Committee advances ordinance to update financial-disclosure rules, allows redaction of home address and phone

The Government Relations, Ethics and Transparency Committee recommended passage on first reading of Bill 3 (2024) on March 18, a measure to amend Maui County Code section 2.56.0.06 so county filing rules match changes voters approved to Charter Section 10-3 and to add a confidentiality designation for the county clerk and deputy clerk's financial disclosure statements. The committee voted 9-0 to pass the ordinance on first reading as amended.

Committee members said the change responds to security concerns for election officials and to technical inconsistencies between the county code and the charter. "Our main purpose is to obviously- update the chart- update the county code- with the changes that were approved by the voters to section 10 3 of the charter," County Clerk Moana Lutie told the committee, and she asked that the clerk and deputy clerk be included among those whose disclosures are treated as confidential.

Why it matters: Financial-disclosure rules determine what information about candidates, officers and board appointees is available for public inspection and what is withheld. Committee discussion balanced the public's right to inspect filings against staff safety concerns after officials nationwide reported threats during election seasons.

Key provisions and changes

- Consistency with the charter: Staff said Bill 3 updates the county code to mirror the filing deadlines and categories voters approved in the 2022 charter amendment to Section 10-3. Deputy Corporation Counsel Caleb Rowe said the change makes the code and charter "consistent with one another."

- Confidentiality for clerk positions: The bill, as amended, explicitly lists the county clerk and deputy county clerk among positions whose financial-disclosure statements may be treated as confidential because of security concerns. Deputy County Clerk Rochelle Thompson described security steps already taken for election staff, including removing home addresses from some public property databases and participation in a federal "DeleteMe" program to scrub personal data.

- Public inspection and targeted redaction: Members debated whether to keep a phrase making public financial-disclosure statements "public records available for inspection." Some members said the explicit language helps members of the public who seek records. The committee approved an amendment clarifying that public filings are available for inspection but allowing redaction of a filer's residential address and phone number for public versions of those filings. That amendment was approved 9-0.

Discussion highlights

- Vice Chair Tamara Paulton asked whether the board of ethics reviews and clears filings before an appointee may take office; Deputy Corporation Counsel Caleb Rowe explained that filings are submitted to the board and that the board can review, request clarification, or refer concerns to the appointing authority but does not have a blanket power to reject a council-selected appointee prior to seating.

- Several members raised concerns about redacting addresses while still allowing enough location detail to show possible conflicts of interest. Council member Rollins Fernandez suggested redacting exact dwelling addresses and phone numbers while keeping city/location information to permit the public to spot potential conflicts when relevant.

- Clerk and deputy clerk staff underscored security risks for election workers if personal contact information is widely available. Thompson said local election staff work with federal partners and have taken steps to remove identifying details from public databases.

Votes and next steps

- Motion to recommend passage on first reading (as amended) was made by Council member Tom Cook and seconded by Council Chair Alice Lee; the committee approved the ordinance on first reading as amended, 9-0.

- The committee also approved substituting a CD1 version (incorporating boards and commissions established on or after July 1, 2024 into filing requirements) and approved language redacting filers' residential address and phone number from publicly posted disclosures. Both changes passed 9-0.

The ordinance will move to the full County Council for consideration, including the confidentiality designation for the county clerk and deputy county clerk and the adopted redaction rules for public filings.