A former mayor was sworn in as an Imperial Beach City Council member, but a group of residents say the appointment did not meet California’s open government requirements. -DB
San Diego Union-Tribune
June 3, 2009
By Janine Zúñiga
IMPERIAL BEACH – Former Mayor Diane Rose was sworn into office Wednesday, temporarily filling a City Council seat left vacant by the May 24 death of Councilman Fred McLean. But the appointment was not without controversy.
A group of residents denounced Rose’s May 27 appointment, citing a fraudulent process and a violation of the state’s open-meeting law. Led by Serge Dedina, the group asked Rose and the council to rescind the appointment.
Rose said that she offered her services, the City Council accepted her offer and she is ready to move forward.
By a 3-0 vote with Councilman Jim King abstaining, the City Council passed a resolution officially appointing Rose to the seat until November 2010, when a special election will be held to fill the last two years of McLean’s term.
Dedina accused the city manager and city clerk of fraud for placing ads in newspapers seeking applicants before the council decided what to do. He said the city violated the Ralph M. Brown Act when it did not adequately notify the community that it might appoint someone to fill the seat May 27.
City Attorney Jim Lough said there was no fraud or Brown Act violation. He said the city acted according to state law when making the appointment.
Mayor Jim Janney said the council acted quickly to avoid a $135,000 special election and a time-consuming appointment process.
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