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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 8 findings
F1
José Castañeda is currently serving a four-year term, until the end of 2016, as one of the seven elected members of the Salinas City Council. He was elected to the Council in No- vember 2012 to represent District 1.
No recommendations for this finding
F2
At the time of his election to the City Council, José Castañeda was President and a long- term member of the Alisal Union School District Board of Trustees (“Alisal Board”).
No recommendations for this finding
F3
The law is clear that a person who is serving in a city as both a member of a school board and a member of the city’s council is holding incompatible offices and must resign the first office that he was elected to.
No recommendations for this finding
F4
Mr. Castañeda refused to resign from his position with the Alisal Board, forcing the City of Salinas to hire outside counsel to bring a court action (“the incompatible office case”) seeking an order to remove him from the Alisal Board.
No recommendations for this finding
F5
On September 20, 2013 a Judgment was entered in the incompatible office case removing Mr. Castañeda from his position with the Alisal Board and ordering him to pay a fine to the State of California in the sum of $5,000.
No recommendations for this finding
F6
The incompatible office case cost the City of Salinas the sum of $26,555 in legal fees.
No recommendations for this finding
F7
Mr. Castañeda has failed and refused to pay the $5,000 fine.
Related Recommendations (2)
R1
José Castañeda immediately pay the $5,000 fine that is outstanding in the incompatible of- fice case.
R2
The City of Salinas pursue the appropriate post-judgment proceedings in the incompatible office case to enforce payment of the $5,000 fine from José Castañeda to the State.
F8
Subsequent to the Judgment in the Action, the City began collection efforts, including a demand that Mr. Castañeda pay the $5,000 fine, but it gave up efforts when it was learned that he had no attachable assets and he had other civil judgments against him.
No recommendations for this finding
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R3The City explore amending the City’s Charter to provide for the removal of a City Council Member upon conviction of a crime involving moral turpitude or the failure to pay a fine imposed by a court. 6
Conclusions 1
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CL1Unfortunately, a seemingly popular Salinas elected official has conducted himself after taking of- fice in manner that reflects poor legal and ethical decisions, if not a disrespect for the law. He should consider placing the incompatible office difficulties behind him by paying the $5,000 fine without costing the City any further legal expense.