Council nomination and appointment when the mayor misses a deadline

A. In accordance with section 13-2, Revised Charter of the County of Maui (1983), as amended, should the mayor fail to submit the name of a nominee within the times provided for by law for a seat requiring council confirmation, the council may within thirty days nominate and approve the appointment of an individual to fill a vacancy from the list, if any, of nominees presented to the mayor. The independent nomination board or the mayor, as the independent nomination board's designee, must submit the independent nomination board's list to the council upon the expiration of the mayor's deadline to submit a nominee. The list must be submitted and maintained in a manner consistent with applicable state and county laws regarding the nominee's privacy. 1. If the deadline for providing the list is missed, the council may, within thirty days, make a unilateral appointment without consulting the independent nomination board. 2. Any member of the council may nominate one individual per vacancy by transmitting the information required under section 2.41.020 to the council or appropriate council committee. 3. Upon receipt of the required information, the council may approve or disapprove the nomination. B. If the council misses its deadline to make a unilateral appointment under subsection A, then the mayor may, within thirty days, fill the vacancy without council confirmation. If the mayor fails to do so, subsection A's process is triggered again. The process must continue until the seat is filled. C. A missed appointment deadline for a seat over which either the mayor or the council is the sole appointing authority triggers the process in charter subsection 13-2(20). The process must continue until the seat is filled. ( Ord. No. 5779 , § 2, 2025; Ord. 3182 § 1 (part), 2004)