KSEE24/CBS47

‘Will of the voters’ honored after judge orders leaders to step down in Avenal recall

AVENAL, Calif. (KSEE/KGPE) – The months-long fight over who will sit on Avenal’s city council could finally be coming to an end tonight. A Kings County judge issued a final order for the recalled city council members to step down. Attorney Oshea Orchid with Orchid Law said Monday’s ruling is finally honoring what the voters want.“To see these people unlawfully hold office and refuse to step down was really egregious. And so we are all really happy to see today that the court understands exactly what took place and understands that the most important thing is the will of the voters,” Orchid said.

The fight started before votes were cast when the city filed a lawsuit against the county, trying to keep voters from getting ballots in the first place. The April 28 election was certified in May, but the four recalled officials didn’t step down and instead held a meeting where they voted to keep themselves in office. They also kept spending city money. 

“What the County will not do is disregard the voters simply because the outcome is inconvenient for the City,” Kings County officials said in a statement Monday.

“The County has consistently maintained that the recall election was valid, that the voters’
decision must be given effect, and that the four offices became vacant upon certification.
The City, however, chose a different course. Rather than accepting the certified results and
allowing the statutory process to move forward, the City continued to treat recalled officials as
members of the Council and purported to declare the election ‘unlawful and ineffective.’ That
position was never a substitute for a court judgment, and now that the quo warranto litigation has reached a final ruling, it certainly cannot serve as one. Four officials who were removed by the voters cannot simply continue exercising governmental authority because the City Council prefers a different outcome,” the county also said.

Avenal City Manager Antony Lopez confirmed with YourCentralValley.com that each elected official will step down.

“The City fought these cases to defend Avenal’s autonomy and local control. Allowing a county to assume authority over a city election without the required legal authorization can create a dangerous precedent for other cities throughout California,” Lopez said in a press release.

He continued, saying that while policymaking may take a break, fire, police, water, sewer, payroll, and public works services will continue without a quorum of elected officials in office. 

Now, many of those behind the recall fight are gearing up to run for the offices they fought so hard to remove the current leaders from. 

“We need to let them know that, that they matter. And that’s where we stand. That’s the reason why we did our recall, because our community matters to us, Ginger Wallis, who is running for election, said.

The judge also ruled Monday that the mayor can run for a new term in November. The city manager also said council meetings and city business that requires a vote from the council will be on pause until after the election as well. 

To read the full statement from Kings County, click here.