MONTCLAIR CITY COUNCIL MEETING
7:00 P.M., AUGUST 17, 2026
FIRST READING - CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• At its meeting of March 16, 2026, the City Council adopted Resolution No. 26-3511:
• Reaffirming the provisions and recitals of Resolution No. 22-3344 (adopted April 4, 2022) demonstrating City Council disapproval and censuring certain conduct and behavior by Council Member Benjamin Lopez;
• Re-ratifying the protective actions taken by the City Manager; and • Expanding on Resolution No. 22-3344 by directing that certain restrictions and administrative / economic sanctions be taken against Council Member Lopez. • The Censure action was taken after two City employees reported allegations of what they believed to be inappropriate actions by Council Member Lopez. 2 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• On March 1, 2022, an independent workplace investigator (EXTTI) hired by the City presented findings that sustained the allegations made by the two employees including the following findings:
• Councilmember Lopez, as a private individual and outside the course and scope of his duties, responsibilities and performance as a member of the City Council, did:
• Conduct an extended and unwanted conversation with one employee about his sexual orientation; and
• Intentionally hide his identity from another employee when they communicated on social media dating sites, and that their communications included the sharing of sexually explicit content and photographs.
3 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Subsequently, the employees (Plaintiffs) filed a complaint against Council Member Lopez (Defendant Lopez) and the City joined in a cross-complaint (CrossComplainant City). • On December 5, 2025, in the Superior Court of California, Judge Kory Mathewson, in Case No. CIVSB2133471, issued his oral Tentative Decision in favor of the Plaintiffs and Cross-Complainant City, awarding the Plaintiffs total damages of $800,000, plus punitive damages set on December 12, 2025, at $176,000. • Cross-Complainant City was awarded indemnity in the amount of $550,000, plus attorneys’ fees and costs.
4 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• On January 5, 2026, Judge Mathewson issued his Statement of Decision, finding against Defendant Lopez in favor of Plaintiffs on each of the following causes of action:
• Unlawful Sexual Harassment in violation of Government Code Section 12940(j); and • Unlawful violation of the Fair Employment Housing Act (FEHA). • Judge Mathewson reaffirmed the following:
• Punitive damages at $488,000 per Plaintiff for past and future emotional distress; and • Indemnity for the City of Montclair for attorneys’ fees and costs and $550,000 for past settlement payments the City made to Plaintiffs.
• To date, the City has spent approximately $752,000 on attorneys’ fees, costs and settlement payment and an estimate $215,000 in lost productivity and dedicated staff time to the matter for an estimated total cost of approximately $967,000.
5 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Judge Mathewson further determined the following:
• The conduct by Defendant Lopez amounted to malice, oppression and / or fraud; and • Defendant Lopez is “liable as an employee of the City of Montclair because, as a member of the City Council, Lopez is an employee of the City. Lopez is also a supervisor with the meaning of Government Code Section 12926(t).”
• Defendant Lopez may be held personally liable pursuant to Government Code Section 12940(j)(3) “for any harassment prohibited by this Section that is perpetrated by the employee regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective actions.” 6 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• In addition to Judge Mathewson’s determinations and rulings that Defendant Lopez is “liable as an employee . . . Also [as] a supervisor”, the City Council cited various state laws, the California Constitution, California Government Code Sections, legal opinions, policy directives, and court opinions that serve as predicate for its authority including, but not limited to, the following:
• AB 1661
• AB 1825
• AB 1234
• SB 827
• SB 329
Continued...
7 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• In addition to Judge Mathewson’s determinations and rulings that Defendant Lopez is “liable as an employee . . . Also [as] a supervisor”, the City Council cited various state laws, the California Constitution, California Government Code Sections, legal opinions, policy directives, and court opinions that serve as predicate for its authority including, but not limited to, the following:
• California Fair Employment and Housing Act (FEHA)
• The Judicial Council of California Advisory Committee on Civil Jury Instructions • Fair Political Practices Commission
• Various California Government Code Sections 3060 through 3075 • California Attorney General Opinion No. 08-405
• Article XX Section 3 of the California Constitution
• Montclair City Council’s foundational legislative prerogative, the “Power of the Purse.” 8 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Based on Judge Mathewson’s decision and supportive law, legal opinions, court cases, and policy directives the Montclair City Council, on March 16, 2026, adopted Resolution No. 26-3511:
• Reaffirming the provisions and recitals of Resolution No. 22-3344 demonstrating City Council disapproval and censuring certain conduct and behavior by Council Member Benjamin Lopez;
• Re-ratifying the protective actions taken by the City Manager; and 9 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Expanding on Resolution No. 22-3344 by directing that certain restrictions and administrative / economic sanctions be taken against Council Member Lopez, including the following:
• Submit for City Council consideration revisions to Section 1.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code related to City Council compensation. • Proposed revision(s) shall:
• Comply with State law;
• Take into consideration any civil tort rulings in which a court of competent jurisdiction may have ruled that a member of the Montclair City Council is liable for acting in violation of his or her official duties, including for willful or corrupt misconduct in office or other violation of state law including, but not limited to the Fair Employment Housing Act. 10 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Compensation revisions shall incorporate differing rates of monthly pay for City Council members, as follows:
• A normal rate of pay represented by the higher end of the pay schedule. • Lower rates of pay to be assigned to a City Council member found to be not in good standing due to having been found liable for any adjudicated violation(s) as set forth in Resolution No. 26-3511. • By majority vote, such payrate policy changes shall apply to current and future Montclair City Council incumbents, unless otherwise changed by ordinance of the City of Montclair. • Proposed Ordinance No. 26-1018 would amend the Montclair Municipal Code to reflect City Council intent related to changes to compensation for members of the City Council.
11 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Government Code Section 36516 provides that salaries for members of a City Council may be based on the following:
• Salaries are elective.
• May be enacted by ordinance “up to” allowable maximums or enacted by a vote of the people.
• Based on a variety of factors including population, inflation, and time since previous adjustment.
12 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Government Code Section 36516 further provides for the following city council salary-related provisions:
• No ordinance shall be enacted to allow for automatic, future increases in city council compensation.
• Changes in compensation shall not apply until one or more members of a city council serving staggered terms begin a new term of office.
• For the City of Montclair, the next general municipal election is scheduled to occur on November 3, 2026.
• Installation of or re-elected and / or newly elected officials typically occurs in early- to mid-December.
• Because members of the City Council are compensated monthly, any changes to the City Council salary schedule would not occur until January 2027. 13 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• As proposed, Ordinance No. 26-1018 would amend Section 2.12.050 of Chapter 2.12 of Title 2 as follows:
• Schedule “A” - $1,438.00
• The current base salary for all members of the City Council pursuant to Ordinance No. 24-1008, as of January 1, 2025.
• Schedule “B” - $1,150.00
• The base salary that was in effect for all members of the City Council from January 1, 2019, through December 31, 2024, pursuant to Ordinance No. 17-970. • By a majority vote of the City Council, a member of the City Council may be assigned to Schedule “B” if:
• The member is found liable for a civil tort in violation of official duties in office, including for willful or corrupt misconduct in office or other violation of state law including the FEHA. 14 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• Schedule “C” – $742.00
• The base salary that was in effect for all members of the City Council from January 1, 2008, through December 31, 2018, pursuant to Ordinance No. 06-872. • By a majority vote of the City Council, a member of the City Council may be assigned to Schedule “B” if:
• The member is found liable for a civil tort in violation of official duties in office, including for willful or corrupt misconduct in office or other violation of state law including the FEHA; and • The member committed two or more violations or committed the same or similar violation against two or more victims.
• Schedule “X” – Government Code Section 26416(f) salary waiver • Members of the City Council may waive all or part of their compensation, allowing them to receive from $0.00 up any amount below their authorized compensation level. 15 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
BACKGROUND:
• As proposed, Ordinance No. 26-1018 would become effective 30 days after adoption. • The operational date of any salary change taking place pursuant to Schedules “B” or “C” would be January 1, 2027, following certification of the November 3, 2026, General Municipal Election and installation of or re-elected and / or newly elected officials—there is no proposed change to Schedule “A”.
• For Schedule “X”, the operational date is the first month following the completion of a City-provided waiver form by a member of the City Council electing to waive all, or any portion of, his or her salary.
16 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
FISCAL IMPACT:
• Adoption of Ordinance No. 26-3511 would result in the following:
• Schedule “A”: Each member of the City Council subject to Schedule “A” shall continue to receive as salary the sum of $1,438.00 per month.
• Schedule “B”: Each member of the City Council subject to Schedule “B” shall receive as salary the sum of $1,150.00 per month, effective January 1, 2027. • Schedule “C”: Each member of the City Council subject to Schedule “C” shall receive as salary the sum of $742.00 per month, effective January 1, 2027. • Schedule “X”: Pursuant to Government Code Section 26516(f), each member of the City Council may individually elect to waive all or any portion of the salary established under Ordinance No. 26-1018.
• Proposed Ordinance No. 26-1018 does not recommend any increase to salary schedules. 17 FIRST READING – CONSIDER ORDINANCE NO. 26-1018 AMENDING THE
MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION
SCHEDULE FOR MEMBERS OF THE MONTCLAIR CITY COUNCIL.
RECOMMENDATION:
• Conduct First Reading of Ordinance No. 26-1018 amending Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code related to salary schedules for members of the City Council.
• Set a public hearing for Second Reading and consider adoption of Ordinance No. 26- 1018 on Tuesday, September 8, 2026, at 7:00 p.m. in the Montclair City Council Chambers.
18 END OF
PRESENTATION