A trustee with the has accepted nearly $16,000 from a Native Hawaiian heiress to pay for legal fees in her battle against fellow trustees.听
The contribution raises ethical questions about what public officials can receive in terms of gifts, contends OHA’s attorney in the case.听
Trustee Rowena Akana reported receiving $15,960 from Abigail Kawananakoa, who from the Campbell Estate when the private land trust terminated in 2006.
Akana identified receiving the money in filed with the Hawaii State Ethics Commission on Saturday. The filing period is from June 1, 2016, to June 1, 2017.
OHA is a semi-autonomous government agency whose mission is the betterment of Native Hawaiians.听Kawananakoa is a descendant of Hawaiian royalty who often gets involved in native issues and politics.
Akana did not respond to a media inquiry. Colette Machado, the OHA Board of Trustees chairwoman, and OHA CEO Kamanaopono Crabbe, had no comment.
An attorney for Kawananakoa, , confirmed that his client paid for legal fees for Akana, although he was not certain of the exact amount.
The fees stem from a 2013 lawsuit by Akana against the eight other OHA trustees alleging breach of fiduciary responsibilities. A countersuit from the trustees against Akana soon followed.
Akana, who has repeatedly questioned how OHA spends its money, complained听that the agency spent $21 million to buy the Gentry Pacific Design Center听along Nimitz Highway. The building is now OHA’s headquarters.
OHA’s attorneys have argued that Akana violated confidentiality agreements by publicly leaking information 鈥 something Akana said was inadvertent.
鈥淥HA has spent between a half a million and a million dollars prosecuting its counterclaim against Trustee Akana, for which they still cannot demonstrate one dollar in damage,鈥 said Bickerton. 鈥淚t鈥檚 very difficult for an individual to respond to the file pounding from the Alston firm without some help from other people.鈥
Bickerton said he was not aware of any other payments from Kawananakoa to Akana. Akana did not file a 2016 gift disclosure.
Update: Bickerton听said Akana filed the lawsuit against OHA in her official capacity “and that the counterclaim says it is against her in that capacity. She has no personal interest or liability in the case for which attorneys’ fees were paid.”
Paul Alston, director of , represents OHA in the ongoing legal dispute.
鈥淗e鈥檚 wrong on all three accounts,鈥 Alston said of Bickerton鈥檚 statement. 鈥淭hey have not spent that much money on the counterclaim, and they do have damages. There has not been any quote 鈥榝ile pounding.鈥 We have done what was necessary to find the evidence, which was well hidden, that Trustee Akana is guilty of breaking her fiduciary duties.鈥
Alston raised a red flag over Akana鈥檚 gift disclosure.
鈥淚t is quite extraordinary that an elected official would take money from someone who has an obvious political agenda, which has led her to bring her own baseless lawsuit against OHA,鈥 he said.
Alston was referring to a lawsuit filed in February by Kawananakoa against Crabbe and former OHA chairman Robert Lindsey. The lawsuit, since dismissed, alleged that Crabbe and Lindsey breached their fiduciary duties and harmed OHA鈥檚 beneficiaries “by improperly extending Crabbe’s contract in November,鈥 .
Bickerton said the time for an appeal had not yet expired but did not say whether an appeal is coming.
听Alston said the Akana vs. OHA dispute is scheduled for trial in November.
Asked if it was appropriate for Akana to officially disclose the payment from Kawananakoa, Bickerton听said he had not seen the filing.
Source, Value, Purpose
Dan Gluck, the Ethics Commission鈥檚 executive director, said he could not comment on a specific filing.
In general, 听he said gifts can be evaluated on three criteria: the source of the gift, the value of the gift and the purpose of the gift to the state.
A guide to the state ethics code to state officials:
- 鈥淭he gifts law prohibits you from accepting any gift where听there is a reasonable inference that the gift is intended to听influence you in the performance of your job.鈥
- 鈥淭he public should trust you to do your job with听integrity; this trust may be lost if people see you taking听lavish trips, eating fancy meals, or otherwise enjoying听expensive things that are paid for by someone else.鈥
- 鈥淭he Commission looks at what your job is with the state and how your acceptance of this gift may 鈥 or may not 鈥 fit within the State鈥檚 mission and your job duties.鈥
Akana was elected chairwoman of the OHA Board of Trustees in December replacing Lindsey. She was then removed by her colleagues two months later and replaced with Machado.
Gifts Disclosure For 2017 From OHA Trustee Rowena Akana:
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About the Author
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .