A La Jolla organization accused of unfair election practices must allow two runners-up to sit on its board, a judge ruled Friday, Feb. 8.

“This could be the start of the reforming of Promote La Jolla,” said Steve Haskins, attorney for the two plaintiffs.

After listening to arguments from both sides, Judge John S. Meyer concluded that Nancy Warwick and Bob Collins ” two La Jolla business owners who ran in an October 2007 Promote La Jolla election ” will fill two vacancies on the Promote La Jolla (PLJ) board of directors.

Attorneys for Promote La Jolla, the not-for-profit business improvement district for the village of La Jolla, argued that although both Collins and Warwick could fill vacancies caused by two members who were found to be ineligible, that alternative would disenfranchise the voters. They asked the judge for a new election.

Meyer said the issue seemed simple.

After two people who had been sitting on the board of directors for years “” Izzy Tihanyi and Gregory Rizzi “” were found to be ineligible, they resigned from their term.
Meyer said the next step would be to “give the next higher vote-getters those positions.”

As far as the vacancies were concerned, Meyer said, PLJ could have appointed people to fill out their previous term. But Warwick and Collins would fill the positions this next term.

“It seems obvious, at least to me,” Meyer said. “This seems pretty straightforward.”

The judge chastised the attorneys for Promote La Jolla, telling them the board violated the bylaws when PLJ refused to allow Warwick and Collins to sit on the board of directors. The organization ferreted out the two members after it was pointed out they were ineligible, mainly for their locations “” they were outside the PLJ district.

“How did these candidates get on the board in the first place?” Meyer said.

Attorneys representing the La Jolla organization argued semantics, saying the board did not make a mistake. They also said the PLJ board is allowed to appoint a person to fill a vacancy, according to its bylaws.

Meyer, who read the PLJ bylaws, said the group could not appoint a person every time there was a resignation.

“That would essentially make the election a sham, wouldn’t it?” Meyer said. “Why not just have people resign, then appoint whoever you want?”

After listening to discussion between the two attorneys, who tried to slide in La Jolla’s long-standing issue of paid on-street parking, the judge said this was a clinical issue, not a parking issue. He ruled in favor of Warwick and Collins.

Shauna L. Durrant, one of two attorneys representing PLJ, told the judge she would appeal if he went forward with his decision.

“The court should order a new election, otherwise we will appeal,” Durrant said. “I request a 10-day stay of the order, so we can perfect an appeal.”