SALINAS, Calif.- "We have to deal with it because the Alisal School District has chosen not to," said Salinas Councilmember Kimbly Craig.
It was very heated at the Salinas City Council meeting on Tuesday night as they discussed the controversial issue of a councilmember, who also sits as a school board member in the same part of the city.
Last month the city sent a letter to the Alisal Union School Board, requesting an official opinion on Councilmember Jose Casteñeda being in both seats and whether there's an issue of incompatibility. The Alisal Union School Board, did respond to the city, but only by saying it won't look into the issue and will continue to focus on student education moving forward.
The big news at city council was that the majority of Jose Castañeda's fellow council members and the mayor, are deciding to move forward with filing a lawsuit with the California Attorney General's office to have Castañeda removed from his school board seat. That's based on the recommendation from outside, independent legal council.
"I think I'll have the last word as mayor," said Mayor Joe Gunter in response to a comment by Councilmember Jose Castañeda.
Major drama unfolded at Tuesday night's city council meeting as the mayor and council members discussed the issue of Councilmember Jose Castañeda's two publicly held seats. The crowd jeered and the mayor called the crowd to order, as Castañeda clearly stated he's not backing down.
"I am here whether you like it or not. I will continue to question the city attorney," Castañeda said.
The city paid Remcho, Johansen & Purcell, an independent law firm, about $7,500 to assess the issue of incompatible offices according to Governement Code 1099. The code is an opinion by the attorney general's office stating someone can't hold both seats at the same time, for geographical reasons and the potential for a conflict of interest in the future.
"In my opinion, there's a very strong, very clear authority saying that these two very specific positions that we're talking about are incompatible under the law," said lawyer Thomas Willis.
But Castaneda spoke with Central Coast News personally outside the meeting and said he's fighting for the people he represents.
"It's more of a distraction to other folks that are on the other end of the political spectrum," Castañeda said.
Councilmembers went back and forth sharing their varying opinions and concerns.
"Let me be clear, that it would not cost the city a dime if you have resigned your seat. This is not money that the council is spending, this is money that you're forcing the council to spend," Craig said.
"However I vote today, I am very displeased and I challenge Mr. Castaneda to do the right thing," said Councilmember Tony Barrera.
In a 4 to 2 vote, with Castañeda abstaining, the council will move forward with it's right to file a lawsuit with the attorney general's office, to try and remove Castañeda from his school board seat.
"They want to use public taxpayer money to do that and that's unfortunate," Castañeda said.
Castañeda is urging the city council members to use their own money to pay for a lawsuit instead of taking it out of the city's general fund. The city still has to get permission from the attorney general's office to even move forward with the process.
We also spoke with a citizen who plans to file a petition with the elections office on Wednesday to recall Mayor Joe Gunter because of the Castañeda issue. He said 22 people have signed the petition so far and they need ten percent of the city's population to sign it to get it on an upcoming ballot.
