This is a kähea — a call — to all who care about the Kamehameha Schools. The current trustee selection process needs to be changed because it lacks transparency and is not managed by stakeholders of the Schools. Three special court masters have been appointed to review this process.
In 1884, Ke Ali‘i Pauahi entrusted the appointment of successor trustees to the justices of the Supreme Court of the Kingdom of Hawai‘i. The justices fulfilled this responsibility for 114 years, acting as individual citizens and not as a judicial body.
In 1998, the justices withdrew from the selection process and designated the Probate Court as the appointing authority. The Probate Court adopted the current system, which includes appointing a selection committee that recruits applicants, identifies qualified candidates and recommends three finalists for the court’s consideration.
So, what’s the issue?
First, the current system is paternalistic, arising from a power imbalance and the notion that nonstakeholders have superior knowledge, wisdom, judgment and authority over Kamehameha stakeholders. The selection committees have consisted of citizens from the community who have not always been familiar with the Schools, rather than stakeholders who are. We strongly oppose this imbalance and reject this notion. Instead, we assert our right to self-determination and emphasize our ability to make decisions for ourselves. We need a new process that challenges this unequal power dynamic and acknowledges our capacity to act in the best interests of Kamehameha Schools as we have done in the past.
Second, the current process is not transparent. The manner by which members of the selection committee are appointed is not generally known to stakeholders. It has not included the recruitment of interested candidates and has failed to always disclose the qualifications of those chosen for the committee. We advocate a new process involving greater transparency.
This process must be managed by stakeholders, not the general public, and must be transparent to all who are interested in serving. We offer three compelling arguments..
>> First is standard practice. In trust and school governance, stakeholders play a principal role in choosing their trustees. Charitable trusts and independent schools throughout Hawaii have the authority to select their own trustees, rather than relying on a community panel.
>> Second is responsible stewardship. Kamehameha stakeholders, led by alumni and joined by others, brought historic change to the governance of the Schools in 1999. In doing so, we clearly demonstrated our capacity to lead and act in the best interests of Kamehameha Schools. Within our ranks are the experience, wisdom and values needed to guide and steward the well-being of the Schools.
>> Third is trust law. Ke Ali‘i Pauahi’s will did not stipulate any requirements for selecting successor trustees, except that it was the responsibility of the justices acting as individuals to make these appointments. There has never been a legal requirement for judicial management of the process. When they removed themselves from the selection process in 1998, the justices transferred responsibility for devising a new selection process to the Probate Court, again without any requirement for judicial management.
Our kähea: If you are a Kamehameha Schools stakeholder who seeks greater transparency in a process to select our trustees that is led by our primary stakeholders, submit your comments to the Special Court Masters c/o Inkinen Executive Search, 1003 Bishop Street, Suite 1477, Honolulu, HI 96813 or at KStrustee@inkinen.com. Submittals must be postmarked, hand delivered or emailed by July 14, 2023.
Comments must include the sender’s full name and contact information. Do not abbreviate names (for example, J. Doe or Jane D.). Anonymous comments will not be accepted.
Julian K. Ako is the former principal of Kamehameha Schools Kapālama High School; Michael J. Chun is the former president of Kamehameha Schools; Jan E. Dill is the former president of Partners in Development.
