Amidst warnings they lack the authority to do so, a majority of Anaheim Elementary School District (AESD) Board of Education voted to remove fellow Trustee Mark Lopez, citing “incompatible offices” as their rationale.
Lopez has served on the AESD Board of Education since 2018. Last year, in the middle of his second term, he ran for the North Orange County Community College District Board of Trustees. He was elected, but did resign from the AESD Board – choosing to serve on both simultaneously.
That rubbed three of his Board colleagues – Juan Gabriel Alvarez, Jackie Filbeck and Julie Diep – the wrong way. A special meeting was called for March 3 and the three of them voted to remove Lopez. Lopez and his close friend and ally, Trustee Ryan Ruelas, voted “no.”
Filbeck and Diep made no comment, while Alvarez saluted Lopez’s service and dedication before making a motion to remove him.
The action significant a deep rift among trustees who had been close political allies.
Lopez first ran for AESD Board in 2018 on a progressive, union-backed candidate slate with Ruelas and Alvarez. All three work for the Anaheim Union High School District and are close allies of AUHSD highly political superintendent, Michael Matsuda. The three of them, along with Filbeck and former Trustee Jose Paolo Magcalas, generally voted in lock-step.
READ: Progressive Teachers Union Activists Take Control Of Anaheim Elementary School Board
In 2022, the Alvarez-Ruelas-Lopez slate was re-elected – without opposition.
The resolution of removal approved by the Board majority claimed they were “legally obligated” to remove Lopez.
“We have a duty to ensure our governance is in compliance with the law,” said Alvarez.
“Mr. Lopez has chosen not to voluntarily resign, which places this board in a position needing to take formal action,” Alvarez contended. “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 disagreed, saying the Board couldn’t act without a greenlight from the state Attorney General.
“The board here cannot make that determination of incompatibility,” said Lopez. “The process of seeking an attorney general opinion should proceed, and once upon a receipt of that opinion, decide the next step.”
However, Denis Bilodeau, a member of both the Orange City Council and the Orange County Water District Board of Directors, advised them they had no power to remove Lopez.
“Govenment Code Section 1099 lays out the process,” said Bilodeau, saying that if the state Attorney General considers Lopez’s dual service to be incompatible offices, “it could go before a judge.”
“This board does not have the power, I can assure you,” said Bilodeau. He went on to advise the Board their action would prompt Lopez to seek an injunction, and the end result would be the AESD losing and paying Lopez’s attorney fees.
Bilodeau speaks from experience: several years ago, a claim that his service on city council and water district board were incompatible was litigated, and the court ruled in his favor.
After voting to remove Lopez, the Board majority decided to form a two-person ad hoc committee to vet applications to fill the vacancy they had just created.
