By Staff Reporter |
The Glendale City Council must reinstate a Democrat ousted for accepting a compensated public position, per a court order.
Maricopa County Superior Court Judge Greg Como ordered the council to reinstate Jose “Lupe” Conchas, who represented the Cactus District until the council voted 4-3 to remove him from office last month.
Mayor Jerry Weiers, Vice Mayor Ray Malnar, and Councilmembers Lauren Tolmachoff and Dianna Guzman voted to remove Conchas, while Conchas along with Councilmembers Bart Turner and Leandro Baldenegro voted against it.
The council took their vote to vacate Conchas’ seat following his election to the Salt River Project Agricultural Improvement and Power District (SRP) board earlier this year, since that position offers compensation in the form of a per diem and the Glendale City Charter precludes councilmembers from holding public offices which award compensation, save for select public offices.
“[The mayor and council members] shall hold no other public office for which they receive compensation except that of a notary public or member of the national guard or naval or military reserve[,]” states the Glendale City Charter.
Conchas’ term was set to expire in 2028. He was first elected in 2024.
However, Como ruled this week that the compensation awarded to SRP board members was low enough to be reasonable and not qualify as a salary, and therefore didn’t constitute “compensation” as understood by the Glendale City Charter.
“The $60.00 SRP pays its directors is a per diem payment that reimburses directors for an amount that reasonably approximates their actual expenses in attending board and committee meetings. Facts supporting this conclusion include the relatively small payment amount, and that payment is only for directors who physically attend meetings,” stated Comos. “The Glendale City Council exceeded its authority under the Glendale City Charter when it passed Resolution No. 22-60 disqualifying Jose Conchas, Jr., from serving on the Glendale City Council and by finding that his seat is vacant.”
The SRP board’s bylaws describe the per diem provision as the “compensation of officers and board of directors and official bonds.”
Como cited the Arizona Constitution and Arizona statute to justify his interpretation. Both laws have identical language which restrict individuals from holding multiple public offices — but they restrict on the basis of salary, not compensation.
“Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, state or federal office,” states the Arizona Constitution and corresponding statute.
Conchas said in a statement that the court ruling validated his belief that he had abided by the law.
“I am looking forward to continuing to serve,” said Conchas. “I have followed the law this entire process and the ruling today made that official.”
A city of Glendale spokesperson indicated that they would accept the ruling and reinstate Conchas as soon as possible.
“The city of Glendale has reviewed the Superior Court’s ruling and is taking the necessary steps to complete the reinstatement of Councilmember Lupe Conchas to his position representing the Cactus District,” stated the spokesperson.
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