Mission Viejo ordered to pay $700k in legal fees for term limit lawsuits by judge.
Mission Viejo Faces Potential $700,000 Legal Fee in Lawsuit Over Councilmembers’ Terms
Mission Viejo, California, is at risk of paying up to $700,000 in legal fees to a resident who sued the city, claiming that all of its councilmembers unlawfully extended their terms in office.
Orange County Superior Court Judge Walter Schwarm recently ordered the city to pay over $715,000 to Mission Viejo resident Michael Schlesinger. This ruling was made in four separate orders, with the most recent one issued on October 6.
Last year, Mr. Schlesinger brought two lawsuits against the city challenging the terms of councilors who were elected in 2018 and 2020 during the city’s transition from at-large to district voting.
Related Stories
Rancho Mission Viejo Rodeo Shut Down by Livestock Virus
8/4/2023
Mission Viejo Approves Plans for New Facility Building, Event Space
3/28/2023
In one lawsuit, Judge Schwarm ruled in August 2022 to remove councilors Ed Sachs, Greg Raths, and Wendy Bucknam from office. In the second lawsuit, he argued that councilors Trish Kelley and Brian Goodell should also be included on the 2022 ballot in response to the legal challenges.
Mr. Raths and Mr. Sachs were defeated by newcomers in the November 2022 election, while Ms. Bucknam, Ms. Kelley, and Mr. Goodell were reelected.
Mission Viejo City Attorney Bill Curley stated that the city has appealed the judge’s decision to remove councilors Sachs, Raths, and Bucknam from office. The ruling from the appeals court is expected in December.
Curley also indicated that the city may appeal the second lawsuit at a later date.
Mr. Schlesinger expressed satisfaction with Judge Schwarm’s order in the first lawsuit, stating that it “vindicates” his efforts to hold the city and the council accountable. He criticized the councilmembers for attempting to deprive citizens of their voting rights and commended the consequences they are facing.
The legal dispute arose from a settlement that required the city to transition from an at-large system to district elections. A lawsuit in 2018 claimed that the at-large system disenfranchised Latino voters and violated the California Voting Rights Act.
As a result of the switch to district elections, the councilors’ terms were extended from two to four years. This meant that Sachs, Raths, and Bucknam, who were elected in 2018, were supposed to appear on the ballot in 2022 instead of 2020. Kelley and Goodell, elected in 2020, would have been up for reelection in 2024.
In April 2022, Schlesinger filed a lawsuit arguing that Kelley and Goodell should also be included on the 2022 ballot. In July, Judge Schwarm ruled in favor of Schlesinger, requiring all five city councilors to appear on the November ballot.
In May, Schlesinger filed a quo warranto, a legal request to test the legitimacy of holding public office, to remove Sachs, Raths, and Bucknam from office due to expired terms. The request was approved by state Attorney General Rob Bonta, but an appellate court halted their removal after the councilors appealed.
What are the potential financial implications for the city of Mission Viejo as a result of the awarded legal fees
Ass=”media”>
According to the city attorney, William H. Curley III, the total amount of legal fees awarded to Mr. Schlesinger is currently approximately $715,000. However, the precise amount that the city will have to pay is still subject to additional legal proceedings.
The lawsuits brought by Mr. Schlesinger were centered around the city’s transition from at-large to district voting. This change was implemented in response to a demand letter sent to the city in 2017 by a civil rights advocacy group, which alleged that the at-large voting system was in violation of the California Voting Rights Act. The letter claimed that the at-large system resulted in vote dilution, preventing minority candidates from being elected to the city council.
In response to this demand letter, the city of Mission Viejo agreed to transition to a district-based voting system. The purpose of this change was to ensure that each district had representation that accurately reflected its population and demographics. The city subsequently held elections in 2018 and 2020 to elect councilmembers representing specific districts.
However, Mr. Schlesinger argued that the transition process was conducted unlawfully, and that the councilmembers elected in 2018 and 2020 had extended their terms in office beyond the legally permissible duration. He claimed that the councilmembers’ terms should have ended in 2020, when the city transitioned to district voting, rather than in 2022 or beyond.
Judge Schwarm agreed with Mr. Schlesinger’s argument in his ruling. He determined that the councilmembers’ terms were unlawfully extended and ordered the removal of certain councilors from office. The judge also emphasized the importance of adhering to the prescribed election timeline and criticized the city for not adequately addressing the potential legal issues associated with the transition process.
The legal fees awarded to Mr. Schlesinger in these lawsuits pose a significant financial burden for the city of Mission Viejo. The $700,000 potential payment could impact the city’s budget and potentially require adjustments in other areas to accommodate the expense.
As the legal proceedings continue, it remains uncertain how much the city will ultimately be required to pay. The city attorney stated that the council will further evaluate the situation and explore potential avenues for resolution.
Mission Viejo’s experience serves as a cautionary tale for other municipalities considering a transition from at-large to district voting. It highlights the importance of ensuring that such transitions are conducted properly and in compliance with applicable laws to avoid costly legal challenges.
Ultimately, the city of Mission Viejo must now confront the consequences of its mishandled transition process. The potential $700,000 legal fee serves as a reminder of the importance of adhering to legal requirements and engaging in thorough planning and consideration when implementing significant changes to the electoral system.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
Now loading...