Alameda County Supervisor Dave Brown, who filled the seat of the late Wilma Chan last year, will stand trial next month in a legal challenge over whether he is eligible to sit on the county Board of Supervisors.
The first phase of the trial begins Dec. 6 before Alameda County Superior Court Judge Michael Markman.
Alameda County supervisors voted to give Brown the District 3 seat following Chan’s death in a vehicle collision in November 2021 in Alameda.
The Alameda County Taxpayers’ Association and other citizens allege Brown was required to be a resident of Alameda County for a year before the Board of Supervisors voted for him to take on Chan’s role, said attorney Jason Bezis in an email on behalf of the group seeking to unseat Brown.
That association, as well as the citizens argue that the county Administrative Code requires a one-year residency.
Elected officials must be a resident of Alameda County for a year before their election. County officials argue that Brown was “appointed” so the one-year residency requirement fails to apply, according to a letter to Bezis from County Counsel Donna Ziegler.
But the taxpayers group and others argue that Brown was “elected” by the Alameda County Board of Supervisors in a 3-0 vote. The group and others also argue that the word “elected” has a broader meaning that includes the action taken to seat Brown.
In addition, those trying to unseat Brown allege he did not meet the 30-day residency requirement in California law.
The taxpayers group maintains Brown was a registered voter in Contra Costa County until “four days before his rushed, illegal appointment,” in an opening brief filed for the Dec. 6 hearing.
Bezis said legal precedent goes back about 100 years for the broader definition of elected.
Brown’s office did not respond to a request for comment. Ziegler’s office said she was unavailable to comment.
Brown is scheduled to hold the supervisor position until early January, when Supervisor-elect Lena Tam — the winner of the Nov. 8 runoff election — will be sworn into her position.
—Keith Burbank, BCN
