Unclear Bylaw Causes Confusion Over Voting Out Member

The Rancho Bernardo Planning Board took a vote Tuesday evening to remove one of its members after she went behind the group's back last year—but not without some major confusion and unclear votes.

According to city law, the planning group is required to have a two-thirds major vote when ousting a member. Two group members were absent at the March 5 meeting at the RB Swim and Tennis club, leaving 15 voting members.

After Robin Kaufman gave her testimony, in which she admitted to asking the Rancho Bernardo Community Foundation not to award the planning board a grant because it was not complying with city and state open meeting laws, supporters and opposers from the audience were able to speak.

[See: RB Planning Board Tables Vote on Removing Robin Kaufman]

Four people spoke out in support of Kaufman, calling her "important" and "accomplished" in the Rancho Bernardo community.

One public speaker said that though Kaufman does a lot for the neighborhood, she still went against the board and was in the "wrong."

Planning group chair Teri Denlinger said Kaufman has "self-motivated" ways and board member Jeannie Foulkrod called her actions "disrespectful."

After almost an hour discussion, ballots were cast and counted by two audience members. City law states that in order remove a group member, votes must be two-thirds of the present group.

The final tally was 9 "yes" votes, 4 "no" votes and 2 abstentions.

After much chatter and confusion, with no clear direction, Denlinger announced that the two abstentions wouldn't count as votes, thus satisfying the two-thirds vote (9 out of 13).

Kaufman argued that abstentions count, requiring 10 votes majority to satisfy the two-thirds requirement. However, Denlinger called the vote and told Patch after the meeting that Kaufman was effectively removed from the board.

Kaufman cannot appeal the group's vote, but Denlinger said if the city says anything about their decision, they will "follow the city" and its ordinances.

The chair told Patch that the laws are "all up for interpretation."

"This isn't pleasant," Denlinger said. "It's really too bad... we know [Kaufman] is very supportive and does very wonderful things for the community."

Denlinger said Kaufman's absence will now open up a spot on the planning group. Interested members of the public can come before the board to bid for the seat, including, the group leader said, Kaufman.