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 PLJ, the not-for-profit business improvement district for the village of La Jolla, argued that although both Collins and Warwick could fill vacancies left 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, saying the board violated the bylaws when PLJ refused to allow Warwick and Collins to sit on the board of directors.
The La Jolla organization ferreted out the two members after a letter sent to PLJ President Deborah Marengo pointed out they were ineligible, mainly for their locations outside the PLJ district.
“How did these candidates get on the board in the first place?” Meyer asked.
Attorneys representing the La Jolla organization argued semantics, saying the board did not make a mistake. The lawyers also said the PLJ board is allowed to appoint a person to fill a vacancy, according to its bylaws.
After reading the bylaws, Myer said PLJ could not appoint a new board member every time there was a resignation.
“That would essentially make the election a sham, wouldn’t it?” Meyer asked. “Why not just have people resign, then appoint whoever you want?”
After listening to discussion between the two side’s 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.”
While running up an escalator away from the courtroom, Durrant declined any further comment. Although she told the judge she would appeal, she said she wasn’t sure what actions she would take on behalf of Promote La Jolla.
Warwick and Collins continue to wait for the judge to sign the order, Haskins said.
“The order has not been signed by the judge yet so there’s nothing we can do,” he said Wednesday morning.
Later that day, PLJ’s monthly meeting was scheduled. Haskins said his clients were in legal limbo but should be sitting on the board by “next week sometime.”
Although Meyer hadn’t signed the permanent order, Collins said yesterday that he and Warwick would attend the PLJ meeting later that day.
“We’re going to go to the meeting, and we’re going to see what they do,” Collins said. “If they choose not to seat us based on this technicality, I think Nancy and I will not say much to the issue.”
Collins said many supporters planned to attend the meeting with him and Warwick.
“I think if they want to wait another month, that will not sit too well with the audience,” he said.
Promote La Jolla meets the second Wednesday of every month at 3 p.m. at La Valencia hotel, 1132 Prospect St.
For more information, go to www.lajollabythesea.com.