Reform process for DHHL hiring

Operation of the state Department of Hawaiian Home Lands has been questionable virtually from the get-go, since statehood in 1959 made the agency responsible for the native land trust that had been established by the federal government. Among its chief problems: DHHL seems to have become a de facto plopping ground for political appointees not always qualified for the jobs, which hampers DHHL’s ability to carry out its important mission to support Native Hawaiians.

The large number of appointees and temporary positions within the agency over the years has raised concern about its priorities and capabilities. A recently launched federal review of DHHL should examine ways to assure more quality control of staffers on behalf of Native Hawaiians.

Nearly two-thirds of the DHHL’s 193 full-time positions are filled by appointments or so-called exempt positions — outside the merit-based civil service system and subject to political patronage. It’s a larger percentage than any other state agency. Critics of the department say this situation is among several factors, including a shortage of money, why DHHL has been ineffective in responding to long-standing inefficiencies. The state auditor reported in April that the agency "fails to meet its fiduciary obligations."

DHHL Commissioner Renwick "Uncle Joe" Tassill told the Star-Advertiser’s Rob Perez: "Half of these guys don’t even know what the hell they’re there for."

Indeed, accounts have surfaced about pressure from the governor’s office to fill DHHL jobs with political supporters, leading to turnover and less continuity under four different directors in the past five years.

The chronic cry of inadequate funding for DHHL may well be exacerbated by the fact that too many underqualified hires are filling the precious jobs.

A second major structural problem hampers DHHL: The agency’s unique set-up within the executive branch requires it to function in the best interest of the state, while on the other hand, DHHL and its nine overseeing commissioners have a fiduciary duty to serve solely in its Native Hawaiian beneficiaries’ best interests.

Responsibility for the 203,000-acre land trust established by the federal government largely lies with the state for providing homestead lots to Native Hawaiians with at least 50 percent blood quantum, most of whom have been on the waiting list for decades; some have died waiting.

"The trust has been subjugated to a state agency whose leadership is beholden to a political hierarchy that has resulted in the mission of the HHCA (Hawaiian Homes Commission Act) being underserved," explained Big Island police officer Ian Lee Loy, whose term as commissioner ended last month.

The problem has been widely known for a long time. A 1991 report to the U.S. Commission on Civil Rights told about "the placement of the trust obligation in a relatively small state agency largely subordinate to other greater public interests in a conflict of interest."

As an example of how things work, Kali Watson, DHHL director and chairman in the 1990s, said then-Gov. Ben Cayetano wanted DHHL to deal with union contractors to build houses for homesteaders. Watson said he got into "political hot water" by hiring non-union contractors who charged as much as $20,000 less for a unit.

Unfortunately, Gov. Neil Abercrombie has taken the position that no conflicts exist with DHHL and its status as an executive branch agency does not hamper its ability to act in the best interests of beneficiaries. That attitude, though, only breeds acceptance of the woeful status quo. The governor should be leading the charge to lessen the dysfunction within DHHL — starting with a clearing house of its underperforming, non-civil service employees and installing workers right for the job.

Further, the U.S. Department of the Interior has asked for material about DHHL as it begins to decide on new rules for putting eligible Native Hawaiians onto homestead lots. New rule-making on the makeup of DHHL personnel should be considered as part of the way to reach that goal.