a reckless decision that places our trust and more importantly our children in a potentially harmful and destructive situation.

For more information, pertaining to Keith Kalani Akana and OHA’s support, please visit the following sites:

Star Bulletin, Vol. 12, Issue 117, Friday, April 27, 2007
Ex-teacher to do time for further porn charges
http://starbulletin.com/2007/04/27/news/story12.html

Star Bulletin, Saturday, July 19, 2003
Teacher jailed in child porn case
http://starbulletin.com/2003/07/19/news/story1.html

January 3, 2008

Trustee Akana Speaks The Truth, OHA Retaliates

The Office of Hawaiian Affairs Board of Trustees meeting is scheduled for Thursday, January 2, 2008 with an agenda item to remove Trustee Rowena Akana as the Vice Chair of the Committee on Asset and Resource Management.

Winona Rubin, Chief of Staff to OHA Chair Hauanani Apoliona submitted an article that attempted to refute Trustee Akana’s 2007 December Ka Wai Ola article entitled “It’s a Matter of Trust” through a paid advertisement in OHA’s 2008 January Ka Wai Ola entitled “It’s a Matter of Truth” that referenced “internal memos.” One such recent internal memo was submitted by Trustee Oswald Stender to Chair Haunani Apoliona requesting the removal of Trustee Akana as the Vice Chair of the Committee on Asset and Resource Management.

Trustee Stender’s request is one example of OHA’s ongoing retaliation against Trustee Akana for pursuing the truth pertaining to OHA’s lack of fiscal responsibility and gross misuse of trust funds that can also be noted in the 2005 Audit of the Office of Hawaiian Affairs. Furthermore, Trustee Akana exposed the low morale of staff and lack of staff retention that is directly related to OHA Chair Haunani Apoliona, Administrator Clyde Namu‘o, and Deputy Administrator Mona Bernardino’s micromanagement. OHA’s current situation is parallel to that of Kamehameha Schools prior to 1999 and has all the ingredients to be the next “Broken Trust.”

Out of all the OHA Trustees, one would expect Trustee Oswald Stender to understand trust mismanagement and the pursuit of truth. Trustee Stender has intimate experience with such occurrences, serving as a Kamehameha Schools Trustee from 1990 to 1999. An example of such an experience occurred on April 30, 1997 when Trustee Stender fired off a memo to the board: “To say that the school needed to be ‘cleaned up’ is not so and is an affront. … Part of the problem as I see it is that the ‘talk’ of micromanagement is true.”

It appears that Trustee Rowena Akana is working to “clean up” OHA and part of the problem happens to be micromanagement. It is quite ironic that Trustee Oswald Stender would request her removal as Vice Chair of the Committee on Asset and Resource Management and work against such a valiant effort that he had experienced personally himself at Kamehameha Schools.

One can only hope that both Trustee Oswald Stender and Trustee Walter Heen (co-author of the article “Broken Trust,” pertaining to Kamehameha Schools) will turn the course to support Trustee Rowena Akana in her courageous effort to “clean up OHA..”

Personal Commitments Over Commitment to Beneficiaries

Nepotism extends beyond “bloodline” relations at OHA; it also includes those family members who are considered extended family members, otherwise known as “calabash ‘ohana.” A great example of “calabash 'ohana” at OHA is the relationship between Mona Bernardino and Haunani Apoliona. Apoliona made the relationship with Mona Bernardino apparent in her December 2007 article titled, Ho'onani I Ka Makua Mau; Kūnou Ha'aha'a Ko Ka Honua, dedicated to Haunani Bernardino, Mona Bernardino’s sister. Extended family ties are special and should be honored; yet they should be kept separate from the business of OHA or for that matter at any state agency.

Unfortunately, Apoliona is unable to distinguish between her personal and professional relationships in regards to her commitment to Haunani Bernardino to care for her younger sibling Mona Bernardino. It is ironic that Mona Bernardino who has a poor track record in education administration (she was previously released as acting principal of Ka Waihona O Ka Na'auao New Century Charter School) was hired as an OHA Director whose responsibilities included advocacy in the field of education for Hawaiians.

After she threatened to leave OHA for a position with the Audubon Society, Mona Bernardino was promoted to the position of Deputy Administrative of Beneficiary, Advocacy, and Empowerment. It is obvious that Haunani Apoliona could not allow this to occur, due to her personal commitment to Mona’s sister, Haunani Bernardino. The position, which was never posted either in-house at OHA or publicly, carries an estimated annual salary of $90,000 to $100,000. Thus, Haunani Apoliona has kept her commitment to Haunani Bernardino. Again, keeping it “all in the family.”