The only way to define your limits is by going beyond them̶ - Arthur C. Clarke Don't fear moving slowly forward ... fear standing still ̶ Kathleen Harris Ask yourself: Can I give more? The answer is usually: Yes - Paul Tergat When I do the best I can with what I have, then I have won my race. - Jay Foonberg

1. STATE OF HAWAII
MAUNA KEA MANAGEMENT
HAWAII LEGISLATURE
LEGISLATIVE INTENT
SENATE BILL (SB) 3090 – SENATE DRAFT (SD) 2
MAUNA KEA MANAGEMENT AUTHORITY
ADMINISTRATIVE RULES
GOVERNOR DAVID Y. ING – UH BOARD OF REGENTS
UH PRESIDENT DAVID LASSNER
THE END RUN
HAWAII LEGISLATURE – LEADERSHIP IN MOTION
THE RIKER RESPONSE
THE LAW OF THE SPLINTERED PADDLE
_______________________________________________
SB 3090 – SD 2
MAUNA KEA MANAGEMENT AUTHORITY
https://www.capitol.hawaii.gov/session2018/bills/SB3090_SD2_.pdf
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=3090&year=2018
The legislature fnds that Mauna Kea is of profound cultural and
genealogical importance to Native Hawaiians. Mauna Kea is also valued as
an exceptional site for astronomical advancements. The summit region of
Mauna Kea is a spiritual site that is home to cultural landscapes, fragile
alpine habitats, and historical and archaeological treasures, as well as
endemic species found nowhere else on the planet. Mauna Kea's
exceptional atmospheric conditions make it the world's premier site for
astronomical observations. In addition, the legislature recognizes the
critical need to manage these sensitive cultural and natural resources in a
way that supports both the continuance of traditional and customary
practices and science and technology.

2. The legislature further fnds that the protection and preservation of Mauna
Kea through proper management and stewardship is of statewide concern.
Since 1998, four audits by the state auditor have been critical of the
management, stewardship, and protection of Mauna Kea.
Although signifcant changes have occurred on Mauna Kea since the 1998
audit, negative experiences over the past ffty years have eroded public
confdence and demonstrated the critical need for fresh leadership
centered on a new organizational structure, management system, and
procedures.
Accordingly, the legislature fnds that there is a clear need for one entity to
serve as a single focal point of management, responsibility,
communication, and enforcement regarding Mauna Kea. This new entity
will increase the accountability of all tenants on Mauna Kea and will
ensure that each tenant is aware of its obligations and responsibilities.
The legislature intends that this new entity will be led by a board whose
members have no inherent conficts of interest regarding Mauna Kea, and
who will provide the requisite level of independence, objectivity,
competence, relevant expertise, commitment, and willingness to be
engaged in order for the new entity to achieve its goals.
The legislature further intends for the new entity to supersede all existing
entities that are responsible for the management and stewardship of
Mauna Kea.
MEASURE STATUS [Extract]
2/20/2018 S The committee(s) on WAM will hold a public decision making on 02-23-18.
2/23/2018 S The committee(s) on WAM recommend(s) that the measure be PASSED,
WITH AMENDMENTS.
3/2/2018 S Reported from WAM (Stand. Com. Rep. No. 2890) with recommendation of
passage on Third Reading, as amended (SD 2).
3/2/2018 S 48 Hrs. Notice 03-06-18.

3. 3/6/2018 S Report adopted; Passed Third Reading, as amended (SD 2).
3/6/2018 H Received from Senate (Sen. Com. No. 417) in amended form (SD 2).
3/8/2018 H Pass First Reading
3/8/2018 H Referred to FIN, referral sheet 35
5/3/2018 S/D Legislature adjourns Sine Die
_______________________________________________
ADMINISTRATIVE RULES
Administrative rulemaking is one facet of the administrative process
that has been defned as the complex of methods by which agencies
carry out their tasks. It has also been characterized as rulemaking
when not done by the legislature and adjudication when not done by
the courts.
[Emphasis and Clarifcation Supplied; Citations Omitted]
Source: Hawaii Administrative Rules Drafting Manual (Third Edition) By Ken H.
Takayama, Director (Retired—Volunteer); Background to Administrative
Rulemaking By Samuel B. K. Chang Director (Retired). June 2016. Charlotte A.
Carter-Yamauchi Director Legislative Reference Bureau.
http://lrbhawaii.org/reports/rpts/lrb/2016/admindraft16.pdf
_______________________________________________
THE END RUN
Colloquially, and in a metaphorical sense it has come to mean an
attempt to avoid a difcult situation by dodging it without
confronting it directly, or to attempt to circumvent someone's
authority by appealing to a diferent authority.
WIKIPEDIA
https://en.wikipedia.org/wiki/End_run

4. HAWAIIANS, ASTRONOMERS, UH OPPOSE BILL TO CREATE MAUNAKEA
MANAGEMENT AUTHORITY
By Tom Callis. Hawaii Tribune-Herald.
February 16, 2018, accessed September 25, 2018
https://www.hawaiitribune-herald.com/2018/02/16/hawaii-news/hawaiians-astronomers-uh-oppose-bill-to-create-
maunakea-management-authority/
In written testimony, UH President David Lassner noted that a 2014 audit
found that “UH has developed several management plans that provide a
comprehensive framework for managing and protecting Maunakea while
balancing the competing interests of culture, conservation, scientifc research
and recreation.” Emphasis Supplied]
“Fundamentally, we believe this bill is based on a premise that is not
correct, that the current management structure has failed and must be
completely replaced,” he said. [Emphasis Supplied]
Lassner said UH is willing to consider other management models, but that the
bill would result in a “dramatic increase in the cost of management,” could
result in long-term loss of astronomy facilities and lacks a clear commitment to
the coexistence of astronomy and culture.
_____________________
MAUNAKEA ADMINISTRATIVE RULES PUBLIC ANNOUNCEMENT
UH News, August 19, 2018, accessed September 25, 2018
https://www.hawaii.edu/news/2018/08/19/maunakea-administrative-rules-public-announcement/
“The administrative rules provide the university with an important stewardship
tool to more efectively protect the cultural, natural and scientifc resources on
Maunakea and provide measures to better ensure public health and safety,”
said UH Hilo Interim Chancellor Marcia Sakai.
The draft rules were developed after extensive community outreach that
included several publicly noticed meetings, open houses and consultation with
the Department of Land and Natural Resources (DLNR), Ofce of Hawaiian
Afairs and the Small Business Regulatory Review Board. The draft rules as
required by statute are consistent with rules currently in place for similar lands
managed by DLNR, including forest and natural area reserves.

5. The UH Board of Regents approved the draft rules for public hearings on
June 7, and Governor David Ige gave his approval to move ahead with
public hearings in July 2018.
THE RIKER RESPONSE
Star Trek : The Next Generation - The Best of Both Worlds
Commander William T. Riker
“You disagree with me, fne. You need to take it up with the Captain,
fne – through me. You do an end run around me again, I'll snap you
back so hard you'll think you're a frst-year cadet again.”
THE LAW OF THE SPLINTERED PADDLE
The Law of the Splintered Paddle can be found in Hawaii's Constitution
There is more to the law's translation — “Let the old men, the old women and the
children go and sleep by the roadway; let them not be harmed” — than many
people think. Some may view the ancient edict as having no meaningful use
today. Actually, it challenges us to examine power relations and the ways we
govern. In a modern-day context, the “spirit” of the Law of the Splintered Paddle
requires state government to review the conduct of the counties and act as
necessary to protect the vulnerable.
Source: The Law of The Splintered Paddle By Derek H. Kauanoe '08. 02/06/2014
The William S. Richardson School of Law. University of Hawai`i at Mānoa.
https://www.law.hawaii.edu/article/derek-kauanoe-08-law-splintered-paddle-should-apply-hawaiis-homeless-honolulu-star