Anaheim School Board Ousts Trustee

Mark Lopez is no longer a member of the Anaheim Elementary School District Board of Education. His bio page on the district's website is no longer accessible.

During a March 3 special meeting, the board voted 3-2 in favor of a resolution to declare his seat vacant, essentially removing Lopez from the post, arguing his being elected to serve on two local governing boards was unlawful.

"We're not removing Mr. Lopez. He chose to remove himself when he took a different position,” Board President Juan Álvarez said at the meeting prior to the vote.

Lopez and Board Trustee Ryan Ruelas opposed the resolution. Álvarez, and Trustees Julie Diep and Jackie Filbeck supported it.

An educator in the Anaheim Union High School District, Lopez was first elected to represent Trustee Area 4 on the AESD board in 2018. His current term was due to end in 2026. In the November 2024 election, he won a seat on the North Orange County Community College District Board of Trustees.

The approved resolution states Lopez "simultaneously serving on both the District Board and the NOCCCD Board constitutes holding incompatible offices in violation of the California Government Code 1099."

According to the law, offices are "incompatible" when:

• Either office may audit, overrule, or exercise supervisory powers over the other office or body;
• There is a possibility of a "significant clash of duties or loyalties between the offices;"
• "Public policy considerations make it an improper arrangement for one person to hold both offices."

Board President Álvarez said the board obtained legal guidance, which he said was shared with Lopez, and determined that "it is clear that the board seat must be declared vacant."

"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," Álvarez said during the meeting.

He said the decision to declare the vacancy had nothing to do with any personal feelings toward Lopez, calling him a "dedicated, highly respected board member."

In January, the board voted to censure Lopez for not resigning. It also approved a request to ask California Attorney General Rob Bonta to issue an opinion on the situation.

Álvarez did not mention anything about the request to Bonta's office at the March 3 meeting, but Lopez and some public speakers did.

Lopez argued the board needs to hear from Bonta's office first before making any decisions.

"The fact is this board is not a court of law that could make that legal determination," Lopez said in an interview after the meeting. "If the attorney general said it was incompatible, that is something I would calculate into my own internal calculus whether I would want to pursue this.”

In a March 7 email, Bonta's press office wrote to Spotlight Schools, "We have not yet received a request on this matter."

In a March 8 email asking for a response to the email from Bonta's press office, AESD spokesperson Belinda Gordillo wrote: "Mark Lopez forfeited his office at AESD by successfully running for the NOCCCD Board.  The AESD Board of Education directed District administration to fill the vacancy."

NOCCCD board member Ryan Bent spoke during public comment at the March 3 meeting and cautioned the AESD trustees to slow things down and wait for the opinion from the attorney general.

"When you look at the elementary school district and the Community College Board, I can tell you in the eight years that I've been a trustee, I've not seen your name on my agenda once. There is no conflict," Bent said and added, "You're getting very bad advice from your attorneys right now."

The resolution states that the board must fill the vacancy within 60 days. The board's next scheduled meeting is on March 12.

After the meeting Lopez said he was weighing his options and still figuring out if he would fight the ouster. “I’m feeling torn because the costs would come out of the classrooms. I have tried to save the district money,” he said.

This is not the first time a local politician's election to two local governing boards has been scrutinized. For instance, current Orange County Board of Education trustee Tim Shaw stepped down from his position in 2021 due to the threat of a lawsuit alleging his serving on both the board and La Habra City Council was illegal. After resigning from the city council, the OCBE reappointed Shaw to the Trustee Area 4 post. A lawsuit alleged that appointment was illegal and a judge ruled him to be temporarily barred from serving on the board. He settled the issue when he ran for the office in 2022 and won.

Germaine Neumann-Chau contributed reporting.