A Democrat in the Arizona House of Representatives is attempting to change state law while being the defendant in a complaint filed against her and her daughter for sitting on the same school board after living in the same house. 

Rep. Lydia Hernandez, D-Phoenix, is a defendant in a civil complaint filed against her and the Cartwright School District for sitting on the board with her daughter, Cassandra Hernandez, despite the two living together in the last four years. 

The complaint was filed on Feb. 13 by Cecilia Moreno, who resides within Cartwright’s boundaries. Under Arizona law, school board members are not eligible to hold office if they are related to “immediate family who have the same household of residence within four years” on the same board. 

Cassandra Hernandez, 20, was just elected to the board and began her term on Jan. 1. Her mother is the president of the board and her term ends in 2027. 

Lydia Hernandez is the sponsor of HB2883, a measure that would establish biennial training requirements for school district governing board members. 

Rep. Consuelo Hernandez, D-Tucson, drafted an amendment to the bill on Feb. 25 that would allow an individual to be eligible for a school board position with an immediate family member on the board if they are under 20 years of age and currently reside in a different household than the immediate family member. 

The amendment was approved by House members on March 3, but the House has not taken up the measure for a vote by the entire chamber yet. 

Rep. Anna Abeytia, D-Phoenix, previously served as the president of Cartwright’s governing board before Lydia Hernandez and the two sat on the board together. Abeytia said on March 5 that she didn’t think the amendment had anything to do with the bill. 

“This is a way for her to save her a** and make sure if this bill were to get signed into law, then she has something to cover her in court if we don’t get to court on time,” Abeytia said.

In a March 5 text to the Arizona Capitol Times, Lydia Hernandez referenced other instances of family members serving on government agencies, including 25-year-old San Luis City Councilman Esteban Rosales who was elected last November. 

Rosales’ father Matias Rosales served on the city council for 12 years prior to Esteban Rosales being sworn in and unsuccessfully ran for the legislature in Legislative District 23. 

“It’s not applicable to [Cassandra Hernandez],” Lydia Hernandez said of the bill.

Lydia Hernandez didn’t respond to follow-up questions from the Arizona Capitol Times.

Consuelo Hernandez declined to comment to reporters following the March 4 House session. Consuelo Hernandez also didn’t respond to other requests for comment from the Arizona Capitol Times. 

“It just shows how corrupt they are,” said Moreno’s attorney James Barton of the amendment. 

Barton said he didn’t believe the bill would make it to the desk of Gov. Katie Hobbs and would likely not impact the case. There isn’t a retroactivity clause in the bill and it’s unclear if the measure would affect the complaint against Cartwright if it were to become law. 

Documents from Maricopa County Superior Court indicate Lydia Hernandez and her daughter have been served with legal notice of the lawsuit against them, as well as Cartwright School District and its governing board. 

Abeytia said the amendment to HB2883 was filed shortly after Lydia Hernandez was served with notice of the lawsuit. 

“It’s a very weird coincidence that this is happening right after she’s being served,” Abeytia said. 

Cassandra Hernandez and Lydia Hernandez recently voted to place the district’s interim Superintendent Ema Jauregui on paid administrative leave during a special governing board meeting on Jan. 17 to investigate the “circumstances and legality” of Jauregui’s contract.

That decision means Cartwright is currently paying out three contracts to fill the same position of superintendent: Jauregui’s, retired Superintendent Aguilar Lawlor’s contract and now acting Superintendent Steve Watson’s contract, who board members appointed in a 3-2 vote after Jauregui was placed on leave.

Meeting minutes from the school district indicate two members of the board abstained from voting because they disapproved with the makeup of the school board. 

Governing board member Denice Garcia said during the meeting that she believed the board was operating with an illegal school board and abstained from the vote.

Board member Jennifer Romero also abstained from voting and a motion for the district to proceed with negotiations with candidates for acting superintendent while Jauregui was on leave. The vote passed 3-0, and led to outbursts from several members of the audience directed toward Lydia Hernandez. 

Romero said during the meeting that she believed a “heavy police presence” at the meeting was a disservice to audience members and asked Lydia Hernandez to apologize for using intimidation tactics to frighten people in attendance.

Abeytia said Lydia Hernandez requested police at board meetings when she was on the school board, but Abeytia denied the request because she didn’t think there were any threats to the board and security costs about $90-$100 per officer. 

Since Lydia Hernandez has become president, there have been three or four officers at every board meeting, Abeytia said.

Moreno’s complaint states the school board has proposed to buy out Jauregui’s contract while the district is underfunded.