Description

How To Apply
To apply for this position, please go to our website to download our fillable application and submit along with your resume and cover letter via email to careers@oha.org.

GENERAL PURPOSE OF POSITION

The Board Legal Counsel is the chief legal advisor to the Board of Trustees (“BOT”) Chairperson, the Board of Trustees, and the Chief of Staff of the Office of Hawaiian Affairs. The Board Legal Counsel is responsible for protecting OHA’s legal and fiduciary interests as well as providing direct legal support to the BOT. This role ensures organizational compliance with all applicable state, federal, and trust laws, and supports the Board of Trustees (BOT) in fulfilling its constitutional and statutory duties under HRS §10-5.

As a key member of the Board of Trustees’ team, the Board Legal Counsel helps advance OHA’s mission to improve conditions for Native Hawaiians through ethical governance, risk mitigation, legal stewardship of trust resources, and compliance oversight. Key areas of support include governance and compliance matters, procurement and contract oversight, board policies and procedures, conflict of interest safeguards, and the review and development of legal memoranda, standard operating procedures, and other board related documents. Additionally, the Board Legal Counsel advises the BOT on OHA’s escheat rights, related kuleana and land matters, and supports the Chairperson in their role as OHA’s Chief Procurement Officer, Head of Purchasing Agency, and Senior Executive Board Member as a Co-Trustee of the Papahnaumokukea Marine National Monument.

At the direction of the Chairperson, the Board Legal Counsel may further coordinate with OHA’s Corporate Counsel or external legal advisors, as appropriate, to ensure alignment with broader legal strategies and risk mitigation.

ESSENTIAL FUNCTIONS & RESPONSIBILITIES

1. Legal Services for OHA

a. Reviews and advises on proposed Board actions to ensure compliance with applicable laws, rules, regulations, and OHA policies and procedures.

b. Drafts legal opinions and advisory memoranda addressing policy, operations, governance, and other administrative functions affecting OHA, the BOT, and staff at the request of the Chairperson, BOT, or Chief of Staff.

c. Reviews and revises OHA contracts, leases, and other transactional documents and instruments subject to the Chairperson or the BOT’s review and/or approval, and which impose obligations, responsibilities, encumbrances, liens, or releases that safeguard the agency’s legal and financial interests.

d. Conducts legal training for the BOT and Board staff on applicable laws, regulations, and ethical standards relevant to their work duties and responsibilities.

2. Legal Services to the Board of Trustees

a. Provides legal counsel and guidance to the BOT Chairperson, Chairpersons of Standing Committees, Ad Hoc Committees, or Permitted Interaction Groups, BOT, and Chief of Staff on matters involving compliance, risk,
and legal interpretation, including the Board’s oversight, fiduciary duties, strategic governance, and trust obligations.

b. Renders legal advice, counsel, and guidance on applicable laws, rules, regulations, court decisions, and legal documents that may affect agency or board operations, including but not limited to state and federal laws impacting Native Hawaiian self-determination, beneficiary rights, and OHA’s statutory and fiduciary obligations as a public trust agency.

c. Develops, and implements programs and projects that enhance the legal services provided to the Chairperson, BOT, and Chief of Staff, helping to protect and advance the agency’s legal and financial interests.

d. Supports the Board in developing and implementing legal strategies on high-level policy issues, such as ceded lands, the public land trust, Native Hawaiian entitlements, beneficiary services and funding, and agency accountability.

e. Reviews and assesses claims and potential litigation in coordination with the Chief of Staff and/or Corporate Counsel Office, as appropriate. Advises the Chairperson and BOT on legal strategies, including whether to pursue litigation or settlement, with careful consideration of fiduciary impact and organizational risk.

f. Provides legal guidance on complex, confidential, or politically sensitive matters that affect the Board’s oversight and decision-making responsibilities.

g. Assists the BOT Chairperson, Chairpersons of Standing Committees, Ad Hoc Committees, Permitted Interaction Groups, BOT, and Chief of Staff with special projects and confidential assignments requiring legal insight and discretion.

h. Supports Standing Committee Chairs and their Aides, the Chief of Staff, and the Board Secretary by reviewing agendas and minutes for BOT and committee meetings, ensuring procedural and legal accuracy.

i. Evaluates legal risks and promotes a culture of compliance, integrity, and proactive legal stewardship at the Board level.

j. Continuously monitors the quality, efficiency, and cost-effectiveness of internal and external legal services secured by and delivered specifically to the Board, in coordination with the Chief of Staff, as distinct from legal services retained by the agency for operational or programmatic purposes, unless otherwise requested by the Chairperson, BOT, or General Counsel. Ensures that all such services align with OHA’s mission, fiduciary responsibilities, and commitment to legal and ethical excellence.

3. Consistently upholds the priorities, decisions, and directives of the Chairperson in alignment with the Hawaii Rules of Professional Conduct.

4. Regular in person attendance is required although this position is hybrid-eligible in accordance with OHA’s Telework policy and subject to the discretion and approval of the Board Chairperson.

5. This position requires residency on the Island of Oahu.

OTHER DUTIES/RESPONSIBILITIES

Performs other duties as assigned by the Chairperson.

Requirements

MINIMUM QUALIFICATIONS

Education, Training and/or Experience

1. Education. Juris Doctor (J.D.) from an accredited law school.

2. Licensure. Must be licensed to practice law in the State of Hawai‘i and a member in good standing with the Hawai‘i State Bar Association.

3. Legal Work Experience. Minimum of ten (10) years of progressively responsible legal practice.

• At least five (5) of those years must be in the State of Hawai‘i.
• Legal experience must include the following:

i. Contractual and Legal Document Expertise. Minimum of five (5) years drafting, reviewing, and negotiating contracts, leases, agreements, legal instruments, and amendments.
ii. Leadership and Legal Team Management. Minimum of five (5) years supervising and evaluating attorneys and legal support staff. Experience must demonstrate leadership, organizational, and team development skills in a complex, multi-disciplinary environment.

PREFERRED QUALIFICATIONS

1. Procurement Law. At least two (2) years of experience applying Hawai‘i procurement laws as set forth in HRS Chapters 103D and 103F.

2. Specialized Legal Expertise. Demonstrated legal experience in one or more of the following areas is highly preferred:

• Trust law and fiduciary obligations
• Native Hawaiian rights and legal advocacy
• State of Hawai‘i legislative and budgetary processes
• Civil litigation before State and/or Federal courts
• Administrative law and proceedings before boards, commissions, or hearing officers
• Public sector or nonprofit governance, including service as legal counsel to Boards of Directors or Trustees, Executive Leadership (CEO, VPs), with experience advising on legal, fiduciary, compliance, and governance matters

3. Public Accountability and Compliance. Experience interpreting and applying Hawai‘i’s Sunshine Law (HRS Chapter 92) and the Uniform Information Practices Act (UIPA) (HRS Chapter 92F).

4. Cultural Competency and Mission Alignment.

• Knowledge of Native Hawaiian culture, language, and history, and ability to apply this understanding in a legal and organizational context.
• Familiarity with the Mana i Mauli Ola Strategic Plan or similar culturally grounded frameworks.
• Demonstrated commitment to working with or supporting Native Hawaiian communities or mission-aligned, values-based organizations.

Knowledge, Skills and Abilities

1. Must have working knowledge of:

• State and federal laws, statutes, regulations, policies, practices, and standards applicable to OHA’s mission and operations;
• History of major legal issues, challenges, and decisions relevant to Native Hawaiian governance and OHA’s mission;
• Legal research methods and resources for writing legal documents and developing legal opinions, pleadings, and strategy;
• Legal processes, court proceedings, legal documents and instruments, and other related activities in order to effectively evaluate legal issues and cases and recommend effective courses of action in conformity with federal, state, and local laws relating to the functions of the agency;
• Current status and recent developments in the laws that may have an impact on OHA, including: trust and fiduciary law, Native Hawaiian rights law and land tenure issues, employment law, records access and information practices (Chapters 92 and 92F, HRS), intellectual property, real property, collections, parliamentary procedures, contracts, procurement (Chapter 103D, HRS), Hawai‘i Administrative Procedures Act and administrative regulations (Chapter 91, HRS); and
• Basic knowledge of Hawaiian language, place names, and resources, as many contracts and other legal documents contain Hawaiian words and names.

2. Must have demonstrated experience, skills or ability in:

• Native Hawaiian rights law, land tenure issues, and public land trust analysis;
• Advising and litigating matters involving Indigenous rights, government fiduciary responsibilities, or constitutional law;
• Leading legal strategy in culturally rooted, values-based organizations;
• Working with or for fiduciary organizations (e.g., public trusts, government agencies, or foundations);
• Familiarity with Mana i Mauli Ola Strategic Plan and Hawaiian culture;
• Ability to navigate sensitive political and cultural landscapes with diplomacy and legal considerations;
• Navigate sensitive governance and fiduciary issues with professionalism and integrity.
• Read and interpret complex written material;
• Conduct complex legal research;
• Write/edit pleadings, legal briefs, arguments, opinions, and position papers;
• Negotiate favorable agreements;
• Collaborate effectively with the Corporate Counsel Office and uphold high standards of legal ethics.
• Make formal oral presentations and communicate effectively with a wide variety of audiences including OHA staff, Board of Trustees, and OHA beneficiaries
• Effectively participate in and contribute to organizational planning, policy development, and budget processes;
• Effectively use computer software (including Microsoft Office products) to draft legal documents, manage workloads, and communicate with others; and
• Complement the mission of OHA and the functions of the Corporate Counsel Office.