Grover Beach drops appeal in recall lawsuit. Is there still time for a petition?

Grover Beach dropped its appeal of a San Luis Obispo County Superior Court ruling that requires the city to approve and release recall petitions against three City Council members, clearing the way for a citizens group to gather signatures.

However, with citizens group GroverH2O kicking off its efforts to get a recall election on the November ballot in January and launching its lawsuit against the city in late April, the window for the group to get the recall on the November ballot is narrow and closing quickly.

Last week, San Luis Obispo County Superior Court Judge Craig van Rooyen ordered the city to release a recall petition against City Council member Dan Rushing after GroverH2O sued the city for denying its recall petitions against Rushing and fellow Councilmember Zach Zimmerman and Mayor Karen Bright.

Grover Beach city manager Matt Bronson said the city originally filed an appeal of van Rooyen’s ruling on May 28, which temporarily stayed the Superior Court judge’s writ, leading to a one-day delay in releasing the petition.

However, at its Tuesday meeting the City Council met in closed session and directed the city attorney to withdraw its appeal, Bronson said.

The unaltered petition to recall Rushing was then released to GroverH2O by the city clerk on May 29, giving the petitioners until June 6 to collect a minimum of 504 valid signatures to get the recall on the November ballot, Bronson said.

“The city’s actions concerning the group’s submitted recall petitions have been undertaken and based upon the city’s duty to maintain the integrity of the elections process and to protect residents from being influenced by false or misleading statements,” the city’s most recent update on the lawsuit read. “To this end, it is notable that the proponents submitted reformed petitions that excluded the statements in question, all of which the city approved.”

Debbie Peterson, former mayor turned activist, said she was concerned that the three City Council members were able to vote on whether or not to fund a legal defense of the city’s actions, and said the city attorney cannot file an appeal without the council’s approval.

Bronson said these assertions are misinformation, as the city has authorized its attorney to act on its behalf since May 9, with a city update on the lawsuit further clarifying Rushing’s votes related to the recall.

“Although the city maintains its position and is concerned about the precedent this ruling sets, the City Council has decided to withdraw the city’s appeal to the Superior Court ruling to avoid further delay and the costs of a special election,” the city’s update read. “All actions taken by Council regarding this matter in closed session, as properly reported out in open session, confirm that contrary to Grover H2O’s assertions, Council Member Rushing did not participate in this vote or in previous votes related to his recall petition.”

GroverH2O looking to change city clerk election rules

Peterson said in addition to its recall efforts, Grover H2O has another initiative related to the recall petitions in the works: changing the way Grover Beach’s city clerk is chosen.

In California, 86 out of 478 incorporated cities use an election to select its city clerk. Paso Robles is the only San Luis Obispo County city that uses elections to select its city clerk, with all other cities leaving the selection up to its city manager.

Peterson said GroverH2O started working in April on a petition to change Grover Beach’s city manager selection process to an election model and isn’t “married to an outcome.”

She also said the group wasn’t pursuing that initiative in the short-term, as it wouldn’t be eligible for the 2024 ballot.

Bronson said regardless of whether proponents aimed to get the initiative on a 2024 or 2026 ballot, a special election would need to be held to change the rule, and another would be held no later than 90 days after the adoption of the measure.

Peterson said there are advantages and disadvantages to both ways of selecting a clerk, citing the possibility of selecting an unqualified candidate as a realistic potential outcome of holding elections.

“The advantage and what I know is attractive to people who are signing the petition is that there’s a conflict of interest when the city clerk is appointed by the city manager or a city council, because then their allegiance is to their employer,” Peterson said. “As the elections official, the City Clerk’s allegiance needs to be to the election process.”