TUSTIN : Voting Challenges May Be Postponed

A hearing on whether former Tustin Councilman Ronald B. Hoesterey was entitled to vote at his last meeting may be postponed at the request of Gregory A. Hile, attorney for Councilmen Earl J. Prescott and John Kelly.

Kelly and Prescott brought the suit against Hoesterey on Nov. 20, challenging his right to vote at that night’s meeting because they said he had already moved from Tustin. Hoesterey, who has since resigned, maintains that he was still a resident.

Hoesterey’s vote that night was crucial when the council acted to move municipal elections up from November to April. In addition, he helped select a new mayor and voted on a contract for the city manager.

A Superior Court judge refused to issue a temporary restraining order to prevent Hoesterey from voting but agreed to review the issue Wednesday.

Hile said Thursday that he will request a continuance or refile the lawsuit.

Hoesterey’s attorney, Spencer E. Covert Jr., said the lawsuit is not the proper avenue for the dispute because a challenge to a person’s right to hold public office should be handled by the state attorney general’s office.

Hile said he has been trying to work with the attorney general’s office and will probably ask for a continuance until it is clear whether the office will make such a challenge or authorize him to do so.

Hile said he sent an application to begin such proceedings last week.

Assistant Atty. Gen. Jack R. Winkler, head of the unit that handles such challenges, said Thursday that he is not aware of any application from Tustin.

“It may have gone to someone else, but it should have gotten routed to me,” Winkler said. “All the others have. I don’t know why this one wouldn’t.”

Hile said he does not recall whom he contacted in the attorney general’s office.

If Kelly and Prescott prevail in court, the actions taken at the Nov. 20 meeting would be in jeopardy, Hile said.

“At some point there will be litigation trying to set aside the actions the council took Nov. 20,” he said.