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OHA: Office of Hawaiian Affairs

Process for filling the Hawai‘i Island Trustee vacancy

The Office of Hawaiian Affairs is no longer accepting nominations to fill the Hawaiʻi Island Trustee vacancy.

This vacancy must be filled by a Hawai‘i Island resident approved by a 2/3 vote (i.e., 6 of the remaining 8 members) of OHA’s Board of Trustees (BOT) within 60 days of the vacancy (i.e., April 2, 2022). The appointed Hawai‘i Island Trustee will serve until the general election on Nov. 8, 2022.

Interested individuals should email BOTNominee@oha.org by Wednesday, Feb. 9, 2022, at 4 p.m. with the following information:

  • Full name
  • Contact information: phone # and email

OHA PROCESS FOR FILLING THE HAWAI‘I ISLAND TRUSTEE VACANCY

Updated on Feb. 17, 2022

Thursday, 2/3/22: OHA activates a website and email address (BOTNominee@oha.org) to accept nominations from beneficiaries and the public to fill the vacancy of the Hawai’i Island Trustee for consideration by the OHA BOT.

Monday, 2/7/22: OHA’s CEO will email Trustees with the names of the nominations received at BOTNominee@oha.org. A list of all nominations will be forwarded, but the nominations will not be reviewed for eligibility.

Wednesday, 2/9/22: After the close of business, OHA’s CEO will email Trustees an updated list of the nominations received at BOTNominee@oha.org

Thursday, 2/10/22: At the public BOT meeting on 2/10/22, Chairperson Lindsey will announce that each OHA Trustee will have the opportunity to nominate one individual for consideration as the replacement Hawai‘i Island Trustee by sending an email with a nominee’s name, phone number, and email to the CEO by 4:30 p.m. on 2/10/22. The CEO will compile a list of the Trustees’ nominees and send the BOT a list of the nominees to confirm that the list reflects each of the nominees submitted by the Trustees.

OHA Administration will email an attestation form to each of the nominees to determine eligibility to serve as the Hawai’i Island Trustee. Nominees must be a resident of Hawai’i Island (supported by documentation), registered to vote in Hawai’i, and must hold no other public office.

Friday, 2/11/22: The deadline for nominees to submit the Hawai’i Island Trustee attestation form is 4:30 p.m. If a nominee does not submit the attestation form by the deadline, or if the nominee is determined ineligible, the nominating Trustee(s) will be provided the opportunity to offer a replacement nominee. 

Following receipt of a nominee’s attestation, OHA Administration will ask each nominee to submit the following, up to a maximum of 20 pages in total:

  • A one-page cover letter;
  • A one-page statement of interest describing their desire to serve as the Hawai‘i Island Trustee and their priorities as trustee;
  • A resume; and
  • Additional qualification materials to be considered by the BOT

Wednesday, 2/16/22: Deadline for nominees to submit nomination materials by 4:30 p.m.

Thursday, 2/17/22: Deadline to file and publish the 2/23/22 BOT meeting agenda with the names of the Hawai‘i Island Trustee nominees.

Sunday, 2/20/22:  Transmittal of the board meeting materials, including information containing the nominees’ resumes and other materials (with personal information redacted).

Wednesday, 2/23/22:  The Board meeting begins at 9:00 a.m., with regular Board business being conducted, including acceptance of oral (2-minute limit) and written testimony ONLY on this date.  At the conclusion of oral testimony, the meeting will proceed with board business.

1)  Note: To allow enough time for public testimony, the OHA Board of Trustees will continue its meeting to Thursday, February 24, 2022 at 9:00 am.  The links to view and listen to the meeting by phone will remain the same as that listed at the beginning of this agenda (see further Note below).

  1. Note:  In order to allow enough time for beneficiaries and members of the public to present oral testimony on the nominees, the OHA Board of Trustees will accept written testimony and oral testimony online on Wednesday, 2/23/22.  After all interested persons are given the opportunity to provide oral testimony, the Board of Trustees will close the Public Testimony portion of the meeting and proceed with its board business.  After Agenda Item III.C., the OHA Board of Trustees will recess its meeting, to be continued on Thursday, 2/24 at 9:00 am.  Upon its reconvening on Thursday, 2/24, the Board of Trustees will take up Agenda Item III.D. – Review and Selection of a Nominee to Fill the Hawai‘i Island Trustee Vacancy and receive presentations from the candidates, then enter into decision-making to approve a new Hawai‘i Island Resident Trustee.  Additional written and oral testimony will not be accepted at the continued meeting on Thursday, 2/24.  OHA virtual meetings can be viewed at www.oha.org/livestream or can be listed to via telephone using the information listed at the beginning of the meeting agenda.

Thursday, 2/24/22: The meeting resumes at 9:00 a.m., no additional oral or written testimony will be accepted. Candidate presentation(s), review, and votes shall occur in an open session of the BOT.  Nominees to present for 5 minutes, then field Trustee questions.  Voting will be done by secret ballot and given to the Board’s Counsel who will announce the outcomes of each round of voting. There will be a minimum of two rounds of voting. Nominees who do not receive at least one vote in the first round will not be considered in the second round.  

The new Hawai‘i Island Trustee must be approved by 6 of the 8 remaining OHA Trustees. The Hawai‘i Island Trustee approved at the 2/24/22 meeting will be seated effective 3/1/22.

In the event that a replacement Hawai‘i Island Trustee is not approved on 2/24/22, Chairperson Lindsey may schedule additional votes at subsequent meetings held prior to 4/2/22.

Saturday, 4/2/22: Deadline for OHA BOT to approve a Hawai‘i Island Trustee replacement. If the OHA BOT is unable to approve a replacement by this date, Chairperson Lindsey shall notify the Governor of the need for him to fill the Hawai‘i Island Trustee vacancy by 5/2/22.


Background

On January 26, 2022, Keola Lindsey, Hawai‘i Island Trustee, notified Chairperson Lindsey and the OHA Board of Trustees (“BOT”) of his resignation from the OHA BOT, effective February 1, 2022.

The process to fill a vacancy on the OHA BOT is provided by state law as follows:

§17-7 Board of trustees, office of Hawaiian affairs.

  • Whenever any vacancy in the membership of the board of trustees occurs, the term of which ends at the next succeeding general election, the vacancy shall be filled by a two-thirds vote of the remaining members of the board. If the board fails to fill the vacancy within sixty days after it occurs, the governor shall fill the vacancy within ninety days after the vacancy When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term.
  • In the case of a vacancy, the term of which does not end at the next succeeding general election:
    • If it occurs not later than on the ninetieth day prior to the next succeeding primary election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 and shall be nominated and elected in accordance with this title. Pending the election, the board or the governor shall make a temporary appointment to fill the vacancy in the manner prescribed under subsection (a). When island residency is required under section 13D-1, the person so appointed shall reside on the island from which the vacancy occurred, and shall serve for the duration of the unexpired term, and shall serve until the election of the person duly elected to fill such vacancy.
  • All appointments made by the board or the governor under this section shall be made without consideration of the appointee’s party preference or (emphasis added).

In summary, the Hawai‘i Island Trustee vacancy must be filled by a Hawai‘i Island resident appointed by a 2/3 vote of the remaining members of the BOT (i.e., 6 of 8 members) within 60 days of the vacancy (i.e., April 2, 2022). If the OHA BOT does not fill the vacancy within 60 days, the vacancy shall be filled by the Governor within 30 days thereafter (i.e., May 2, 2022). The appointed Hawai‘i Island Trustee will serve until the 2022 general election (i.e., November 8, 2022).

Pursuant to HRS 17-7(b)(1), the Hawai‘i Island Trustee seat will be placed on the ballot for this year’s general election and the elected Hawai‘i Island Trustee will serve out the remaining two years of the Hawai‘i Island Trustee’s current term.

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