HILO — Puna Councilwoman Jen Ruggles says she will not attend County Council meetings this week because she doesn’t think her questions on the political status of the Hawaiian Kingdom have been adequately addressed.
Ruggles, who represents District 5 in upper Puna, surprised her colleagues nearly two weeks ago by stating she would not be voting or chairing committees because she thinks such actions could constitute war crimes against the kingdom, overthrown by U.S.-backed interests in 1893. She then asked the county to give her a written opinion.
In response to her query, county Corporation Counsel Joe Kamelamela gave her a four-sentence letter that said she would “not incur any criminal liability under state, federal and international law” by carrying out her duties as an elected official.
But that didn’t resolve the issue for Ruggles, who has retained attorney Stephen Laudig as her own legal counsel on the matter. Laudig responded to Kamelamela in an Aug. 28 letter stating the county’s answer lacked substance.
Ruggles said she wants to attend the meetings but can’t while continuing to abstain from voting. Council rules require everyone to vote unless there is a stated conflict of interest.
As a result, the councilwoman said she will be absent until she is satisfied that she is not incurring criminal liability under international humanitarian law for legislating and “being complicit in the collection of taxes, foreclosures and criminal prosecutions.”
That could leave her council district effectively without representation until her term ends in December, even as she remains in office. Ruggles didn’t run for re-election, though her name remained on the primary ballot because of her late withdrawal.
“I’m hopeful (Kamelamela) will give me a proper legal opinion,” she said, adding she is following the advice of her attorney. “I’m anticipating he will do his job.”
In an Aug. 21 letter to Kamelamela, Laudig takes the position that the United States is illegally occupying Hawaii because the islands were annexed without a treaty and that the kingdom continues to exist as an independent state. He states his client has become “aware of the history of the United States’ illegal occupation of the Hawaiian Kingdom.”
Ruggles said Kamelamela has offered to meet with her, but she stated she is looking for another written opinion from him.
She raised the issue after Keanu Sai, whose website says he is the kingdom’s acting council of regency, sent a letter to elected officials. It contained a memorandum from Alfred deZayas, identified as an independent expert to the United Nations, that characterized the islands as a “sovereign nation-state in continuity.”
Ruggles said that implies that her constituents have certain rights under international law.
“I don’t want to violate their rights,” she said, “and I believe they deserve an answer.”
Ruggles said she is still carrying out other duties of her office, including asking the Federal Emergency Management Agency if Hawaiian Acres can receive funding to repair private roads damaged by Hurricane Lane.
However, she won’t be introducing bills and resolutions, believing that could constitute a war crime.
That includes a measure to require the county to transition to eco-friendly alternatives to certain herbicides.
Blake Watson, a council aide to Ruggles, said the bill was to be heard this week, but was pulled from the agenda.
“It was already written and submitted,” he said, “and maybe some other council member can bring it forward some other day.”
Still, Watson said he doesn’t think the votes are there without Ruggles, and he was doubtful that the next council, which will contain some new members that he considers more conservative on the issue, will take it up.
“We are kind of disappointed and not sure of what to do next,” said Watson, who has been involved in efforts to restrict pesticide use on the island for the past several years.
He added that he was not speaking against Ruggles’ position on the issue of the kingdom and still supports her.
Ruggles said she has heard from constituents concerned about the bill being pulled.
She said she told them that she doesn’t take the letter she received from Sai lightly.
“I believe this is a legitimate question,” Ruggles said.
“… It’s been very difficult, it was a very difficult decision. But I had to go with my conscience and what integrity means to me.”
Other measures of hers being dropped pertain to the possibility of Puna Geothermal Venture restarting and requiring county departments to report levels of service in different districts. The latter, she said, would have been intended to address disparities in county services, such as police or fire.
Ruggles said she thinks she is still doing her job as an elected official and stated that she is working “full time.”
“Right now, I am asking a question,” she said. “That’s all I’m doing.”
Ruggles acknowledged that she could still vote and introduce legislation while raising this issue.
“I can, but because of the implications behind the question, I am proceeding with caution from the knowledge that I have gained,” she said.
Ruggles said the difference between now and the duties she has performed since she was elected in 2016 is that she “wasn’t aware of the facts” before.
“I know that this question I’m asking is very challenging,” she said. “It challenges our assumptions about, or questions our assumptions, about what we believe to be true. That question needs to be asked. I believe it deserves a legal answer.”
In the meantime, Ruggles said she will continue receiving her council salary, which amounts to about $70,000 a year.
“I don’t know why my salary keeps coming up,” she responded.
As for what happens if the county’s legal team doesn’t give her an answer she considers satisfactory, Ruggles said that’s “yet to be decided,” including whether she will step down.
She also plans to hold a community meeting on the issue, which she hopes will happen in the next three weeks. Ruggles said she is asking the county Department of Parks and Recreation for permission to use the Keaau Community Center.
Email Tom Callis at tcallis@hawaiitribune-herald.com.