County Charter interpretation key to council term-limits test

Challenge decision pending public disclosure from Maui County Clerk

Does a sentence in the Maui County Charter governing County Council members' term limits cap them at five consecutive terms, period? Or, does it allow veteran council members to sit out for at least a two-year term and then seek election again?

Those questions are pending before Maui County Clerk Danny Mateo as he weighs a challenge filed Tuesday by Haiku resident Sean Lester, who points to the sentence as grounds to disqualify three candidates who've each served five consecutive two-year terms on the council: Riki Hokama from 1999 to 2008; Mike Molina from 2001 to 2010; and Alice Lee from 1989 to 1998.

The sentence reads: "No member of the County Council shall serve more than five consecutive full terms of office."

On Friday, Molina, who is in a three-way race for his former Makawao-Haiku-Paia council seat, produced a couple of pages from a 1992 Charter Commission report to show that former council members could seek election after a lapse of at least one term.

The report section addressing "terms of council members" shows the commission considered and rejected expanding council terms from two to four years, but the panel "found merit in the recommendation that a limitation be placed on the number of consecutive terms that a council member can serve."

"The limitation . . . will provide expanded opportunities for participation in government," the report says. "Under the recommended change, a council member would be prohibited from running for a council seat after five consecutive terms but could run again after the lapse of at least one term."

The Charter Commission report was issued six years before county voters approved an amendment for term limits in 1998.

In his response to Lester's challenge, Molina said he supports the creation of term limits, which allow "for new minds and fresh ideas to be incorporated into the decision-making process."

"Term limits allow more opportunities for a variety of leadership in the community," he added. "Term limits open the door for younger individuals to get involved and brings new talent to the table."

However, given the 1992 Charter Commission report, Molina said he believes the commission "fully vetted the question of council members seeking re-election after the lapse of at least one term."

"My seeking election to the Paia-Makawao-Haiku council seat after a break in service is consistent with the intent of the Charter Commission recommendation," he said.

On Friday, Lester said that, regardless of how Mateo rules on his challenge of the council candidates, the question of term limits should be settled.

Perhaps it is time for a charter amendment, he said, "and let the people vote on whether they want this to be a revolving-door process or not."

Lester noted, for example, that the late Council Member Goro Hokama of Lanai, Riki Hokama's father, served for decades on the council. (Hokama served for 41 years, beginning in 1954. Sixteen years of his service were as council chairman.)

The 1992 Charter Commission report was issued 26 years ago, and much has changed in Maui County and in county government in that time, he said. For example, the Hawaiian Commercial & Sugar Co. plantation shut down at the end of 2016, and the size of county government has increased dramatically.

And, now the time is ripe to ask voters about council term limits, he said.

"Do we want career politicians for 10, 20 or 40 years?" Lester asked. "One way or another we need to have this discussion."

Molina said he's best known for introducing a ban on plastic shopping bags that went into effect in 2010. Maui County was the first in the state to impose such a prohibition on single-use plastic bags, and now all counties have some version of the measure, he said.

"This groundbreaking legislation has made a valuable impact on Maui's beaches, parks and roadways," Molina said. "No more do you see plastic bags flying in the wind, hanging on trees or polluting the ocean."

He also took credit for legislation helping first-time homebuyers, establishing an affordable housing fund, increasing pedestrian safety zones around schools and introducing a measure to allow an affordable ohana unit for low-income residents to be built by property owners with less than 7,500 square feet of land.

Molina said he believes his experience and knowledge of the functioning of county government could help him "continue to lead Maui County in a positive direction."

Molina is seeking the council seat being vacated by council Chairman Mike White, who's not seeking re-election. Molina's opponents are Adam Borowiec and Trinette Furtado.

Lee is seeking the Wailuku-Waihee-Waikapu council seat held by freshman Council Member Alika Atay. And, Hokama is running for a second fifth consecutive term to the Lanai residency seat and faces a challenge from Gabe Johnson.

* Brian Perry can be reached at bperry@mauinews.com.