What's at stake?

Three members of the Orosi Public Utilities District board submitted written resignations following a letter from the California attorney general calling for their removal by noon of Jan. 17.

Three disputed members of the Orosi Public Utilities District (OPUD) board resigned from their seats Friday following a letter from California Attorney General Rob Bonta calling for the members to vacate their seats.

In a Jan. 14 letter to the Orosi Public Utilities District (OPUD), Bonta’s office acknowledged that former board members Reynaldo Rivas, Maria C. Gonzalez, and Johnny Sandoval dispute the results of the Nov. 5, 2024, election.

Efforts to reach Rivas, Gonzalez and Sandoval were not immediately successful.

Attorney Moses Diaz declined to comment on the record, but shared an email with Fresnoland confirming the resignations Friday. Diaz is the Visalia-based attorney who has been communicating with county elections officials on behalf of the disputed board members.

The letter from Bonta’s office was co-signed by California Secretary of State’s Office and included a deadline of noon Friday, Jan. 17 to respond with “written confirmation” that the three disputed board members “will no longer assert their entitlement to serve as members of the Board.”

“We understand that Mr. Rivas, Ms. Gonzalez, and Mr. Sandoval assert that the November 5, 2024 election is “null and void” and that they intend to continue to serve in their roles as members of the OPUD Board until such time as a new election is held,” attorneys said in the letter. “They are wrong.”

But by lunchtime Friday, Diaz told the state his clients were stepping aside.

“At this point there is no need for the State to take legal action against the three individuals cited in your January 14, 2025 letter pertaining to the disputed seats on the District’s governing body, because they have submitted written resignations from the disputed seats.”

How did we get here?

According to the certified results, Rivas lost to Serafin Alejandro Brito, 575 votes to 393 – about 59% to nearly 41%.

Gonzalez lost to Nancy Cerda Serna, 638 votes to 341, about 65% to nearly 35%. 

And Sandoval lost to Angela Ruiz-Alvarez 726 votes to 240, about 75% to almost 25%.

According to written communications between the Orosi board’s attorney and the Tulare County Office of the County Counsel obtained by Fresnoland, the three disputed board members claim that a variety of “irregularities” affecting as many as 213 ballots should disqualify the results and a second election should take place.

The board, including the three disputed members, voted unanimously in late November that the results of the general election were “null and void” and sent formal demand letters to the Tulare County Registrar of Voters.

The county counsel, speaking on behalf of the Registrar of Voters, acknowledged the disputed ballots on Dec. 3, but said any fault would lie at the hands of the Orosi District, which county counsel Jennifer Flores said submitted an inaccurate election boundaries map that was only discovered after voting had already begun.

“The Registrar’s office learned on November 5, 2024 that the map provided by the district was not accurate. The District’s failure to provide an accurate map resulted in ballots for 213 registered voters being printed and distributed without the three elections for District Board of Director seats,” Flores wrote in a letter on Dec. 3.

In a previous letter on Dec. 2, the county counsel also denied the district’s request for a new election and said the statutes cited by the board backing their claims don’t hold up.

County officials  — and the California Secretary of State and Attorney General — also noted the disputed board members failed to file their disputed claims with the relevant agencies. 

“No election contest was filed challenging the election, and the time to bring such a challenge has expired,” Bonta’s office said in the letter. “The election was lawful and is now certified.”

The attorney general also dismissed the idea that the board members even had the legal authority to rescind election results and refuse to vacate office.

“The California Department of Justice confirmed that our election was lawful and (the) results correctly certified. We appreciate their letter and the respect for the will of the people and community of Orosi,” said Jennifer Fawkes, a public information officer for Tulare County. “It is time for new board members to take their seats and serve their community.” 

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Diego Vargas is the education equity reporter for Fresnoland and a Report for America corps member.

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