We the undersigned, oppose the Senate’s confirmation of DAWN CHANG, nominee for the Chair of the Department of Land and Natural Resources (DLNR) based upon serious concerns as to the integrity of her character and ability to uphold the law. We respectfully request Governor Green to withdraw DAWN CHANG’s name and nominate a person who demonstrates (1) respect for the law; (2) awareness of Hawaiian culture; and (3) character of the highest morality and integrity. Our opposition is based on the following record of Ms Chang’s disturbing behavior:

1. Governor Green should not nominate a pro-development Consultant

In 2015 then Senator Josh Green said in his opposition to the DLNR Chair nominee Carleton Ching, “We need a Director of DLNR who has a proven record of fighting to protect and preserve our natural and cultural resources, not a career lobbyist for the development industry who has a record of calling for the elimination of cultural and environmental protections,” Green said. “This nomination is the wrong choice for Hawai‘i, and we should not move forward with it.” Indeed, Dawn Chang also lacks “a proven record of fighting to protect and preserve our natural and cultural resources” and like Carleton Ching, she is “the wrong choice for Hawai‘i.” Dawn Chang worked for General Growth Properties, Howard Hughes, McNaughton Group, Outrigger, Sandwich Isles, Turtle Bay, and Cades Schutte. She worked on the Walmart Ke‘eaumoku project, the Lāna‘i big wind project, the comprehensive management plan for Mauna Kea, and rail. She is a developer’s consultant. Her job has been to obtain community support for development projects. There were highly qualified candidates who demonstrated clear awareness of the law, strong personal principles and integrity for the proper stewardship of our ʻāina, wai, and iwi kūpuna on the short list for the Governor’s selection. He chose the candidate that has proven repeatedly that she will sell her influence to a developer.

2. Dawn Chang Advised Her Client to Circumvent the Law.

In 2005, Ms Chang advised Kawaiahaʻo Church to circumvent the historic preservation law. Although the law required that the Church prepared an archaeological inventory survey, Chang used her connections as a former deputy attorney general to secure a closed-door meeting with officials at the State Historic Preservation Division. She helped persuade state officials to circumvent the law and use an expedited process. As a result, hundreds of iwi kūpuna were unlawfully removed at a cost of sixteen million dollars. The ancestral remains have not yet been reburied.

3. Mapulehu Burials (60 Individuals Disturbed)

In 1991, there was a disturbance of at least 60 burials at Mapulehu, Molokai. An investigation was conducted. As Deputy Attorney General, Ms Chang was charged with enforcing the legal protections afforded to iwi kūpuna in which violators who cause burial disturbances are held accountable via civil fines and other forms of punishment.

HRS Chapter 6E-11 provides a civil fine of up to $10,000 for burial disturbance and the minimum number of individuals disturbed at Mapulehu was 60. The maximum fine faced by the violator therefore was $600,000. State Historic Preservation Division staffer Edward Halealoha Ayau recommended a fine of $300,000. Chang ignored his recommendation.

Rather than uphold the letter of the law to protect unmarked burial sites, Ms Chang imposed a fine equal to a single violation ($10,000) and community service hours.

4. Maunakea Comprehensive Management Plan

In 2009, as principal of Kuʻiwalu Consulting, Ms. Chang was charged with developing the Mauna Kea Comprehensive Management Plan (CMP). Ms. Chang drafted and presented an inaccurate CMP. After a public hearing before the BLNR in Hilo with dozens of public testifiers -- including Sierra Club members pointing out the plan’s deficiencies. The BLNR members determined that the CMP was insufficient because it lacked critical management policies and approved the plan with reservations. In summary, Ms. Chang prepared a wholly inadequate plan for managing Mauna Kea that lacked basic provisions for natural and cultural management, decommissioning, and public access. BLNR determined that the plan was deficient. The delay in approving the missing critical pieces of the plan led to delays in the Conservation District Use Permit Application for the TMT construction, and the process by which it was drafted and approved undermined the public's trust in BLNR and the University of Hawai'i.

5. Lack of Integrity is the Issue, Not Race or Gender

The misguided narrative that emphasizes Ms Chang’s nomination as an uplift to Hawaiian women ignores the third most important component: righteousness. There are many wāhine mana and kāne who meet all three criteria. Unfortunately, in his failed wisdom, the Governor choose to ignore pono in this nominee’s character. We require it. Our opposition is not about race or gender, it is about the lack of integrity: