Hawaii lawmakers are poised to pass legislation that would mandate the removal of members of some of the state’s most powerful boards and commissions if they fail to complete a training course in Native Hawaiian traditional and customary rights and public­-trust responsibilities required by law.

In 2015, Gov. David Ige signed Act 169 requiring such training. The measure was introduced at the behest of the Office of Hawaiian Affairs amid concerns that the lack of knowledge among board and commission members was contributing to a “sense of disenfranchisement felt by many in the Native Hawaiian community,” as well as a plethora of lawsuits against the state.

But since passage of the law, not everyone has complied, according to OHA and the Ka Huli Ao Center for Excellence in Native Hawaiian Law at the University of Hawaii at Manoa’s William S. Richardson School of Law, which have partnered for the training course. They hope that the Legislature will pass Senate Bill 1409 this month to help enforce the law.

“Because there are no statutory remedies for noncompliance with Act 169, such individuals are at risk of rendering decisions that neglect to account for their legal duties and obligations to Native Hawaiians and under the public trust, which can result in significant impacts to the ‘aina and associated Hawaiian rights and practices, as well as increase the likelihood of conflict and distrust between the state government and the Native Hawaiian community,” OHA wrote in testimony supporting the bill.

As of January 2021, 15 out of about 81 appointees who are subject to Act 169 had not attended the training course within one year of being appointed, as the statute requires, according to records maintained by the Ka Huli Ao Center. A list of appointees who had not fulfilled the requirement wasn’t immediately available, but OHA has expressed concerns recently that it includes Sam Gon, a member of the Board of Land and Natural Resources who was appointed to a seat requiring expertise in Native Hawaiian traditional and customary practices.

Gon “has continued to fail to comply with the Native Hawaiian Law and Public Trust Training Course attendance requirement for all BLNR members, despite having had four years to do so,” according a letter from OHA’s chief executive officer, Sylvia Hussey, that was sent April 5 to the governor and Board of Land and Natural Resources Chairwoman Suzanne Case.

The governor reappointed Gon to another term on the Land Board earlier this year but withdrew the appointment after the leader of a key Senate committee refused to schedule a hearing on his confirmation. Gon continues to serve on the Land Board, and Ige has not announced anyone to replace him.

Gon couldn’t immediately be reached for comment, but the Department of Land and Natural Resources has questioned whether OHA and the law center are keeping accurate records.

In testimony opposing the bill, Case said that five of the seven boards and commissions subject to Act 169 are housed within the Department of Land and Natural Resources. She said all members of those five boards and commissions had fulfilled the training requirement as of December.

“The department questions the need for this punitive bill, especially as board and commission members are volunteers,” wrote Case.

In addition to the Land Board, the training requirement applies to the Land Use Commission, Environmental Council, Hawaii Historic Places Review Board, Legacy Land Conservation Commission, Natural Area Reserves System Commission and Commission on Water Resource Management.

Senate Bill 1409 is in final negotiations between members of the House and Senate, who indicated during a Monday hearing that they were close to agreeing on the final language of the bill. Another hearing on the measure is scheduled for today.