OHA board directs withdrawal of unauthorized court filing, votes 5–1–1

HONOLULU — The Office of Hawaiian Affairs (OHA) Board of Trustees voted July 6 to direct four trustees to withdraw a court filing the chair described as unauthorized and contrary to prior board actions. The board approved a motion directing trustees Lindsay, Akaka, Akina and Alapa to instruct their counsel at Goodsell, Anderson, Quinn & Stifel LLP to file a notice of withdrawal; the motion passed with five yes votes, one no and one abstention.

The chair, Kahele, framed the action as corrective. He told the board that on June 26, 2026 the four trustees filed an answer in Ferrer v. Office of Hawaiian Affairs that “was made without any board authorization” and that the pleading “admits liability on OHA's behalf” and “purports to waive attorney-client privilege,” matters the chair said contradicted prior votes to seek mediation and arbitration. The board said OHA’s counsel, Dentons US LLP, had filed a motion to strike docket 162 on June 29 and demanded withdrawal of the answer.

Why it matters: Board members said the filing risked undermining OHA’s legal position and governance norms. Trustees who supported the withdrawal argued that filings made in trustees’ official capacities are representations of the agency and therefore require prior, agendized board approval under Hawaii Revised Statutes chapter 92 and OHA’s executive policy manual. Several trustees said the dispute could jeopardize upcoming funding opportunities and partnerships.

Dentons, the board’s retained counsel, told trustees it had filed a motion to strike the answer and that the document is public record. “We have filed a motion to strike,” Dentons’ counsel said, adding the firm had identified admissions in the answer that are “contrary to the facts in the record.” OHA’s general counsel, Everett Ota, told the board the answer “clearly states that the document was filed in the official capacities” of those trustees and therefore purports to speak for OHA.

Trustees who opposed or defended the filing said they were speaking as individuals guided by their fiduciary duties. Trustee Aquino (Aquina) said trustees had exercised their First Amendment rights and insisted the positions taken in the filing reflected individual trustees’ judgments in service of beneficiaries. “We have spoken simply in terms of our own personal responses,” Aquino said, arguing that dissenting trustees must be able to raise concerns publicly when they believe the board has acted improperly.

What the board decided: The board’s motion directed the four named trustees to withdraw docket 162 immediately and reaffirmed that any future court filings made in trustees’ official capacities must be agendized, deliberated and approved by a majority vote consistent with OHA bylaws and applicable law. The chair said no further board action would be required to carry out the directive.

Votes and next steps: By roll call the board recorded five yes votes (Ahuna, Galloteria, Souza, Waihe'e and Chair Kahele), one no (Akaka) and one abstention (Akina); trustees Alapa and Lindsay had left the meeting prior to the vote. The board directed the named trustees to instruct their outside counsel to file withdrawal paperwork promptly. Multiple motions and other pleadings in the underlying litigation remain on a court calendar; Dentons said a hearing on multiple motions is scheduled for August 6.

Public comment and closing: A public commenter who identified as representing Ohana Unity Party reiterated calls for transparency and for OHA to consider subsidizing or live-streaming an upcoming Hawaiian Council convention so beneficiaries can participate without paying high ticket prices. The board announced upcoming committee and board meeting dates and adjourned.

Limitation: This article reports only statements made during the July 6 public meeting. Claims about the motives of individuals and about legal conclusions described at the meeting were disputed by trustees and counsel; court records and legal filings cited at the meeting remain the authoritative public record.