Council changes island representation and vacancy rules to fill boards and commissions amid Lahaina recovery

The Maui County Council on March 7 approved a package of changes intended to reduce vacancies on county boards and commissions and to speed appointments when the Independent Nominating Board (INB) or the mayor fails to provide timely candidate lists.

Council action included three related measures: (1) an amendment to the Cultural Resources Commission membership requirement that removes the strict one-representative-per-island rule (Bill 29), (2) changes to residency requirements for several commissions that remove a minimum Lanai representation requirement while keeping Molokai's seat (Bill 30), and (3) a rewrite of vacancy and nomination procedures to require timely transfers of candidate lists and allow council unilateral appointments when deadlines are missed (Bill 27, FD2).

Bill 29 (Cultural Resources Commission) passed on final action by roll call 6 ayes, 3 nos after debate that centered on whether removing island-specific membership requirements would reduce representation for smaller islands. Councilmember Tamara Paulton, sponsor of related changes, said the requirement "has hindered filling vacancies with the best qualified candidates" and argued flexibility was needed so commissions can operate with a quorum. Opponents warned the change could dilute voices from Molokai and Lanai.

Bill 30, which amends residency rules for the Board of Variances and Appeals, the Fire and Public Safety Commission, the Liquor Control Commission, the Adjudication Board and the Police Commission to remove a Lanai-only residency requirement for specified seats, passed 7-2. Supporters said the change addresses chronic difficulties recruiting applicants from small-island electorates and will help the county avoid stalled hearings and delayed permit decisions.

Bill 27 FD2, the vacancy-and-nomination rewrite, was substituted and approved in the same meeting (final passage 9-0). The new language clarifies that when the mayor does not make a selection, or when the INB misses a statutory deadline to deliver a list, the INB must submit its list to the council; if the deadline is missed the council may fill the vacancy unilaterally within 30 days. The change was described by its sponsor as essential to moving forward with appointments rather than leaving important panels without quorum for months.

Council debate reflected tension between protecting island representation and addressing operational gridlock. Several council members urged community leaders to recruit applicants and help people complete application forms; others said the INB process has not been functioning and that the council needed a backstop to keep boards operational.

What happens next: the code and charter amendments will be administered by the mayor's office, the Independent Nominating Board and the Office of Council Services; the council and OCS said they will work with INB staff to ensure lists are transmitted in a manner consistent with state open-records and privacy rules.

Clarifying details: for Bill 27 FD2, if the INB or mayor fails to provide a list within the prescribed timeframe, the council may make an appointment without consulting the INB. If the council rejects an INB list, the INB then has 75 days to return a new list. The bills do not bar residents of Lanai or Molokai from applying; they remove mandatory seats that could block quorum when no local applicants step forward.

The votes: Bill 29 final reading passed 6-3; Bill 30 passed 7-2 on first reading; Bill 27 FD2 passed final reading 9-0 after substitution and suspension of the usual rule to allow final action the same day.

Ending note: Council members urged community outreach to recruit applicants from Lanai and Molokai and asked staff to keep appointment procedures transparent and timely so boards and commissions can resume full operations.