§202.  Department officers, staff, commission, members, compensation.  (a)  There shall be a department of Hawaiian home lands which shall be headed by an executive board to be known as the Hawaiian homes commission.  The members of the commission shall be nominated and appointed in accordance with section 26‑34, Hawaii Revised Statutes.  The commission shall be composed of nine members, as follows:  three shall be residents of the city and county of Honolulu; two shall be residents of the county of Hawaii one of whom shall be a resident of east Hawaii and the other a resident of west Hawaii; two shall be residents of the county of Maui one of whom shall be a resident from the island of Molokai; one shall be a resident of the county of Kauai; and the ninth member shall be the chairman of the Hawaiian homes commission.  All members shall have been residents of the State at least three years prior to their appointment and at least four of the members shall be descendants of not less than one-fourth part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.  The members of the commission shall serve without pay, but shall receive actual expenses incurred by them in the discharge of their duties as such members.  The governor shall appoint the chairman of the commission from among the members thereof.

     The commission may delegate to the chairman such duties, powers, and authority or so much thereof, as may be lawful or proper for the performance of the functions vested in the commission.  The chairman of the commission shall serve in a full-time capacity.  He shall, in such capacity, perform such duties, and exercise such powers and authority, or so much thereof, as may be delegated to him by the commission as herein provided above.

     (b)  The provisions of section 76-16, Hawaii Revised Statutes, shall apply to the positions of first deputy and private secretary to the chairman of the commission.  The department may hire temporary staff on a contractual basis not subject to chapters 76 and 78, Hawaii Revised Statutes, when the services to be performed will assist in carrying out the purposes of the Act.  These positions may be funded through appropriations for capital improvement program projects and by the administration account, operating fund, or native Hawaiian rehabilitation fund.  No contract shall be for a period longer than two years, but individuals hired under contract may be employed for a maximum of six years; provided that the six-year limitation shall not apply if the department, with the approval of the governor, determines that such contract individuals are needed to provide critical services for the efficient functioning of the department.  All other positions in the department shall be subject to chapter 76, Hawaii Revised Statutes.

     All vacant and new civil service positions covered by chapter 76, Hawaii Revised Statutes, shall be filled in accordance with section 76-22.5, Hawaii Revised Statutes; provided that the provisions of these sections shall be applicable first to qualified persons of Hawaiian extraction. [Am Jul. 26, 1935, c 420, §1, 49 Stat 504; May 31, 1944, c 216, §1, 58 Stat 260; Jul. 9, 1952, c 618, 66 Stat 515; am L 1963, c 207, §1; am imp L 1965, c 223, §§5, 8; am L 1977, c 174, §1; am L 1983, c 147, §2; am L 1984, c 199, §2; am L 1985, c 295, §1; am L 1986, c 249, §1; am L 1989, c 265, §2; am L 2002, c 148, §48]


Cross References


  Acting board members, see §26-36.

  Membership on other boards prohibited, see §78-4.

  Public agency meetings and records, see chapter 92.

  County ownership of sewer transmission lines and facilities servicing Hawaiian home lands, see §46-20.1.


Attorney General Opinions


  Provision conferring employment preference to Hawaiians conflicts with Title VII of the Civil Rights Act of 1964 and is invalid.  Att. Gen. Op. 81-4.


Law Journals and Reviews


  Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts.  14 UH L. Rev. 519.

  A Modest Proposal for Determining Class Member Damages:  Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action.  34 UH L. Rev. 1 (2012).