The state Commission on Water Resource Management has six members. Two are members by virtue of their having been appointed to cabinet-level positions by the governor. These two are the head of the state Department of Land and Natural Resources, who by law serves as chairman of the Water Commission. The other is the head of the state Department of Health.
Four other members are nominated by the govenor and confirmed by the Senate. They serve without pay.
The Waiahole contested case is to be decided by just four of these six members, since two members — Herbert “Monty” Richards Jr. and Robert Girald — have disqualified themselves. Girald’s recusal was made without explanation. Richards’ came two months into the contested case, following public controversy over potential conflicts of interest.
The four remaining members hearing the case are:
Mike Wilson, head of the DLNR. Before accepting this position, Wilson was a lawyer in private practice;
Lawrence Miike, head of the Department of Health. Miike is a physician;
Richard Cox, a retired sugar plantation executive; and
Buddy Nobriga, a Maui rancher and businessman.
According to Water Commission staff, four votes are needed for any action of the commission. That means that the four members sitting on the Waiahole contested case must reach a unanimous decision.
Volume 7, Number 3 September 1996
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