Recent news coverage regarding the Hawai'i State Advisory Committee to the U.S. Commission on Civil Rights has only begun to scratch the surface.

On Aug. 15, HISAC held a planning meeting at the direction of the commission's Washington, D.C., staff. The meeting was announced in the Federal Register on Aug. 8 under an "exceptional circumstances" provision that allows for publication of formal notice with less than 15 days' notice to the public. In my past experience as a HISAC member from 1995 to 2006, such notices were typically issued with approximately 30 days' notice.

The commission's sudden desire to hear from its newly stacked committee concerning the Akaka bill belies its obstinate refusal to consult with prior HISAC members in 2005 and 2006. The commission failed to consult with the Hawai'i advisory committee regarding its plans or the briefing itself, notwithstanding the committee's publication of reports during each of the last three decades on civil rights issues affecting Native Hawaiians.

The commission's 2006 report was timed for greatest adverse impact on an upcoming cloture vote by the U.S. Senate, which otherwise could have paved the way for passage of the Akaka bill. The rush to action appears to be based on the misimpression that Congress is once again poised to act on the Akaka bill, even though The Advertiser previously reported that congressional action is not expected until the end of the year at the earliest.

To my knowledge, HISAC has never operated at the direction of the commission's staff, nor am I aware of any other state advisory committees that are run this way (at least not willingly). In its first meeting conducted by conference call Aug. 15, some HISAC members objected to voting for an agenda without adequate notice or discussion of the issues, but their voices were silenced by the majority. I am aware of no such action taking place in the past without first providing new HISAC members with an orientation about applicable regulations and administrative policies.

HISAC members "voted overwhelmingly" in support of a motion/second by two Akaka bill opponents to approve the two briefings held recently on O'ahu and Maui. The agenda for the O'ahu meeting had already been published by the commission in the Federal Register, before the HISAC members had even convened their initial meeting.

Indeed, one returning HISAC member suggested that the O'ahu meeting be moved up an hour so working people could attend. However, that reasonable recommendation was rejected simply because the schedule had already been announced.

A courageous new appointee abstained from the vote based on the lack of participation by committee members in the original determination of this project and because of other concerns about due process. One of the returning HISAC members noted that it "sounds like the train has left the station," and lamented the fact that committee members as a whole were not provided with more detailed information about anticipated action items in advance of the meeting.

Based on the discussion during this week's conference call, it appears to this observer that the current HISAC chairman is operating based upon misinformation provided by the commission's staff director and/or others. The sudden desire to spend significant amounts of money to fly commission staff out to Hawai'i is also curious, not to mention the attendance of some commissioners and a representative of the conservative Center for Equal Opportunity; it's still unclear whether taxpayers will be picking up the tab.

It is interesting to note that the new commission majority would not even issue a press release concerning the prior HISAC's March 2006 public briefing on "Civil Rights Issues in Hawai'i." The absence of any discussion by the newly constituted HISAC about the important presentations provided during this briefing is equally shocking.

Only now that the commission appears to have stacked the committee with members who are actively opposed to Native Hawaiians programs, does it appear willing to spend the money and listen to the committee.

As a former HISAC chairman, it is both sad and frustrating to witness the commission's efforts to backtrack from the agency's original mission. The philosophical approach embraced by the new commission majority ignores the underlying purpose of our civil rights laws: ending historical exclusion of non-whites, ethnic and religious minorities, women and persons with disabilities from full participation and equal treatment.

If we lose this fight on behalf of Native Hawaiians, whom will the commission take on next?

David M. Forman is immediate past chairman and member of the Hawai'i State Advisory Committee. He wrote this commentary for The Advertiser.