OC Board of Education member failed to report millions in income and assets, court finds

An Orange County Superior Court judge this week found that Orange County Board of Education member Marilyn “Mari” Barke failed to report millions of dollars in assets and income in her annual economic disclosure filings over multiple years.

Barke will have to pay nearly $82,000 in penalties, as well as attorneys’ fees, according to a proposed decision statement. The fees could amount to hundreds of thousands of dollars.

What’s next? 

State court rules allow parties 15 days to file objections to the proposed decision. After that, the court will be able to enter a final judgment.

About the case

Barke was elected to the OC Board of Education in 2018, and she currently serves as a board trustee. She is also the director of coalitions at the California Policy Center, an educational non-profit.

Under the California Political Reform Act, local elected officials are required to disclose their income, investments and other assets.

Barke filed amended financial statements for 2018 through 2021, following a complaint by private citizen made in February 2023. The Fair Political Practices Commission in 2024 found Barke liable on 16 counts for failing to report that income. Barke agreed to a settlement and paid a $3,200 penalty.

The judge later found that the FPPC’s settlement did not fully address the “willfulness/recklessness” or “adequacy of corrective efforts,” according to the proposed decision statement from Orange County Superior Court Judge H. Shaina Colover.

According to the court records, Barke argued that the mistakes in her filings were because she was following the advice of her now ex-husband, Dr. Jeff Barke, who she says advised her that the filings only needed to list economic interests if they conflicted with her role on the board.

Colover's response was that Barke’s reliance on that alleged advice was objectively unreasonable and wrong.

The response

Lynne Riddle, a retired judge who filed the complaint, said in a statement that financial interest disclosures are critical to the public.

“When elected officials flout their disclosure obligations like this, it undermines the public's right to honest and ethical government,” stated Riddle, who has published op-eds about charter schools and the OC Board of Education. “The Court’s decision vindicates the public’s right to know what their elected officials are doing.”

Riddle said the ruling and penalties should send a clear message that elected officials cannot shirk their responsibilities to disclose their economic interests.

Barke’s lawyer, Mark Rosen, in a statement to LAist, said: "From the start, this case was a vendetta against Mrs. Barke because she supports charter schools."

“As a first-time candidate, she made some technical mistakes in her forms with the Fair Political Practices Commission, and she freely admitted and corrected those mistakes and paid a fine,” Rosen said. “The anti-charter schools gang then piled on with this frivolous lawsuit.”

There are mistakes in the court’s decision, and “we are exploring a further course of action,” Rosen added.