Council committee presses Corp Counsel, administration for clarity after Independent Nomination Board rollout leaves 22 vacancies

Maui County Council's Government Relations, Ethics & Transparency Committee spent most of its Sept. 2 meeting pressing the Office of Corporation Counsel and administration staff to explain a confused rollout of the Independent Nomination Board (INB) and appointment deadlines created by Ordinance 5779.

Committee chair Nohilani'u'u Hajins said multiple missed notification cycles left seats that predate the INB's creation available for unilateral appointment by the council. "According to admin's calculations...our time to appoint unilaterally will begin September 9," the chair said, and OCS agreed to email members a list of the 22 seats the council may now fill.

Why it matters: Council members said the confusion has delayed filling important panels and risked harming representation on bodies involved in post-fire rebuild and land-use reviews. Members cited a specific applicant situation and geography concerns from Lahaina rebuild advocates as examples of how missed communications can affect who serves on commissions.

Deputy Corporation Counsel Yukari Murakami told the committee the county ordinance and charter rules created a timing complication after the INB was established. When asked whether a list from the INB is required for all vacancies, Murakami answered directly: "Do we need a list? No. We do not need a list." The committee took that to mean some long-standing vacancies (the committee called them "pre-INB" vacancies) do not require INB submission and can be filled unilaterally by either the mayor or the council depending on which office's appointment window applies.

Committee members pushed for practical fixes. Member Tamara Paulton described an applicant she had nominated who went through the INB and said she was "kinda pissed off" after learning the timeline had not been communicated and other nominees were selected for seats affecting Lahaina-area decisions. Member Rollins Fernandez, Member Gabe Johnson and others echoed concerns that the new process had created delays and administrative friction compared with the prior system.

Council members and staff agreed on two near-term steps: Office of Council Services (OCS) will send an email to all committee members listing the 22 pre-INB vacancies that the council may fill unilaterally and their current term expiration dates; and OCS and Corporation Counsel will work together to produce a clear flowchart and communications plan describing how vacancies created before and after the INB take effect will be handled going forward. Corp Counsel agreed to review and clarify relevant code sections used for deadline calculations (members mentioned Maui County Code Section 1.04.020E and charter provisions tied to Ordinance 5779) and to provide written clarification.

Officials told the committee there are roughly 43 total vacancies on county boards and commissions; the committee distinguished 22 vacancies that predate the INB (and therefore do not automatically require INB-provided lists) and about 21 post-INB vacancies that should be processed through the INB with a mayoral selection from the INB list and council confirmation. Members stressed the need for ongoing coordination so the mayor's office, OCS, Corp Counsel and the INB do not miss future cycles.

No legislative action was taken at the meeting; the item was informational and committee staff said they will follow up. The meeting closed with a firmed set of next steps and a reminder that some seats the council fills now will expire in March 2026, meaning appointees may serve only a short interim term unless reappointed.