Ka Wai Ola
The following actions were taken by the Office of Hawaiian Affairs Board of Trustees, and are summarized here. For more information on board actions, please see the complete meeting minutes posted online at www.oha.org/BOT.
April 11, 2019

Motion to move to approve Administration’s recommendations on NEW BILLS (Items 1-2) and BILL POSITIONS FOR RECONSIDERATION (Item 3); as well as

ADD:

  • HCR 132/SCR 174 as COMMENT

on the OHA Legislative Positioning Matrix dated April 10, 2019, as amended.

Motion passes with nine AYES.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to move to approve Administration’s recommendations on:

  • OHA FED 1: S. 256 / H.R. 912; and
  • OHA FED 2: S. 467 / H.R. 1191, both as SUPPORT

on the Federal Legislative Matrix dated April 10, 2019.

Motion passes with nine AYES.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to approve RM #19-02 to authorize and approve an amendment to extend the Time of Performance for OHA Contract #3284 from April 30, 2019 to December 16, 2019. Moreover, any document requests to OHA, either outstanding or new requests, if any, shall be responded to as soon as possible, but in no case after April 29, 2019 such that the timeline for performance by CLA is not extended further.

Motion passes with eight AYES and one NO vote.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAʻole ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to move to approve BOT executive policy amendments relating to a Trustee Protocol

Allowance to cover expenses incurred in the course of a Trustee’s duties and responsibilities as shown in Attachment “A” and Corresponding and Conforming Changes to BOT Operations Manual as shown in Attachment “B.”

Motion passes with nine AYES.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to move to approve the method, process, timeline, survey, and evaluation instrument for the performance appraisal of Ka Pouhana/CEO as recommended by Kumabe HR LLC in its presentation to the Board of Trustees on April 11, 2019:

  1. Use the 360 degree evaluation model as the method to evaluate the performance of Ka Pouhana/CEO;
  2. Follow the process to implement the 360 degree evaluation as outlined in the presentation;
  3. Use the survey recommended and drafted by Kumabe HR LLC for generating comments from participants identified in the presentation;
  4. Use the evaluation instrument recommended and drafted by Kumabe HR LLC to compile results from Trustees to evaluate Ka Pouhana/CEO;
  5. Establish the performance evaluation period as outlined in the presentation to include April 1, 2018 to June 1, 2019 with a flexible closing date depending on the final performance approval; and
  6. Follow the timeline outlined in the presentation to complete the performance appraisal of Ka Pouhana/CEO by June 6, 2019.

Motion passes with nine AYES.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe
May 2, 2019

Motion to move to approve Administration’s recommendations on NEWBILLS; Items I and 2, both as MONITOR, and Item 55, HB1586 as COMMENT on the OHA Legislative Positioning Matrix dated May 1, 2019, as amended.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe Excused ʻAe ʻAe

Motion to move to approve BOT executive policy amendments relating to a Trustee Protocol Allowance to cover expenses incurred in the course of a Trustee’s duties and responsibilities as shown in Attachment “A” and Corresponding and Conforming Changes to BOT Operations Manual as shown in Attachment “B.”

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe Excused ʻAe ʻAe

MOTION:

The RM Committee approves and recommends approval to the Board of Trustees of the FY19 Commercial Property Budget Realignment for:

  1. Kaka‘ako Makai revenue of $2,234,275 (increase);
  2. Nā Lama Kukui revenue of $691,996 (increase);
  3. Nā Lama Kukui expenses of $150,040 (increase); and
  4. Kaka‘ako Makai reclassification of $394,375 in expenses from the ‘equipment’ to ‘program’ line item classification.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe Excused ʻAe ʻAe

Motion to approve $35,000 for Emergency Disaster Relief for Kaua‘ula Maui, subject to statutory disbursement requirements; and to authorize and approve the transfer and use of funds available in OHA’s FY19 Core Operating Budget from Program 1100-Board of Trustees, Object Code 57280-Trustee Allowance to Program 3800-Grants, Object Code 56530-Grants in Aid, as amended.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe Excused ʻAe ʻAe

Motion to authorize and approve the use of a professional executive search and consulting firm to assist the Committees on BAE and RM for the recruitment and selection of a Chief Executive Officer and to authorize and approve a budget reallocation to move $50,000 from OHA’s FY 19 Core Operating Budget, program code 1100-Board of Trustees, object code 57280-Trustee Allowance, to object code 57110—Services on a fee Basis.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe Excused ʻAe ʻAe
May 30, 2019

Motion to move to:

  1. Approve the Economic Development Policy, noting that Administration will return with the implementation procedures for Board action;
  2. Approve the Debt Management Policy, noting that Administration will return with the implementation procedures for Board action;
  3. Acknowledge the Spending Policy language and the existing Native Hawaiian Trust Fund (NHTF) Spending policy, as Amended, noting Administration will return with consolidated policy document for Board action; and
  4. Acknowledge the Investment and Real Estate Policy language and the existing NHTF Investment and Real Estate Vision, Mission, and Strategy policies, noting Administration will return with consolidated policy document(s) for Board action.

Motion passes with six AYES, one ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe Kānalua ʻAe ʻAe ʻAe ʻAe

Motion to approve, adopt, and ratify the Resolutions of the Board of Trustees Office of Hawaiian Affairs, Reorganization Documents, and Hi‘ilei Aloha LLC Manager Position Description as sole member of two limited liability companies, Hi‘ilei Aloha LLC and Ho‘okele Pono LLC, with the following amendment to both Hi‘iIei’s and Hi‘ipaka’s operating agreements in article 4 section 4.03a to now read: “acquire or lease any real or personal property from any Person, pursuant to the conflict of interest policy”.

Motion passes with six AYES, two ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe Kānalua ʻAe Kānalua ʻAe ʻAe ʻAe

MOTION:

Motion 1 – To approve and authorize the disbursement of $2,829,500 from the Fiscal Year 2020 Core Operating Budget (Object Code 56530) and $2,829,500 from the Fiscal Year 2021 Core Operating Budget (Object Code 56530) to fund twenty-two (22) Fiscal Biennium 2020-2021 Community Grant recommendations listed on Attachment A — OHA FB 2020-21 Community Grant Recommendations Matrix, except for the following two (2) grant(s):

  1. Waipa Foundation withdrew their application on Friday, May 17, 2019; and,
  2. The Kohala Center, Inc., due to a conflict of interest for Trustee Robert Lindsey who serves as a current Board member of the organization.

Motion passes with seven AYES, one ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe Kānalua ʻAe ʻAe ʻAe ʻAe

MOTION:

Motion 2 – To approve and authorize the disbursement of $130,000 from the Fiscal Year 2020 Core Operating budget (Object Code 56530) and $130,000 from the Fiscal Year 2021 Core Operating Budget (Object Code 56530) to fund The Kohala Center, Inc.

Motion passes with six AYES, two ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe Kānalua ʻAe Kānalua ʻAe ʻAe

Motion to approve the Scope of Work and Qualification and Requirements as defined in the proposed RFQ in selecting a professional executive search and consulting firm to assist the Committees on Beneficiary Advocacy and Empowerment (BAE) and Resource Management (RM) for the recruitment and selection of a Chief Executive Officer; along with the following two revisions to Action Item BAE-RM #19-05:

  1. Scope of Work; Item 8 now reads as;
    8. Prepare a written summary of five (5) candidates with the most promising qualifications for the position.
  2. Qualifications and Requirements; Item 4 is fully stricken from the document.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to approve and authorize the disbursement of $40,500 from the fiscal Year 2020 Core Operating Budget (Object Code 56530) and $40,500 from the fiscal Year 2021 Core Operating Budget (Object Code 56530) to fund Ahupua‘a o Moloka‘i; a fiscal Biennium 2020-2021 Community Grant recommendation.

Motion passes with seven AYES, one ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe Kānalua ʻAe ʻAe ʻAe ʻAe

Motion to approve L-Lahui Level Policies: (1) E Mālama (to protect); (2) E Ho‘omau (to perpetuate); (3) E Pūpūkahi I Holomua (to unite in order to progress); (4) E ‘Imi ‘Ike (to seek knowledge); (5) E Ho‘oulu Laāhui (to grow the Lāhui) as detailed in Attachments 2 to 6, respectively.

Motion passes with seven AYES, one ABSTENTION and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to approve the formation of a Permitted Interaction Group to investigate the alignment and update of the existing Board of Trustees By-Laws for OHA’s Board Governance Framework.

Permitted Interaction Group – Purview. Via this Action Item, approval is sought to form a new PIG to continue the implementation of the Board Governance Framework elements. The purview of the new PIG is for the Board of Trustees (BOT), BOT staff and OHA Administration staff to work together to: (1) Investigate the alignment and update of existing BOT By-laws and related documents; (2) Establish consistent format, review and update parameters, mechanisms and processes; and (3) Integrate the developed BOT By-Laws and related documents into the Board Governance Framework.

Permitted Interaction Group — Members. The membership of the Permitted Interaction Group is as follows:

  1. Trustee Colette Machado, BOT Chairperson
  2. Trustee Brendon Kalei‘a¯ina Lee, BOT Vice Chairperson
  3. Trustee Robert K. Lindsey, Jr, Resource Management Vice Chairperson
  4. Trustee Carmen Hulu Lindsey
  5. Kamana‘opono M. Crabbe, Ka Pouhana
  6. Sylvia M. Hussey, Ka Pou Nui

Trustee Lee will serve as the Chair of the Permitted Interaction Group and Trustee Machado will serve as its Vice Chair.

Permitted Interaction Group – Term/Duration. The term of the Permitted Interaction Group expires at the completion of the assigned tasks or at the discretion of the Chair of the Board of Trustees, subject to later adjustment, but in no event later than July 31, 2019.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe

Motion to approve the formation of a Permitted Interaction Group (PIG) to investigate the incorporation of completed and approved work products of the Board Governance Framework PIG, L-Lahui Level Policies PIG, Board of

Trustees By-Laws PIG, T-Trustee Level Policies PIG, and C-CEO Level Policies; and alignment and update of existing Board governance documents.

As the implementation of the Board Governance Framework progresses, it is necessary to incorporate the completed and approved work products from each of the PIGs.

Permitted Interaction Group – Purview. Via this Action Item, approval is sought to form a second new PIG to continue the implementation of the Board Governance Framework elements. The purview of the new PIG is for the Board of Trustees (B 01), BOT staff and OHA Administration staff to work together to:

  1. Establish consistent format, review and update parameters, mechanisms and processes for each of the completed and approved work products of the Board Governance Framework from the Board Governance Framework PIG, L-Lahui Level Policies PIG, Board of Trustees By-Laws PIG, T-Trustee Level Policies PIG, and C-CEO Level Policies PIG;
  2. Maintain the Board Governance Framework elements and integrate each final approved work product;
  3. Create and define on going Board Governance framework maintenance roles and responsibilities; and
  4. Align and update related Board governance documents (e.g., policies, procedures, handbooks, manuals).

Permitted Interaction Group — Members. The membership of the Permitted Interaction Group is as follows:

  1. Trustee Colette Machado, BOT Chairperson
  2. Trustee Brendon Kalei‘a¯ina Lee, BOT Vice Chairperson
  3. Trustee Robert K. Lindsey, Jr, Resource Management Vice Chairperson
  4. Trustee Carmen Hulu Lindsey
  5. Kamana‘opono M. Crabbe, Ka Pouhana
  6. Sylvia M. Hussey, Ka Pou Nui

Trustee Lee will serve as the Chair of the Permitted Interaction Group and Trustee Machado will serve as its Vice Chair.

Permitted Interaction Group – Term/Duration. The term of the Permitted Interaction Group expires at the completion of the assigned tasks or at the discretion of the Chair of the Board of Trustees, subject to later adjustment, but in no event later than December 3 1, 2019.

Motion passes with eight AYES and one EXCUSED.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe Excused ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe ʻAe
June 6, 2019
Motion to move to:

  1. Approve the Economic Development Policy, noting that Administration will return with the implementation procedures for Board action;
  2. Approve the Debt Management Policy, noting that Administration will return with the implementation procedures for Board action;
  3. Acknowledge the Spending Policy language and the existing Native Hawaiian Trust Fund (NHTF) Spending policy, as Amended, noting Administration will return with consolidated policy document for Board action; and
  4. Acknowledge the Investment and Real Estate Policy language and the existing NHTF Investment and Real Estate Vision, Mission, and Strategy policies, noting Administration will return with consolidated policy document(s) for Board action.

Motion passes with eight AYES and one ABSTENTION.

Ahu Isa Ahuna Akana Akina Lee H. Lindsey R. Lindsey Machado Waiheʻe
ʻAe ʻAe ʻAe ʻAe Kānalua ʻAe ʻAe ʻAe ʻAe