Lodi's council clash

Mar. 1—The Lodi City Council will proceed as if the disputed resignation of embattled councilman Shakir Khan, who was recently arrested on voter fraud charges, is official and will hold a special meeting next week to determine how to fill his potential vacancy.

The council held a special closed session meeting Tuesday afternoon to discuss the status of Khan, as well as pending litigation threatened by his attorney, Allen Sawyer.

Upon returning from a 90-minute closed session, it was announced the special meeting would be held Tuesday, March 7 at 7 a.m. at Carnegie Forum.

There was no announcement regarding the pending litigation.

"The council is continuing with the path that was initially set forth, that Shak Khan has resigned from the city council," Mayor Mikey Hothi said outside Carnegie Forum after the session. "At a future meeting, we'll be deciding what to do with the vacant position. Whether that's a special election or an appointment."

Khan was arrested by San Joaquin County Sheriff's Office deputies at his Heritage District home the morning of Feb. 16 on several charges of voter fraud related to the 2020 election and booked into San Joaquin County Jail.

Khan was arrested on suspicion of 14 felony counts, including causing or procuring false voter registration, submission of fraudulent registration to Secretary of State, false nomination or declaration of candidacy, and fraudulently casting votes.

That afternoon, Hothi visited Khan at the jail and asked him to resign, effective immediately. Hothi drafted a hand-written letter of resignation that both he and Khan signed.

The City of Lodi posted a video of Hothi leaving the jail and explaining Khan's resignation.

Moments later, Sawyer emailed the News-Sentinel stating his client had not resigned.

Sawyer emailed Lodi City Attorney Janice Magdich, stating he was in the process of filing a complaint in the Eastern District of California opposing Khan's removal from the council.

"The assumption, based on news reports, is that the City of Lodi has removed Mr. Khan from his elected office," Sawyer wrote. "Please verify if the City of Lodi has in fact removed Mr. Khan from his elected position as a Lodi City Councilmember? Likewise, Mr. Khan does not intend to resign his position, nor did he authorize any person to resign on his behalf or file any documents purporting to be Mr. Khan's resignation."

Khan was released on his own recognizance Feb. 17.

The city has maintained Khan's resignation was effective Feb. 16 when he signed the letter Hothi drafted.

Khan had been removed form the city council page on the www.lodi.gov website. The text "Resignation received February 16, 2023" has replaced his photograph.

Khan announced Tuesday morning that he would be participating in a peaceful march before Wednesday's regular city council meeting. The march begins at 104 E. Lodi Ave. at 6 p.m., and will conclude outside Carnegie Forum prior to the beginning of the 7 p.m. meeting.

"Lodi PD will provide safety and protection for the Peaceful March," Khan said in an email to the News-Sentinel. "The Lodi community and District-4 is united against the injustice and coup."

Police Chief Sierra Brucia said officers will not be providing protection during the march, but they will be present to ensure safety not only for participants, but the community in general.

Carnegie Forum is located at 305 W. Pine St. The meeting will be streamed live at www.facebook.com/CityofLodi.