Aloha Council members, my name is Max Tsai and I would like to testify on my behalf in regards to my application to be on our county commissions. Mahalo!
Aloha GREAT Chair U’u-Hodgins and Members of the GREAT Committee:
I write to testify on GREAT-5(3) regarding the procedure being considered for the Mayor’s appointments to the Cost of Government Commission. As noted in the communication from Chair U’u-Hodgins, dated February 9, 2024, the Mayor has offered five (5) individuals for appointment to the Cost of Government Commission (COGC). If eventually confirmed by County Council, all the new members would be members of the Commission until March 31, 2029. I am testifying in my role as the current Chair of the COGC based on the discussions held in past commission meetings but without specific direction from the COGC to do so.
As you know, the Cost of Government Commission consists of nine (9) members appointed by the Mayor and confirmed by Council. As such five (5) members constitutes a quorum of the commission. If Council is unable to confirm any of the proposed appointees from the Mayor, the COGC will be unable to meet as obtaining a quorum will not be possible. We will be in the same position in 2029, as five members of the COGC would term-out and the COGC will again be quorum-less.
In May 2021, COGC wrote to the Maui County Charter Commission asking that commission to address this matter so that the terms of the commissioners of the GOGC would be staggered as required by Charter Section 13-2. Section 13-2 of the Charter provides that the members of all boards and commissions shall serve staggered terms of five years beginning on April 1 and ending on March 31. Staggering terms should have no more than three members leaving the COGC in any given year, rather than losing a quorum-worth’s of membership in any given year.
The impact of the loss of a substantial portion of the COGC membership in any given year is significant because the COGC’s investigations tend to be multi-year efforts. As well, the investigations by the COGC tend to be complex and detailed in nature and require a significant investment of time and resources by the commissioners. The loss of institutional memory when many commissioners leave the COGC has a substantial impact on the work of the commission.
Notably, because the COGC does not have a staggered term process in place, not only are we are losing five (5) commissioners this year, but four (4) commissioners ended their terms at the end of March 2023 due to term limits. Having an entire commission turn over its membership within a single year is less than ideal.
We would recommend that when you consider the five (5) nominated members of the COGC that you ask those appointees if they are willing to serve a reduced term of appointment with the understanding that they could be re-appointed to a full five (5) year term at the completion of their current appointment. We would like to suggest the following:
1. One (1) commissioner be appointed to a two-year term, with his or her term ending in 2026, with the option to renew for a five-year term.
2. Two (2) commissioners be appointed to a three-year term, with their terms ending in 2027, with the option to renew for a five-year term.
3. Two (2) commissioners be appointed to a five-year term, with their terms ending in 2029.
Note that we do not propose that any commissioners be appointed to a four-year term because the COGC currently has four commissioners whose terms expire in 2028.
Thank you for your consideration of my testimony.
Evan Dust, Chair (2023-2024 Term)
Maui County Cost of Government Commission (COGC)
evan.dust.cogc@outlook.com
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 Chair U’u-Hodgins and Members of the GREAT Committee:
I had the pleasure of meeting all of you during my INB interview a few weeks ago. As the applications for the Maui Planning Commission will not be presented to the INB, I would like to take this opportunity to voice my support for Brian Ward's application for the Maui Planning Commission.
For over a year, I have had the opportunity to work with Brian on the South Maui Community Plan Advisory Committee (CPAC). Throughout that process, I noticed that Brian was consistently poised, prepared, independent in his views and asked clear, concise questions. He was always connecting the bigger picture and the end goal in a pragmatic way. His demeanor during committee meetings was professional and respectful, not only to fellow committee members but to the community and all who attended each meeting. He volunteered practical ideas and solutions with clarity and thoughtfulness, and moved conversations forward constructively. When he felt the need to convey a point of view that differed from another committee member’s, he did so with tact and respect – something I truly appreciated as a fellow committee member.
Along with being a very interesting, intelligent and well-rounded individual, it is clear that Brian wants what is best for the island and the people who live here.
I am proud to voice my support for Brian Ward and know that if selected, his service will be of significant benefit to the County and community.
Thank you,
Jenny Sullivan
Reso 24-32
Aloha Council members, my name is Max Tsai and I would like to testify on my behalf in regards to my application to be on our county commissions. Mahalo!
Aloha GREAT Chair U’u-Hodgins and Members of the GREAT Committee:
I write to testify on GREAT-5(3) regarding the procedure being considered for the Mayor’s appointments to the Cost of Government Commission. As noted in the communication from Chair U’u-Hodgins, dated February 9, 2024, the Mayor has offered five (5) individuals for appointment to the Cost of Government Commission (COGC). If eventually confirmed by County Council, all the new members would be members of the Commission until March 31, 2029. I am testifying in my role as the current Chair of the COGC based on the discussions held in past commission meetings but without specific direction from the COGC to do so.
As you know, the Cost of Government Commission consists of nine (9) members appointed by the Mayor and confirmed by Council. As such five (5) members constitutes a quorum of the commission. If Council is unable to confirm any of the proposed appointees from the Mayor, the COGC will be unable to meet as obtaining a quorum will not be possible. We will be in the same position in 2029, as five members of the COGC would term-out and the COGC will again be quorum-less.
In May 2021, COGC wrote to the Maui County Charter Commission asking that commission to address this matter so that the terms of the commissioners of the GOGC would be staggered as required by Charter Section 13-2. Section 13-2 of the Charter provides that the members of all boards and commissions shall serve staggered terms of five years beginning on April 1 and ending on March 31. Staggering terms should have no more than three members leaving the COGC in any given year, rather than losing a quorum-worth’s of membership in any given year.
The impact of the loss of a substantial portion of the COGC membership in any given year is significant because the COGC’s investigations tend to be multi-year efforts. As well, the investigations by the COGC tend to be complex and detailed in nature and require a significant investment of time and resources by the commissioners. The loss of institutional memory when many commissioners leave the COGC has a substantial impact on the work of the commission.
Notably, because the COGC does not have a staggered term process in place, not only are we are losing five (5) commissioners this year, but four (4) commissioners ended their terms at the end of March 2023 due to term limits. Having an entire commission turn over its membership within a single year is less than ideal.
We would recommend that when you consider the five (5) nominated members of the COGC that you ask those appointees if they are willing to serve a reduced term of appointment with the understanding that they could be re-appointed to a full five (5) year term at the completion of their current appointment. We would like to suggest the following:
1. One (1) commissioner be appointed to a two-year term, with his or her term ending in 2026, with the option to renew for a five-year term.
2. Two (2) commissioners be appointed to a three-year term, with their terms ending in 2027, with the option to renew for a five-year term.
3. Two (2) commissioners be appointed to a five-year term, with their terms ending in 2029.
Note that we do not propose that any commissioners be appointed to a four-year term because the COGC currently has four commissioners whose terms expire in 2028.
Thank you for your consideration of my testimony.
Evan Dust, Chair (2023-2024 Term)
Maui County Cost of Government Commission (COGC)
evan.dust.cogc@outlook.com
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
Aloha Chair U’u-Hodgins and Members of the GREAT Committee:
I had the pleasure of meeting all of you during my INB interview a few weeks ago. As the applications for the Maui Planning Commission will not be presented to the INB, I would like to take this opportunity to voice my support for Brian Ward's application for the Maui Planning Commission.
For over a year, I have had the opportunity to work with Brian on the South Maui Community Plan Advisory Committee (CPAC). Throughout that process, I noticed that Brian was consistently poised, prepared, independent in his views and asked clear, concise questions. He was always connecting the bigger picture and the end goal in a pragmatic way. His demeanor during committee meetings was professional and respectful, not only to fellow committee members but to the community and all who attended each meeting. He volunteered practical ideas and solutions with clarity and thoughtfulness, and moved conversations forward constructively. When he felt the need to convey a point of view that differed from another committee member’s, he did so with tact and respect – something I truly appreciated as a fellow committee member.
Along with being a very interesting, intelligent and well-rounded individual, it is clear that Brian wants what is best for the island and the people who live here.
I am proud to voice my support for Brian Ward and know that if selected, his service will be of significant benefit to the County and community.
Thank you,
Jenny Sullivan