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Judge declares Avenal officials serving after recall unlawfully in office

A California judge ruled that four Avenal officials who stayed in office after an April recall are not legally holding their positions.

In a Monday decision, Kings County Judge Jennifer Giuliani concluded that four Avenal officials who refused to vacate their posts after an April recall are not lawfully holding office. The recalled officials—Mayor Alvaro Preciado and council members Leticia Gamez, Pablo Hernandez and David Reynosa—had remained in their positions despite the county certifying the recall on May 28. The special election had ousted four of five council seats with at least 70% of voters supporting each recall, largely over controversy surrounding the city’s fire-protection system.

The officials argued the vote was invalid because the county, not the city, administered it, but the court found the procedural issue did not overturn the result. City manager Antony Lopez announced the four will step down at once, leaving the council without a quorum until after the Nov. 3 general election. Giuliani also ruled that Preciado may run in the upcoming November ballot, and the officials may appeal parts of the decision.

Why it matters

The ruling upholds voters' ability to remove local officials and temporarily halts Avenal's council operations.

In this story

recall electionunlawful officeAvenal councilfire-protection disputequorumcourt rulingvoter will
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