Council’s proposed changes to County Charter are ill-advised
OUR COUNTY
The County Council’s proposed changes to the Maui County Charter are confusing, vague and ill-advised, especially when the public is distracted by the COVID-19 pandemic.
The stakes are high because these proposed amendments threaten the current balance of power between the executive and legislative branches of our government. The council wants voters to agree to expand its power, at the expense of the executive branch.
This undermines deeply embedded values such as accountability and transparency. The charter is our county’s constitutional backbone. It provides for a system in which the mayor is held accountable for decisions by the electorate, and council members are responsible for checking those decisions and setting legislative priorities.
As mayor, I appoint most department heads and have the power to remove them. Council members share accountability by approving or disapproving the appointments. This illustrates our system of checks and balances.
Now the County Council wants to reorganize the executive branch by establishing an Office of the Managing Director, which would erase our charter’s clear line of accountability.
The proposed charter amendment is asking voters to consider a form of government that adds layers of bureaucracy and forces you, the public, to decide on the county’s ultimate decision-maker. Under this proposed reorganization, it’s unclear whether the mayor, the managing director, or the council is ultimately responsible for the county’s direction and decisions. This proposal is not an accountable or transparent way to approach effectiveness and cohesion within county government.
This proposed charter amendment forfeits the public’s right, through election, to choose the leader of the county and places that power in the hands of the council, and a three member-citizen group — also chosen by the council. The process to remove an ineffective managing director sets the stage for contentious battles between the legislative and executive branches of government. We can expect this because it won’t be apparent who’s ultimately accountable for hiring or firing the managing director.
Another ill-conceived council-proposed charter revision would change the appointment process for Charter Commission members. Currently, the mayor appoints, with the approval of the council, an 11-member commission to study and review the operation of the government of the county. This process is done every 10 years.
The charter already provides for a system of checks and balances, where the mayor proposes the commission members, and the council confirms.
The council’s proposed charter amendment would have two members appointed by the mayor and nine appointed by the council, with each council member nominating one of the nine members and a scant vetting process.
The council could choose anyone. Maybe a council aide, a friend or relative? It wouldn’t necessarily even be someone from each council member’s residency area.
Another council amendment calls for stricter term limits for council members. The proposed change would limit council members to five full two-year terms, 10 years. Interestingly, sitting council members who’ve proposed this change have decided that this term limit would not apply retroactively to them. Instead, it wouldn’t take effect until Jan. 2, 2021.
If a 10-year limit is appropriate, then why not apply this to sitting council members?
I also ask voters to carefully consider the council’s proposal to create a new Department of Agriculture. If approved, this department would need to be established and operate, likely costing taxpayers millions of dollars.
The Maui County Farm Bureau conducted a member poll and found that 84 percent of farmers rejected the proposed County Department of Agriculture.
Farmers already report to and comply with federal and state regulators. Is more regulation the best way to help farmers harvest more crops? We want farmers to thrive, not just survive. Is more bureaucracy the answer?
There’s many unanswered questions left hanging by the council’s proposed charter amendments. These could be answered if the Maui County Charter Review Commission were allowed to do its work and conduct a transparent, comprehensive review of our County Charter. Furthermore, allowing the public to participate in their discussions.
I’m urging residents to apply for the commission. Anyone interested in serving on this commission or any other county boards and commissions should apply online at www.mauicounty.gov/Boards. The application deadline is Nov. 16.
I ask voters to study these council proposals carefully and thoroughly. They can be reviewed at www.mauicounty.gov/2395/Proposed-Charter-Amendments-2020.
* “Our County,” a column from Maui County Mayor Michael Victorino, discusses county issues and activities of county government. The column usually appears on the first and third Saturdays of the month.