Anaheim Elementary School District trustee ousted by board vote

During a special meeting on Monday, the Anaheim Elementary School District Board of Trustees voted to vacate a seat held by Mark Lopez.

In November, Lopez won election to the North Orange County Community College District Board of Trustees. Since then, he has continued to hold both seats.

At the special meeting, trustees raised issues whether serving on the boards of an elementary school and a local community college district at the same time was “legally incompatible.”

“We recognize that this is a difficult situation,” said Juan Alvarez, AESD board president. “We regret that we have to take this action. However, our duty is clear. We must ensure that our governance remains in compliance with the law.”

Lopez’s supporters argued that the school board lacked the legal authority to make such a determination, much less act on it.

“There’s actually a substantial gap between these two entities,” said Ryan Bent, a NOCCCD trustee. “This absolutely needs to be sent to the attorney general’s office. If you haven’t, that’s on you, not Mark Lopez.”

On Jan. 15, the school board voted 3-2 during closed session to ask state Atty. Gen. Rob Bonta’s office to review Lopez’s eligibility.

An attorney for the district noted during that same meeting that board members could resolve any vacancies through an appointment of a new trustee from the same area or call for a special election.

“I’m a little confused as to why we’re talking about this and putting the cart before the horse,” said Trustee Ryan Ruelas during the Jan. 15 meeting.

A school board majority voted to direct district staff to prepare for an appointment process before censuring Lopez on account of guidance from legal counsel that claimed the two seats he held were in conflict, per state attorney general determinations in other districts.

During Monday’s special meeting, Denis Bilodeau, an Orange city councilman, warned that AESD risked litigation if a majority of trustees voted to oust Lopez from his elected seat.

“There’s no case law nor attorney general opinion on point on this specific fact pattern,” Bilodeau said. “No one has had the audacity like Mr. Lopez to be on an elementary school board and then run for a community college district, I guess. That question has never been asked and it’s never been litigated.”

He further claimed that the board lacked the “special powers” to take any action.

Lopez, who works as a teacher at Gilbert High School in Anaheim, first won election to the board in 2018 and has represented Trustee Area 4 ever since. He retained his seat in 2022 when he ran unopposed.

His term was set to end next year.

Lopez kept comments in his defense short while disputing the legal rationale for his potential removal.

“The board here cannot make that determination of incompatibility,” Lopez said. “That’s something we already voted on in January.”

Alvarez stated that the issue had nothing to do with Lopez’s professionalism on the board.

“He’s been a dedicated, highly respected board member,” Alvarez said. “His service and contributions to our students, staff and community have been invaluable.”

The board president thanked him for his time on the board before calling for a vote.

Three school board members voted to vacate the seat. Ruelas joined Lopez in voting against his removal.

A separate 3-2 vote established an ad hoc committee to vet applications to replace Lopez on the board as they come in. Two school board members will be named to serve on the ad hoc committee at a later date.