THE UNITED STATES DEPARTMENT OF JUSTICE
OFFICE OF THE U.S. TRUSTEE
David C. Farmer, Successor Trustee
Bobby N. Harmon
(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)
United States District Court, District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
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Address to be determined.
Anthony Ching was the Executive Director, Hawaii Land Use Commission.
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May 9, 2009
Terms expiring; report cites program continuity
By Rick Daysog
Advertiser Staff Writer
A court-appointed master for the Kamehameha Schools is recommending a one-year extension for trustee Robert Kihune, whose term ends next month.
In a 117-page report filed with the state Probate Court last month, attorney David Fairbanks also recommended a one-year extension for trustee Diane Plotts and two-year extensions for board members Douglas Ing and Nainoa Thompson.
"The potential for loss of substantial institutional knowledge, wisdom, continuity, momentum and even stability is great, and the threats of an interruption in the present, established path of governance, a less-than-smooth transition ... and interruption of important, newly implemented programs are very real," Fairbanks wrote.
Kihune, a retired Navy vice admiral, will step down June 30 after having served on Kamehameha School's board since 2000.
A Probate Court-appointed trustee screening committee recently named three finalists to replace Kihune. They included state Department of Hawaiian Homes Lands Chairman Micah Kane, state Community Development Authority Executive Director Anthony Ching and former Kamehameha Schools executive and ex-DHHL Chairman Ray Soon.
Deputy Attorney General Hugh Jones, whose office serves as the legal guardian for the estate, had no comment, saying he has not yet completed his review of Fairbanks' recommendations.
A trust spokesman also had no comment but said the estate will file a response to Fairbanks' recommendations with the Probate Court shortly.
Kamehameha Schools, which was established by the 1883 will of Princess Bernice Pauahi Bishop, is a nonprofit charitable trust that educates Hawaiian children.
It is one of the nation's largest charities and is Hawai'i's largest private landowner, with more than 360,000 acres.
In addition to extending current trustees' terms, Fairbanks also recommended that future board members receive a 10-year term.
Currently, all five trustees serve five-year terms and are eligible for up to two terms. Thompson's term ends next year, Plotts' tenure ends in 2011 and Ing's term ends 2012.
Trustees earn about $90,000 a year.
Fairbanks said he was satisfied with the progress made by Kamehameha CEO Dee Jay Mailer and her management team but expressed concern about continuity within Kamehameha's boardroom in light of the recent financial challenges faced by the trust.
His report noted that the value of the trust's endowment dropped by 20.4 percent from $9.44 billion on June 30, 2008, to $7.36 billion on Dec. 31, 2008, as a result of the global financial downturn and the national economy.
(Catbird note: Not to mention the greed, corruption and mismanagement of the current Kamehameha Schools’ trustees and management who they now want to EXTEND a couple of years ... so they can lose another $2 or $3 billion???)
"The recent dramatic downturn in the economy, significant losses in investments, the decline in the real estate market with attendant reductions in revenues and lower values, and their potential adverse impact upon the trust's educational programs including outreach programs, make it critical that the transition to an essentially brand new board of trustees be as smooth as possible," he said.
http://www.honoluluadvertiser.com/article/20090509/NEWS01/905090325/1001 ~ ~ ~
October 9, 2001
Maui Planning Commissioners individually served at today's meeting
Members of the Maui Planning Commission today were served with copies of an amended complaint naming them as defendants in their individual, as well as official, capacities in a lawsuit filed by the Hale O Kaula church. The action came as they prepared to convene their regular meeting at the Maui County office building in Wailuku. The lawsuit was initially filed on September 19 in U.S. District Court in Honolulu.
Named as individual defendants were Commission members Samuel Kalalau III, Jeremy F. Kozuki, Bernice Lu, Star Medeiros, Susan Moikeha, Herman Nascimento, Randy Piltz, Joseph Pontanilla and Mona Richardson. Other defendants in the lawsuit include Planning Director John E. Min, Maui Mayor James Apana, Jr., Commission Hearing Officer Judith Neustadter Fuqua, Hawaii Governor Benjamin Cayetano and State Land Use Commission Executive Director Anthony Ching.
Mayor Apana, Gov. Cayetano and Mr. Ching are sued only in their official capacities. The suit also names the Maui Planning Commission, the County of Maui and the Land Use Commission of Hawaii as defendants.
The suit charges that "By denying Plaintiffs the ability to use their agricultural property as a place of worship, the State of Hawaii and the County of Maui prevent Plaintiffs from practicing the Joseph Ministry, which is largely dependent on agricultural land use and is central to the Church's religious vision and function." It adds that "denial of the special use permit was the result of community opposition against Hale O Kaula and its members based on religious prejudice."
Each of the defendants being sued in their individual capacities are accused of having "conspired with one or more of the other Defendants . . . for the purpose of depriving each of the Plaintiffs of the equal protection of the laws, or of equal privileges and immunities under the laws."
The complaint seeks an injunction barring enforcement of land use rules to prevent Hale O Kaula from developing its property on Anuhea Place in Pukalani for use as a church, a declaration that the land use rules are unconstitutional, and damages and attorney's fees.
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Anthony Ching is expected to testify regarding his business, professional, political and personal relationships with Judith Neustadter Fuqua, Ben Cayetano, Linda Lingle, Bob Awana, James “Kimo” Apana, J.P. Schmidt, Mark Bennett, Steve Case, Stephanie Case, Faye Kurren, Colbert Matsumoto, The Nature Conservancy, Haunani Apoliona, Oswald Stender, Office of Hawaiian Affaire (OHA), U.S. Department of Fish & Wildlife, Gale Norton, Henry Paulson, Dan Inouye, Daniel Akaka, Oprah Winfrey, Richard “Dickie” Wong, Jeffrey Stone, Kamehameha Schools/Bishop Estate, Mary Lou Woo, Coldwell Banker, Guido Giacometti, Nathan Aipa, Colleen Wong, Lyn Anzai, Earl Anzai, Eric Seitz, Rockne Freitas, Paul Cathcart, Larry Mehau, John Waihee, Charles Ota, Curtis Ching, James Nicholson, Carol Muranaka, and other entities to be named upon discovery.
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