QUO WARRANTO DENIED

The Quo Warranto filed by HQH and Arcadia Voter's Rights Group on behalf of the Attorney General Rob Bonta was denied on October 4, 2022.


The Court found that the Council had the authority under its Charter to appoint a Councilmember to fill the vacancy created by Councilmember Roger Chandler's death last year.


HQH/Arcadia Voter's Rights Group may appeal the decision.


This was the 3rd lawsuit filed against the City after the vote on the district map of April 5, 2022. HQH had threatened to sue the City if the Council did not select the map it preferred which preserved a seat for Councilmember Sho Tay.  In an effort to retaliate against Councilmember Danielson for being a part of a 3-2 vote on a different map, HQH attempted to have Councilmember Danielson removed from office.  Councilmember Danielson had been unanimously appointed by City Council earlier this year to fill Councilmember Roger Chandler's seat.


The 1st lawsuit was filed by a D3 voter on behalf of Sho Tay against the City in order to defy the Charter's term limits and run for a third consecutive term in November.  This lawsuit was denied in July. 


The 2nd lawsuit was filed, shortly thereafter, by HQH/Arcadia Voter's Rights Group in an effort to reverse the Council's decision on the District Map. Councilmember Sho Tay wanted a map which preserve district boundaries for his seat. Councilmember Sho Tay and Mayor Pro Tem Paul Cheng now both live in District 4.  The map adopted by a 3-2 vote of City Council complied with the law, creating 4 Asian majority districts.  This lawsuit is still pending and will be heard next year.


The tentative will be the order of the Court and you can read it in full here (just click on the picture of the first page):

COSTS OF 1ST LAWSUIT FILED ON BEHALF OF SHO TAY

The 1st lawsuit filed on behalf of Councilmember Sho Tay seeking a 3rd term in violation of the City's term limits, cost taxpayers approximately $50,000 in legal fees. The law does not provide recovery of the City's attorney fees and costs from the losing party.


Pictured to the left is Councilmember Sho Tay with former President of the Arcadia Chinese Association, Diana Chang, who filed the lawsuit on Tay's behalf.


The Council's Litigation Sub-Committee, comprised of Mayor Tom Beck and myself, tried to minimize the costs to the City as much as possible. But, due to Councilmember Sho Tay's purely selfish motivations, the City was forced to defend the City Charter's term limits, wasting valuable taxpayer dollars.


Never, in the City's 119 year history have we had a single councilmember cause so much waste. He is not acting in the City's best interest, but motivated by his own personal ambition to remain on City Council indefinitely.

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April A. Verlato

Council Member

City of Arcadia

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