Huntington Park City Council fills seat of former member suing over her removal
The Huntington Park City Council has chosen a local civil service commissioner to replace former Councilmember Esmeralda Castillo, whose seat was declared vacant after a probe determined she was not living in the city.
Wednesday's appointment comes several days after a California appeals court issued a stay on a Los Angeles Superior Court judge's restraining order that had prevented the city from filling the seat.
Castillo requested the restraining order as part of a civil lawsuit she filed against the city in February, in which she claims she was illegally removed from office.
Her attorney, Albert Robles, said he was not surprised about the appointment — and claimed the city was violating his client's due process rights.
'Judge Barbara A. Meiers of the Los Angeles County Superior Court directly and unequivocally cautioned the City Council not to appoint a replacement and if they did so, it would be 'at their own peril,'' he said in a written statement. 'Yet despite this judicial warning, and despite multiple members of the public attempting to alert the City Council during public comment, they proceeded in known defiance.'
Read more: In scandal-plagued Huntington Park, the abrupt ouster of a council member raises alarms
Huntington Park officials said they're committed to due process and transparency. They also say they respect Castillo's right to seek judicial review of the council's decision.
'However, it is important to clarify that the council's action to declare the seat vacant was taken in accordance with longstanding state and municipal laws, which require elected officials to live in the city while serving in public office,' the statement read. "This determination followed public complaints and an independent investigation conducted by the Huntington Park Police Department. The investigation — based on documentation, verified evidence, and witness statements — substantiated that the former councilmember no longer resides in the [city]."
By appointing a new council member, Huntington Park Mayor Arturo Flores said the city was upholding its laws and the interests of its citizens.
'Any attempt to discredit this legal process is an attack on our democratic institutions and we must not stand for it,' he said.
At least 29 candidates sought to fill the vacant seat. The council's eventual pick was Nancy Martiz, a member of the Huntington Park Civil Service Commission that advises the city on equitable hiring practices.
Her biography posted on the city's website says she "brings a strong community foundation and over 15 years of public and private sector experience to the Council."
Martiz, according to the city, graduated from South Gate High School in 2004 and holds a double bachelor's degree in government and American studies from Smith College. She also earned a master's degree in public administration and policy from Cal State Long Beach and has worked for the South Gate city attorney's office and Los Angeles mayor's office, according to her bio.
Martiz could not immediately be reached for comment.
Her appointment is the latest wrinkle in the ongoing legal dispute over Castillo's controversial removal from office on Feb. 18, when the results of the city's residency investigation were revealed to civic leaders in a closed-door meeting. The council subsequently declared her seat vacant on Feb. 24 and sought candidates to replace her.
Two days later, investigators with the L.A. County district attorney's office executed search warrants at the homes of then-Mayor Karina Macias, Councilman Eduardo 'Eddie' Martinez and City Manager Ricardo Reyes. Search warrants were also executed at the homes of two former council members, a contractor and a consultant.
The warrants were part of what's been dubbed Operation Dirty Pond, a probe into the alleged misuse of taxpayer funds allocated for a $24-million aquatic center that hasn't been built. No one has been charged.
Read more: Huntington Park was promised a $24-million pool complex. It was never built. Where did the money go?
Robles said Castillo's removal was not only unlawful but politically motivated, because she had filed a formal complaint with the city against three council members and the city manager.
'Here, defendants not only acted as judge, jury and executioner, but to further highlight defendants' self-directed unjust political power grab, [they] also conducted the investigation,' Castillo alleged in her suit.
Andrew Sarega, the attorney who was hired to oversee the city's inquiry, said Huntington Park police investigators looked into Castillo's residency months before she filed her grievance.
He said a complaint was also filed in August with the L.A. County district attorney's office, which declined to take the case after it determined the issue was a civil matter, not a criminal one, according to an email obtained by The Times.
Huntington Park authorities say they launched their investigation into Castillo in November, after the city manager received complaints alleging she was not living in the city.
Read more: 'It's a tale as old as time': Huntington Park residents lambaste leaders over corruption probe
The investigation included surveillance, court-approved GPS tracking and search warrants at Castillo's Huntington Park apartment and her parents' home in South Gate. Investigators also interviewed five witnesses, including Castillo, according to Sarega.
He said investigators tracked Castillo's vehicle for a month in January and found that she had only stayed at the Huntington Park apartment once. Someone else was living there, but Castillo had mail sent there, too, Sarega said.
Robles said his client had been caring for her ailing parents while maintaining a full-time residence in Huntington Park, which he said is permitted under state and city election laws.
Meiers, the Superior Court judge, issued a restraining order against the city on April 4 — prompting officials to file an appeal. California's 2nd District Court of Appeal granted the stay this week, just days before the city's 60-day deadline to fill the seat and avoid what would have been a costly special election.
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This story originally appeared in Los Angeles Times.
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