The Maui County Council on Friday added its voice to the chorus of those asking for the reinstatement of former state Commission on Water Resource Management First Deputy Kaleo Manuel, who was reassigned in a controversial move following the Lahaina fire disaster.
The Council, by a 7-2 vote, approved a resolution urging Gov. Josh Green “to uphold the Constitution of the State of Hawai‘i and the State Water Code by immediately reinstating Marvin Kaleo Manuel.”
The resolution was introduced by Molokai Council Member Keani Rawlins- Fernandez, who suggested that Green was responsible for transferring Manuel and that the governor was doing the bidding of developers who want to control the water.
Rawlins-Fernandez, a Native Hawaiian, grew emotional and began to sob as she spoke to her fellow Council members.
“I can’t stop crying,” she said through tears. “We’ve just had so much taken away that sometimes you forget how numb you have to force yourself to be just to function.”
The removal of Manuel as the Water Commission’s top staffer has drawn the wrath of Native Hawaiians and conservationists across the state. There have been rallies in support of Manuel, harsh criticism leveled at public meetings and a lawsuit seeking his reinstatement.
Manuel was transferred from his position by Land Board Chair Dawn Chang on Aug. 16, one week after the heart of Lahaina was destroyed by a massive wind-driven wildfire that overwhelmed firefighters who reported running out of water from fire hydrants.
The inferno killed at least 98 people, caused billions in damage and destroyed more than 2,000 structures, many of them homes.
In a letter to Manuel — and copied to Chang and Green — Glenn Tremble of the West Maui Land Co. said his request to fill the company’s reservoirs with stream water on the day of the fire was delayed by Manuel by some five hours — too late to contribute to the firefight.
Many have pointed out that any action to fill reservoirs on that day likely would have been fruitless as none of the streams are connected to fire hydrants and winds of 60 mph or more were too strong for helicopters to make water drops that day.
Nevertheless, Manuel was transferred to a different division, and Green, in comments to the media, said there are people fighting against the release of water for fighting fires. Later, he suggested he could support the reversal of the designation of the West Maui water management area.
Green ended up suspending the State Water Code in an emergency proclamation, which led to a suspension of interim in-stream flow standards established by the commission for the Lahaina Aquifer Sector Area water management area last summer.
Green later reinstated the Water Code, but Manuel remains exiled to the State Historic Preservation Division.
When Manuel’s new assignment was announced, Chang said the “deployment does not suggest that First Deputy Manuel did anything wrong.”
At the latest CWRM meeting, Chang added that it was her decision alone to remove Manuel, but she would not discuss the reasons because it was a personnel decision.
Friday’s resolution, written out in both English and Hawaiian, said Manuel was reassigned without cause.
Council member Shane Sinenci praised Manuel for his understanding of the Public Trust Doctrine and the State Water Code and the responsibility to uphold them. He said Manuel has worked hard to maintain stream flow standards and sustainable yields.
“Unfortunately, this has put a target on him because developers want as much water as they can get,” he said. “Developer needs are in direct opposition to the public trust when they demand more water than is allocated to them.”
Sinenci said in the end, Manuel was blamed for simply doing his job.
“We need to support government officials who do their jobs,” he said.
The job transfer sent a dangerous message to government workers, the Council member said. “If you protect the Public Trust over private interests, then you too are at risk of losing your job.”
Council member Tamara Paltin also praised Manuel, saying he could do any job and excel at it.
Manuel, she said, didn’t deserve the death threats he received following the Lahaina fire and the stories accusing him of delaying the water. Paltin blamed Green, saying he “fanned the flames” that led to the death threats.
A handful of speakers from the public supported the resolution, including veteran activist Walter Ritte of Molokai, who spoke on video.
Ritte said Manuel came to Molokai twice and helped solve an intractable 100-year water war over Kawela Stream. He said the aim was to restore in-stream water flows.
“But in the end we ended up with protecting our reefs and protecting our limu grounds. We got full restoration. That was unheard of,” he said.
Council Chair Alice Lee joined Yuki Lei Sugimora in voting against the resolution.
“I believe the governor has a right to decide on his own departmental staff and organization,” Lee said.