Theresa Nagel Twice Failed to put Langston on LMUD ballot and when she finally was forced to, he lost
Langston sat on a public board and was never elected
County Clerks letters to AG never mentions LMUD's election on March 5, 2002 AG letter to Clerk
A vacancy in LMUD's Ward 3 occurred,
on January 23, 2001 when .Michael Deal resigned. His term
ended November 2002.
The Board could call a special election or appoint
someone to fill the position until LMUD's next election.
In March/2001 the LMUD Board decided to appoint a new member to the Board, in closed session. This was a Brown Act Violation. When Langston was appointed illegally, the District Attorney stepped in and told the Board that their action was null and void.
Lassen County Times took strong stand on violation
The Law:
CPUC, Division 6, 11865; (a) The remaining board members may fill the vacancy by appointment until the next district general election. [Wayne Langston was "appointed" March 2001]
Langston was required to submit candidate papers for Ward 3 on the next LMUD election. LMUD held a Special election (March 5,2002 but did not include Theresa & Fred Nagels son-in-law. Langston was never elected to sit on the LMUD Board). This election was consolidated with the Primary election.
The Law:
Election Code Section 1000 (c): "the established election dates in each year are as follows: the first Tuesday in March in each even-numbered year.
The March 5, 2002 LMUD election was consolidated with the March primary election for the purpose of being cost effective.
The Law:
Election Code Section 1301(b)(2): "In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election."
The Law:
Election Code Section: 10500 b (7): "General District election" means an election held pursuant to the provisions of this part."
The Law:
Election Code Section 10514: "The qualifications of a candidate for elective office, and of an elective officer, of a district shall be determined by the principal act of that district"
Wayne Langston could only fulfill Michael Deals term after he was elected.
The Law:
CPUC, Division 6, 11865 (d) A person elected at an election to fill a position to which an appointment was made pursuant of the certificate of election by the secretary of the district, after qualifying according to the law shall hold office for the remainder of the term in which the vacancy occurs.
Wayne Langston failed to file candidates papers for the LMUD election on March 5, 2002 and was allowed to "hold office for the remainder of the term" of Michael Deal's Ward 3 position without being elected.
The voters have never cast a single vote for Wayne Langston. Theresa Nagel stated that Langston ran unopposed so he did not need to be on the November 5, 2002 ballot. The law states that the person receiving the "highest votes" is declared the winner. Langston needed to be on a ballot to conform to the law. Langston has never received any votes. The voters were denied their right to vote for their representative in Ward 3.
LMUD contacted the California Attorney General's office in regards to this issue. However, LMUD failed to notify the Attorney General's office of LMUD's election in March of 2002. The Attorney General's opinion would be valid if it weren't for the fact that LMUD held an election in March of 2002 prior to the November 2002 election.
Summary:
The law does not allow an appointee to serve the remainder of a term of office, if the term has more than 90 days left of the term. The appointee must be elected at the next election. The next LMUD election was in March 2002.
Wayne Langston was required, by law to be on LMUD's next election (special, general or primary) , which was the March 2002 ballot. Langston never submitted an application to become a candidate for Ward 3, therefore his appointment simply expired.
The Ward 3 seat continues to be challenged.
Recall proponents attempted to recall Langston, but the petitions were refused by his mother-in-law, County Clerk Theresa Nagel. An appointee cannot be recalled anyway, but Nagel didn't bother to tell anyone that either.
Nagel had somewhat of an obligation to inform both the recall group and Langston that Langston had to run for his appointed position in the next LMUD election on March 2002.
The District avoided calling for an expensive special election for the Ward 3 vacancy because the Recall of the LMUD Directors had succeeded and was placed on the March 2002 ballot. Langston was required to submit candidate papers to run for Ward 3 LMUD Director for this election.
This did not serve Theresa Nagels purpose, so Langston was allowed to serve the remainder of Michael Deal's term illegally.
CPUC, Division 6, requires LMUD Directors to receive votes. While Langston submitted a candidates application on the election following the March 2002 election, he was never placed on the ballot, and received no votes. This was a decision by Theresa Nagel. Langston has never received any votes, ever.
He serves illegally on the LMUD Board today.
There is no vehicle in Lassen County to correct this and when it suits Theresa Nagel, she will do this again....and get away with it again.
Theresa Nagel appears on the ballot, even when she is unopposed because she is required to receive votes.
Why wasn't Langston's position, on the LMUD Board, handled above-board.......because he couldn't get elected, and the Nagels knew this.
Wayne Langston never was elected to sit on the LMUD Board