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police power or the public trust.�” In re Waiähole Ditch Combined Contested Case Hr�’g, 94 Hawai�‘i 97, 180 n.96, 9 P.3d 409, 492 n.96 (2000) (�“Waiähole�”).1

As the Court has emphasized, the management of water resources under the

public trust is much more than the role of a mere �“umpire calling balls and strikes,�” or even a �“good business manager.�” Id. at 143, 9 P.3d at 455. Nothing in this nominee�’s background indicates substantial qualifications for this trustee role to ensure a �“level of openness, diligence, and foresight commensurate with the high priority these [public trust] rights command under the laws of our state.�” Id.

The selection process has been equally lacking. Although the process for one of

the Commission positions has now stretched over a year, it is unclear whether the Nominating Committee selecting the list of candidates actually interviewed any of the applicants. Thus, Glen Hong was initially appointed to the Commission without any public announcement or explanation, but then stepped down in February 2012 and admitted he lacked the qualifications. Despite this misstep, Mr. Yamamura was nominated just days later, ostensibly from the same list as Mr. Hong and with the same unfortunate result of failing to observe the specific qualification requirements of the Commission. This process is all the more questionable given that unambiguously qualified candidates did in fact apply, yet were passed over in favor of these nominees without any apparent rational justification consistent with the legal requirements.

Mr. Yamamura�’s nomination raises further improper appearances that he was

selected based not on any particular water management qualifications, but rather his political connections on the island of Maui. He is from in Nä Wai �‘Ehä in Central Maui, which is �“ground zero�” for ongoing, extensive legal proceedings (in which our office is involved), a major portion of which is presently on appeal to the Hawai�‘i Supreme Court. His appointment would make two of the five appointed Commissioners from Na Wai �‘Ehä (as well as four of five from the island of Maui). This creates conflicts and unsavory appearances of attempting to influence cases in this and other areas on Maui. Such conflicts and improper appearances would, in actuality, limit Mr. Yamamura�’s availability to participate and contribute and, thus, impair the Commission�’s ability to function with a full complement of Commissioners free from political taint. See Waiähole, 94 Hawai�‘i at 127, 9 P.3d at 439 (admonishing the Commission and administration regarding conflicts and appearances of political influence).

In short, it is evident that this Commission and the process for selecting qualified

members have simply not received the attention, care, and respect they deserve. Rather

1 As for Mr. Yamamura�’s experience on the Maui County Board of Water Supply, this does not provide substantial experience in water resource management since pursuant to county charter amendment that body does not presently manage anything, but rather only serves an advisory role. Indeed, membership on the Maui county board requires no qualifications whatsoever and is a pure political appointment -- in stark contrast to what the law requires for the state Commission.

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