KWO - August 2013 | Vol. 30, No. 8

Page 5

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‘aukake2013 5

governance

Search begins for new SHPD administrator By Garett Kamemoto

T

he State Historic Preservation Division, or SHPD, is looking for a new administrator following the resignation of Pua Aiu, who had served for the past five years. A screening committee has been formed to name a new administrator. Its members are Department of Land and Natural Resources Chairman William Aila Jr., DLNR Deputy Director Esther Kia‘äina, Office of Hawaiian Affairs Ka Pouhana/Chief Executive Officer Kamana‘opono Crabbe and University of Hawai‘i anthropology and ethnic studies professor Ty Käwika Tengan. Qualified candidates have been invited to submit their resumes directly to Aila at William.J.Aila@hawaii.gov. Aiu’s resignation comes following the release of a scathing report by the National Park Service of the state’s progress to correct problems in the division. The National Park Service report noted the state has not corrected numerous problems, including a “lack of cooperation from the SHPD Administration; a lack of strategic vision and planning on the part of the SHPD Administrator; the SHPD

Administrator’s lack of understanding of administrative, operational and fiscal processes; a strong disconnect between the SHPD Administrator and SHPD program and administrative staff; William Aila Pua Aiu recruitment and retention problems; basic lack of communication, accountability and transparency to the public and disconnects between DLNR administration and the SHPD.” “I thought the report was unkind in its references to the administrator,” Aila said at the announcement of Aiu’s resignation in July. “I still think we’ve accomplished a lot more than they give us credit for.” He added he thought Aiu had been doing an “excellent job.” Aila said the report faulted the state for the failure to hire a librarian, but they have been unable to do so because the federal funding for the position had been cut. He said he plans to ask for clarification from the federal

government on some of the criticisms. Aila said under the federal action plan, the state will be required to do more survey and inventory work. “So from the federal perspective they’re more interested in what are we doing to get historic properties on the national register. From our perspective that’s important, but what is equally important is how do we do the daily business of the State of Hawai‘i in balancing the economy with protection and preservation?” The report commended the hard work of staff but noted the division requires more staffing. In selecting a new administrator, Aila said he hopes to find someone who can work across a broad array of constituents. But Aila noted the job is a difficult one, since there are many competing interests to be navigated. “I think whoever is in this job will continue to be criticized because inherently there is the conflict and so you’re not going to make everyone happy.” Meanwhile, Nicki Ann Thompson was appointed as acting administrator for the State Historic Preservation Division through September 30, 2013. Thompson has been registrar for the Bureau of Conveyances since 2008 and has 25 years of experience in real estate and state laws and administration. ¢

2013 Legislative Review By Sterling Wong

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f all goes well, the Moloka‘i Island Burial Council will finally get to meet for the first time since 2008 because of a recently signed law proposed by the Office of Hawaiian Affairs. Act 276, which was signed on July 9 by Lt. Gov. Shan Tsutsui, resolves several composition and quorum issues that have beset the island burial councils for years. These issues have prevented many of them from meeting regularly, thereby hindering their ability to make critical decisions to protect our iwi kupuna. The island burial council

law was one of seven measures that OHA either proposed in its Legislative Package or helped develop that were enacted in 2013, highlighting a very successful legislative session for the agency. In addition to OHA’s priority measures, a number of other laws were passed in 2013 that impact Native Hawaiians, including Act 287, which changes the way OHA trustees are elected, and the highly controversial Act 85, which many believe will significantly reduce the protection of historic sites and iwi kupuna. Below is a review of the most notable measures impacting Native Hawaiians in 2013 and how they fared.

SB 409 (OHA Legislative Package Bill) Status: Act 28 OHA Position: Support Description: Act 28 officially codifies into statute the Hawaiian language community’s longstanding recognition of February as ‘Ölelo Hawai‘i Month. Act 28 is especially historic because it is the first law published in Hawaiian since 1943, when the requirement to print laws in both English and Hawaiian was abolished. OHA believes this law is a significant step forward in normalizing the Hawaiian language and giving real meaning to the designation of Hawaiian as one of two official languages of the state.

Hawaiian language proponents have long recognized February as ‘O¯lelo Hawai‘i Month. In April, Gov. Neil Abercrombie made it official by signing into law Senate Bill 409. - Photo: OHA Communications Natural and Cultural Resources Senate Bill 407 (OHA Legislative Package Bill) Status: Act 276 OHA Position: Support Description: Most significantly, Act 276 reduces the number of representatives for the Kaua‘i/Ni‘ihau, O‘ahu, Maui/Läna‘i and Hawai‘i island burial councils from 15 to nine and the Moloka‘i island burial council from 15 to five. The law also clarifies a number of longstanding legal ambiguities relating to the quorum and composition of the island burial councils.

SB 406 (OHA Legislative Package Bill) Status: Carries over to 2014 OHA Position: Support Description: By proposing SB 406, OHA continued its efforts to require certain board and commission members to receive critical training on their responsibilities under current state law to protect Native Hawaiian rights and public trust resources, such as water and land. The training aims to empower policymakers to make better informed decisions that are consistent with their legal responsibilities. Although it did not pass this session and will carry over to 2014, the bill received widespread support from lawmakers, state officials and the community. OHA held the inauSee Legislature on page 6


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