Faulted by judge, official refuses to resign

Montclair councilman was found civilly liable in sexual harassment case.

- GAVIN J. QUINTON

JUDGE found Montclair Councilman Ben Lopez civilly liable for sexual harassment. He denies wrongdoing.

A judge found Montclair Councilman Ben Lopez civilly liable for sexual harassment last week for subjecting two city employees to repeated unwanted sexual advances, according to court documents and interviews.

But despite calls from city leaders and residents for his resignation, Lopez has given no indication he plans to step down. His decision to remain on the City Council has saddled the Pomona Valley community with hundreds of thousands of dollars in insurance costs, city officials say, and compounded the toll on the two City Hall employees.

"It feels like we are back in square one," plaintiff Edmund Garcia said. "I still constantly feel like I have to watch my back." Lopez has denied wrongdoing. "I have maintained my innocence. I don't think the city should have been dragged into this proceeding at all," he said during a council meeting Dec. 15.

Lopez did not respond to requests for comment. Only Montclair voters have the power to strip Lopez of his position, according to Brian Hannemann, an attorney who represented Garcia and his co-plaintiff, Mikey Fuentes. Because the case was tried in civil court, Lopez does not meet the legal threshold to be automatically removed from the council — which would require him to be convicted of a felony.

"In any other workplace, a supervisor found liable for this conduct would be fired immediately," Hannemann said. "But because he's an elected official, the victims still have to see him wield power.

That's the injustice here." In the decision released Dec. 15, San Bernardino County Superior Court Judge Kory Mathewson concluded that Lopez violated California's Fair Employment and Housing Act by repeatedly subjecting Garcia and Fuentes to unwanted sexual advances, including anonymously sending explicit photographs and messages on dating apps.