RIVERBANK -- RIVERBANK — The city has abandoned its quest to have a judge remove Councilman Jesse James White from office, after spending more than $53,000 in legal costs.
The city believes it would have prevailed, but decided to drop the case because White had vowed to appeal if he lost, and his council term likely would expire before there was a resolution, said Doug White, the Sacramento attorney representing Riverbank.
Additionally, the city's legal costs could have approached $100,000 if White appealed.
"When you look at this in the totality, there was a decision by the council to just move on," said Doug White, who is not related to Jesse James White.
Jesse James White reiterated his criticism of Mayor Virginia Madueño and Councilwomen Jeanine Tucker and Dotty Nygard, who initiated the legal proceedings. Councilman Richard O'Brien opposed the court action, saying it was a waste of taxpayer money. White did not take part.
"First off," White said, "the mayor and two council members who voted for this … they had no legal authority to bring this case up. It was politically motivated. They wasted way too much of the taxpayers' money."
White, 23, has been, at times, a divisive figure since his election in November 2008:
• A 2009 county civil grand jury report concluded he was not a registered Riverbank voter when he took out his papers to run for council. The report recommended the city remove White from office, but city officials said at the time they lacked the authority. White says he complied with all requirements when he ran for office.
• He survived two recall attempts mounted by Ny- gard and Tucker before they were elected to the council.
• He was on probation for "wet and reckless" driving when he was elected to the council. He was arrested on drug charges in 2010. That case was settled in May when White pleaded guilty to a misdemeanor.
• He and his grandfather Dave White sparred with Madueño and former City Manager Rich Holmer when both Whites served on the council in 2009 and 2010.
Madueño defended filing the legal action. "I'm willing to take the criticism for trying to do what was in the best interest of the city," she said. "But we had to make a decision on whether we were going to continue to spend tax dollars on this, and we can't. It was tough to come to this decision."
Madueño said in addition to the grand jury report, she supported using the courts to oust White because he had impeded the city and cost it thousands of dollars when he initially refused to remove himself last year from the council's deliberations on Holmer regarding accusations of sexual harassment and retaliation.
The city said White had a conflict of interest. White denied that, but admitted his attorney had planned to call Holmer as a witness if his drug case went to trial. White had accused Holmer and other officials of being behind his drug arrest.
White did remove himself from the Holmer deliberations and the council fired the city manager in June in the wake of an investigation. Holmer has denied any wrongdoing.
Though city officials said in 2009 they did not have the authority to remove White, Riverbank filed what is called a quo warranto complaint against him in May in Stanislaus County Superior Court to have him removed.
The city did this after Madueño said she had spoken with the attorney general's office, which told her Riverbank could use a quo warranto complaint. These actions are rare and are used remove someone who is holding office illegally. Riverbank cited the grand jury report as the basis of its complaint.
The attorneys reached a settlement agreement last week to dismiss the case. Doug White said the settlement includes the provisions that both sides will pay their own legal costs and neither side will sue the other.
Riverbank had a court date later this month in which it would have asked the judge to issue a summary judgment in its favor.
Bee staff writer Kevin Valine can be reached at kvaline@modbee.com or (209) 578-2316.
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