Four Avenal, California, officials who remained in power after voters recalled them in April are “not lawfully” holding office, a judge ruled Monday, bringing a legal rebuke to one of the state’s most unusual local election controversies.
Kings County Judge Jennifer Giuliani said recalled Mayor Alvaro Preciado and city council members Leticia Gamez, Pablo Hernandez, and David Reynosa had occupied offices that had been vacant since Kings County certified the recall results on May 28. The ruling follows months in which the officials challenged the election’s legality and continued participating in city government despite recall votes.
“The ultimate issue is not close,” Giuliani wrote. “The court must uphold the will of the electorate, and Avenal voters have spoken decisively.”
The April 28 special election removed four of the five members of Avenal’s city council, with each recall receiving at least 70% support. The effort was driven largely by controversy over changes to the city’s fire-protection arrangements.
Avenal is home to roughly 13,000 people, with about one-quarter of its population housed at Avenal State Prison, one of the area’s largest employers. The city’s economy is also heavily tied to agriculture, and more than 80% of residents are Latino.
The recalled officials argued that the election should be invalid because Kings County, rather than the city, conducted it. They had sought to stop the recall before Election Day, but California’s Fifth District Court of Appeal declined to intervene.
After the county certified the vote, Preciado, Gamez, and Hernandez continued to attend council meetings and vote on city business. At a June 11 meeting, the three voted to retain their own seats and approved the city budget, even as recall supporters presented a restraining-order request seeking their removal. Reynosa, the fourth recalled council member, was absent from that meeting.
The dispute prompted recall supporters to pursue a quo warranto action, an uncommon legal procedure used to challenge whether someone is lawfully occupying public office. California Attorney General Rob Bonta got involved and authorized the action, allowing the court challenge to proceed.
In her ruling, Giuliani acknowledged a procedural irregularity in the election process but found it neither affected the outcome nor justified overriding the vote.
“To hold otherwise,” she wrote, would “thwart the democratic will.”
Antony Lopez, Avenal’s city manager, said the city would comply with the ruling and that the four officials planned to step down immediately.
“We respect the court’s decision,” Lopez said in a statement. “We also believe today confirms that the city was right to bring these questions before a court rather than simply surrender its municipal authority.”
RECALLED CALIFORNIA CITY COUNCIL MEMBERS DIG IN AS LEGAL BATTLE ESCALATES
Lopez, who is not elected but has publicly sided with the recalled officials, said Avenal would be left with only one sitting council member. Without a quorum, the council will be unable to hold meetings until after the Nov. 3 general election.
The court also ruled that Preciado may run on the November ballot, despite being recalled earlier this year. A city lawyer said the recalled officials may appeal portions of the ruling after the election.