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The Honolulu Advertiser
Posted on: Thursday, July 21, 2005

16 plaintiffs say vote for officers violated bylaws, state law

By Timothy Hurley
Advertiser Maui Bureau

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KAHULUI, Maui — For nearly two decades, Maui's Filipino community worked hard to build its Binhi at Ani Maui Filipino Community Center, and that dream finally became reality in January as the $2 million-plus project opened its doors.

But six months later, the center and its leadership have been thrust into controversy as 16 members filed a lawsuit this week claiming irregularities in last month's election of officers.

The group, represented by Wailuku attorney Lance D. Collins, is asking the court to overturn the election and place the nonprofit organization in receivership, with a court-appointed official conducting the board's business until a new panel is elected.

The Maui Circuit Court suit also seeks to block current board members from serving on the center's board for four years.

According to the claim, the board failed to follow its own bylaws, as well as state law, in conducting the June 29 election. Among other things, the board illegally disqualified certain members from voting, violated meeting notification rules, did not allow proxy voting as required and refused to allow public inspection of the list of eligible voters, the lawsuit said.

The board's attorney, Antonio Ramil, would not comment yesterday, saying he hadn't received a copy of the lawsuit. John Enriques, Binhi at Ani board president and a former Maui County Council member, also would not comment.

Collins said his clients are fearful the alleged election irregularities will cause the Internal Revenue Service to take notice and jeopardize the group's nonprofit status. The problems, he said, might also cause the state to revoke the group's charter of incorporation.

Founded by Binhi at Ani, a nonprofit arm of the Maui Filipino Community Council, the Maui Filipino Community Center was completed in late 2004.

The center, dedicated to Filipino immigrants, is the second largest Filipino community center outside the Philippines, next only to the Filipino Community Center in Waipahu.

Organizers, including many of the plaintiffs and defendants in the suit, established the center as a venue to promote community awareness and unity among Filipinos and to help educate younger Filipino-Americans about their cultural heritage.

In addition to being a cultural and social gathering place, the facility also aims to provide educational programs and serve as a preschool and daycare center.