House Democrat Seeks to Revise Controversial Law Amid Ongoing Lawsuit

Arizona State Representative Lydia Hernandez (D-Phoenix) is in the spotlight as both a legislator and a defendant in a civil complaint involving her and her daughter, Cassandra Hernandez, both of whom sit on the Cartwright School District governing board. The complaint, filed on February 13 by Cecilia Moreno, raises questions about potential conflicts of interest under Arizona law, which prohibits relatives living in the same household from serving on the same school board within four years.

Cassandra, who is 20 years old, was recently elected to the board and commenced her term on January 1. Her mother currently serves as the board’s president, a position she will hold until her term expires in 2027. As the legal process unfolds, Rep. Lydia Hernandez is also promoting HB2883, a bill designed to establish biennial training requirements for school board members, adding complexity to her situation.

In a recent development, Rep. Consuelo Hernandez (D-Tucson) proposed an amendment to HB2883 that would allow individuals with immediate family members on the board to serve, provided they are under 20 and reside in a separate household. This amendment was approved by House members on March 3, although the full chamber has yet to vote on the bill, raising concerns about the motivations behind the timing of the amendment.

Former board president Anna Abeytia expressed skepticism about the relevance of the amendment to the bill, suggesting it might be a strategic move by Lydia Hernandez to mitigate legal issues arising from the complaint. Critics, including Moreno’s attorney, James Barton, argue that the amendment demonstrates a lack of integrity among the board members. He doubts the bill will reach Governor Katie Hobbs for approval, particularly since it lacks a retroactive clause that could affect ongoing legal proceedings.

Court documents show that both Lydia and Cassandra Hernandez have been formally notified of the lawsuit against them, which includes the Cartwright School District. According to Abeytia, the amendment to the bill was introduced shortly after Hernandez received notice of the lawsuit, leading to further speculation about the motivations behind the legislative changes.

The duo’s recent decision to place the district’s interim superintendent, Ema Jauregui, on paid administrative leave has intensified scrutiny of their board actions. This maneuver has led to the unusual situation where the district is financially covering the contracts of three superintendents. Concerns over governance have escalated, with board members like Denice Garcia and Jennifer Romero abstaining from votes due to claims of an illegitimate board. Both Romero and Garcia have voiced their objections to the current leadership style, pointing to a perceived intimidation climate during board meetings.

As the situation develops, the implications of the lawsuit and the ongoing legislative changes continue to shape the discourse surrounding governance within the Cartwright School District.