Comments on: Xavier Avila targeted for holding seats on Tulare hospital, cemetery boards

By: Tulare Cemetery Chair Xavier Avila Receives Cease and Desist Letter - Valley Voice

Tue, 11 Jan 2022 03:03:15 +0000

[…] has retained the Law Offices of Melo and Sarsfield as counsel. The firm has previously claimed Avila is in violation of state law by holding seats on both the cemetery board and the Tulare Local Healthcare District […]

By: Jeff singh

Jeff singh — Fri, 10 Sep 2021 20:13:34 +0000

It would seem to me that, ANYONE prior to Mr. Avila being appointed to either board, that held position on multiple boards , sets the rule on this? Find something more worthwhile to waste time and money!

By: Xavier Avila fights back against demand to step down - Valley Voice

Xavier Avila fights back against demand to step down - Valley Voice — Fri, 19 Mar 2021 09:10:45 +0000

[…] law firm of Melo and Sarsfield sent Avila a letter on March 3 stating that he was violating state law by holding seats on both the Tulare Local Healthcare […]

By: Pete

Pete — Tue, 09 Mar 2021 20:45:49 +0000

Personally I have trouble seeing how there is a conflict of interest, being on the two boards.
I think the stabbing in the cemetery is a poor example.
e.g. What if he owned a business (not related to health care) where someone was injured? Would it be a conflict of interest if the injured were sent to Tulare’s hospital? Should he be forced to sell the business to remain on the hospital board?

By: Linda

Linda — Fri, 05 Mar 2021 02:44:53 +0000

Question of the day: why did another Cemetery Board Member, Alberto Aguilar delivered the letter to the cemetery today? Was he representing the attorneys or himself. Sort of a conflict of interest for another sitting board member to do that I would think. Plus Alex Gutierrez went along to video it. Seriously!

By: Yolonda Allen

Yolonda Allen — Thu, 04 Mar 2021 22:34:48 +0000

Xavier Avila is an asset to the community in both positions that he serves on. To claim this is a conflict of interest is someone grasping at straws to control everything in our city.

As for the Valley Voice, you have turned into nothing but a liberal rag of reporting.

By: Linda

Linda — Thu, 04 Mar 2021 22:09:30 +0000

Follow the money. The people pushing this don’t have that kind of money to proceed with this.
Xavier would be required if AG make that opinion from the Hodpital Board (which by the way DOES NOT run the hospital). So which board would lose 2 members? Think about it!!!

By: Zac Stringham

Zac Stringham — Thu, 04 Mar 2021 16:16:05 +0000

Cal. Gov’t Code § 1099:
“(a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible.

Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:

(1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body.

(2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.

(3) Public policy considerations make it improper for one person to hold both offices.

(b) When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second. This provision is enforceable pursuant to Section 803 of the Code of Civil Procedure.”

By: Barbara Kane

Barbara Kane — Thu, 04 Mar 2021 05:11:25 +0000

If it turns out that there is indeed a law that prohibits a person from serving on two elected/appointed public boards at the same time then Mr. Avila will need to resign from one of the two boards. Until the Attorney General has spoken Mr. Avila could rightfully hold off on turning in a resignation. In the meantime I’m sure that he has consulted with attorney’s from both boards. Tulare’s City Attorney deemed that there would be no conflict in holding two seats on public boards at the same time and he must have had some basis to make that call. Time will tell. The ball apparently is now in the Attorney General’s court. What I really would like to know is just who is the driving force behind this lawsuit, who is paying this law firm for their services. What’s the story behind the story so to speak.

By: Mary Bryant

Mary Bryant — Thu, 04 Mar 2021 04:50:21 +0000

I have to agree..Leave Xavier Avala alone…County Supervisors are ALL on many many boards…Noone seems to think or care if conflict or not…Making up a “what if” scenario by attorney because ???? What is THE POINT ??? Isnt Alberto Aguilar on more than 1 Board ??