OHA asks court to strike minority trustees’ filing in CEO lawsuit

HONOLULU (HawaiiNewsNow) – The Office of Hawaiian Affairs is asking Circuit Court to strike a filing submitted by four minority trustees that claims CEO Stacy Ferreira — currently on paid leave — was retaliated against and is owed damages from her lawsuit against the agency.

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Minority trustees refuse to withdraw filing

The four minority trustees are refusing to withdraw the court filing following a clash at last week’s OHA board meeting. The filing states that OHA Chair Kaiali’i Kahele and other trustees retaliated against Ferreira.

Trustee Keliʻi Akina, one of the four minority trustees, said the board’s actions warranted speaking out.

“There are some things that are potentially violations of law, abuse of power, things taking place condoned by the chair and the majority on the board that are bringing harm to individuals and to the beneficiaries and the people of OHA,” Akina said. “If we don’t speak out, we’d be violating our own fiduciary duty.”

Akina also said the minority trustees acted carefully in submitting the filing.

“We’ve taken pains not to violate the Sunshine Law,” Akina said. “I don’t necessarily know where other trustees stand until I see it in writing in court.”

OHA responds, cites legal risk

OHA responded with separate statements from the chair, vice chair, interim CEO, board counsel and litigation attorney.

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“The filing submitted by the four trustees endangers the agency and its beneficiaries,” said Joseph Adams, partner, Dentons, litigation counsel for The Office of Hawaiian Affairs, in a statement.

“The immediate consequences are not only the possibility of a Sunshine Law violation but also the risk that an unauthorized filing could be treated as OHA’s official legal position,” the statement added.

Former CEO weighs in on board division

Former OHA CEO Kamanaʻopono Crabbe, who navigated his own leadership clashes and board division during his tenure, said the agency needs stable leadership at all levels.

“It’s never good for the integrity of the organization when the board is divided, especially on a personnel issue,” Crabbe said. “This really distracts from the great work that the staff is doing. Irregardless, it should be handled in a manner that protects the trust assets of the organization.”

Interim CEO Summer Sylva said in a statement in part: “OHA will continue to address employment matters responsibly, lawfully, and with integrity… we remain focused on the mission entrusted to us.”

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