The board today was scheduled to swear in four trustees and meet for the first time after last month's elections to decide whether Clayton Hee would remain as chairman.
But the state attorney general's office has said the trustees chosen by Hawaiian voters this year - Haunani Apoliona, Colette Machado and Hannah Springer as well as incumbent Moses Keale - cannot perform any official duties until election results are certified by chief elections officer Dwayne Yoshina.
Yoshina, however, can't certify the results until a lawsuit filed Nov. 22 by ousted trustees Moanike'ala Akaka and Samuel Kealoha is resolved by the high court. The two filed a complaint that the civil rights of Hawaiians were deprived because a number of eligible OHA voters were not given ballots by precinct officials.
"We're all hanging on our toenails with regards to the lawsuit filed by the two," said Machado. "We're not sure it only impacts myself or Hannah, or everybody. We're just not sure."
The board cannot function without the four trustees officially in their positions, says Billie Beamer.
"I feel kind of sorry for them," Beamer said. "They've been frozen out of the whole process so far."
It is uncertain when the Hawaii justices will rule on the matter, said Marsha Kitagawa, judicial spokeswoman. She said the high court is already backlogged with cases.
State Deputy Attorney General John Dellera said the law calls for an expeditious decision in these election cases, but agreed "the timing is up to the Supreme Court."
The winner does not lawfully take office until the certificate of election is delivered, he said.
Yoshina said he's bound by law not to certify the results and said any delay for the OHA board is beyond his control.
"I don't want to sound like I'm being flippant or anything, but that's none of my concern," Yoshina said.
"All I know is that when the complaint is filed, I cannot certify."
The delay is not expected to affect a ceremony scheduled for 2 p.m. tomorrow at Kawaiahao Church. The event has no legal significance.
OHA administration officials contend there is enhanced interest in the nine-member board reorganization because three of Hee's supporters, Kina'u Boyd Kamali'i, Akaka and Kealoha lost their seats.
Keale, who has been with the board since its inception, is not considered a Hee supporter while trustees Rowena Akana and Beamer have been outspoken opponents of the chairman. Trustee Abraham Aiona is a staunch Hee supporter while A. Frenchy DeSoto is considered an independent, although she has supported Hee.
Apoliona, Machado and Springer ran as a slate under the Na Lei Lokahi banner, which stresses harmony and balance on the board.
Meanwhile, rules governing the semiautonomous agency state when a board convenes for its first meeting after an election, the most senior trustee - in this case, Keale - shall act as the temporary chairman until the election of the chairperson and vice chairperson.