California Judge Rules 4 Recalled Avenal Officials Unlawfully in Office

Q: Will the defiant politicians face prosecution for spending public funds after voters demanded their removal?

Not yet. The recalled Avenal officials have been warned they could face criminal consequences for spending public money after the May 28 certification, but no prosecution is reported in the materials provided. What has changed is that a judge has now ruled they were not lawfully serving after the recall and that their seats were effectively vacant once the results were certified. That strengthens the legal basis for any future review of actions they took afterward, including votes to authorize city spending. Before the ruling, Kings County District Attorney Sarah Hacker and Sheriff Dave Putnam publicly told the four recalled officials they had no authority to conduct city business or spend public funds. The DA sent a cease-and-desist letter and said there are criminal statutes that could be used if they continued. County officials also pointed to specific spending approvals, including roughly $270,000 approved at a May 28 meeting and earlier fire-department-related expenditures. Whether charges are actually filed will depend on prosecutors determining that the spending was unauthorized and met the elements of a criminal offense, such as misuse of public funds or acting without lawful authority. The articles do not show that such a charging decision has been made. So the immediate answer is that prosecution remains possible, and the judge’s ruling makes that threat more credible, but there is no indication yet that criminal charges have been filed.

3 articles · Updated · The New York Times · Aug 25

Four Avenal City Council members — including Mayor Alvaro Preciado — were ruled Monday to be unlawfully holding office, with their seats deemed vacant since results were certified on May 28.
Judge Jennifer Giuliani said the April recall reflected voters' will despite a procedural irregularity, rejecting the officials' argument that the election was unauthorized.
The four had stayed in office for months after the recall, turning the dispute into an unusually protracted California standoff over whether certified local election results had to be honored.
Preciado can still place his name on the ballot for Avenal's Nov. 3 general election, while the city manager said the ruling validated taking the dispute to court.