Type Name of Presentation Here Legal & Policy Criteria Governing Establishment of Trustee Areas: Glendale Community College District November 18, 2014.

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Presentation transcript:

Type Name of Presentation Here Legal & Policy Criteria Governing Establishment of Trustee Areas: Glendale Community College District November 18, 2014

Process: Key Dates Community College District “By-Trustee Areas” Board of Trustees Adopts Resolution No , approving the move to trustee area elections: October 21, Demographic Consultant to Propose Draft Trustee Area Plans: Dec. 12, Initial Public Presentation of Draft Trustee Areas: January 27, 2014 Public Hearings on Draft Trustee Area Plans: February 17, 2015, and March 17, 2015 Anticipated Board of Trustees completion date: March 17, 2015, to allow time for Board of Governors approval. (Education Code § 72036). Board of Governors to take action in May - July First election using new trustee areas: April Glendale Community C0llege District – Establishment of Trustee Areas

Process: Effect of Redistricting on Incumbents No trustee’s term cut short (see Educ. Code § 5021; Elec. Code § 22000(e)), but When his or her term ends, an incumbent can only run from the new trustee area in which he or she resides. Glendale Community C0llege District – Establishment of Trustee Areas

Drawing the Lines: Legal Considerations Overriding criterion is population equality (see Educ. Code § (a)(1); Reynolds v. Sims, 377 U.S. 533 (1964). Unlike congressional districts, local electoral districts do not require perfect equality—just “substantial” equality. Some deviation acceptable to serve valid governmental interests. Total deviation less than 10% presumptively constitutional. (Caution: the presumption can be overcome!) Total District Population: 213,883 persons Ideal Trustee Area (5 areas): 42,777 persons Ideal Trustee Area (7 areas): 30,555 persons Glendale Community C0llege District – Establishment of Trustee Areas

Legal Considerations: Voting Rights Act Section 2 of the federal Voting Rights Act prohibits electoral systems, including redistrictings, which dilute minority voting rights by denying minorities an equal opportunity to nominate and elect candidates of their choice. California Voting Rights Act is silent with respect to the shape of electoral zones, so long as they are used. Only requires creation of majority-minority districts. Bartlett v. Strickland, 559 U.S. 1 (2009). Glendale Community C0llege District – Establishment of Trustee Areas

Voting Rights Act: Cracking Glendale Community C0llege District – Establishment of Trustee Areas District 1 District 2 District 3 District 4 Minority Voters

Voting Rights Act: Packing Glendale Community C0llege District – Establishment of Trustee Areas Minority Voters District 1 District 2 District 3 District 4 Minority Voters

Legal Considerations: No Racial Gerrymandering The Fourteenth Amendment prohibits using race as the “predominant” criterion in drawing districts and the subordination of other considerations. Shaw v. Reno, 509 U.S. 630 (1993) ; Bush v. Vera, 517 U.S. 952 (1996); Miller v. Johnson, 515 U.S. 900 (1995). It does not, however, prohibit all consideration of race in redistricting. Easley v. Cromartie, 532 U.S. 234 (2001). Looks matter! Bizarrely shaped trustee areas can be evidence that racial considerations predominate. Focus on communities of interest. Glendale Community C0llege District – Establishment of Trustee Areas

Legal Considerations: Other Permissible Criteria Topography. Geography. Cohesiveness, contiguity, compactness and integrity of territory. Communities of interest. (See Elec. Code § 21601) Glendale Community C0llege District – Establishment of Trustee Areas

Legal Considerations: Other Permissible Criteria Some other legitimate criteria include: – Preventing head-to-head contests between incumbents. – Respecting the boundaries of political subdivisions (e.g., school attendance areas, city boundaries, county boundaries, etc.). – Use of whole census geography (e.g., census blocks) Glendale Community C0llege District – Establishment of Trustee Areas

Type Name of Presentation Here Legal & Policy Criteria Governing Establishment of Trustee Areas: Glendale Community College District November 18, 2014