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OHA trustees debate counsel inclusion, fail to enter executive session on litigation matter
Summary
Trustees debated whether outside counsel should join an executive session about pending litigation (Stacy Kellani Ferrera v. OHA); a motion to include outside counsel was put to roll call and recorded as failing, and a later motion to enter executive session under HRS §92-5 also failed.
On March 11 trustees discussed a planned executive session to receive legal updates and consult about defense in Stacy Kellani Ferrera v. Office of Hawaiian Affairs. Trustee Akaka moved to include outside counsel John Mackey (partner at Goodsil) in the executive session for representation of certain trustees; the motion went to roll call and the clerk announced 'We have three no and four yes' and declared the motion died.
A separate motion to enter executive session under HRS §92-5 (the Sunshine Law provision authorizing closed sessions for legal consultation) was then called; the clerk later announced the roll call as 'three yes and four no' and the motion failed, so the board did not enter executive session during this meeting.
Public commenter Germaine Meyers had earlier referenced the litigation in public comment and urged trustees to maintain transparency and strong governance even when legal matters are discussed in private. The board indicated that if certain portions of the executive session required the presence of outside counsel and board counsel determined it appropriate, counsel could be invited for those items and asked the outside counsel to wait outside until needed.
Next steps: Because the motion to enter executive session failed, the board proceeded to announcements and adjournment. The transcript records that board counsel (identified as Paul Alston) would advise on whether outside counsel could be included for particular confidential items in a follow-up.
