The Maui Pono Network

 

Maui county 2020

charter amendments

 

2020 Charter Amendments

Why amend Maui County’s charter?

The charter establishes the organizational structure of the county’s legislative and executive branches, how the county is governed, how legislation is adopted, financial and ethics procedures and how to amend the charter.

It is a living document. When conditions warrant change and the voters agree, the charter is amended to reflect those changes.

It has been that way since the first charter was adopted by Maui County voters in 1967. Much remains from that first charter in our current charter, which was adopted in 1982 and amended almost every election cycle between 1984 and 2018.

The charter requires a mandatory review every 10 years by an 11-member charter commission. Presently appointed by the mayor and approved by the council, this charter process is being revised if #5 passes. We are due for another review starting in 2021.

Charter amendments can be started by council resolution or by petition to the council or the county clerk. The requirements of each method are detailed in Article 14, “Charter Amendment.”

Council-initiated amendments require two readings and a super-majority vote by six councilmembers to place the matter on the election ballot. These recent Council-initiated charter amendments are authored by three Ohana incumbents: Kelly King, Shane Sinenci, and Keani Rawlins Fernandez.

 

Kelly King – Maui County Council

 was live:  Understanding the Charter Amendments

 

With Shane Sinenci and Keani Rawlins Fernandez

 

 

 

 

 

 

 

 

 

 

#1 Extend the Affordable Housing Fund

This will make this needed fund available in perpetuity.  It will also increase the funds received form 2% to 3% of the certified real property tax revenues, which for 2020 is based on $51.28 Billion in taxable real property for Maui County.

Ballot Question:

“Shall the Charter be amended to require that a minimum percentage of the certified real property tax revenues be appropriated into an affordable housing fund beyond Fiscal Year 2021, to be used for the provision, protection, and expansion of affordable housing and suitable living environments; and to increase the minimum required percentage from 2 percent to 3 percent of the certified real property tax revenues, effective July 1, 2021?”

 

Resolution 20-59, “PROPOSING AN AMENDMENT TO SECTION 9-20 OF THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO THE AFFORDABLE HOUSING FUND

#2 Hire a Professional Managing Director

Most Counties throughout the United States have adopted this professional manger structure. This does not involve an additional paid position, it changes the position which already exists. It does allow a top qualified professional to run county operations and manage the departments without political agendas or favoritism.

Presently the mayor selects the position and oversees the managers and all county operations. Historically this has been a major source of cronyism, low standards, political appointments to critical departments, and departments functioning in isolated silos.

By voting yes, we will have a top-notch manager running our county without political ties. The appointment would be made by the citizens, council members and the mayor. It will raise the bar of professionalism, have advancement be more tied to performance, support all departments to work together as teams, provide greater transparency, increase efficiency and save money.

Learn more about how the Managing Director Charter Amendment will benefit our community:   https://mauimanagingdirector.com/

Articles:

Ballot Question:

“Shall the Charter be amended, effective January 2, 2023, to reorganize the executive branch for the County of Maui to establish an Office of the Managing Director, wherein a Managing Director, hired by the Mayor through a recruitment and selection process involving the Mayor, Council Chair, and a three-member citizen group, shall function as the County’s chief operating officer responsible for the County’s daily operations, the appointment and removal of most department heads, and the implementation of County policy; the Mayor shall be the County’s chief executive officer responsible for supervising the managing director’s work, representing the County in intergovernmental affairs, having the authority to approve or veto bills, nominating board and commission members, and enforcing provisions of the Charter, County ordinances, and all applicable laws; and authorizing various housekeeping revisions?”

Resolution 20-60, Draft 1, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO REORGANIZE THE EXECUTIVE BRANCH TO ESTABLISH AN OFFICE OF THE MANAGING DIRECTOR AND PROVIDE FOR THE APPOINTMENT OF THE MANAGING DIRECTOR AS THE COUNTY;S CHIEF OPERATING OFFICER

#3 Stricter term limits for Council Members

Establish stricter term limits for council members by limiting the number of terms a person may serve to five two-year terms.  Presently, County Council members Ricki Hokama, Alice Lee, and Mike Molina have exceeded the proposed term limit. However, this is not retroactive, it will only apply going forward.

Ballot Question:

“Shall the Charter be amended to establish stricter term limits for Council members by limiting the number of terms a person may serve as a Council member to five full terms?”

Resolution 20-98, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO ESTABLISH STRICTER TERM LIMITS FOR COUNCIL MEMBERS

#4 Provide judicial action to resolve Charter conflicts

Establish standards for interpreting and complying with the charter, including requiring judicial action to be filed within 30 days to seek clarity when a conflict in the interpretation of the charter is raised.  This conflict arose twice, with the injection well case and the disagreement with the Mayor on department appointments. This will allow greater representation for the people.

Ballot Question:

“Shall the Charter be amended, effective January 2, 2021, to establish standards for interpreting and complying with the Charter, including by requiring a viable judicial action to be filed within 30 days to seek clarity when a conflict in the interpretation of the Charter is identified?

Resolution 20-99, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO CONFLICTING INTERPRETATIONS OF THE CHARTER

#5 Council appoints 9 of 11 Charter Commissioners

The charter establishes Maui County’s organizational structure of the county’s legislative and executive branches and how the county is governed. It is the legal foundation involving all matters of Maui County’s Laws. Its importance cannot be overemphasized. It is too important to leave this decision with one elected position, that in the past has been prone to cronyism. 

This Charter Amendment authorizes the council to appoint nine members and the mayor to appoint two members of the 11-member Charter Commission.  The nine-member council will appoint nine of the Charter Commission’s 11 members. The Charter Commission will convene by March 1, 2021, for the purpose of comprehensively reviewing and revising our Charter Amendment.

Ballot Question:

“Shall the Charter be amended, effective January 2, 2021, to authorize the Council to appoint nine members and the Mayor to appoint two members of the 11-member Charter Commission, which is required to study and review the operation of the County government?”

Resolution 20-100, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO CHARTER COMMISSION”

#6 Stricter term limits for the Mayor

Establish stricter term limits for the mayor by limiting the number of terms a person may serve as mayor to two full four-year terms making a maximum of 8 years a person can occupy this seat. This will end practices of the past like our previous Mayor who served for 16 years.

Ballot Question:

“Shall the Charter be amended to establish stricter term limits for the Mayor by limiting the number of terms a person may serve as Mayor to two full terms?”

Resolution 20-101, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO ESTABLISH STRICTER TERM LIMITS FOR THE MAYOR

#7 Establish a Maui County Department of Agriculture

Establish a separate department focused on agriculture to reduce the County’s dependence on imported food, promote food sustainability and resiliency and boost economic growth in the agricultural sector. It would ease regulatory hurdles, form a cooperative support, further develop local food hubs, and apply for agriculture grants. It would be a boon for small and mid-size farms.

Learn more at:  https://www.mauifoodsecuritynow.com/

 

Ballot Question:

“Shall the Charter be amended, effective July 1, 2022, to establish a Department of Agriculture to develop a sustainable regional agricultural system for Maui County?”

Resolution 20-102, “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO ESTABLISHING A DEPARTMENT OF AGRICULTURE”

 

~ Vote YES on all 7 Charter Amendments ~

 

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GENERAL ELECTION

November 3rd

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* Remember to vote for all 7 ‘Ohana Candidates –  All voters can vote for County Council candidates in all Districts, regardless of where you live in Maui County!

Voters begin to receive General Election mail ballot packet:
Oct 14

VOTER SERVICE CENTERS

Voter service centers provide accessible in-person voting, same day voter registration, and collection of voted ballots. Voter service centers open ten business days prior to the election and on Election Day.

DATES AND HOURS OF OPERATION:

October 20, 2020 – November 2, 2020
Monday through Saturday, excluding Sundays
8:00 a.m. to 4:30 p.m.

November 3, 2020
7:00 a.m. to 7:00 pm

LOCATIONS:

Lanai Police Station
Conference Room

855 Fraser Avenue
Lanai City, HI 96763

Mitchell Pauole Center
Conference Room

90 Ainoa Street
Kaunakakai, HI 96748

Velma McWayne Santos Community Center

395 Waena Street
Wailuku, HI 96793

PLACES TO DEPOSIT BALLOTS

Places of deposit are established for voters to drop off their voted mail ballot packet to be collected by the County Elections Division. The locations and hours of operation are subject to change.

HOURS OF OPERATION:

LOCATONS:

General Election

October 27, 2020 through November 3, 2020
7:00 a.m. to 7:00 pm

Aloha Aina Center
810 Kokomo Road
Haiku, HI 96708

General Election
Open 24 hours a day from October 27, 2020
through 7:00 p.m. on November 3, 2020

Haiku Community Center
Hana Highway at Pilialoha Street
Haiku, HI 96708
Hana Fire Station
4655 Hana Highway
Hana, HI 96713
Kahului Fire Station
200 Dairy Road
Kahului, HI 96732
Kalana O Maui
County Building

200 S. High Street
Wailuku, HI 96793
Kihei Fire Station
11 Waimahaihai Street
Kihei, HI 96753
Kula Fire Station
50 Calasa Road
Kula, HI 96790
Lahaina Civic Center
1840 Honoapiilani Highway
Lahaina, HI 96761
Makawao Fire Station
134 Makawao Avenue
Makawao, HI 96768
Napili Fire Station
4950 Hanawai Street
Lahaina, HI 96761
Paia Community Center
252 Hana Highway
Paia, HI 96779
Wailea Fire Station
300 Kilohana Drive
Kihei, HI 96753

General Election
October 20, 2020 through November 2, 2020
Monday through Saturday
8:00 a.m. to 4:30 p.m.

November 3, 2020
7:00 a.m. to 7:00 p.m.

Lanai Police Station
Conference Room
855 Fraser Avenue
Lanai City, HI 96763
Mitchell Pauole Center
Conference Room
90 Ainoa Street
Kaunakakai, HI 96748
Velma McWayne Santos Community Center
395 Waena Street
Wailuku, HI 96793