HOUSE OF REPRESENTATIVES	H.C.R. NO.	179
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE  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, k puna, and representatives from forty-three moku across the State gathered at Puwalu  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  Elua and Puwalu  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  aha moku system into state governance and resource management policy; and

 

     WHEREAS, the Legislature enacted Act 288, Session Laws of Hawaii 2012, establishing the  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  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  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  Aha Moku Advisory Committee provided the representation required under existing law; and

 

     WHEREAS, the  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  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  aha moku island councils and community groups exist separately from the statutorily established  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  Aha Moku Advisory Committee; and

 

     WHEREAS, the  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  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  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  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  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  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, the Senate concurring, that the  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  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  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  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  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  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 Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources; Executive Director of the  Aha Moku Advisory Committee; and each member of the  Aha Moku Advisory Committee.

 

 

 

OFFERED BY:

_____________________________

Report Title: 

 Aha Moku Advisory Committee; Rules of Practice; Sunshine Law