MAUI, Hawaii – Second Circuit Court Judge Kelsey Kawano has taken legal action against Danny Ray Blackburn, calling him to appear in court on April 17 to justify his position as a Maui County Planning Commissioner. In addition to the summons, Judge Kawano issued a temporary restraining order, preventing Blackburn from participating in the Maui Planning Commission meeting. These actions come after a dispute over Blackburn’s appointment by Mayor Richard Bissen.
Blackburn, who works as the Hawaii division manager for F & H Construction, a company based in Lodi, California, has been responsible for overseeing operations and project management for the Hawaii division. However, it remains to be seen what authority he has to act as a planning commissioner in Maui.
The County Clerk initially received Bissen’s appointment letter for a different individual, Gary Passon, to join the Maui Planning Commission on January 31. The council, however, contested the appointment, believing that they had the power to make their own selection. As a result, the council appointed Blackburn to the commission, stating their authority to do so. This decision led to the issuance of the temporary restraining order and summons.
In 2022, Maui voters approved a charter commission amendment, which aimed to change the appointment process for board and commission members, introducing an independent nominating board. However, in the case that the independent board does not provide a list of nominees, the mayor is permitted to make a direct appointment, as outlined in the charter. According to Maui attorney Lance D. Collins, who filed the court papers, the council does not possess the independent power to appoint members to these positions.
The independent nominating board did not provide any nominee lists for recent vacancies, including the Maui Planning Commission. Collins emphasized the importance of respecting the voters’ decision to implement this new appointment process, stating that the council cannot disregard their will.
The court hearings for the writ of quo warranto and the temporary restraining order are scheduled for April 17, with a separate hearing for a motion for preliminary injunction set for May 8 in Wailuku.
Please note that the information provided in this article is based on court documents and statements from involved parties, and it does not include direct quotes from news organizations.