Proposed Charter Amendments to Reign-in Mayor’s Hiring Entitlement and Allow County Council to Get Legal Advice Independent of Mayor’s Appointed Lawyers.

abuse-of-powerCome testify on Friday Aug 5th to support two proposed Charter Amendments that will have significant impacts on the balance of government in Maui County.
Resolution 16-96  proposes to additionally require council approval of the managing director and the directors of the departments of Finance, Public Works, Parks and Recreation, Planning, Housing and Human Concerns, Transportation and Environmental Management. If the resolution is adopted on second-and-final reading, which requires a yes vote by at least six council members, the proposed charter amendment will be placed on the general election ballot for the public’s consideration.
As noted in Policy and Intergovernmental Affairs Committee Report 16-110 , requiring council concurrence for all of the mayor’s appointments of department directors will “ensure transparency in the appointment process and the appointment of qualified candidates.”
Resolution 16-96 also would allow additional qualifications for department directors to be established in the Maui County Code. As stated in the committee report, “the charter sets forth general qualifications for department directors,” but the committee determined the council should be allowed to “establish more specific qualifications by ordinance.”
If the proposal for council approval of all department heads is endorsed by the public on Nov. 8, it will take effect after the next election for mayor in 2018.

Resolution 16-97, also up for second-and-final reading on Friday, would allow the public to consider giving council staff attorneys the authority to render formal legal opinions to council members. Currently, the Department of the Corporation Counsel, housed in the executive branch and led by a mayoral appointee, employs the only attorneys who are authorized to give legal advice to the council.
Committee Report 16-111 recommended approval of this charter amendment by citing “a need for the council and its members to have ready access to independent legal advice, particularly when there is an actual or potential conflict or disagreement between the executive and legislative branches.”
Taken together, these charter amendments have the potential to establish a more equitable balance of power between the mayor and council.
Resolutions 16-96 and 16-97 were approved on first reading at the July 15 council meeting. A video replay of the meeting is available on demand at

9:00 a.m., in the Council Chamber, located on the 8th floor of the Kalana O Maui Building, 200 S. High St
Wailuku, HI 96793



Leave a Comment