Aloha e GREAT Committee Chair Nohelani U‘u-Hodgins and Committee Members
Iʻm here to comment on Resolution 24-36.
First,
Gary Passon of Waiohuli/Kēōkea ahupuaʻa, the caretaker of Lāʻie muliwai and the protector/conservationist of sand dune restoration hui who cares for State property from VFW Hall to Halama St., should be on the list to be considered to serve on the Planning Commission Seat.
Next,
Once you vote Mr. Passon on the list, the next step is, Iʻm here to ask you Chair and Committee Members to join me in support of Mr. Passon to serve on the Planning Commission. I work with Mr. Passon for some time in Kula Kai. I find him to be fair, balance and most importantly for me, Mr. Passon cares about our Hawaiian culture, our people and our natural resources FIRST.
Also,
We need someone from Kula Kai to serve particularly in the South Maui seat. I did see the names on the list up for consideration. There is only 3 names I recognized I know are from South Maui District. Everyone else I donʻt know or donʻt recognize their names. That being said, if I donʻt know you in our Kula Kai community, then I would like to know your body of work in our community, where you from and how come I donʻt know you. Simple Kanaka asking right?
Anyhow, I gotta go. Choose PONO
Mahalos and have a great day
To: GREAT Committee Chair Nohelani U’u-Hodgins and committee members
From: Dick Mayer
March-11-2024
RE: Council Appointments for Boards and Commissions
RESOLUTIONS 24-19 THROUGH 24-45
It seems that the County is having a problem doing the right thing in the process of selecting new members for the numerous Maui County boards and commissions.
Problem #1. The 2022 election made a change to the Maui County Charter. The new County Charter amendment requires that there be established an Independent Nominating Board that would review applications for all of the boards and commissions. The new Independent Nomination Board would then forward their nominations to the Mayor who would select from the list, a recommended appointee to the County Council to fill each vacancy.
The problem is that the new administration was unable in early 2023 to nominate members to the Independent Nominating Board, as was required by a new County Charter amendment. Finally, nominations came forth from the administrations and the Independent Nominating Board finally had its full membership, but has yet to have its first meeting, establish rules, elect the chair, or begin the process of going through the required nominations that needed to be sent to the Mayor by January 2024.
Problem #2. Without a list of possible nominees from an Independent Nominating Board, the Mayor asked his staff to recommend residents to serve on all of the boards and commissions. The Mayor then selected his appointees for the various boards and commissions and submitted the list of nominees not less than 60 days before a vacancy would occur on April 1. Historically this list of nominees was provided by January 31.
The Maui County Charter (Page 76) requires that the Mayor “submit” the list. It makes no mention of the Council receiving the list. So, the Mayor submitted the list on time because there are 29 days in the leap year month of February 2024, and 31 days in March. The 60 days are NOT “Less than 60”!
County Charter P. 76
The Council's GREAT Committee unilaterally rejected the Mayor’s list claiming that it was one day late; they did not receive the list until February 1. However, the County Charter does not make any reference to when the list is received, but only to the day it is submitted; and the Mayor did submit the list on January 31, in time to meet the submission requirement.
Problem # 3. Thereafter, the GREAT Committee decided to initiate a process to recruit new applicants for the boards and commissions, thus bypassing the Independent Nominating Board and the Mayor.
Problem # 4. The County Charter does say (See the last line of the Maui Charter Appendix IV 13-2 Section 17) that the County Council has 30 days to review and accept the nominations.
County Charter P. 77
Unfortunately, the 30 days concluded approximately March 1 or 2, and the Council has yet to approve the names of the future members of the boards and commissions.
Problem # 5. Not having acted, the Council now must recognize that it does not have the authority to independently nominate and appoint members of the boards and commissions and must accept the fact that it is the Mayor who makes the nominations. In fact the County Charter says that if the names are not accepted by the Council, the Council should ask the Mayor to send new nominations. Nowhere, does the County Charter give the right to the Council to establish a new process after the 30 days.
Problem # 6. If the Council doesn't act on the Mayor's appointees, then all of the Mayor's nominations may be deemed approved by the Charter. Any of these appointees may then have “standing” to sue on this. That would cause a major impact on the overall operations and effectiveness of all Maui County boards and commissions.
A Logical Solution that involves both the Council and Mayor:
The Council should take the 2024 list of Mayoral nominees and vote on each of the nominees, as is usually done. That will allow the nominees to begin their terms on April 1st as would normally be expected. It would allow boards and commissions to operate smoothly from April 1 and without quorum problems.
The Mayor’s staff should convene the Independent Nominating Board as soon as possible, get it properly organized, and let it begin the process for nominations for inevitable vacancies, and the major task at the end of 2024 to make nominations for the next big round of 2025 nominations.
Aloha members of the council, I would like to testify on my behalf in regards to Resolutions 24-33 and 24-40. Mahalo!
Aloha e GREAT Committee Chair Nohelani U‘u-Hodgins and Committee Members
Iʻm here to comment on Resolution 24-36.
First,
Gary Passon of Waiohuli/Kēōkea ahupuaʻa, the caretaker of Lāʻie muliwai and the protector/conservationist of sand dune restoration hui who cares for State property from VFW Hall to Halama St., should be on the list to be considered to serve on the Planning Commission Seat.
Next,
Once you vote Mr. Passon on the list, the next step is, Iʻm here to ask you Chair and Committee Members to join me in support of Mr. Passon to serve on the Planning Commission. I work with Mr. Passon for some time in Kula Kai. I find him to be fair, balance and most importantly for me, Mr. Passon cares about our Hawaiian culture, our people and our natural resources FIRST.
Also,
We need someone from Kula Kai to serve particularly in the South Maui seat. I did see the names on the list up for consideration. There is only 3 names I recognized I know are from South Maui District. Everyone else I donʻt know or donʻt recognize their names. That being said, if I donʻt know you in our Kula Kai community, then I would like to know your body of work in our community, where you from and how come I donʻt know you. Simple Kanaka asking right?
Anyhow, I gotta go. Choose PONO
Mahalos and have a great day
Vernon Kananiolaie Kalanikau
as Kula Kai Kupuna
To: GREAT Committee Chair Nohelani U’u-Hodgins and committee members
From: Dick Mayer
March-11-2024
RE: Council Appointments for Boards and Commissions
RESOLUTIONS 24-19 THROUGH 24-45
It seems that the County is having a problem doing the right thing in the process of selecting new members for the numerous Maui County boards and commissions.
Problem #1. The 2022 election made a change to the Maui County Charter. The new County Charter amendment requires that there be established an Independent Nominating Board that would review applications for all of the boards and commissions. The new Independent Nomination Board would then forward their nominations to the Mayor who would select from the list, a recommended appointee to the County Council to fill each vacancy.
The problem is that the new administration was unable in early 2023 to nominate members to the Independent Nominating Board, as was required by a new County Charter amendment. Finally, nominations came forth from the administrations and the Independent Nominating Board finally had its full membership, but has yet to have its first meeting, establish rules, elect the chair, or begin the process of going through the required nominations that needed to be sent to the Mayor by January 2024.
Problem #2. Without a list of possible nominees from an Independent Nominating Board, the Mayor asked his staff to recommend residents to serve on all of the boards and commissions. The Mayor then selected his appointees for the various boards and commissions and submitted the list of nominees not less than 60 days before a vacancy would occur on April 1. Historically this list of nominees was provided by January 31.
The Maui County Charter (Page 76) requires that the Mayor “submit” the list. It makes no mention of the Council receiving the list. So, the Mayor submitted the list on time because there are 29 days in the leap year month of February 2024, and 31 days in March. The 60 days are NOT “Less than 60”!
County Charter P. 76
The Council's GREAT Committee unilaterally rejected the Mayor’s list claiming that it was one day late; they did not receive the list until February 1. However, the County Charter does not make any reference to when the list is received, but only to the day it is submitted; and the Mayor did submit the list on January 31, in time to meet the submission requirement.
Problem # 3. Thereafter, the GREAT Committee decided to initiate a process to recruit new applicants for the boards and commissions, thus bypassing the Independent Nominating Board and the Mayor.
Problem # 4. The County Charter does say (See the last line of the Maui Charter Appendix IV 13-2 Section 17) that the County Council has 30 days to review and accept the nominations.
County Charter P. 77
Unfortunately, the 30 days concluded approximately March 1 or 2, and the Council has yet to approve the names of the future members of the boards and commissions.
Problem # 5. Not having acted, the Council now must recognize that it does not have the authority to independently nominate and appoint members of the boards and commissions and must accept the fact that it is the Mayor who makes the nominations. In fact the County Charter says that if the names are not accepted by the Council, the Council should ask the Mayor to send new nominations. Nowhere, does the County Charter give the right to the Council to establish a new process after the 30 days.
Problem # 6. If the Council doesn't act on the Mayor's appointees, then all of the Mayor's nominations may be deemed approved by the Charter. Any of these appointees may then have “standing” to sue on this. That would cause a major impact on the overall operations and effectiveness of all Maui County boards and commissions.
A Logical Solution that involves both the Council and Mayor:
The Council should take the 2024 list of Mayoral nominees and vote on each of the nominees, as is usually done. That will allow the nominees to begin their terms on April 1st as would normally be expected. It would allow boards and commissions to operate smoothly from April 1 and without quorum problems.
The Mayor’s staff should convene the Independent Nominating Board as soon as possible, get it properly organized, and let it begin the process for nominations for inevitable vacancies, and the major task at the end of 2024 to make nominations for the next big round of 2025 nominations.
CC. Office of the Mayor