The controversy surrounding City Council candidate Randy Madrid points to larger problems with the City of Menifee and the county’s election system. (File graphic)
If anything positive could possibly come out of the election controversy surrounding Randy Madrid, it would be that an apparently flawed candidate verification and enforcement system is improved.
Unfortunately, given the response to Menifee 24/7’s inquiries regarding the issue, there is no evidence that will happen anytime soon. Meanwhile, what is to be done about the Madrid situation?
As first reported here, Madrid – a Menifee Planning Commissioner for 10 years – broke both his personal oath and election rules by listing a fake home address on his application with the City to run for a City Council seat in District 4. On Aug. 22 – about 2 ½ months before the Nov. 3 election date – we showed evidence from public records that Madrid listed an address at which he didn’t live. Eventually, an investigation by the District Attorney’s Office revealed that Madrid didn’t live in Menifee at all – and hasn’t for all or much of his time serving in public office.
On Sept. 14, the DA’s office announced that Madrid was arrested and charged with four felony counts, including perjury and filing a false declaration of candidacy. He was released on bail and given an Oct. 23 court date to answer the charges.
Public records show that Madrid emailed city clerk Stephanie Roseen – recognized as the local election official by the County Registrar of Voters – on Aug. 17, asking if he could withdraw his candidacy. It is clear that at that point, Madrid knew a complaint had been filed with the DA. After checking with the Registrar’s Office, Roseen verified to Madrid that the Aug. 7 deadline for withdrawing had passed and that his name would appear on the ballot.
After that, Madrid continued to proclaim his innocence. Following his Sept. 14 arrest, he publicly stated that he would be exonerated and could win the election.
Ballots were mailed out this week, and residents in District 4 (northeast Menifee) found that Madrid is indeed listed on the ballot. There is no asterisk by his name, no mention that he faces felony charges heading into the election. That prompted us here at Menifee 24/7 to ask the obvious questions:
Why is the city clerk not required to verify a candidate’s residency? Obviously, it isn’t enough to take the candidate’s word for it – not even a document stating they have registered to vote at a particular address.
Did the Registrar allow Madrid to be on the ballot because he is “innocent until proven guilty”? Don’t the voters deserve full disclosure? Is it only up to the media to show evidence that Madrid broke the law?
What if Madrid’s case isn’t resolved by election day and he somehow wins? Would the results be held up until his case is resolved? And if he is voted in by an uninformed electorate, what would happen – a special election to replace him?
Our investigation of this matter has been made more difficult by the fact that the City of Menifee and the Registrar’s Office continue to point fingers at each other. Here’s what we are being told:
City of Menifee communications director Phil Southard said this week that the city clerk’s office did verify with the Registrar of Voters that Madrid was registered to vote at the address he listed on his applications. In other words, the City didn’t verify Madrid’s residency; it took the word of the Registrar of Voters Office, which took the word of Madrid when he registered to vote under a false address. Neither entity verified his residency at all.
Asked about the lack of verification performed by the City, Southard said, “That is a standard procedure for all city council candidates and committee and commission member appointments, and is a similar process followed by general law cities in California.” In other words, no one else performs verification either, so it’s OK.
Asked whether the City would now begin to actively verify the residency of candidates, Southard’s only response was to point out that City Council member Ben Diederich has requested a study of the city’s verification process and that “staff is currently evaluating the request and will present their findings at a future City Council meeting.”
And when asked whether the Registrar’s Office had a duty to inform voters that a candidate on the ballot was facing criminal charges, spokesperson Elizabeth Florer’s response on Thursday was, “You will need to ask the city clerk; this is their election.” In an earlier email, she wrote, “The Registrar of Voters’ office is not an investigatory body and does not determine or investigate candidate eligibility for municipal offices.”
Remember what we said about two entities blaming each other? Apparently, the system is broken.
We haven’t even discussed perhaps the biggest issue of all. If it is indeed proven that Madrid never lived in Menifee during his 10 years on the Planning Commission, the City of Menifee could be liable for legal challenges in dozens, perhaps hundreds, of cases in which Madrid cast votes over the years. Multiple sources have told Menifee 24/7 that this is a grave concern at City Hall, and perhaps the reason city officials have commented very little on the situation.
Imagine the cost of legal fees and possible consequences if the City is challenged regarding prior approvals of residential, commercial, or warehouse projects. And remember, the City already is involved in several costly lawsuits, including:
— Two civil lawsuits against the City related to the conduct of former police officer Juan Pesina, filed by his alleged victims of sexual abuse.
— A lawsuit filed against the City by developer Andy Sehremelis – mayor Ricky Estrada’s primary financial backer – over a commercial development approved for a site next to one of his local businesses.
— A lawsuit filed by the City of Menifee against the City of Perris – the latest in a battle of dueling lawsuits over environmental issues and development along the Ethanac corridor between the two cities.
Talk about “financial trouble” on the horizon … It should also be noted that the resignation of Travis Hickey, the City’s Chief Financial Officer, was announced on Wednesday. Well, would you want to stick around with what’s to come?
The heat is really on the man at the top – city manager Armando Villa. He reports to the City Council, but City Council members take much of their guidance from Jeffrey Melching, the city attorney.
Somebody needs to begin taking accountability for this mess, and soon. Or is it already too late?
