This California Town Voted Its Council Out of Office. They’re Refusing to Leave.

In Avenal, California, a small community near Fresno, four of its five City Council members, including Mayor Alvaro Preciado, Leticia Gamez, David Reynosa, and Pablo Hernandez, were recalled by voters in a special election held on April 28. Despite Kings County certifying the results in May, with over 75% of voters supporting the recall for each official, the recalled members are refusing to vacate their positions. They contend that the recall election was illegally conducted by the county, arguing that only the city has the jurisdiction to call such an election.

This refusal to step down has led to an ongoing legal dispute. Kings County District Attorney Sarah Hacker and Sheriff Dave Putnam issued a cease-and-desist letter on June 5, stating that the recalled officials are unlawfully in office and are prohibited from spending public funds. This created a peculiar situation, as it's unclear how the city can sue the county under these spending restrictions. The district attorney has warned that criminal codes could be invoked if public funds continue to be spent by the unauthorized members.

The initial push for the recall stemmed from a controversial decision by the council to establish its own fire department and hire a chief, which was projected to significantly increase annual fire fees. The dispute was further fueled when the Kings County Board of Supervisors terminated Avenal's fire services agreement after disagreements over safety issues at a city-hosted boxing venue.

To physically remove the officials, a legal process known as "quo warranto" is underway. This process, which requires approval from the California Attorney General, challenges an individual's right to hold public office. Attorney General Rob Bonta's office recently authorized this action, clearing the way for recall advocates to file a lawsuit in state superior court. Election law expert Brian Hildreth notes that while the process is thorough, it can be slow, potentially taking a year or more. The ongoing saga has left the city in a state of paralysis, as the single remaining council member cannot form a quorum to conduct official city business, pass new policies, or appoint replacements.