Judge rules the appointment of a Greenfield council member was illegal.

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