City Attorney: Palm Springs continues to request DA’s evidence in investigation over councilmember residency

The city of Palm Springs said that the Riverside County District Attorney's Office has not shared its evidence regarding the investigation into the residency of Councilmember Christy Holstege.

As News Channel 3 reported last month, District Attorney Mike Hestrin sent a letter to three Palm Springs officials alleging that Holstege has been violating the city's municipal code, claiming she's lived outside the district she represents for many years.

Hestrin noted that this comes after his office received multiple requests to investigate the issue.

Holstege represents District 4, however, the DA's office said their investigation determined that her primary residency is in the 3rd District. This would mean her seat on the council has been vacant since she moved in 2022 and any votes she's cast since then are invalid.

City officials said Holstege has "firmly refuted these claims and maintains that she resides at her home within the district."

In a letter to District Attorney Mike Hestrin on Friday, City Attorney City Jeffrey Ballinger noted that he and the city's election official met with three Deputy District Attorneys and three investigators on August 29. Ballinger wrote that the meeting helped provide some clarity for what the DA's office is seeking from the city to “cure or correct” the alleged vacancy in Councilmember Holstege’s office.

Ballinger wrote that the DA's office is seeking to have the city investigate Holstege's residency for "purposes of determining the validity of her votes on Council since 2022." However, Ballinger also noted that the DA's office has not provided the city with the evidence they used to make the determination.

"It is disappointing that your Office refused the City’s request to obtain, or even review, the evidence that
your Office has relied on in reaching your legal conclusions, especially in light of the fact that your August
23 letter explicitly offered to allow me to 'review relevant evidence' pertaining to your investigation," Ballinger writes.

Ballinger added that during their meeting last month, city officials asked the DA's office whether they would be willing to seek authorization from the State Attorney General to pursue a judicial declaration confirming their conclusions. The DA's office has noted a judicial determination is not their role, however, Ballinger noted that other DA's have sought judicial determinations. The DA's office said that they do not as a matter of resource allocation.

"Given that your Office has apparently already expended significant public resources in pursuit of your
investigation, your Office’s refusal to share the resulting evidence with a fellow public agency from which
you are demanding action seems like an extraordinarily inefficient use of public resources," Ballinger wrote.

Ballinger added, "I once again ask that your office allow us to review the evidence or advise us as to when that may be possible, so that I may properly provide specific legal guidance to the City

Ballinger added that if the DA's office continues to fail to share evidence, the city will seek formal guidance from the California Attorney General’s Office.

Last month, Hestrin noted that if the city does not "cure or correct" the issue, his office would take "any and all appropriate legal action" within 30 days, including referring the matter to the California AG's office.

According to Ballinger, citing California law, it's the role of the California AG to investigate allegations of unlawful holding of public office. And, it is up to a court, not the City Council, to ultimately decide whether someone is unlawfully holding public office.

Stay with News Channel 3 for any new developments.