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HR169
HOUSE OF REPRESENTATIVES
H.R. NO.
169
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
HOUSE RESOLUTION
URGING THE
ʻ
AHA
MOKU ADVISORY COMMITTEE TO FOLLOW ITS ADOPTED RULES OF PRACTICE, FULFILL ITS
STATUTORY DUTIES, including complying with the sunshine law, CONDUCT A
PERFORMANCE REVIEW OF ITS EXECUTIVE DIRECTOR, AND ESTABLISH POLICIES TO ASSURE
CONSISTENT STANDARDS OF ADMINISTRATIVE AND MANAGERIAL ACCOUNTABILITY
.
����
WHEREAS, in
August 2006, Native Hawaiian cultural practitioners, kūpuna, and
representatives from forty-three moku across the State gathered at Puwalu
ʻ
Ekahi to share manao
and call for a process to uphold and perpetuate traditional Hawaiian land and
ocean practices; and
����
WHEREAS, subsequent
gatherings known as Puwalu
ʻ
Elua
and Puwalu
ʻ
Ekolu,
held in November and December 2006, convened educators, policymakers, cultural
practitioners, environmental experts, and community leaders to discuss the
integration of traditional Hawaiian knowledge and management practices into
public policy, education, and resource management; and
����
WHEREAS, additional
puwalu convened between 2006 and 2010 gathered input from farmers, fishers,
environmental advocates, educators, Native Hawaiian organizations, agencies,
and governmental representatives, resulting in consensus on the need to
integrate the traditional
ʻ
aha
moku system into state governance and resource management policy; and
����
WHEREAS, the
Legislature enacted Act 288, Session Laws of Hawaii 2012, establishing the
ʻ
Aha Moku Advisory
Committee and administratively attaching it to the Department of Land and
Natural Resources to advise the State on Native Hawaiian traditional and
customary resource management practices; and
����
WHEREAS, the
ʻ
Aha Moku Advisory
Committee appears to have held meetings in 2013 and 2014 addressing
organizational development, funding, communications, and the development of a
strategic plan and reporting framework; and
����
WHEREAS, on
October 20, 2016, the
ʻ
Aha
Moku Advisory Committee reportedly adopted Rules of Practice and Procedure to
govern its operations; and
����
WHEREAS, a
resolution adopted at the November 2016 puwalu gathering referenced the
adoption of those Rules of Practice and Procedure and expressed support for
adherence to them; and
����
WHEREAS, a
resolution adopted at the 2017 puwalu gathering expressed concerns regarding
whether the
ʻ
Aha
Moku Advisory Committee provided the representation required under existing law;
and
����
WHEREAS, the
ʻ
Aha Moku Advisory
Committee receives annual state funding of approximately $286,300 through the
Department of Land and Natural Resources and is subject to public
accountability and transparency standards; and
����
WHEREAS, as a
public advisory committee, the
ʻ
Aha
Moku Advisory Committee is subject to the Sunshine Law, which requires
deliberations and decision-making to occur in properly noticed public meetings;
and
����
WHEREAS, independent
ʻ
aha moku island
councils and community groups exist separately from the statutorily established
ʻ
Aha Moku
Advisory Committee and are not the subject of this measure; and
����
WHEREAS, concerns
have been raised within the Native Hawaiian community regarding the
administration, representation, and transparency of the
ʻ
Aha Moku Advisory Committee; and
����
WHEREAS, the
ʻ
Aha Moku Advisory
Committee has not consistently convened publicly noticed meetings, raising
concerns regarding compliance with the Sunshine Law; and
����
WHEREAS, the
Executive Director of the
ʻ
Aha
Moku Advisory Committee has acknowledged that the Committee does not follow the
Rules of Practice reportedly adopted on October 20, 2016; and
����
WHEREAS, there
is no publicly available record indicating that the
ʻ
Aha Moku Advisory Committee has repealed,
amended, or formally discontinued those Rules of Practice; and
����
WHEREAS, the
absence of publicly available agendas, minutes, reports, and other
administrative records has limited transparency and hindered public
participation and oversight; and
����
WHEREAS, although
the
ʻ
Aha Moku
Advisory Committee employs an Executive Director, the lack of regular meetings,
administrative records, budgetary accounting, and statutorily required reports
raises concerns regarding oversight, governance, and accountability; and
����
WHEREAS, because
the
ʻ
Aha Moku
Advisory Committee has not convened a publicly noticed meeting for more than
five years, there is no apparent mechanism for the Advisory Committee to manage
or evaluate its Executive Director, including performance reviews, duties, or
salary and budgetary decisions; and
����
WHEREAS, advisory
positions have been issued in the name of the
ʻ
Aha
Moku Advisory Committee without those matters being properly agendized,
deliberated, and adopted at Sunshine Law‑compliant meetings; and
����
WHEREAS, consistent
administrative and managerial policies are necessary to ensure accountability,
effective oversight, and responsible stewardship of public resources; now,
therefore,
����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, that the
ʻ
Aha Moku Advisory Committee is urged to
follow and implement the Rules of Practice and Procedures reportedly adopted on
October 20, 2016; and
����
BE IT FURTHER
RESOLVED that the
ʻ
Aha
Moku Advisory Committee is urged to fulfill all statutory duties, including
complying with the Sunshine Law, holding regular meetings, ensuring
transparency in decision-making, providing appropriate oversight of the
Executive Director, and submitting required reports in a timely manner; and
����
BE IT FURTHER
RESOLVED that advisory positions issued in the name of the
ʻ
Aha Moku Advisory
Committee be adopted only through properly noticed public meetings in
compliance with the Sunshine Law; and
����
BE IT FURTHER
RESOLVED that the
ʻ
Aha
Moku Advisory Committee is urged to conduct a formal performance review of its
Executive Director and to convene an open and properly noticed meeting to
evaluate legal and administrative risks facing the Advisory Committee,
including compliance with the Sunshine Law, statutory reporting requirements,
and fiscal accountability; and
����
BE IT FURTHER
RESOLVED that the
ʻ
Aha
Moku Advisory Committee is urged to adopt appropriate administrative and
managerial policies and procedures to promote consistent standards of
accountability and effective governance; and
����
BE IT FURTHER
RESOLVED that the Chairperson of the Board of Land and Natural Resources is
requested to exercise oversight to ensure that the
ʻ
Aha Moku Advisory Committee fulfills its
mandated purpose and operates in compliance with the Sunshine Law and other
applicable legal requirements; and
����
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the
Chairperson of the Board of Land and Natural Resources; Executive Director of
the
ʻ
Aha Moku
Advisory Committee; and each member of the
ʻ
Aha
Moku Advisory Committee.
OFFERED BY:
_____________________________
Report Title:
�
ʻ
Aha Moku Advisory
Committee; Rules of Practice; Sunshine Law