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4d ago

Judge Orders Recalled Avenal Officials to Leave Office After Months of Defiance

The ruling clears certified April recall results and leaves the city council without a quorum until November, forcing many decisions to be put on hold.

Four City Council members in Avenal had for months refused to step down after a recall. They include Mayor Alvaro Preciado, center, shown in a file photo presiding over a city council meeting. 
An image collage containing 3 images, Image 1 shows An entrance sign for Avenal, Oasis in the Sun, with mountains in the background and cars on a street, Image 2 shows A man with glasses and a mustache sits at a table, writing, with a microphone in front of him, Image 3 shows Ginger Wallis speaking to reporters as "Avenal Recall Organizer" with four other people standing behind her

Overview

  • Voters removed four of Avenal’s five council members in an April special election that county officials later certified, and a court has now found those seats vacant because the recalled officials continued to act in office.
  • The recalled mayor and three council members kept attending meetings and voted on city business after certification, including a June vote to retain their seats and approval of the city budget, which prompted recall backers to seek a court challenge.
  • Recall supporters used a quo warranto action, a legal tool that asks a court to decide whether someone is lawfully holding public office, and the state attorney general authorized the filing that led to the trial court ruling.
  • Avenal’s city manager said the four officials will step down immediately, leaving only one seated council member and no quorum so the council cannot hold meetings or make major decisions until the Nov. 3 election.
  • The court allowed recalled Mayor Alvaro Preciado to run in November and the recalled officials have said they may appeal parts of the ruling after the election, a move that could extend legal uncertainty for city services tied to fire protection and budgeting.