Glendale: Judge Orders Reinstatement of Ousted Councilmember Lupe Conchas

The Ruling

A Maricopa County Superior Court judge has ordered the City of Glendale to immediately reinstate Councilmember Lupe Conchas. The ruling reverses a decision by the City Council to remove Conchas from his seat last month.

Superior Court Judge Greg Como declared the council's action "illegal and void." Como found that the council exceeded its authority when it passed Resolution No. R26-60 to oust Conchas. The judge also permanently barred the council from attempting to remove Conchas again based on his election to the Salt River Project (SRP) board.

"The City Council exceeded its authority under the Glendale City Charter when it passed Resolution No. R26-60," Como wrote in the ruling.

The City of Glendale confirmed it is taking steps to complete Conchas' reinstatement. The city restored Conchas' name to its official website on Tuesday afternoon.

The Charter Dispute

The conflict centers on a specific provision in the Glendale city charter. The charter bans elected officials from holding another public office "for which they receive compensation." Exceptions exist only for notaries public and members of the military.

In late May, the Glendale City Council voted 4-3 to declare Conchas' Cactus District seat vacant. The council argued that Conchas violated the charter after he was elected and sworn in as an SRP board member earlier that month.

The SRP pays its board members $60 for every day they physically attend meetings. The council viewed this payment as compensation.

Judge Como disagreed with that classification. The ruling stated that the $60 payment is a per diem reimbursement. It covers the actual expenses directors incur to attend board meetings. Because the payment reimburses expenses rather than paying a salary, Como ruled it does not count as compensation under the city charter.

"What the court basically said was, well, wait, a per diem is not compensation. It's reimbursements," said Robert McWhirter, a constitutional lawyer who reviewed the case.

The Political Context

Conchas and his supporters alleged that the council's decision was politically motivated. Conchas told reporters that the expulsion was retaliation for his opposition to a city policy adopted in 2022. That policy grants council members a $450 monthly vehicle allowance and a $900 monthly stipend for expenses.

Conchas has publicly called the policy a "slush fund." The Arizona Attorney General's Office is currently investigating the stipend and car allowance policy. A constituent complaint filed last year argued that the policy violates the Arizona Constitution's "gift clause." The complaint also claimed the policy circumvents a city charter provision requiring a public vote to increase salaries for the mayor and council members.

Councilwoman Dianna Guzman defended her vote to remove Conchas. She stated that her decision was based on upholding the law and the city charter.

"My vote today is based on adherence to the law and to our city charter, and my responsibility is to uphold the city charter independently and without prejudice," Guzman said. "I feel the real victims here are the residents of Cactus District who I'm sure did not expect to lose their councilmember by his own doing."

Back to Work

Conchas filed a lawsuit the day after the council voted to remove him. He argued that the small daily payment did not amount to a salary.

Conchas was originally elected to the Glendale City Council in July 2024 to serve a four-year term. He ran for the SRP board in April to address electricity rates and energy sources.

Now back in his seat, Conchas said he intends to work with all council members.

"I’m ecstatic that the Cactus District residents have their duly elected council member back," Conchas said. "I did not violate the city charter whatsoever and neither did these $60 per diem payments and that's shown in the ruling today."

Conchas said he will remain professional and focus on improving the lives of Glendale residents. He also noted that the city should consider amending the charter to include term limits.

"I have shown in my record in my time on council that I'm high functioning. I get things done and I'm able to make time for my residents because they are my priority," Conchas said.