Voters appear to nix professional managing director charter change

County Department of Agriculture is favored

The county amendment to establish a professional county manager system appeared headed to defeat while the other six proposed amendments won favor among voters.

The charter lays out the powers of the council, the mayor and the departments. Every election the council gets to propose changes members feel will clean up the document or close up loopholes, and voters get the final say.

There were seven proposed amendments for this election cycle. Drawing the most attention were the option to create a managing director, establish a new Department of Agriculture and setting term limits.

OFFICE OF MANAGING DIRECTOR

Fifty three percent, or 34,768, in the first printout at about 11 p.m. voted against the amendment to hire a managing director, who would act as chief operating officer of Maui County, be in charge of daily operations, oversee departments and make sure county services run smoothly.

A total of 38.5 percent, or 25,256, voted for the change. There were 8.5 percent, or 5,574, blank votes.

Under the proposal, the mayor would serve as the county's chief executive officer and supervise the managing director's work. The mayor would still represent the county in intergovernmental affairs and have the authority to approve or veto bills, nominate board and commission members and enforce county laws.

Supporters say the system would reduce turnover and take the politics out of county operations by letting a professional manager rather than an elected official pick department heads and handle things like water and trash pickup.

Opponents have argued that it's impossible to take the politics out of government, and that a county manager would take duties away from the mayor and install an unelected official in a high position of power.

DEPARTMENT OF AGRICULTURE

What Maui voters did seek, though, was the creation of a Department of Agriculture. The move, supporters said, would boost food security in Maui County and help local farmers find funding.

Creating the new department received 60.8 percent, or 39,879, affirming votes. Those voting against totaled 33.2 percent, or 21,796. There were 6 percent, or 3,906, blank votes.

The amendment says that a new department won't add more regulatory barriers, but some farmers have worried that's what will happen.

TERM LIMITS FOR MAYOR

Voters also sought to establish term limits for both the mayor and the council members.

While the charter does limit the number of consecutive years an official can serve, candidates can return to office after stepping down for a term, and many have chosen to do so.

Under the charter amendment, the mayor would be restricted to no more than two, four-year terms.

About 66 percent, or 43,368, voted for stricter term limits for the mayor. Twenty eight percent, or 18,388, voted against the measure. There were 5.9 percent, or 3,839, blank votes.

TERM LIMITS FOR COUNCIL MEMBERS

Under the charter amendment, council members would be limited to no more than five, two-year terms.

Results showed that 68.5 percent, or 44,924, voted for the stricter term limits for council members and 25.6 percent, or 16,830, voted against the measure. There were 5.9 percent, or 3,839, blank votes.

The change would not count previous terms against council members, which would allow Council Member Mike Molina and council Chairwoman Alice Lee to continue serving. Molina, who was on his way to reelection Tuesday, already served five terms from 2001 to 2010 before being reelected in 2018. Lee, who ran unopposed, also served five terms from 1989 to 1998 before being reelected in 2018.

AFFORDABLE HOUSING FUND

This amendment calls for increasing the minimum amount of real property tax revenues that go into the affordable housing fund from 2 to 3 percent.

Voters were on their way to approving the measure, with 52.4 percent, or 34,365 voting "yes," and 40.9 percent, or 26,865, voting "no." There were 6.6 percent, or 4,349, blank votes.

The charter currently calls for setting aside property taxes for housing through 2021; this change would extend the requirement beyond that. Council members in favor said it's worth investing more in desperately needed housing; those against are concerned about committing more funds at a time of economic uncertainty.

STANDARDS FOR CHARTER INTERPRETATION

One of the more complicated amendments would clarify how the charter is interpreted.

The standards for charter interpretation change was headed for approval by voters, with 55.3 percent, or 36,270, approving and 33.1 percent, or 21,744, declining. There were 11.6 percent, or 7,580, blank votes.

The amendment requires corporation counsel (county attorneys) or special counsel (an outside attorney) to seek judicial action when the administration and the council disagree on interpretation of the charter.

That's happened a couple of times over Maui County Mayor Michael Victorino's first term -- once when he temporarily installed department directors who'd been rejected by the council, and again when he moved ahead with a Supreme Court case over the Lahaina injection wells after council members voted to withdraw. Both times, each side disputed who truly had the power under the charter.

Finally, voters approved changes to the appointment of Charter Commission members.

CHARTER COMMISSION

Voters approved calls for having the mayor appoint two members of the Charter Commission and the council appoint nine (one per council member).

Results showed 48.6 percent, or 31,888, approved and 40.6 percent, or 26,631, declined the amendment. There were 10.8 percent, or 7,078, blank votes.

Currently, the mayor appoints all 11 with council confirmation.

Supporters of the change say this would right the scales between branches of government. Opponents, though, feel it's a power grab by the council who already has the right to vet the mayor's choices.

* Kehaulani Cerizo can be reached at kcerizo@mauinews.com.