What are these questions on the back of my ballot?

Maui

Voters in Maui County will decide on significant changes to the structure of government and other issues when they cast their ballots in the Nov. 3 general election.  Seven charter amendment questions appear on the Maui County ballots. They include proposals to increase the flow of money to an affordable housing fund, restructure the managing director’s position, create a Department of Agriculture, set term limits and settle legal disputes over county laws.

For more information visit mauicounty.gov/charteramendments or call (808) 270-7749.

Question 1: County of Maui Affordable Housing Fund

Shall the Charter be amended to require that a minimum percentage of the certified real property tax revenues be appropriated into an affordable housing fund beyond Fiscal Year 2021, to be used for the provision, protection, and expansion of affordable housing and suitable living environments; and to increase the minimum required percentage from 2 percent to 3 percent of the certified real property tax revenues, effective July 1, 2021?

A “yes” vote supports the proposed amendment which means beginning July 1, 2021, the Council would be required to use at least 3 percent of the money collected from real property taxes for the Affordable Housing Fund to provide affordable housing.

A “no” vote opposes the proposed amendment which means after June 30, 2021, the Council would not be required to set aside at least 2 percent of the money collected from real property taxes for the Affordable Housing Fund.  

(Resolution 20-59 entitled, “PROPOSING AN AMENDMENT TO SECTION 9-20 OF THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO THE AFFORDABLE HOUSING FUND.”)


 Question 2 County of Maui Office of the Managing Director

Shall the Charter be amended, effective January 2, 2023, to reorganize the executive branch for the County of Maui to establish an Office of the Managing Director, wherein a Managing Director, hired by the Mayor through a recruitment and selection process involving the Mayor, Council Chair, and a three-member citizen group, shall function as the County's chief operating officer responsible for the County's daily operations, the appointment and removal of most department heads, and the implementation of County policy; the Mayor shall be the County's chief executive officer responsible for supervising the managing director's work, representing the County in intergovernmental affairs, having the authority to approve or veto bills, nominating board and commission members, and enforcing provisions of the Charter, County ordinances, and all applicable laws; and authorizing various housekeeping revisions?

A ”yes” vote supports the proposal to pass.  Starting January 2, 2023, the Managing Director would be hired by the Mayor, following a recruitment and selection process involving the Mayor, the Council Chair, and a citizen group, to be Maui County’s chief operating officer. The Managing Director would be in charge of daily operations, hiring and firing most department directors, and overseeing Maui County’s laws and policies. The Mayor and Council would have to agree to fire the Managing Director. Other components of County government would be restructured.

A “no” vote opposes the proposal and means that the Managing Director would continue to be hired by the Mayor, with the Council’s approval, to lead the Department of Management. The Mayor would continue to be Maui County’s chief executive officer, in charge of daily operations, hiring and firing most department directors, and overseeing Maui County’s laws and policies. The Mayor would continue to have the authority to fire the Managing Director without Council approval.

(Resolution 20-60, Draft 1, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO REORGANIZE THE EXECUTIVE BRANCH TO ESTABLISH AN OFFICE OF THE MANAGING DIRECTOR AND PROVIDE FOR THE APPOINTMENT OF THE MANAGING DIRECTOR AS THE COUNTY’S CHIEF OPERATING OFFICER.”)


Question 3: County of Maui Term Limits for Council Members

Shall the Charter be amended to establish stricter term limits for Council members by limiting the number of terms a person may serve as a Council member to five full terms?

A “yes” vote supports the proposal to change the charter so that no one would be able to serve more than five two-year terms on the Maui County Council, starting January 2, 2021.

A “no” vote opposes the proposal and a person who has served five consecutive terms as a Maui County Council member, would remain eligible to serve as a Maui County Council member after sitting out one term.

(Resolution 20-98, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO ESTABLISH STRICTER TERM LIMITS FOR COUNCIL MEMBERS.”)


Question 4: County of Maui Standards for Charter Interpretation

Shall the Charter be amended, effective January 2, 2021, to establish standards for interpreting and complying with the Charter, including by requiring a viable judicial action to be filed within 30 days to seek clarity when a conflict in the interpretation of the Charter is identified?

A “yes” vote supports the proposal that would ammend the Charter to include additional standards for interpreting and complying with the Charter’s provisions. Within 30 days of a conflict between the Administration and the Council in interpreting the Charter, an attorney for the County would be required to go to court to resolve the conflict.

A “no” vote opposes the proposal and the Charter would not include additional standards for interpreting and complying with the Charter’s provisions. County officers and employees could continue to seek legal advice on the Charter’s provisions from attorneys employed by the County, without a requirement to go to court to resolve the conflict.

(Resolution 20-99, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO CONFLICTING INTERPRETATIONS OF THE CHARTER.”)


Question 5: County of Maui Charter Commission

Shall the Charter be amended, effective January 2, 2021, to authorize the Council to appoint nine members and the Mayor to appoint two members of the 11-member Charter Commission, which is required to study and review the operation of the County government?

A “yes” vote supports the proposal for the Mayor to appoint two members and the Council would appoint nine members, with each Council member making a nomination, for the 11-member Charter Commission, which is set up every ten years to review the operation of County government, including proposed amendments to the Maui County Charter.

A “no” vote opposes the proposal and the Mayor would continue to appoint, with the Council’s approval, all 11 members of the Charter Commission, which is set up every ten years to review the operation of County government, including proposed amendments to the Maui County Charter.

(Resolution 20-100, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO CHARTER COMMISSION.”)


Question 6: County of Maui Term Limits for Mayor

Shall the Charter be amended to establish stricter term limits for the Mayor by limiting the number of terms a person may serve as Mayor to two full terms?

A “yes” vote supports the proposed amendment that no one would be able to serve more than two four-year terms as Mayor of Maui County, starting January 2, 2021.

A “no” vote opposes the proposed amendment.  A person who has served two consecutive four-year terms as Mayor of Maui County would remain eligible to serve as Mayor of Maui County after sitting out one term.

(Resolution 20-101, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO ESTABLISH STRICTER TERM LIMITS FOR THE MAYOR.”)


Question 7 : County of Maui Department of Agriculture

Shall the Charter be amended, effective July 1, 2022, to establish a Department of Agriculture to develop a sustainable regional agricultural system for Maui County?

A “yes” vote supports this proposed amendment and effective July 1, 2022, a Maui County Department of Agriculture would be created consisting of a director, deputy director, and necessary staff to provide advocacy and assistance with related issues on agricultural matters.

A “no” vote opposes this proposed amendment and a Maui County Department of Agriculture would not be created to provide advocacy and assistance with related issues on agricultural matters. Existing agencies, including the State of Hawaii Department of Agriculture, would continue to work on agricultural matters.

(Resolution 20-102, entitled “PROPOSING AN AMENDMENT TO THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, RELATING TO ESTABLISHING A DEPARTMENT OF AGRICULTURE.”)