Citing a missed deadline by Mayor Richard Bissen, the committee decided to select its own nominees for government panels. Some question the authority to do so.
A Maui County Council committee has decided to make its own nominations for a slew of boards and commission after it said Mayor Richard Bissen missed a deadline to submit his.
In a meeting Friday of the Government Relations, Ethics and Transparency Committee, Chair Nohelani U’u-Hodgins said Bissen missed the deadline to submit his nominations by one day.
The nominations were due by Jan. 31. The mayor’s letter was dated Jan. 31, but the clerk’s office did not receive it until the morning of Feb. 1. Therefore, U’u-Hodgins said her committee has the purview to reopen the process and handle the matter itself.
“We’re starting from scratch,” U’u-Hodgins said at the meeting.
U’u-Hodgins cited a provision of law that says the council must receive nominations to boards and commission at least 60 days prior to the terms expiring. This year, members’ terms expire on March 31.
Since the nominations came in 59 days prior to the terms expiring rather than the required 60, U’u-Hodgins said the GREAT Committee will take over.
“Our goal is to work with community members and cultivate a diverse set of skills and experiences to best serve Maui County,” Uʻu-Hodgins said in a news release. “Civic engagement is a critical need when it comes to troubleshooting community issues, and volunteering for a board or commission is a great way to participate.”
Last year, the mayor’s letter with a list of nominees was also dated Jan. 31. It was transmitted to the clerk’s office the same day so the 60-day deadline was met, said County Council Chair Alice Lee.
The mayor’s nomination’s list this year contained some 40 names of citizens who would serve on 22 boards, committees and commissions. The bodies often make consequential decisions that affect development, property taxes, ethics in government, infrastructure, liquor licenses, fire and public safety matters, water supply, aging and cost of government. It can be tough to find enough qualified applicants to fill the roles.
The mayor’s office didn’t respond to an email seeking comment.
“We’re starting from scratch.”
Council committee chair Nohelani U’u-Hodgins
Under the Government Relations, Ethics and Transparency Committee’s process, anyone interested in serving on a board or commission must complete and submit their application by noon on Feb. 29. The applications will be discussed in the committee’s next meeting on March 12.
The full County Council, which must ultimately approve the nominations, will take up the matter during its March 22 meeting.
Applicants will be asked to indicate, in order of priority, the boards or commissions they are interested in serving on.
Carol Lee Kamekona was nominated by Bissen for a seat on the Cultural Resources Commission and said she was surprised by U’u-Hodgins’ decision and questioned her interpretation of a missed deadline.
“What gave her that authority?” Kamekona asked.
It could be that the nomination list was sent prior to midnight on Jan. 31, but the clerk’s office didn’t see it until 8 a.m. the next morning, and there was no missed deadline, Kamekona said.
During Friday’s meeting, council member Yuki Lei Sugimura asked U’u-Hodgins if people nominated by Bissen will still be considered for open seats on the boards, committees and commissions.
“If you would like to reach out to them, yes,” U’u-Hodgins responded.
Sugimura said that wasn’t the council’s responsibility.
“If you would like to reach out to the mayor’s nominees and see if they’re happy to reapply through the council’s process, you’re welcome to do so,” U’u-Hodgins replied
Council member Keani Rawlins-Ferandez, who represents Molokai, said this marks the first time the committee has taken on what she called a process of “mass nominations.”
“I love it,” she said, calling U’u-Hodgins’ proposal “great.”
When Maui County voters went to the polls in November 2022, they decided to amend the county charter by creating an independent nominating board charged with coming up with a list of nominees based more on merit than politics.
Longtime Maui political observer Dick Mayer said the board was slow in getting established and was furthered delayed because of the Aug. 8 wildfires.
He expressed surprise that U’u-Hodgins had decided to reopen the nominations process based on a one-day missed deadline.
“That was an arbitrary decision she made. She could have waived that and said ‘I know he’s been busy with the fire and we’ll now work with this list,’” Mayer said.
It’s unclear why the committee chair chose to reopen the process especially during a busy period for council members who are contending with a range of issues related to the wildfires, thousands of displaced residents and a budget season starting on March 25 when Bissen will transmit his proposed fiscal year 2025 business, Mayer added.
U’u-Hodgins was at a housing conference on the mainland on Monday, according to the Office of Council Services. She could not be reached for comment.
Lee said the deadline is written in statute and the committee didn’t have the discretion to make an exception.
“There’s nothing sinister about this” she said by phone. “This is a new chair and she thought it might a good idea for the rest of us to be more involved in nominating.”
She also described it as a “reaction to the mayor missing the deadline.”
Lee said it’s a lot of work to find a whole new list of people and she doesn’t plan to recruit anyone.
“That was an arbitrary decision she made.”
Maui political observer Dick Mayer
Former council member Kelly King questioned the motivation behind Friday’s move to reopen the nomination process and said it raises a lot of questions.
“What do they want to do, hand pick these people themselves?” King said.
Attorney Lance Collins said it’s unfortunate that the boards and commissions nomination process this year has not gone smoothly especially after citizens passed a charter amendment in favor of strengthening the process. The nine-member commission was supposed to be established and functioning by July 1, 2023.
“The will of the voters is being frustrated,” said Collins, who chaired the Maui County Charter Commission for a time.
As a practical matter, Collins said he thinks reopening the process is going to discourage people from volunteering to be on boards. In his view, why would anyone take the time to fill out applications to volunteer their time only to be told they need to reapply.
“It’s very likely going to cause problems for all these boards that have vacancies and are probably going to have vacancies for quite a while now,” he said.
Kamekona said she’s not sure if she’ll reapply to serve on the Cultural Resources Commission.
“Something is seriously not right with this whole situation,” she said.
Civil Beat’s coverage of Maui County is supported in part by grants from the Nuestro Futuro Foundation.
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