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Anaheim Elementary board votes 3-2 to censure trustee Mark Lopez and to prepare for vacancy appointment; closed session sought AG permission for quo warranto
Summary
The Anaheim Elementary School District board voted 3——2 to adopt a censure resolution against Trustee Mark Lopez and earlier voted in closed session to ask the California attorney general for permission to pursue a quo warranto action over alleged incompatible offices. The board also directed staff, 3——2, to prepare an appointment process should a vacancy occur.
The Anaheim Elementary School District Board of Education on Jan. 15 voted 3——2 to adopt a public censure of Trustee Mark Lopez and earlier reported a separate closed-session vote to seek the California attorney general's authorization to bring a quo warranto action alleging incompatibility between his AESD seat and a North Orange County Community College District seat.
Board President Juan Gabriel Alvarez, who put the censure item on the agenda, said the action was intended "to be transparent to our community" and to document the board's concerns about what counsel described as possible incompatibility under government code section 1099. Alvarez read the resolution aloud to the public, listing the board's recitals and the board's formal disapproval of Lopez's conduct.
The resolution cites legal counsel's advice that the two offices may be incompatible and notes that if the trustee does not resign the board "may be required to initiate costly litigation to remove" him. The board reported in closed session that it voted 3——2 to request permission from the California attorney general to pursue a quo warranto action; those closed-session votes were reported as in favor by Trustees Philbeck, Yip and Alvarez and opposed by Trustees Lopez and Ruelas.
Public commenter Maritza Bermudez urged caution, telling the board the proposal "can also be seen as a targeted attack" that risks "overshadowing the focus on student outcomes and community trust." Bermudez said she had not seen misconduct and urged a constructive approach.
Trustee Mark Lopez, who addressed the board during the item, said serving Area 4 for six years had been an honor and defended his record, and the board's debate focused both on legal advice and on the policy aims of transparency and governance.
On a related agenda item, the board discussed procedures to fill a potential vacancy if a seat is vacated. Board counsel Tony DeMarco explained the two options: appoint a replacement from the trustee area or call a special election. DeMarco told trustees the state's process requires asking the attorney general for permission to file quo warranto and that special-election costs vary widely. The board voted 3——2 to direct staff to prepare paperwork and procedures to pursue an appointment should a vacancy occur.
The censure resolution does not remove Trustee Lopez from office; it formally records the board's disapproval and the rationale the board placed on the public record. Next steps for any legal challenge depend on the attorney general's response to the board's request for permission to pursue quo warranto.
