Judge Issues two orders against Maui County Council appointee to planning commission
KAHULUI—Second Circuit Court Judge Kelsey Kawano issued a writ of quo warranto Monday against Danny Ray Blackburn, asking him to appear before the Second Circuit Court on April 17 to show what authority he has to participate as a Maui County Planning Commissioner, according to court documents.
Danny Blackburn is the Hawaii division manager for F & H Construction, which is headquartered in Lodi, California and operates in both California and Hawaii. Blackburn commands all aspects of operations and project management for the Hawai‘i Division, according to their website.
Judge Kawano also issued a temporary restraining order in addition to the writ of quo warranto, preventing Blackburn from participating as a commissioner in Tuesday’s Maui Planning Commission meeting.
Mayor Richard Bissen appointed Gary Passon to the opening on the Maui Planning Commission on January 31, 2024. The County Clerk received the appointment letter on February 1. The council took a position that the mayor’s appointment was invalid believed they had the power to make their own appointment. Last month, the Council appointed Blackburn under that theory and he was listed as one of the nine members of the planning commission on the agenda for the April 9th meeting, resulting in the issuance of a temporary restraining order in addition to the writ of quo warranto on Monday.
Maui voters approved a charter commission amendment in 2022 to change the appointment of board and commission members by using an independent nominating board.
When the independent nominating board does not make a list of nominees, the mayor is permitted to make an appointment directly under a section of the charter. No provision of the Charter confers on the council the independent power to appoint board and commission members, according to a press release from Maui attorney Lance D. Collins, who filed the court papers and is listed with Richard D. Mayer, a retired Maui Community College professor.
The independent nomination board did not make any lists for any of the recent vacancies on any boards or commissions including the one for the Maui Planning Commission, according to the press release from Collins.
“The voters of Maui County chose this new process at the 2022 general election. The Council is simply not free to disregard the voters’ will.” said Collins and former chair of the Maui Charter Commission.
Judge Kawano set the return hearing on the writ of quo warranto and the hearing on the temporary restraining order to April 17, at 9:30 a.m. and the separate hearing on a motion for preliminary injunction for May 8, at 9:30 a.m. in Wailuku.