Amendments to the Charter Also On the Ballot

Amendments to the Charter Also On the Ballot

Alfredo G. Evangelista | Assistant Editor

The County of Maui’s Charter is in effect its Constitution. There are two ways amendments to the Charter can be proposed: by the County Council and every ten years, by the Charter Commission.

In the past, members of the Charter Commission were all appointed by the Mayor. Two years ago, Maui’s voters passed an amendment to the Charter that allowed each Councilmember one appointment in addition to the Mayors’ appointment.

This year the members of the Charter commission are Grant Y.M. Chun (Wailuku), Chair; Keoni J. Kuoha (Pukalani), Vice Chair; Kelson Kauanoe Batangan (Kahului); Doreen N. Canto (Kula); David P. DeLeon (Ha‘ikū); Paul C. Deslauriers (Kīhei); Karey K. Kapoi (Wailuku); Douglas Ward Mardfin (Hāna); Ashley Olson (Lahaina); and George Purdy IV (Lāna‘i).

(Lance Collins was a member of the Charter commission and served as Chair until he accepted an appointment as a per diem (part-time) judge.)

The Commission developed a matrix, with proposed amendments covering the Administration; Boards & Commission; Charter Commissioners; Legislative; and Public. There were also several Themes: County Council Districting/Elections; County Council; County Clerk, Auditor and Cost of Government; Budget & Finance; Ethics; General Provisions-Boards & Commissions; Planning; Police; Executive Branch; Miscellaneous/New Provisions; and New Provisions.

This year, the Charter Commission proposed eleven amendments to the Charter. The Council proposed two alternates to the Commissions proposals (9A and 10A) and also proposed two of its own amendments (12 and 13). See pages 16 and 17 on image below.

The Charter Commission developed a 13 page analysis of its proposals, with an explanation of what a Yes vote or a No vote means on its proposals and the two Council alternates. That analysis is reprinted below. (There is no analysis by the Charter Commission of the Council’s proposals 12 and 13.)

Also, as part of the County’s website, Ilokano translations of the Ballot questions were developed. The ballot question in Ilokano is inserted immediately after the ballot question in English.

On October 4, Lance T. Taguchi, CPA, County Auditor, issued a letter addressed to the Mayor and the Council Chairperson which provided a Financial Impact Analysis of Proposed Amendments to the Maui County Charter. That financial impact analysis is inserted after the analysis of each proposed Charter amendment. In his letter, Taguchi explained “This evaluation is not an audit and purposely does not include conclusions and explanatory language withing Exhibit 1 in order to avoid any perception that my Office is advocating for or against any of the proposed Charter amendments. That format—while less than ideal—is intended to avoid the loss of public trust, the possible violation of campaign finance laws, and the use of government funds to advocate for or against a ballot initiative.”

Finally, in September, the two Mayoral candidates—incumbent Mayor Michael Victorino and challenger Retired Judge Richard Bissen—were asked their thoughts on whether a separate Department of Housing should be created. Their responses are reprinted after the County Auditor’s Financial Impact Analysis to Proposal 1.

CHARTER AMENDMENT PROPOSAL 1

Create a separate Housing Department dedicated to affordable housing; include an advisory board and Hawaiian Home Lands Liaison.
Ballot question

MAUI Proposal 1: Create a separate Housing Department dedicated to affordable housing;

include an advisory board and Hawaiian Home Lands Liaison

Shall the Charter be amended, effective July 1, 2024, to:

1. Divide the Department of Housing and Human Concerns into two departments;
2. Create the Housing Advisory Board to advise the Director of Housing; and
3. Require a liaison with the Department of Hawaiian Home Lands within the Department of Housing?

MAUI Singasing 1: Pannakaparnuay ti sabali ken maisina a Departamento ti Panagpabalay (Housing Department) a ti kangrunaan nga akemna ket isu ti panagpabalay a kabaelan ti kaaduan; mairaman ditoy ti hunta dagiti mammagbaga ken Mangibabaet iti Dagdaga a Pagbalayan Hawayano (Hawaiian Home Lands Liaison)

Ti kadi Charter maamendaran, epektibo iti Hulio 1, 2024, tapno ipalubosna ti:

1. Pannakabingay ti Departamento ti Panagpabalay ken Pakaseknan Dagiti Tattao (Department of Housing and Human Concerns) iti dua a departamento;
2. Pannakaparnuay ti Hunta Dagiti Mammagbaga iti Panagpabalay (Housing Advisory Board) tapno agpaay a mammagbaga ti Direktor ti Panagpabalay (Director of Housing); ken
3. Pannakapaadda ti mangibabaet iti Departamento ti Dagdaga a Pagbalayan Hawayano iti sakup ti Departamento ti Panagpabalay (Department of Housing)?

What your vote means

YES

The Department of Housing & Human Concerns is a single County department. A “Yes” vote supports dividing that department into two separate departments, each with its own director and unique powers, duties, and functions. The amendment also creates a new Housing Advisory Board tasked with advising, aiding, and supporting the Housing Director’s efforts to create affordable housing. Finally, the amendment creates a new position within the Department of Housing that is tasked with acting as a liaison with the Department of Hawaiian Home Lands on all matters involving housing development within the County.

NO

A “No” vote opposes separating the Department of Housing & Human Concerns into two separate departments. A “No” vote also opposes the creation of a Housing Advisory Board tasked with advising, aiding, and supporting the Housing Director’s efforts to create affordable housing and the creation of a liaison with the Department of Hawaiian Home Lands within the Department of Housing.

County Auditor’s Financial Impact Analysis on Commission Proposal 1-Create a separate Housing Department dedicated to affordable housing; including an advisory board and Hawaiian Home Lands Liaison: Additional Annual Financial Impact of $2,000,000.

Question Posed to Victorino And Bissen

A charter amendment is proposed to bifurcate the Department of Housing and Human Concerns. Do you support this amendment, and if so, how will this proposal help build more workforce housing units for hard working families on Maui?

VICTORINO: I support dividing the Department of Housing and Human Concerns into two departments only if the Maui County Council is committed to funding the type of staffing required for an effective Department of Housing. This would include staff planners, CIP specialists, project managers, civil engineers and so on. Government at all levels is slower than private industry due to the need for public consultation and a tendency to prioritize process over productivity. My Administration has worked collaboratively with Developers who are capable and willing to help meet our housing needs. A bi-furcated Department with the needed resources can help entitle land, expedite zoning issues, and then allow Developers to take over and do what they do best. I believe the private sector is more efficient than the public sector at building housing, but perhaps both are needed during these times. Staffing a new Housing Department won’t be cheap, but a benefit is the Department of Human Concerns would be able to focus on delivering social services to those who need them.

BISSEN: I believe that before we even consider the bifurcation of the Department of Housing and Human Concerns we need to effectively assess and address their issues and maximize efficiencies in the current system and department. There will be additional overhead costs, which could mean increased taxes, for adding a new County department. We should not take this lightly, especially when it comes to our taxpayer’s hard-earned dollars. Additionally, time and time again we’ve seen that added layers of bureaucracy can impede affordable housing development in Hawai‘i. Creating housing is an absolute priority, and I do support isolating focus and responsibilities in pursuit of efficiency. However, we must ensure that our government growth matches our current tax revenue. I strongly believe that we can invest our time and resources in improving our current department without causing additional cost burdens for our citizens.

CHARTER AMENDMENT PROPOSAL 2

Create a Department of ‘Oiwi Resources and affirm that the County will operate as a bilingual government.

Ballot question

MAUI Proposal 2: Department of ‘Oiwi Resources

Shall the Charter be amended to affirm that the County will operate as a bilingual government; and, effective July 1, 2024, to establish a Department of ‘Oiwi Resources to implement programs to ensure proper management of ‘Oiwi (native) cultural resources, including the Hawaiian language, place names, historical and archival materials, cultural sites, iwi and burials, and the variety of natural resources used in cultural practices; and collaborate with the Planning Director on revisions to the general plan and long-range planning programs?

MAUI Singasing 2: Departmento ti ‘Oiwi a Rekursos

Ti kadi Charter maamendaran tapno patalgedanna a ti Ili ket agtrabaho a kas gobierno bilinggual; ken, epektibo iti Hulio 1, 2024, mabangon ti Departamento ti ‘Oiwi a Rekursos tapno yimplementarna ti umno a pannakaimaton ti ‘Oiwi (natibo) a rekursos kultural, agraman ti lengguahe a Hawayano, nagan dagiti lugar, historikal ken arkibo a materiales, kultural a lugar, iwi ken pannakaitabon, ken dagiti nadumaduma a rekursos natural a maar-aramat kadagiti kultural nga aramid; ken pannakikammayet iti Direktor ti Panagplano iti pannakaatur ti plano heneral ken dagiti plano dagiti agpaut-ti-pannakaipakatda a programa?

What your vote means

YES

A “Yes” vote supports the creation of a new County department, called the Department of ‘Oiwi Resources, which would implement programs for native cultural resources, including Hawaiian language, cultural practices, and natural resources. The Director of ‘Oiwi Resources would act as an ex-officio non-voting member of planning commissions. The amendment also affirms that the County will operate as a bilingual (Hawaiian and English) government.

NO

A “No” vote opposes the creation of the Department of ‘Oiwi Resources and opposes a Charter mandate that the County operate as a bilingual government.

County Auditor’s Financial Impact Analysis on Commission Proposal 2 Department of ‘Oiwi Resources: Additional Annual Financial Impact of $400,000

CHARTER AMENDMENT PROPOSAL 3

Expand requirements in the Code of Ethics regarding the financial interests of County officers.

Ballot question

MAUI Proposal 3: Ethics and financial disclosures

Shall the Charter be amended to:

1. Require the filing of a financial disclosure statement by appointive officers and employees prior to taking office or participating in any official capacity;
2. Prohibit officers and employees from taking official actions in which the officer or employee has a direct or indirect financial interest;
3. Prohibit officers and employees from using or attempting to use their position for unwarranted advantage to themselves or others?

MAUI Singasing 3: Dagiti Etiko ken dagiti panangipalgak iti pinansial nga impormasion

Ti kadi Charter maamendaran tapno: 1. Maibilin ti panangipila dagiti madutokan nga opisial ken empleado iti dokumento a pangipalgakanda iti gatad ti kinabaknangda sakbay nga agtakemda iti puestoda wenno sakbay a makipasetda iti ania man nga opisial a kapasidad; 2. 3. 1. Mapawilan dagiti opisial ken empleado a makipaset iti ania man nga opisial nga aksion no ti opisial wenno empleado ket addaan iti direkta wenno saan a direkta a pannakaibiang iti mapagsasaritan a banag a pinansial; Mapawilan dagiti opisial ken empleado a mangusar wenno agpanggep a mangusar iti takemda tapno maipaayanda iti di maikanatad a bentahe para kadakuada wenno para kadagiti sabsabali?

What your vote means

YES

A “Yes” vote supports three significant changes to the Code of Ethics: (1) appointed officers and employees would be required to file their financial disclosure statements prior to taking office; (2) officers or employees would be prohibited from taking official action in which the officer or employee has a direct or indirect financial interest; and (3) officers or employees would be prohibited from using or attempting to use their position for unwarranted advantage to themselves or others. The amendment also adds a requirement that annual updates to financial disclosure statements be filed by February 15 of each calendar year.

NO

A “No” vote opposes the proposed changes to the Code of Ethics and supports keeping the Code of Ethics as it is currently in the Charter. The deadline for the filing of annual updates to financial disclosure statements would continue to be set by the Board of Ethics.

County Auditor’s Financial Impact Analysis on Commission Proposal 3 Ethics and financial disclosures: Additional Annual Financial Impact of < $25,000

CHARTER AMENDMENT PROPOSAL 4

The Maui Planning Commission must have one member from every Maui Island council residency area; Molokai Planning Commission to be given jurisdiction over Kalaupapa; community plan update process to be set by ordinance.

Ballot question

MAUI Proposal 4: Planning Commissions and Community Plan Updates

Shall the Charter be amended to:

1. Require that the Maui Planning Commission have members from all council residency areas on the island of Maui;
2. Allow for Kalaupapa, Molokai, to be included within the County of Maui and the jurisdiction of the Molokai Planning Commission upon State action; and
3. Allow for the community plan update process to be set by ordinance?

MAUI Singasing 4: Dagiti Komision ti Panagplano ken Dagiti Pannakapabaro ti Plano ti Komunidad

Ti kadi Charter maamendaran tapno:

1 Maibilin a ti Komision ti Panagplano ti ket masapul nga addaan kadagiti kameng manipud kadagiti amin a residensial a lugar ti konseho iti isla ti Maui;
2. Mapalubosan a ti Kalaupapa, Moloka‘I ket mairaman iti sakup ti Ili ti Maui ken ti hurisdiksion ti Komision ti Panagplano ti Molokai ket maibatay iti aksion ti Estado; ken
3. Mapalubosan a ti proseso iti pannakapabaro ti plano ti komunidad ket ituding ti ordinansa?

What your vote means

YES

The Charter currently does not require regional representation on the Maui Planning Commission. A “Yes” vote is in favor of requiring that the Maui Planning Commission’s members include at least one person from each of Maui’s council residency areas, and no more than two members who reside in each council residency area. This amendment would also allow for Kalaupapa, Molokai to be included within the jurisdiction of the County of Maui if state law allows for such a change. The amendment would also provide that community plans will be reviewed and updated as set by ordinance.

NO

A “No” vote opposes the changes within this proposal. The Charter currently does not require regional representation on the Maui Planning Commission. The Charter also currently defines the geographic limits of the County to exclude the area known as Kalaupapa, Molokai, which is currently in Kalawao County.

County Auditor’s Financial Impact Analysis on Commission Proposal 4 Planning Commissions and Community Plan Updates: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT PROPOSAL 5

(1) Require interactive remote communications with the public during Council meetings; (2) allow access to County records; and (3) remove time and place requirements for Council’s organizational meeting.

Ballot question

MAUI Proposal 5: Council organizational meeting, remote access, government records

Shall the Charter be amended to:

1. Require remote communications during County Council meetings between the Council and members of the public located in Hāna, Molokai, and other geographic areas, in accordance with State law;
2. Require County employees to facilitate access to County records and minimize fees and charges; and
3. Provide discretion in determining the day, time, and venue of the County Council’s organizational meeting?

MAUI Singasing 5: Miting organisasional ti Konseho, pannakikomunikar uray adda iti adayo, dagiti rekord ti gobierno

Ti kadi Charter maamendaran tapno:

1. Ibilinna ti pannakikomunikar uray adda iti adayo bayat dagiti miting ti Konseho ti Ili iti nagbaetan ti Konseho ken dagiti kameng ti publiko nga adda iti Hāna, Lāna‘i, Molokai, ken dadduma a lugar heograpika, kas mayayon iti linteg ti Estado;
2. Ibilinna kadagiti empleado ti Ili tapno mapalaka ti pannakalukat dagiti rekord ti Ili ken tapno maikabassit dagiti taripa ken dagiti bayadan; ken
3. Maipaay ti nalawlawa a panagikeddeng iti no ania nga aldaw, oras, ken lugar a pakaangayan ti miting organisasional ti Konseho ti Ili?

What your vote means

YES

A “Yes” vote favors making three changes to the Charter: (1) The Council would be required to provide interactive communications with the public in Hāna, Lāna‘i, Molokai, and other geographic areas to council meetings and council committee meetings. (2) County employees would be required to facilitate access to County records and minimize charged to the public that make requests for County records. (3) Council would be able to determine the time and place of its organizational meeting to elect their officers. Currently, the charter requires Council meet for its organizational meeting in the council room at the county building at 2 p.m. on the second day of January following the election.

NO

A “No” vote favors keeping the current legal requirements in place. Specifically: (1) the Council would be required to provide members of the public with remote communications but only to the extent required by state law. The current charter also requires that, to the extent capable, Council provide interactive fees communications access for the residents of Hāna, Molokai. (2) County employees would be required to provide access to public records, in accordance with state law. (3) Council would continue to be required to hold their organizational meeting in the County building at 2 p.m. on the second day of January following the election.

County Auditor’s Financial Impact Analysis on Commission Proposal 5 Council organizational meeting, remote access, government records: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT PROPOSAL 6

Remove the cap on penalties for violations of law so that they may be set by ordinance.

Ballot question

MAUI Proposal 6: Fines and penalties Shall the Charter be amended to remove the cap on penalties for violations of the law so that they will be set by ordinance?

MAUI Singasing 6: Dagiti Multa ken Dagiti Dusa

Ti kadi Charter ket maamendaran tapno maikkat ri pagpatinggaan dagiti mabalin a maipataw a dusa para kadagiti panaglabsing iti linteg tapno bay-an a ti ordinansa ti mangituyang iti daytoy?

What your vote means

YES

The Charter includes a cap on the punishments that may be provided in law for violations of rules or ordinances. The cap is set to $1,000 per day for each day of the violation and 1 year’s imprisonment, or both; except that penalties for the operation of transient accommodations cannot exceed a $20,000 plus $10,000 per day the unlawful operation persists. A “Yes” vote would remove these caps and allow the Council to set punishments by ordinance.

NO

A “No” vote opposes the removal of the cap on penalties and supports keeping the caps as they are currently provided for in the Charter.

County Auditor’s Financial Impact Analysis on Commission Proposal 6 Fines and penalties: Additional Annual Financial Impact of < $25,000

CHARTER AMENDMENT PROPOSAL 7

Limit the powers of the Mayor to appoint administrative department heads.

Ballot question

MAUI Proposal 7: Administrative department heads Shall the Charter be amended to require an administrative head nominated by the Mayor to immediately vacate office if denied appointment by the Council, and to prohibit a letter of resignation as a condition of appointment for an administrative head?

MAUI Singasing 7: Dagiti pangulo administratibo dagiti departamento Ti kadi Charter maamendaran tapno maibilin a ti pangulo administratibo nga innominar ti Mayor ket bakanteanna a dagus ti opisinana no ti pannakadutokna ket imbasura ti Konseho, ket tapno maipawil ti surat ti panaglusulos a kas kondision iti pannakadutok ti pangulo administratibo?

What your vote means

YES

A “Yes” vote favors limiting the powers of the Mayor to appoint administrative department heads by (1) requiring an administrative head nominated by the Mayor to vacate office if denied appointment by the Council, and (2) prohibiting the Mayor from requiring a candidate for the head of an administrative department to submit a letter of resignation as a condition of appointment.

NO

A “No” vote favors keeping the powers of the Mayor to appoint administrative heads as is currently detailed in the Charter.

County Auditor’s Financial Impact Analysis on Commission Proposal 7 Administrative department heads: Additional Annual Financial Impact of < $25,000

CHARTER AMENDMENT PROPOSAL 8

(1) Authorize the County Clerk to update the Charter and (2) prohibit the County Clerk and Deputy County Clerk from actively participating in political campaigns.

Ballot question

MAUI Proposal 8: County Clerk

Shall the Charter be amended to authorize the County Clerk to update the Charter in compliance with law, clarify the County Clerk’s other duties, and to prohibit the County Clerk and Deputy County Clerk from actively participating in political management or campaigns for Federal, State, or County elective office?

MAUI Singasing 8: Klerk ti Ili

Ti kadi Charter maamendaran tapno mapalubosan ti Klerk ti Ili a mangpalinis iti Charter kas sagudayen ti linteg, malawlawagan dagiti dadduma pay a pagrebbengan ti Klerk ti Ili, ken mapawilan ti Klerk ti Ili ken ti Katulongan a Klerk ti Ili iti aktibo a pannakipartisiparda iti pannakaimaton ti politika wenno dagiti kampania para kadagiti elektibo a takem iti Pederal, Estado, ken Ili?

What your vote means

YES

A “Yes” vote favors adding an additional duty to the powers, duties, and functions of the County Clerk: The Clerk will have the power to update the Charter to correct non-substantive errors, in compliance with the law, and subject to the approval of the Corporation Counsel and a majority of Council. The Clerk and Deputy Clerk would also be banned from taking an active part in political management or political campaigns for any elected office.

NO

A “No” vote supports not giving the County Clerk the power to correct non-substantive errors in the charter. A “No” vote also opposes any Charter-mandated legal restriction on the Clerk or Deputy Clerk taking an active part in political campaigns.

County Auditor’s Financial Impact Analysis on Commission Proposal 8 County Clerk: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT PROPOSAL 9

Require that the Chief of Police submit a written report when the Chief disagrees with the findings of the Police Commission.

Ballot question

MAUI Proposal 9: Police Chief

Shall the Charter be amended to require that the Chief of Police provide a written report to the Police Commission when the Chief disagrees with the Commission’s findings related to the conduct of the department or its members?

MAUI Singasing 9: Hepe ti Polisia

Ti kadi Charter maamendaran tapno maibilin iti Hepe ti Polisia a mangited iti naisurat a report iti Komision ti Polisia no ti Hepe ket dina anamongan dagiti takuat ti Komision mainaig iti panagtrabaho ti departamento wenno dagiti kamengna?

What your vote means

YES

One of the powers of the Police Commission is to receive and investigate charges brought by the public against the conduct of the Police Department or any department employees. The Police Commission issues a written report to the Chief of Police for the Chief’s disposition. A “Yes” vote supports adding additional language which requires that if the Chief of Police disagrees with the findings of the Police Commission, the Chief must submit the reasons in writing to the Police Commission. It also requires that a summary of the charges filed and their disposition be included in the Commission’s annual report.

NO

A “No” vote opposes adding a requirement that the Police Chief submits a written report to the Police Commission if the Chief disagrees with any of the Commission’s findings. A “No” vote also opposes adding a requirement to the Charter that the Police Commission issue an annual report regarding the summary of charges filed with the Commission against the Police Department and disposition of the charges.

County Auditor’s Financial Impact Analysis on Commission Proposal 9 Police Chief: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT PROPOSAL 9A

Council’s Alternative 9A: Require that the Chief of Police submit a written report when the Chief disagrees with the findings of the Police Commission, upon the Police Commission’s Request.

Ballot question

MAUI Proposal 9A: Council’s Alternative to Proposal 9; Police Chief

Shall the Charter be amended with Council’s alternative 9A to require that the Chief of Police inform the Police Commission when the Chief disagrees with the Commission’s findings related to the conduct of the police department or its members, and upon the Commission’s request, provide a written report?

MAUI Singasing 9A: Ti Alternatibo ti Konseho iti Singasing 9; Hepe ti Polisia

Ti kadi Charter maamendaran babaen ti Alternatibo 9A ti Konseho tapno maibilin iti Hepe ti Polisia a mangimpormar iti Komision ti Polisia no ti Hepe ket dina anamongan dagiti takuat ti Komision maipanggep iti panagtrabaho ti departamento wenno dagiti kamengna, ken iti kanito a kiddawen ti Komision, a mangited iti naisurat a report?

What your vote means

YES

One of the powers of the Police Commission is to receive and investigate charges brought by the public against the conduct of the Police Department or any department employees. The Police Commission issues a written report to the Chief of Police for the Chief’s disposition. A “Yes” vote supports adding additional language which requires that if the Chief of Police disagrees with the findings of the Police Commission, the Chief must submit the reasons in writing to the Police Commission upon the Police Commission’s request. It also requires that a summary of the charges filed and their disposition be included in the Commission’s annual report.

NO

A “No” vote opposes adding a requirement that the Police Chief submits a written report to the Police Commission, upon the Commission’s request, if the Chief disagrees with any of the Commission’s findings. A “No” vote also opposes adding a requirement to the Charter that the Police Commission issue an annual report regarding the summary of charges filed with the Commission against the Police Department and their disposition.

County Auditor’s Financial Impact Analysis on Council Alternative Proposal 9A Alternative to Proposal 9; Police Chief: Additional Annual Financial Impact of < $25,000

How Council’s Alternative 9A differs from the Commission’s Proposal 9:

The Council has proposed an alternative to Proposal 9. Council’s alternative 9A would only require the Chief of Police to submit, in writing, the reasons the Chief disagrees with the Police

Commission’s findings if requested by the Police Commission.

CHARTER AMENDMENT PROPOSAL 10

Create an Independent Nomination Board to recruit, evaluate, and recommend individuals for County boards, commissions, and the positions of County Clerk, Auditor, Corporation Counsel, and Prosecuting Attorney.

Ballot question

MAUI Proposal 10: Independent Nomination Board

Shall the Charter be amended, effective July 1, 2023, to:

1. Create a 9-member Independent Nomination Board, with its membership appointed by the Mayor and approved by Council, to recruit, evaluate, and nominate individuals for County boards, commissions, and the positions of the County Clerk, Auditor, Corporation Counsel, and Prosecuting Attorney;
2. Eliminate the prohibition on paying board and commission members;
3. Set the County Clerk’s term at 6 years;
4. Eliminate the requirement that no more than a bare majority of a board or commission may belong to the same political party; and
5. Stagger the membership of new boards so that five members would serve 3-year terms and four members would serve 2-year terms and provide that board members serving for an initial term of less than 3 years may be reappointed to a full term on the same board?

MAUI Singasing 10: Independiente a Hunta ti Nominasion Ti kadi Charter maamendaran, epektibo iti Hulio 1, 2023, tapno:

1. Mangparnuay iti 9-a-kameng ti Independiente a Hunta ti Nominasion, a dagiti kamengna ket dutokan ti Mayor babaen ti panangaprobar ti Konseho, tapno agrekrut, agebaluar, ken aginominar kadagiti indibidual para kadagiti hunta ti ili, kadagiti komision, ken kadagiti posision ti Klerk ti Ili, Auditor, Abogado ti Korporasion, ken Piskal;
2. Ikkatenna ti pannakaipawil ti pannakabayad ti hunta ken dagiti kameng ti komision;
3. Itudingna a ti termino ti Klerk ti Ili ket 6 a tawen;
4. Ikkatenna ti rekisito a di ad-adu ngem iti apagmayoridad ti hunta ti komision ket mabalin nga aggapuda iti isu met laeng a partido politikal; ken
5. Masagsaganad ti panagkameng dagiti baro a hunta tapno dagiti lima a kameng ket agserbida iti 3-tawen a termino ken dagiti uppat a kameng ket agserbida iti 2-tawen a termino ken maituding a dagiti kameng ti hunta nga agpaay iti para iti inisial wenno rugi a termino a di nakurkurang ngem 3 a tawen ket mabalin a madutokan manen para iti naan-anay a termino iti isu met laeng a hunta?

What your vote means

YES

A “Yes” vote supports the creation of a 9-member board, appointed by the Mayor and approved by the Council, to recruit, evaluate, and recommend individuals for County boards and commissions and 4 County positions: Clerk, Auditor, Corporation Counsel, and Prosecuting Attorney. The amendment also eliminates the prohibition against paying board and commission members; eliminates the prohibition against appointing more than a bare majority of members on any board or commission that belong to the same political party; sets the Clerk’s term at 6 years; and staggers membership for new boards so 5 members would serve 3-year terms and 4 members would serve 2-year terms.

NO

A “No” vote opposes the creation of a new Independent Nomination Board, and would allow the appointing authority (the Mayor or Council) to recruit and evaluate applicants for boards and commissions and County offices on their own. A “No” vote also supports retaining: (1) the prohibition on paying board and commission members; (2) the prohibition against appointing more than a bare majority of members on any board or commission that belong to the same political party; and (3) the current method of staggering the membership of new boards and commissions. A “No” vote also opposes setting a specific term for the County Clerk; none is provided for in the current Charter.

County Auditor’s Financial Impact Analysis on Commission Proposal 10 Independent Nomination Board: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT ALTERNATIVE 10A

Council’s Alternative 10A: Create an Independent Nomination Board of 11 members, 2 appointed by the Mayor without Council approval and 9 appointed by the Council without Mayoral approval, to recruit, evaluate, and nominate individuals for County boards, commissions, and the positions of Corporation Counsel and Prosecuting Attorney.

Ballot question

MAUI Proposal 10A: Council’s Alternative to Proposal 10; makeup of Independent Nomination Board

Shall the Charter be amended with Council’s alternative No. 10A to:

1. Create an 11-member Independent Nomination Board, with 2 members appointed by the Mayor without Council approval and 9 members appointed by Council without Mayoral approval and, to recruit, evaluate, and nominate individuals for the positions of the Corporation Counsel and Prosecuting Attorney and County boards and commissions;
2. Eliminate the requirement that no more than a bare majority of a board or commission may belong to the same political party;
3. Remove the prohibition on paying board and commission members; and
4. Stagger the membership of new boards and commissions so that five members would serve 3-year terms and four members would serve 2-year terms and provide that board members serving for an initial term of less than 3 years may be reappointed to a full term on the same board or commission?

MAUI Singasing 10A: Ti Alternatibo ti Konseho iti Singasing 10; pannakabukel ti Independiente a Hunta ti Nominasion

Ti kadi Charter maamendaran babaen ti Alternatibo Blng. 10A tapno:

1. Mangparnuay iti 11-ti-kamengna nga Independiente a Hunta ti Nominasion, a ti dua a kamengna ket dutokan ti mayor a saan a kasapulan ti panangaprobar ti Konseho ken 9 a kameng ti dutokan ti Konseho a saan a kasapulan ti panangaprobar ti Mayor ken, tapno agrekrut, agebaluar, ken aginominar kadagiti indibidual para kadagiti hunta ti ili, kadagiti komision, ken kadagiti posision ti Abogado ti Korporasion, ken Piskal ken kadagiti hunta ken komision ti Ili;
2. Ikkatenna ti rekisito a ti apagmayoridad ti hunta wenno komision ket mabalin nga aggapuda iti isu met laeng a partido politikal;
3. Ikkatenna ti pannakaipawil ti pannakabayad dagiti kameng ti hunta ken dagiti kameng ti komision; ken
4. Masagsaganad ti panagkameng dagiti baro a hunta ken komision tapno dagiti lima a kameng ket agserbida iti 3-tawen a termino ken dagiti uppat a kameng ket agserbida iti 2-tawen a termino ken maituding a dagiti kameng ti hunta nga agpaay iti para iti inisial wenno rugi a termino a di nakurkurang ngem 3 a tawen ket mabalin a madutokan manen para iti naan-anay termino iti isu met laeng a hunta wenno komision?

What your vote means

YES

A “Yes” vote supports the creation of an 11- member board, 2 appointed by the Mayor, without Council approval, and 9 appointed by Council without Mayoral approval, to recruit, evaluate, and recommend individuals for county boards and commissions and Corporation Counsel, and Prosecuting Attorney. The amendment also eliminates the prohibition against paying board and commission members: eliminates the prohibition against appointing more than a bare majority of members belong to the same political party; sets the Clerk’s term at 6 years; and staggers membership for new boards.

NO

A “No” vote opposes the creation of an 11- member Independent Nomination Board, and would allow the appointing authority (the Mayor or Council) to recruit and evaluate applicants for boards and commissions and County offices on their own. A “No” vote also supports retaining:(1) the prohibition on paying board and commission members; (2) the prohibition against appointing more than a bare majority of members on any board or commission that belong to the same political party; and (3) the current method of staggering the membership on any board or commission that of new boards and commissions. A “No” vote also opposes setting a specific term for the County Clerk; none is provided for in the current Charter.

County Auditor’s Financial Impact Analysis on Council Alternative Proposal 10A Alternative to Proposal 10; makeup of Independent Nomination Board: Additional Annual Financial Impact of < $100,000

How Council’s Alternative 10A differs from the Commission’s Proposal 10:

The Council has proposed an alternative to Proposal 10. Council’s alternative differs from the Commission’s proposal in three major ways:

1. Council’s alternative creates an 11-member Independent Nomination Board, with 9 members appointed by Council, without Mayoral approval, and 2 appointed by the Mayor, without Council approval.
2. Council’s alternative would not require that the Auditor and County Clerk be vetted and recommended by the Independent Nomination Board.
3. The Commission’s proposed amendment would take effect on July 1, 2023, to allow time for the appointment of the members of the Independent Nomination Board. Council’s alternative would take effect as soon as the vote for the amendment was certified.

CHARTER AMENDMENT PROPOSAL 11

Require the County Auditor to assess the impacts of proposed charter amendments on County taxation and spending.

Ballot question

MAUI Proposal 11: Impacts of Charter amendments on County taxation and spending

Shall the Charter be amended to require that the County Auditor assess the impacts of proposed charter amendments on County taxation and spending?

MAUI Singasing 11: Dagiti ibunga ti enmienda ti Charter maipanggep iti panagbuis ken gastos ti ili

Ti kadi Charter ket maamendaran tapno maibilin iti Auditor ti Ili nga amirisenna dagiti ibunga dagiti enmienda ti Charter maipanggep kadagiti panagbuis ken gastos ti ili?

What your vote means

YES

A “Yes” vote is in favor of requiring the County Auditor to assess the impacts of any charter amendments on County taxation and County spending, whether those amendments are proposed by the public, the Charter Commission, or Council.

NO

A “No” vote supports not including any Charter-mandated requirement that the auditor assess the financial impact of any proposed charter amendment. The auditor would still have the legal power to assess the fiscal impacts of proposed charter amendments either by request or on the auditor’s own initiative.

County Auditor’s Financial Impact Analysis on Commission Proposal 11 Impacts of Charter amendments on County taxation and spending: Additional Annual Financial Impact of < $100,000

CHARTER AMENDMENT PROPOSAL 12

Ballot question

Council Proposal 12: Maui County Community Water Authorities

Shall the Charter be amended to establish Maui County Community Water Authorities with regional community boards to manage water collection and delivery systems acquired by the Water Authorities, including State license areas in East Maui, and to pursue long-term water lease agreements with the State to provide a long-term reliable supply of water for domestic and agricultural needs?

County Auditor’s Financial Impact Analysis on Council Proposal 12 Maui County Community Water Authorities: Additional Annual Financial Impact of Unknown

CHARTER AMENDMENT PROPOSAL 13

Ballot question

Council Proposal 13: Promoting Climate Change Adaptation

Shall the Charter be amended, effective January 2, 2023, to establish a County policy to promote climate change adaptation, including by implementing guidelines to allow certain County employees to telework and have alternative work schedules?

County Auditor’s Financial Impact Analysis on Council Proposal 13 Promoting Climate Change Adaptation: Additional Annual Financial Impact of < $100,000

So there you have it. Keep in mind that with Charter amendments, there is a unique way to determine whether it passes, as explained by the Maui County Charter Commission: Any proposition receiving a majority of the votes cast will be considered approved by the voters. If a proposed charter amendment and a proposed alternative both receive a majority of votes cast, the proposition receiving the larger majority shall supersede the proposition with the smaller majority. Please note that answers to any proposed question left blank or with both yes and no marked will not be counted in determining the majority of votes.”

Again, every vote counts!

Alfredo G. Evangelista is a graduate of Maui High School (1976), the University of Southern California (1980), and the University of California at Los Angeles School of Law (1983). He is a sole practitioner at Law Offices of Alfredo Evangelista, A Limited Liability Law Company, concentrating in estate planning, business start-up and consultation, nonprofit corporations, and litigation. He has been practicing law for 39 years (since 1983) and returned home in 2010 to be with his family and to marry his high school sweetheart, the former Basilia Tumacder Idica.