Kings County DA orders Avenal not to spend public funds after recall certification

Kings County District Attorney Sarah Hacker told reporters on May 28 that the Kings County Register of Voters certified the recall election results removing four of Avenal’s five city council members and that her office has formally notified the city to stop spending public funds without legal authorization.

Hacker said the recalled members lost by “over 73%,” that certified results were delivered in person to Avenal, and that city officials refused to acknowledge the outcome. “There is nothing more important for our government to uphold free and fair elections,” she said, and added her office “will not hesitate to use the full authority of the district attorney’s office to protect public funds, enforce state law, and to ensure that public officials operate within the boundaries of their legal authority.”

Kings County Sheriff Dave Putnam, who spoke after Hacker, said his office “echo[es]” the DA’s position and described the recalled council members as appearing to have no standing to conduct city business. Putnam said the sheriff’s office is prepared to cooperate with the DA and, if necessary, the state attorney general’s office.

Reporters asked whether the recalled council members risk arrest if they continue to try to perform city business. Putnam deferred to the district attorney for legal specifics; Hacker said criminal statutes could provide a basis for intervention if recalled officials continue to spend public funds without authorization but declined to describe specific actions she would take at this time.

Hacker said her office received a letter from the state attorney general’s office stating the matter should be handled locally and that the AG would not step in at this point. She also said there is no pending appeal at this time and that the press conference’s purpose was to recognize the election, reassure the public, and put the city of Avenal on formal notice.

Reporters asked additional practical questions — whether recalled members are still being paid, whether already-spent taxpayer dollars could be recovered, and how emergency spending or council meetings should proceed with only one lawful member. Hacker said she had not verified pay status, that recovery of spent funds and questions about emergency authority depend on facts and legal advice, and that she would not provide legal counsel in the press conference setting.

The DA’s office identified the formal notice to the city as a county enforcement step; no arrests or specific enforcement actions were announced at the press conference. Hacker and Putnam said county offices are available to assist as needed and that further action will depend on how city officials respond.

The press conference closed after brief remarks from both officials; no immediate change in city operations was announced and the county said it will monitor compliance and pursue legal remedies as warranted.