www.montereycountynow.com july 25-31, 2024 MONTEREY COUNTY WEEKLY 17 Serving on a city council is hard work. Not to mention running a campaign, which can be tough for people who are shy, busy, humble or lack access to an organized fundraising apparatus. When vacant city council seats become open for appointment, sometimes a different slate of candidates apply than those who might run for election. Appointment means persuading just sitting councilmembers you are the best person for the job. It can be less intimidating; it doesn’t require you to go out and sell yourself. When Greenfield City Council set out to fill a vacancy for District 1 last fall, Drew Tipton did not have to work especially hard to sell himself. The former councilmember lost in 2022 by just 17 votes. He’d previously served on the Planning Commission and the Fire District Board of Directors. So when the opportunity to appoint a councilmember arose, it was perhaps no surprise that Tipton’s name came up, nominated by his political ally, Mayor Bob White. The problem, according to Monterey County Superior Court Judge Thomas Wills in a July 11 ruling: The appointment was made illegally, and is now declared null and void. At issue is a seemingly subtle matter of wording, but one of great consequence to how the public is invited into or excluded from government decisions. Thanks to the Ralph M. Brown Act, a government agency is required to publish an agenda in advance of every public meeting in California. The concept is that members of the public know what their water board or school board or city council will be discussing, and they have the opportunity to weigh in. At issue was the Greenfield City Council’s agenda, which read: “Staff Recommended Action — Consider Filling Vacancy.” This aligned with previous discussions about how to proceed to fill a vacancy (the primary decision is whether to pursue a costly special election, or an appointment process). City Council and their attorney interpreted that line item to mean they could proceed with nominating and appointing Tipton, although his name was nowhere to be seen on the agenda—members of the public would have had no way to know he was in contention and prepare remarks in support of or opposition to him. Andrew Sandoval—a local government watchdog, and a member of Salinas City Council—sued the City of Greenfield over the Brown Act violation. This is not just a quibbling legal issue. “A major objective of the Brown Act is to facilitate public participation in all phases of local government decision-making,” Wills noted. “The Brown Act is to ensure that the public is adequately notified of what will be addressed at a meeting in order to facilitate public participation and avoid secret legislation or decision-making.” Of course, there are politics at work. White had attempted to get Tipton back on council before; as soon as White was elected as mayor in 2022, the process began for replacing his former council seat. Tipton was still on council then, before the November election results took effect. White nominated Tipton during the discussion; instead, council opted to open up an appointment process. Council interviewed seven candidates, and appointed Ariana Rodriguez in an open, public process. Tipton lost in November in Greenfield’s first district-based election to Angela Untalon in District 1. Untalon resigned just a few months later; council appointed Luis Dominguez to replace her. Then a month later, he announced he was moving, so another replacement would be needed. No wonder Greenfield City Council was frustrated. But that doesn’t mean you can simply appoint your political allies without inviting public discussion. Council was set to discuss a process for filling the vacancy last Sept. 12, and White nominated Tipton; council voted 2-1 to appoint him (Rodriguez dissenting). While there was a subsequent vote two weeks later to ratify the appointment, it was treated just as a procedural. “From the city attorney’s report, it basically concludes this is a formality to protect the city from litigation,” Rodriguez said. And now, after following bad legal advice, the council will again have a vacancy for District 1, and will have to pay Sandoval’s attorney fees. All of that is bad for the public. Sara Rubin is the Weekly’s editor. Reach her at sara@montereycountynow.com. Letter of the Law Judge rules the appointment of a Greenfield council member was illegal. By Sara Rubin Fast Times…Squid takes pride knowing Squid is the fastest swimming invertebrate in the ocean, clocking speeds at up to 25mph. Many of Squid’s sea creature friends know not to challenge Squid to a race, but Squid knows it’s a lost cause against a sailfish, which can cut through the water at nearly 70mph. If school zones were underwater, Squid could easily keep up with traffic. Same goes for a sailfish on Highway 101. But the same couldn’t be said for Monterey County Sheriff Tina Nieto, who might be more at home on WeatherTech Raceway Laguna Seca. Dashcam footage that went public recently shows Nieto being pulled over by California Highway Patrol officers three times over a span of eight months for reportedly speeding on Highway 101 in South County. In two of the incidents, a CHP officer can be heard telling Nieto that she was going 95mph on the 65mph stretch of the highway. In the final clip, dated in May, Nieto reportedly declined to show an officer her license and asked for his supervisor. No citations were issued in any of the incidents. Being a speedster in the ocean, Squid knows it’s tempting to use Squid’s speed to get to places quickly. But there is an expectation that those we entrust to enforce the law actually follow it themselves. Mail It In…Squid was quite fond of former Seaside city manager Craig Malin, who left for a job in Wisconsin in 2021—Squid’s colleagues report that he always picked up the phone, he had facility with the facts and could quickly connect you with someone who might know better than him. Squid’s colleague heard a rumor lately that, when Seaside City Council meets July 25, Malin might be in the running to become Seaside’s interim city manager as the city finds a permanent replacement—Police Chief Nick Borges is Acting City Manager at the moment, and doing a fine job. But it’s a lot of work. Squid’s colleague decided to give Malin a call to ask if the rumors are true, and Squid is happy to report that they are. That said, Malin is setting up for a busy schedule—his plan is to work 34 hours a week Monday to Wednesday for Poynette, where he’s village administrator, and 20 to 30 hours in Seaside from Thursday to Friday. Malin has an abiding love for Seaside, and for California. An email he recently sent to Squid’s colleague was titled “No Mountains in Wisconsin,” and begins, “Wisconsin is gorgeous…but there’s a rather persistent lack of mountain adventure across this rolling tapestry of ice cream, beer and sausage.” Squid hopes to see you soon, Mr. Malin. the local spin SQUID FRY THE MISSION OF MONTEREY COUNTY WEEKLY IS TO INSPIRE INDEPENDENT THINKING AND CONSCIOUS ACTION, ETC. This is not just a quibbling legal issue. Send Squid a tip: squid@montereycountynow.com
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