Avenal disputes Kings County DA’s cease-and-desist order over recall
The city of Avenal says the Kings County District Attorney’s Office has no authority to tell the City Council it can’t spend public funds, nor does the DA have the power to get involved in an unresolved civil dispute.
The District Attorney’s Office notified Avenal last week to cease and desist from spending any public funds without legal authorization after voters recalled four City Council members in an April 28 special election. The letter was delivered on Thursday.
District Attorney Sarah Hacker said the city refused to acknowledge the election results when the registrar of voters delivered them in person on May 28. The city maintains that the recall process was conducted unlawfully, that municipal elections must be conducted only by authorized city officials.
Avenal special counsel Michael Colantuono sent Hacker a letter Friday evening, in response to the June 4 cease-and-desist demand.
Early that day, Hacker and the county Sheriff’s Office held a press conference in Hanford regarding the absence of legal quorum on the Avenal City Council. Only one council member lawfully sits on the City Council, Hacker said.
At the press conference, the Sheriff’s Office reiterated its support for the will of the voters and its readiness to assist in enforcing the law.
Colantuono said in his letter that the presence of the sheriff at Hacker’s press conference was an “attempt to criminalize political disputes.” He said the District Attorney’s Office can’t be viewed as a “neutral” party because its budget depends on the Board of Supervisors, the city’s adversary in the dispute.
In the letter, Colantuono asked Hacker to refer the matter to the California Attorney General’s Office, which has been aware of the situation.
During the press conference, Hacker said her office received a letter from the AG’s Office saying it wouldn’t step in at this point and the matter should be handled at the local level.
“The dispute regarding the legality of the April 28, 2026, recall election, and whether the four councilmembers at issue in that election are lawful members of the Avenal City Council, is best resolved by interested local officials or residents through the quo warranto process,” said the AG’s letter, which also was sent to Avenal city officials.
A quo warranto proceeding is a legal action used to challenge an individual’s right to hold a public or corporate office.
“The county hoped the attorney general would step in and handle the situation,” county Executive Officer Kyria Martinez,told The Fresno Bee on Tuesday. “Since the attorney general has declined to do so, the county is evaluating options. Sarah is an elected official and has her constitutional authorities that are separate from the county Board of Supervisors.”
Under California law, the exclusive way to challenge an official’s legal right to hold public office is ordinarily through a quo warranto lawsuit. Before filing a quo warranto suit against a public official, a party must receive approval from the attorney general.
Colantuono sent a separate letter to the Attorney General’s Office Friday evening saying the city will “happily respond to any application for leave to sue in quo warranto as your office’s regulations allow.”
However, “the public interest will not be served by litigating the two seats to be filled at the November election,” Colantuono continued, referring to two of the recalled council members, whose terms end this fall.
The recall election was certified by the county’s registrar of voters on May 28. The recall had more than 73% voter approval. The recall ballot included Councilmembers Leticia Gamez, David Reynosa and Pablo Hernandez and Mayor Alvaro Preciado. The city has 2,346 registered voters, and voter turnout was 30.43%.
Preciado’s and Hernandez’s terms expire in November. Gamez’s and Reynosa’s terms expire in 2028. Ricardo Verdugo was the only council member not being recalled. His term expires in November 2028. City Council members are elected at large for four-year terms.
The ballots were sequestered for 17 days pending an appeal, pausing counts while the Fifth District Court of Appeal in Fresno reviewed the election’s legality. On May 13, the appeals court ordered the Kings County registrar to process the ballots and move toward certification.
Preciado told The Bee on Friday that the council will review the results and related documentation at the June 11 council meeting and decide whether to accept or reject the recall election results.
Hacker said the recalled four council members were advised to step down and the city was warned against illegal expenditures.
This story was originally published June 9, 2026 at 5:32 PM with the headline "Avenal disputes Kings County DA’s cease-and-desist order over recall."
