Charges filed against ICOE trustee
EL CENTRO — Two felony charges were recently filed in the local court accusing Imperial County O ce of Education Board Trustee Annette Gonzalez-Buttner of filing a falsified candidacy declaration in 2017. The two charges accuse Gonzalez-Buttner of perjury, a violation of state penal code, and falsifying a
declaration of candidacy, a violation of state Election Code.
At issue is whether the Calexico address Gonzalez-Buttner had provided in her November 2017 candidacy declaration is indeed her “domicile,” as defined by law, or whether her domicile is outside of the county where she is registered to vote and holds public o ce, as has been alleged.
In a written statement, Gonzalez-Buttner denied she violated any law and clarified that any confusion about the matter is owed to her continued enrollment and attendance at an institution of higher education elsewhere.
“I have made and I continue to make the e ort to travel between school and home to continue my public service and to continue to fight for the rights of Calexico’s too often oppressed residents,” Gonzalez-Buttner stated.
Although she did not specify which institution of higher education she had been or currently may be enrolled in, when initially pressed about the issue of her residency in 2016, Gonzalez-Buttner disclosed that she was enrolled in college classes in Santa Clara County.
The charges against Gonzalez-Buttner were filed by the county District Attorney’s O ce on Jan. 16 in connection to a declaration of candidacy Gonzalez-Buttner had filed with the county Registrar of Voters on July 25, 2017, the court complaint stated.
The charges stem from a citizen’s complaint the DA’s O ce had received in 2015, said Assistant DA Deborah Owen.
The agency had also received a second complaint in 2018 alleging Gonzalez-Buttner had established her domicile outside of the county, Owen said.
The two complaints resulted in an investigation by the DA’s Bureau of Investigations. After a review of the evidence, an attorney had recommended that charges be filed with the local court, Owen said.
“It is a pretty complex case of domicile and residency,” she said.
In its announcement of the charges on Tuesday, the DA’s O ce reported that it has statutory enforcement obligations under the California Political Reform Act to pursue such charges against public o cials when warranted.
“These laws were designed to ensure the public trust in the electoral process, and it is important elected officials realize significant ongoing violations pose a threat to the integrity of an election and will be taken seriously,” said DA Gilbert Otero in a written statement.
In contrast, Gonzalez-Buttner indicated in her statement that the applicable laws allow for an individual to maintain their given domicile even if they attend school outside of the county where that domicile is located.
“The power elite of Imperial County may not like it that I, a brown woman, am furthering my education, beyond what Imperial Valley College o ers,” Gonzalez-Buttner stated. “There is no perjury. There is no violation. This is just misogynistic border politics.”
Gonzalez-Buttner was initially elected to the ICOE board in 2013 and in November 2017 bested her challenger by 13 percentage points.
In her written statement, she cited her continued advocacy for the Calexico community as the reason that voters chose to re-elect her in 2017.
She also stated that she found out about the DA Office’s investigation on Monday.
The Imperial County Office of Education reported that since 2016 it was aware of the DA Office’s investigation into the possibility of Gonzalez-Buttner falsifying her residency for election-related matters.
“As public officials elected to serve those we represent, we must always hold ourselves and each other to the highest of standards,” said Superintendent Todd Finnell in a written statement. “If these charges are proven to be true, they are very serious and fall short of this expectation.”
If proven to be true, state law and the ICOE board’s bylaws mandate that Gonzalez-Buttner be removed from office.
Both state law and the ICOE board bylaws stipulate that either a felony conviction or an elected officer no longer maintaining their domicile in the district they were elected to represent are grounds for removal from office.
Gonzalez-Buttner also currently serves as the chair of the Imperial County Democratic Central Committee.
Since that position is also contingent on the address listed on her voter registration status, it could be in jeopardy if prosecutors determine her domicile is elsewhere, former ICDCC Chair Tomas Oliva said when reached for comment late Tuesday evening.
“If the charges hold weight there, then they also have weight on her membership in the Central Committee,” Oliva said.
Gonzalez-Buttner is not in custody and is scheduled to appear for arraignment on Friday at the county Superior Court courthouse in Brawley. A summons to appear in court had been sent to her known addresses both within and outside of the county, the DA’s Office reported.
If convicted, she faces fines and up to four years in county jail.