Montlair council adopts expanded censure and sanctions for Council Member Ben Lopez, 4-1

Montlair — The Montlair City Council on a 4‑1 vote adopted Resolution 26‑3511, reaffirming a prior 2022 censure of Council Member Ben Lopez and imposing additional administrative and economic sanctions after an independent workplace investigation and subsequent court findings. The council also approved an amendment to remove Lopez’s photograph from public areas and city web pages.

The resolution, presented by the city’s legal staff, incorporates findings that two city employees filed verified complaints alleging discrimination based on sexual orientation and unlawful sexual harassment. The city manager had previously implemented protective measures to limit Lopez’s contact with staff while an independent investigator reviewed the allegations. The resolution expands those measures to include removal from council committees and liaison posts, restrictions on one‑on‑one contact with city employees, limits on representing the city, and ineligibility for certain city‑paid travel and vehicle allowances.

Why it matters: City officials said the expanded sanctions are intended to protect staff, reduce the city’s exposure to further workplace claims, and uphold public trust in local government. In presenting the resolution, the city attorney summarized prior settlements and court determinations that created financial liability for the city and described the legal basis for imposing non‑statutory administrative limits on a sitting council member.

City attorney Ed told the council the matter reflects a sustained investigative record and subsequent court rulings and policies that treat locally elected officials as members of the workforce for certain personnel rules. The staff presentation noted the city previously settled with two employees and described court decisions and proposed statements of decision related to damages and indemnity; staff said city expenditures on the matter to date exceed $750,000.

Mayor Pam Carissa Martinez, addressing Lopez directly, said the council had exhausted options short of removal and urged him to step down. “You need to resign, Council Member Lopez,” she said, arguing Lopez’s continued presence posed ongoing risks to staff and to the city’s ability to function.

Lopez, who vocally disputed some of the claims against him during public comment, said he had been targeted and described reporting threats and alleged fraudulent online activity to police. “I am not guilty of the accusations,” he said, and described efforts he said were underway to rebut the record.

The body of the resolution lists multiple specific administrative limits: removal from appointed seats, committee assignments and liaison positions; restriction of communications with city staff to the mayor, city manager, city attorney and city clerk (and then only as directed); prohibition on council‑paid travel and vehicle allowances except under tight, council‑directed conditions; a cap on certain city contributions to health and other benefits; and a direction to staff to draft municipal‑code changes enabling pay differentials for members judged “not in good standing.” Staff told the council adoption would not create a direct general‑fund cost but that enforcing economic sanctions could reduce some general‑fund expenditures.

The council first voted to amend the resolution to add the removal of Lopez’s photograph from public chambers and city web pages; the amendment passed 4‑1. The full resolution then passed on a 4‑1 vote. The official votes were recorded as adopted 4 to 1; the public record did not include an itemized roll call listing of each member’s vote at the time of adoption.

Public comment before the vote included multiple residents who described the personal impact of the misconduct allegations and urged the council to protect staff and taxpayers from further cost and harm. Several speakers said they intend to pursue recall ballot measures to remove Lopez.

The council directed the city manager to enforce the restrictions and to report any violations back to the council. The resolution takes effect immediately unless otherwise specified in the text.

The council adjourned the public portion of the meeting and moved to closed session to discuss pending litigation and related matters.

Next steps: Staff will implement the administrative restrictions described in Resolution 26‑3511 and report back to the council on compliance and any enforcement actions.