Information on Kanuikapono Public Charter School

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Kanuikapono Public Charter School Governing Board Selection

August 10, 2018

Yesterday, on August 9, 2018, after receiving and reviewing the applications from seven individuals, the State Public Charter School Commission (Commission) moved to appoint the following people to the transitional governing board of Kanuikapono Public Charter School: Darlene Yvonne Pa, Becky Santos, and Jesse Schwartz.  This action was the result of concerns pertaining to the constitution of the previous board that were brought to the Commission in July at its general business meetings.

 

These three individuals have been duly appointed to the Kanuikapono Public Charter School Governing Board by the Commission and will work to transition the school towards sustainable governance. 

 

The Commission Chairperson, Commission staff, and the newly appointed governing board members will meet on Thursday, August 16, 2018. Following this meeting the governing board will conduct its first official governing board meeting.  This meeting will be posted on the school’s website and in the school’s office for the public no less than 6-days pursuant to the charter school contract. 

 

The Commission wants to thank the students, staff, faculty, parents, and community partners for your understanding through this transition period.  If you have any questions, contact the Commission at info@spcsc.hawaii.gov or 808-586-3775.

Commission Seeking Board Members (Update: Deadline Extended)

July 20, 2018 modified August 6, 2018

Charter School Commission Seeking Board Members for a Kaua'i Charter School

 

 

Honolulu – The Hawaiʻi State Public Charter School Commission is now accepting applications for persons interested in serving as governing board members of Kanuikapono Public Charter School.  Serving on a public charter school governing board is a position of public trust and fiduciary responsibility. Board members are responsible for ensuring the quality of the school’s educational, financial, and organizational plans, they must be competent stewards of public funds, and must ensure the  school fulfills its public obligations and all terms of its Charter Contract. 

 

Please click here for the application.

At its General Meeting on Thursday, July 19, 2018, the Hawaiʻi State Public Charter School Commission voted unanimously to reconstitute the governing board of Kanuikapono Public Charter School.  The Commission found that the board was improperly constituted and out of compliance with state law. As a result, the Commission had serious concerns over the purported governing board’s ability to fulfill its responsibilities.

On May 15, 2018, the Commission sent the school’s purported board a notice of concern because they were out of compliance with state law with respect to their governing board and other complaints about the school. The board was asked to submit an action plan to remedy the situation.  The board responded by saying they disagreed with compliance breaches but failed to state why and also failed to submit a satisfactory action plan to the Commission.

At the Commission’s July 12, 2018 meeting, the purported board was asked once again to address concerns over the constitution and composition of its new purported board.  After further discussions, the Commission gave the purported board another week to address the issues. At the July 19, 2018 meeting, the Commission found the board’s response did not address the matter adequately.  The Commission then voted to reconstitute the board.

Pursuant to Hawaii Revised Statutes (“HRS”) §302D-17(d) the Commission has the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, the reconstitution of the governing board of the charter school.  The Commission is able to take such an action when exigent circumstances occur, including circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities.

 

The law allows the Commission to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws.   For Kanuikapono Public Charter School, its governing board bylaws allow for up to three governing board members. The Commission took action to reconstitute the board after providing the school's personnel and parents with timely notification of the prospect of reconstitution.   

The deadline to submit an application for governing board membership is noon, Hawaii Standard Time, on Wednesday, August 8, 2018.

Notice of Reconstitution of Kanuikapono Public Charter School Governing Board (Letter to Staff and Faculty)

Posted on July 20, 2018

RE: UPDATE - NOTICE OF RECONSTITUTION OF KANUIKAPONO pUBLIC CHARTER SCHOOL GOVERNING BOARD

 

Aloha kākou, Kanuikapono Public Charter School staff and faculty:

 

Thank you for your continued support for the public charter school education and your dedication to Kanuikapono Public Charter School.

 

In Hawaii’s charter school system, the Hawaii State Public Charter School Commission is the public agency that is tasked with protecting the interests of the public, parents, and above all students. The Commission takes its responsibility to you as charter school families very seriously.

 

We want to make sure we keep you, the families, informed of the latest news in this developing situation. 

 

Action taken by Commission at its General Meeting on Thursday, July 19, 2018:  the Commission voted unanimously to reconstitute the governing board of Kanuikapono Public Charter School. 

 

Why did the Commission take this action?  The Commission found that the board was improperly constituted and out of compliance with state law. As a result, the Commission had serious concerns over the purported governing board’s ability to fulfill its responsibilities.

 

What led to the need for this action?  On May 15, 2018, the Commission sent the school’s purported board a notice of concern because they were out of compliance with state law with respect to their governing board and other complaints about the school. The board was asked to submit an action plan to remedy the situation.  The board responded by saying they disagreed with compliance breaches but failed to state why and also failed to submit a satisfactory action plan to the Commission.

 

At the Commission’s July 12, 2018 meeting, the purported board was asked once again to address concerns over the constitution (How was the board put together?  Who voted for whom? Were those that voted legally able to vote?) and composition (Who can be on the board as required by state law HRS 302D-12?) of its new purported board.  After further discussions, the Commission gave the purported board another week to address the issues. At the July 19, 2018 meeting, the Commission found the board’s response did not address the matter adequately.  The Commission then voted to reconstitute the board.

 

Under Hawaii State law, Hawaii Revised Statutes (“HRS”) §302D-17(d), the Commission has the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, the reconstitution of the governing board of the charter school.  The Commission is able to take such an action when exigent circumstances occur, including circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities.

 

The law allows the Commission to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws.  For Kanuikapono Public Charter School, its governing board bylaws allow for up to three governing board members.

 

The Commission raised concerns about board compliance issues more than two months ago in the hopes that the board and school leadership would remedy the situation on its own without intervention. When it became clear to the Commission that would not happen, the Commission took action to reconstitute the board. 

 

As time is of the essence, the Commission is committed to insuring that Kanuikapono Public Charter School moves forward, especially for students, families, the staff and faculty who are looking forward to starting the new school year.

 

For official information about the school during this transitional time, and to help keep you informed of new developments, please visit our website: http://www.chartercommission.hawaii.gov/ or call our office at (808) 586-3775 if you have any immediate questions.

 

With the kokua of the Kanuikapono school community, other public institutions, and other stakeholders, we look forward to a speedy and positive resolution in the best interest of your children.

Notice of Reconstitution of Kanuikapono Public Charter School Governing Board (Letter to Student Families)

Posted on July 20, 2018

Kanuikapono Public Charter School

Parent(s)/Guardian(s) and Families
 

RE: UPDATE - RECONSTITUTION OF KANUIKAPONO pUBLIC CHARTER SCHOOL GOVERNING BOARD

 

Aloha kākou, parents and families of Kanuikapono Public Charter School students:

 

Thank you for your continued support for the public charter school education that you have shown by enrolling your student at Kanuikapono Public Charter School.

 

In Hawaii’s charter school system, the Hawaii State Public Charter School Commission is the public agency that is tasked with protecting the interests of the public, parents, and above all students. The Commission takes its responsibility to you as charter school families very seriously.

 

We want to make sure we keep you, the families, informed of the latest news in this developing situation. 

 

Action taken by Commission at its General Meeting on Thursday, July 19, 2018:  the Commission voted unanimously to reconstitute the governing board of Kanuikapono Public Charter School. 

 

Why did the Commission take this action?  The Commission found that the board was improperly constituted and out of compliance with state law. As a result, the Commission had serious concerns over the purported governing board’s ability to fulfill its responsibilities.

 

What led to the need for this action?  On May 15, 2018, the Commission sent the school’s purported board a notice of concern because they were out of compliance with state law with respect to their governing board and other complaints about the school. The board was asked to submit an action plan to remedy the situation.  The board responded by saying they disagreed with compliance breaches but failed to state why and also failed to submit a satisfactory action plan to the Commission.

 

At the Commission’s July 12, 2018 meeting, the purported board was asked once again to address concerns over the constitution (How was the board put together?  Who voted for whom? Were those that voted legally able to vote?) and composition (Who can be on the board as required by state law HRS 302D-12?) of its new purported board.  After further discussions, the Commission gave the purported board another week to address the issues. At the July 19, 2018 meeting, the Commission found the board’s response did not address the matter adequately.  The Commission then voted to reconstitute the board.

 

Under Hawaii State law, Hawaii Revised Statutes (“HRS”) §302D-17(d), the Commission has the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, the reconstitution of the governing board of the charter school.  The Commission is able to take such an action when exigent circumstances occur, including circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities.

 

The law allows the Commission to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws.  For Kanuikapono Public Charter School, its governing board bylaws allow for up to three governing board members.

 

The Commission raised concerns about board compliance issues more than two months ago in the hopes that the board and school leadership would remedy the situation on its own without intervention. When it became clear to the Commission that would not happen, the Commission took action to reconstitute the board. 

 

As time is of the essence, the Commission is committed to insuring that Kanuikapono Public Charter School moves forward, especially for students and families who are looking forward to starting the new school year.

 

For official information about the school during this transitional time, and to help keep you informed of new developments, please visit our website: http://www.chartercommission.hawaii.gov/ or call our office at (808) 586-3775 if you have any immediate questions.

 

With the kokua of the Kanuikapono school community, other public institutions, and other stakeholders, we look forward to a speedy and positive resolution in the best interest of your children. 

Commission Reconstitutes Kanuikapono Charter School's Governing Board

July 19, 2018

At its July 19, 2018 General Meeting, the Commission voted unanimously to reconstitute Kanuikapono Charter School's Governing Board. The approved motion was:

 

“Move the following Items:

 

1.  The Charter School Commission will reconstitute the school’s Governing Board pursuant to HRS 302D-17(d) by establishing a “Transitional Governing Board,” comprised of 3 members, to keep the school in operation.  At least one member should be a member of the last valid governing board.

 

a)  Commission staff will accept applications for new governing board members until the close of business on Aug 2, 2018.

b)  Selection of the Transitional Board members will be announced at the Commission meeting on Aug 9, 2018

 

2.  Until a full Governing Board is ready to assume responsibility for the school, the commission staff will:

 

a)  Continue to investigate all current and subsequent allegations about the school’s operations, Governing Board members, and school employees.
b)  Suspend distribution of funds to the school at least until the Transitional Board is functional and school leadership and staff identified.  The commission staff will provide funds necessary to maintain the operations of the school; all expenditures will require the approval of the commission executive director or his designated staff.

c) Hold all school charge cards and debit cards for safe keeping.”

Notice of Prospect of Reconstitution (Letter to Staff and Faculty)

Posted on July 16, 2018

RE: NOTICE OF PROSPECT OF RECONSTITUTION OF KANUIKAPONO pUBLIC CHARTER SCHOOL GOVERNING BOARD

 

Aloha kākou, Kanuikapono Public Charter School staff and faculty:

 

Thank you for your support for public charter school education and your dedication to Kanuikapono Public Charter School.

 

In Hawaii’s charter school system, the Hawaii State Public Charter School Commission is the public agency that is tasked with protecting the interests of the public, parents, and above all students. The Commission takes its responsibility to you as a member of our charter school ohana very seriously.

 

We want to make sure we keep you informed of the latest news in this developing situation.    On July 12, 2018,[1], the State Public Charter School Commission took action to issue a Notice of the Prospect of Reconsitution of the governing board of Kanuikapono Public Charter School.

 

The Commission took this action at its July 12, 2018 General Business Meeting after the presentation of evidence and testimonies from members of the purported governing board and members of the public including former employees regarding the Notice of Concern (NOC) that was issued to Kanuikapono on May 15, 2018.  The Commission issued the NOC to Kanuikapono due to concerns regarding the constitution and composition of the purported Governing Board, school policies and procedures, and the existence of credit card accounts that may not be allowable.   Additionally, since the NOC was issued, the Commission has received complaints regarding the processing of student records/transcripts, the failure of the school to be open during state business hours, and the possible unauthorized termination of employees in violation of collective bargaining agreements, as well as the failure of the school to address grievances that were filed by. 

 

The issuance of this notice of prospect of reconstitution means that the Commission, may decide to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution.[2]    The Commission will be scheduling a meeting on July 18, 2018 at 10:30 a.m. on this matter.

 

As time is of the essence, the Commission is committed to insuring that Kanuikapono Public Charter School moves forward, especially for students, families, the staff and faculty who are looking forward to starting the new school year.

 

To help keep you informed of new developments, please visit our website:

http://www.chartercommission.hawaii.gov/

or call our office at (808) 586-3775 if you have any immediate questions.

With the kokua of the Kanuikapono school community, other public institutions, and other stakeholders, we look forward to a speedy and positive resolution in the best interest of the school. 

                                                                  

 

[1]  §302D-17  Ongoing oversight and corrective actions.  (a)  An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract.  Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract.

. . .

     (d)  Notwithstanding section 302D-18 to the contrary, every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance.  Such actions or sanctions may include, if warranted:

     (1)  Requiring a school to develop and execute a corrective action plan within a specified time frame; and

     (2)  Reconstituting the governing board of the charter school; provided that the following conditions are met:

          (A)  Reconstitution occurs only under exigent circumstances, including the following:

               (i)  Unlawful or unethical conduct by governing board members;

              (ii)  Unlawful or unethical conduct by the charter school's personnel that raises serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities; and

             (iii)  Other circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities;

          (B)  The authorizer shall replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution; and . . .

          (C)  Reconstitution occurs in accordance with processes set forth by the authorizer that provide the charter school's personnel and parents with timely notification of the prospect of reconstitution.

[2] HRS 302D-17(B)

Notice of Prospect of Reconstitution (Letter to Student Families)

Posted on July 16, 2018

Kanuikapono Public Charter School

Parent(s)/Guardian(s) and Families
 

RE: NOTICE OF PROSPECT OF RECONSTITUTION OF KANUIKAPONO PUBLIC CHARTER SCHOOL GOVERNING BOARD

 

Aloha kākou, parents and families of Kanuikapono Public Charter School students:

 

Thank you for your support for the public charter school education that you have shown by enrolling your student at Kanuikapono Public Charter School.

 

In Hawaii’s charter school system, the Hawaii State Public Charter School Commission is the public agency that is tasked with protecting the interests of the public, parents, and above all students. The Commission takes its responsibility to you as charter school families very seriously.

 

We want to make sure we keep you, the families, informed of the latest news in this developing situation.  On July 12, 2018,[1] the State Public Charter School Commission took action to issue a Notice of the Prospect of Reconstitution of the governing board of Kanuikapono Public Charter School.

 

The Commission took this action at its July 12, 2018 General Business Meeting after the presentation of evidence and testimonies from members of the purported governing board and members of the public including former employees regarding the Notice of Concern (NOC) that was issued to Kanuikapono on May 15, 2018. 

 

The Commission issued the NOC to Kanuikapono due to concerns regarding the constitution and composition of the purported Governing Board, school policies and procedures, and the existence of credit card accounts that may not be allowable.   Additionally, since the NOC was issued, the Commission has received complaints regarding the processing of student records/transcripts, the failure of the school to be open during state business hours, and the possible unauthorized termination of employees in violation of collective bargaining agreements, as well as the failure of the school to address grievances that were filed by. 

 

This issuance of this notice of prospect of reconstitution means that the Commission, may decide to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution.[2]  The Commission will be scheduling a meeting on July 19, 2018 at 10:30 a.m. on this matter.

 

As time is of the essence, the Commission is committed to insuring that Kanuikapono Public Charter School moves forward, especially for students and families who are looking forward to starting the new school year.

 

To help keep you informed of new developments, please visit our website: http://www.chartercommission.hawaii.gov/ or call our office at (808) 586-3775 if you have any immediate questions.

 

With the kokua of the Kanuikapono school community, other public institutions, and other stakeholders, we look forward to a speedy and positive resolution in the best interest of your children. 

 

[1]  §302D-17  Ongoing oversight and corrective actions.  (a)  An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract.  Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract.

. . .

     (d)  Notwithstanding section 302D-18 to the contrary, every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance.  Such actions or sanctions may include, if warranted:

     (1)  Requiring a school to develop and execute a corrective action plan within a specified time frame; and

     (2)  Reconstituting the governing board of the charter school; provided that the following conditions are met:

          (A)  Reconstitution occurs only under exigent circumstances, including the following:

               (i)  Unlawful or unethical conduct by governing board members;

              (ii)  Unlawful or unethical conduct by the charter school's personnel that raises serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities; and

             (iii)  Other circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities;

          (B)  The authorizer shall replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution; and . . .

          (C)  Reconstitution occurs in accordance with processes set forth by the authorizer that provide the charter school's personnel and parents with timely notification of the prospect of reconstitution.

[2] HRS 302D-17(B)

Notice of Prospect of Reconstitution (Letter to Governing Board)

Posted on July 16, 2018

Notice of Prospect of Reconstitution

Dear Governing Board Members:

 

Pursuant to Hawaii Revised Statute §302D-17(C)[1], the State Public Charter School Commission hereby notifies all members and purported members of the Kanuikapono Public Charter School (Kanuikapono) Governing Board of the prospect of reconstitution.

 

The Commission took this action at its July 12, 2018 General Business Meeting after the presentation of evidence and testimonies from members of the purported governing board and members of the public including former employees regarding the Notice of Concern (NOC) that was issued to Kanuikapono on May 15, 2018.  The Commission issued the NOC to Kanuikapono due to concerns regarding the constitution and composition of the purported Governing Board, school policies and procedures, and the existence of credit card accounts that may not be allowable.   Additionally, since the NOC was issued, the Commission has received complaints regarding the processing of student records/transcripts, the failure of the school to be open during state business hours, and the possible unauthorized termination of employees in violation of collective bargaining agreements, as well as the failure of the school to address grievances that were filed by. 

 

This notice of prospect of reconstitution means that the Commission, may decide to replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution.[2]    The Commission will be scheduling a meeting on July 19, 2018 at 10:30 a.m. on this matter.

 

As time is of the essence, the Commission is committed to insuring that Kanuikapono Public Charter School moves forward, especially for students and families who are looking forward to starting the new school year.

 

 

[1]  §302D-17  Ongoing oversight and corrective actions.  (a)  An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract.  Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract.

. . .

     (d)  Notwithstanding section 302D-18 to the contrary, every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance.  Such actions or sanctions may include, if warranted:

     (1)  Requiring a school to develop and execute a corrective action plan within a specified time frame; and

     (2)  Reconstituting the governing board of the charter school; provided that the following conditions are met:

          (A)  Reconstitution occurs only under exigent circumstances, including the following:

               (i)  Unlawful or unethical conduct by governing board members;

              (ii)  Unlawful or unethical conduct by the charter school's personnel that raises serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities; and

             (iii)  Other circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities;

          (B)  The authorizer shall replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution; and . . .

          (C)  Reconstitution occurs in accordance with processes set forth by the authorizer that provide the charter school's personnel and parents with timely notification of the prospect of reconstitution.

[2] HRS 302D-17(B)

Notice of Prospect of Reconstitution

Posted July 16, 2018

The Commission Issues a Notice of Prospect of Reconstitution

 

HONOLULU, HI-  At its General Business Meeting on Thursday, June 12, 2018, the State Public Charter School Commission voted unanimously to issue a Notice of Prospect of Reconstitution for Kanuikapono Public Charter School (Kanuikapono). The action taken was "Motion to continue the Notice of Concern and direct Commission staff to work with Kanuikapono Public Charter School's Purported Governing Board to resolve school related matters: 1) governing board constitution and composition; 2) Hawaii Revised Statutes §37D regarding line(s) of credit; and 3) the school director is properly appointed by July 18, 2018.  In addition, issue a Notice of Prospect of Reconstitution of the Governing Board pursuant to Hawaii Revised Statutes §302D-17(d)(2)."  

For more information on the June 12th agenda click here.

For additional information on the submittal for Kanuikapono, click here.

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​State Public Charter School Commission

 

1111 Bishop Street, Suite 516

Honolulu, HI 96813
info@spcsc.hawaii.gov

Tel: 808-586-3775

Fax: 808-586-3776

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* The Commission gratefully acknowledges  former Commissioner, Dr. Peter Hanohano, and the Office of Hawaiian Affairs for the translation of the Commission’s name.

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