A majority of Anaheim Elementary School board members voted to vacate Trustee Mark Lopez’s seat for holding two public offices at the same time despite concerns from some elected officials that the move is illegal and could lead to a lawsuit.
It comes as district officials wait to hear back from State Attorney General Rob Bonta on whether Lopez is serving in two incompatible offices – something forbidden by state law.
[Read: Anaheim Elementary School Board Considers Ousting an Elected Official]
At a special board meeting Monday, board members narrowly voted 3-2 on a resolution declaring Lopez’s seat on the school board vacant months after he was elected to the North Orange County Community College District Board of Trustees in November.
Lopez and Board Member Ryan Ruelas were the dissenting votes.
Board President Juan Gabriel Álvarez said that the effort to vacate Lopez’s seat had nothing personal to do with the board member, but was a “legal and fiduciary responsibility” that the board has to uphold.
“Mr. Lopez has chosen not to voluntarily resign, which places this board in a position needing to take formal action,” Álvarez said at Monday’s meeting. “Allowing an incompatible office holder to remain seated would create legal risk and potential governance conflicts that could impact the district’s ability to function effectively.”
Lopez said they should wait for Bonta to weigh in before the board takes action.
“The board here cannot make that determination of incompatibility,” he said at Monday’s meeting. “The process of seeking an attorney general opinion should proceed, and once upon a receipt of that opinion, decide the next step.”
Lopez did not respond to questions after the vote on whether he would show up to the next board meeting and continue to do his duties as a board member.
Belinda Gordillo, a spokeswoman for the district, did not respond to questions about the resolution prior to Monday’s meeting.
State law forbids an elected official from holding two public offices that are incompatible at the same time.
According to the law, offices are incompatible if one of them holds supervisory or audit power over the other, if there is a possibility for a clash of duties, or “public policy considerations make it improper for one person to hold both offices.”
On Monday, a couple people came out in support of Lopez and said the board does not have the authority to remove him from office and could end up in court.
Orange City Councilman Denis Bilodeau said the effort to kick out Lopez – an elected official – was illegal.
“I would have loved the opportunity to remove people that I had a disagreement with, whatever reason it might be,” he said at Monday’s meeting. “But I never had that power, and neither do you.”
“Imagine if districts or councils had that power in California, we’d have a new city council make up every Tuesday night,” Bilodeau continued.
He added that under state law, Attorney General Bonta would have to determine if the two offices were incompatible before a judge could weigh in on whether Lopez could stay on the school board.
Monday’s meeting comes after a majority of school board members voted at a meeting in January to censure Lopez and decided that if his seat becomes vacant they would appoint a replacement instead of holding a special election.
At the same January meeting, board members also voted behind closed doors to ask Bonta to weigh in on whether Lopez is serving in two incompatible offices.
North Orange County Community College District Trustee Ryan Bent told school board members on Monday night there are no conflicts between the community college district and the elementary school district.
Bent, who serves alongside Lopez on the college board, told elementary school board members they don’t have the authority to oust Lopez.
“Could you imagine the constitutional crisis that will happen if you dismiss him, or kick him off this board and replace him, and later the Attorney General finds out that the offices are not incompatible. Then what? That would put you in a horrible situation as a district,” he said at Monday’s meeting.
Hugo Rios is a Voice of OC reporting fellow. Contact him at hugo.toni.rios@gmail.com or on Twitter @hugoriosss.
Hosam Elattar is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.
