The Maui Board of Ethics has ruled that Gina Young has no ethical conflicts that would prevent her from serving as executive director of the East Maui Water Authority, paving the way for her to become the first administrator of the fledgling water agency.

Young sought the ethics opinion after three County Council members declined to vote on moving her appointment forward, voicing concern that she may have had unfair advantages in the job application process — and a conflict of interest because she helped draft the charter amendment that led to the water authority’s creation.

Chair Alice Lee, Upcountry representative Yuki Lei Sugimura and Tasha Kama, whose district covers Central Maui, have also previously questioned the need for the 11-member authority, which was approved by voters in 2022 to negotiate the public acquisition of long-term water leases and an irrigation system that has been held in private hands for decades.

Ethics board vice chair Michael Lilly said in a phone call Thursday there was no substance to the idea that Young might have a conflict of interest because she worked on the charter amendment.

“This is the clearest example of why we need full-time staff,” Lilly said, referring to the all-volunteer ethics board that meets monthly.

With an executive director, “this would never have come before us,” he said. “She would have been able to call our executive director and gotten a green light. It wouldn’t have taken up our time.”

The fact that Young worked on the charter amendment and served as executive assistant to Council member Shane Sinenci, who championed the water authority’s creation, did not pose an ethical conflict, the board determined on Wednesday.

Sugimura said by email that she will read the Board of Ethics advisory opinion when it’s available but has no further comment at this time. Kama did not respond to a request for comment.

Asking appointees to get an ethics opinion is not unusual and should not be interpreted as not supporting Young, Lee said in an email.

Pam Bunn, an attorney who supports Young’s appointment, told the ethics board on Wednesday that it’s ill-advised and counter-intuitive to suggest a job candidate has a conflict of interest just because they worked on an issue and cultivated expert knowledge as a result.

Jonathan Scheuer, chair of the water authority, said the hiring process was transparent, noting that commissioners publicly discussed and released the interview questions prior to interviewing any candidates. Even the interviews were broadcast live.

He said Young’s extensive experience on water issues was part of why the authority unanimously voted to hire her.

“I am pleased and relieved that Board of Ethics found that relying on that experience raised no ethical issues,” he added.

Young’s case underscores why voters should approve a charter amendment on the November ballot that would authorize the Board of Ethics to hire independent staff, Lilly said.

An executive director, ideally someone with a legal background, as well as an investigator and a secretary would help weed out such easy-to-resolve cases and make the board more effective, he said.

Young said in an email that she’s grateful the board acted quickly on her request for an advisory opinion and found in her favor.

Assuming the full Council approves her appointment as expected, she is eager to get to work.

“It was clear in the last election that voters want Maui County to control our local water resources and manage them in a responsible equitable manner,” Young said. “I look forward to working with the state to obtain water rights to East Maui water.”

Control of East Maui water is one of the county’s most contentious issues.

A privately owned water collection and conveyance system dating back to the sugar plantation era largely controls access to water in large swaths of Maui.

Access to water often determines where development can occur, leading to emotionally fraught and expensive battles that have been waged over decades.

The 2022 charter amendment to create the East Maui Water Authority was intended to ease some of the conflict by putting more control over water in the public’s hands. The amendment passed with more than 64% of the vote.

Department of Land and Natural Resources Chair Dawn Chang is expected to attend the East Maui Water Authority’s next meeting on Sept. 25 to discuss how the state will work with the agency on acquiring long-term water leases, developing a watershed management plan, and moving the privately owned irrigation system into county hands.

“We invite the community to come and give testimony,” Young said.

Civil Beat’s coverage of Maui County is supported in part by a grant from the Nuestro Futuro Foundation.