Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 12, 1 December 1999 — AG: Administrator's authority upheld [ARTICLE]

AG: Administrator's authority upheld

By Paula Durbln N RESPONSE to a request from Representative Miehael Kahikina, the Department of the Attomey General has affirmed the Office of Hawaiian Affairs Board of Tmstees' action validating and clarifying the authority of OHA Administrator Randall Ogata. Kahikina's request concerned an action item amending the Executive Officer Section 2.6 of the OHA Policy and Procedures Manual with the following: "The duties, responsibilities and authority of the Administrator include the following: (1) The Administrator is the principal executive that has broad authority to manage the office. (2) The Administrator has the authority to delineate the structure, functions, duties and responsibilities performed by eaeh program area and define the lines of authority between program areas. (3) The Administrator has the authority to define position titles and duties and responsibilities and lines of authorities. (4) The administrator has direct supervision over all personnel stafif at OHA, except the aides assigned to the Trustees."

The action item, recommended to the board by the Joint Committees on Budget and Finance and Policy and Planning, required two readings. It was approved by a six-three vote at the board's March 19 meeting on Kaua'i, and at its March 23 meeting in the OHA boardroom. Voting against the measure were Trustees Frenchy DeSoto, Haunani Apoliona and Colette Machado who filed their dissent in writings dated March 19 and 23. In the March 23 document, the three dissenting tmstees alleged the amendment to the policy manual contradicted chapters 10 and 554 of the Hawai'i Revised Statutes. In his request, Kahikina had asked the Attomey General for an opinion on the significance and effect of the written dissent. According to the Attorney General, the board's majority had "acted consistent with the letter and legislative history of HRS chapter 10 in amending the OHA Policy and Procedures Manuel to clarify the duties of the administrator." Referring to the provisions included in the amendment as approved, the opinion concluded, "the foregoing duties and responsibilities are already inherent in the administrator's position or are delegable to the administrator by the OHA board." ■