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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...

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(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(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(c)(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.

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 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.”

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.

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.

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

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..”

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."