Glendale: Judge Orders Reinstatement of Councilmember Lupe Conchas After Illegal Removal
Marcus Whitfield
A $60 Per Diem Sparked a Council Fight
A Maricopa County Superior Court judge ordered the Glendale City Council to reinstate Jose "Lupe" Conchas Jr. to his Cactus District seat on June 16. The council had voted 4-3 on May 28 to remove Conchas after he was elected to the Salt River Project Board of Directors in April.
The council argued that Conchas violated the Glendale City Charter, which bars elected officials from holding another paid public office. The SRP board pays members $60 for each day they physically attend meetings.
Maricopa County Superior Court Judge Greg Como ruled that the $60 payment is a per diem that reimburses expenses, not compensation. The judge ordered the council to immediately reinstate Conchas and permanently barred them from attempting to remove him again over the SRP election.
"The majority of the council will decide how they want to move forward. But, at the end of the day, the Cactus District residents now have their duly elected council member," Conchas said, according to KJZZ.
The City of Glendale confirmed it reviewed the ruling and took steps to reinstate Conchas by Tuesday afternoon.
The Stipend Investigation Running in Parallel
Conchas alleged that his removal was political retaliation. He had publicly criticized a city policy adopted in 2022 that gives council members a $900 monthly stipend for expenses and a $450 monthly vehicle allowance. Conchas called the policy a "slush fund" and said he had stopped accepting the payments himself.
The Arizona Attorney General's Office is investigating the stipend and car allowance policy. Assistant Attorney General Alexa Salas notified the city on May 6 that the investigation focuses on a complaint alleging misuse of funds and a violation of the Open Meeting Law. The complaint argues the policy violates the Arizona Constitution's gift clause and circumvents a charter provision requiring a public vote to increase salaries for the mayor and council members.
Glendale has until August 20 to respond to the Attorney General's inquiry, according to city communications manager Lesley Miller.
A Vacant Seat That Was Never Empty
In the days after Conchas's removal, the council moved forward with accepting applications to fill the Cactus District vacancy. The position pays an annual salary of $34,000 and would have lasted through December 2028.
Councilmember Lauren Tolmachoff said the Cactus District had no representation and the city had a duty to seek one. Vice Mayor Ray Malnar and Councilmember Bart Turner agreed the court case would likely resolve quickly.
City Attorney Michael Bailey said the council could proceed with the appointment process despite the pending lawsuit and could stop if a court ordered it to do so.
The judge's ruling rendered the vacancy process moot. Conchas returned to the council on June 16.
What Conchas Says Comes Next
Conchas said he declined all payment from the SRP Board and will continue to waive it moving forward. He said he ran for the SRP board to address electricity rates and energy affordability for residents of Glendale and West Phoenix.
"I did not do it for the money," Conchas said, according to the Glendale Star. "I made sure to get elected to that board so that we can lower rates and focus on affordability for the people of Glendale and West Phoenix."
Conchas said he will work with the four council members who voted to remove him. He listed public safety, road safety, and infrastructure improvements as his priorities moving forward.
The July Primary Still Ahead
Glendale voters will decide who fills three City Council seats in the July 21 primary election. Incumbents Lauren Tolmachoff and Leandro Baldenegro are seeking reelection. Councilmember Bart Turner, elected in 2014, is not running.
Newcomers Lisa Baker and Michael Calles are competing for Turner's Barrel District seat. Rory Goree is challenging Baldenegro for the Ocotillo District seat, according to the Arizona Republic.
Conchas's Cactus District seat was never on the ballot this cycle. His term runs through December 2028.
Sources
- Judge orders Glendale to reinstate Lupe Conchas to City Council after he was removed
- Ousted Glendale council member must be reinstated, judge rules
- Judge rules that removal of Glendale City Council member was illegal
- Lupe Conchas returns to city council
- Council begins process to fill Cactus seat
- Glendale has most of summer to respond to AG investigation of stipend
- Glendale City Council candidates talk priorities before primary