Turmoil continues at Poway City Hall as resident asks AG to overturn council appointment

State of Play: Hiram Soto, who ran in 2022 to represent Poway's District 1, alleges the Jan. 21 appointment of Christopher Pikus to the seat was invalid because former Council member Brian Pepin participated in it.

• Soto and attorney Cory Briggs argue Pepin, who resigned from the seat in November, no longer lived in the district during the appointing process making him ineligible to vote on his replacement.

How it works: On Tuesday, Soto served city officials and Pikus with the so-called "quo warranto" application he submitted to the AG seeking Pikus' removal.

• The city now has 15-20 days to send its response to the AG, after which Soto has 10 days to issue another response, before the AG determines if the complaint is sufficient to go forward.

Zoom in: Soto's complaint argues Pepin stopped living at his Poway home last year, making him ineligible to serve on the council.

• "Termination of residency in a district by a member of the City Council shall create an immediate vacancy" unless the official relocates in the district within 30 days, Poway's municipal code reads.

The other side: Poway's city attorney already completed a legal analysis of the question, because the accusation was first submitted in January, ahead of Pikus' appointment.

• That analysis relied on California law to conclude Pepin was still eligible despite vacating his residence because he had not yet established a new residence.
• "Even if a voter has left his residence with the intention not to return to it, that residence remains his domicile as long as he has not acquired a new one," reads a 1988 ruling cited in the analysis.

Between the lines: Briggs, in an interview with Axios, argues the city attorney's analysis looks at how the state handles a voters' residence rather than relying on the municipal code's language.

• "He's basically moving the situation along by looking at a different body of law, and saying, 'because we do this with voting, we'll do this with holding public office,'" Briggs said. "But then why not just write that when you write the municipal code?"

What they're saying: Rene Carmichael, a spokesperson for Poway's city manager, pointed Axios to the city attorney's legal analysis when asked for a statement, and emphasized that Soto so far has only asked the AG for permission to sue.

• "There is no lawsuit at this point," the statement read. "The city is currently reviewing the information provided and will respond within the legal timeframe permitted."

Zoom out: Soto's attempt to reverse Pikus' appointment is the latest in a series of controversies in the normally-quiet suburb.

• City officials alleged that another council member, Tony Blain, issued recall threats and attempted to vote trade over the appointment, a possible violation of state law.
• City attorney Alan Fenstermacher at an open meeting then accused Blain of harassment and bullying.
• Blain was censured by his colleagues over both instances earlier this month, a first in Poway.