District Attorney Sarah Hacker and Sheriff Dave Putnam sent a cease-and-desist letter Friday, stating that only one current council member is legally authorized to authorize city spending.
"If they continue to spend public funds, there are criminal codes that allow us to intervene and step in," Hacker said.
The move follows certification of the special election by the Kings County Registrar of Voters. According to county officials, 73% of voters supported recalling four of the city's five council members, including Mayor Alvaro Preciado.
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Despite the certified results, the four recalled officials have refused to step down.
"You're on notice, you do not have authority, don't spend any public funds," Hacker said.
The recall comes after nearly a year of community unrest, with residents accusing the council of lacking transparency and being disrespectful to constituents. Avenal resident Dalila Barajas, who led the recall effort, said voters pushed for change.
"Avenel just got fed up and Avenel stood up, and I'm very proud of Avanade for doing that," Barajas said.
Preciado, however, disputes the validity of the election. He said he believes the recall was not legitimate and pointed to low voter turnout, which he said represented about 22% of registered voters.
"Right now, we disagree with the county and the DA's office, and even the sheriff's department. They think it's over, it's certified, it's not certified," Preciado said.
When asked about complying with the cease-and-desist order, Preciado said he planned to continue conducting city business, including holding the next scheduled council meeting.
"I haven't seen it. Did you receive a letter...?" Preciado said when first asked about the notice.
After staff confirmed the city had received the letter, he reaffirmed his stance.
"Yes, I feel that's my obligation..." Preciado said.
Preciado said the city plans to seek legal counsel to review the election results and hopes to have answers before the next city council meeting scheduled for later this week.
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