1. Comments in Advance of Preparing Trustee Area Map Options
Public Hearing:
Comments in Advance of Preparing Trustee Area Map Options
Milton Foster
Jason Martinez
May 11, 2017

2. Purpose of Tonight’s Meeting
Introduction to CVRA
Step-by-step Process
Public Hearing

3. What is the California Voting Rights Act (“CVRA”)?
Took effect January 1, 2003.
Prohibits the use of “at-large” elections when such an election system:
“impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election….” (Elections Code §14027.)
Note:
Based on federal Voting Rights Act, but broader language and easier to bring suit; does not expressly require that a minority group show it is large enough and compact enough to elect a candidate of choice
Signing Message by Gov. Davis - Act seeks to ensure elected representatives reflect their surrounding community and the demographics of the state. Good goal to have.

4. Does not require intent
The CVRA is far broader than its federal counterpart.
Much easier for a plaintiff to bring a claim against a government entity.
Proof of intent on the part of voters or elected officials to discriminate against a protected class is not required.
(Elections Code §14028(d).)
With a claim that a governing body is in violation of the CVRA, proof of intent on the part of voters or elected officials to discriminate against a protected class is not required (Elections Code §14028(d).)

5. Right to Attorneys’ and Expert Fees
CVRA grants a prevailing plaintiff the right to recover reasonable attorneys’ fees AND expert witness fees.
If district wins, it is not
granted the same right.
(Elections Code §14030.).
-Meter starts running the moment a demand letter is received

6. Major CVRA Litigation to Date
Recent Years:
$110,000 (Gomez v. Hanford Joint Union School District)
$3 million (Sanchez v. City of Modesto)
$1.2 million (Rey v. Madera Unified School District)
$500,000 (Avitia, et al. v. Tulare Local Healthcare District)
$4.5 million + interest (Jauregui v. City of Palmdale)
It is important to note that these amounts do not account for the fees paid to the entity’s own attorneys.
Palmdale case – 1.5 Million to own attorney’s as well

7. The Only Safe Harbor Guarantee from a CVRA claim is…
A transition to “by-trustee” area election system and holding elections using the by-trustee area election system.

8. What is a “By-Trustee Area” Election System?
School district is divided into trustee areas.
A governing board member is elected from each trustee area.
Board members are elected by only the registered voters in the particular trustee area where the governing board member resides.
Other election systems:
“At-Large” Election System is where voters of the entire jurisdiction elect all members to the governing board.
“From Trustee Area” Election System is where each governing board member is elected by voters from the entire jurisdiction, but the district is divided into trustee areas (still treated as at-large election system for CVRA purposes).
“Even year elections” Change election cycle from odd to even years to coincide with state and federal elections.

9. Next Steps

10. First Step for Establishing By-Trustee Area Elections
Pass a resolution of governing board declaring:
Intent to establish “by-trustee area” election system
District passed this resolution last week

11. Current Step: Two Public Hearings
Prior to the preparation of draft trustee voting area plans by the District’s demographer
Receive community comments and public testimony concerning:
The composition of potential trustee voting areas associated with the District’s transition to a by-trustee area election system

12. District Demographics –
2010 Census Data
Population
Total Population
Age 18
and over
Total %
Hispanic/Latino
167,981
44.97%
104,200
40.33%
White
122,597
32.82%
98,613
38.17%
Black/ African American
56,518
15.13%
37,191
14.39%
American Indian/
Alaska Native
1,496
0.40%
1,160
0.45%
Asian
13,891
3.72%
10,917
4.23%
Native Hawaiian/ Pacific Islander
605
0.16%
463
0.18%
Other
1,141
0.31%
755
0.29%
Two or More Races
9,311
2.49%
5,078
1.97%
373,540
100%
258,377

13. District Demographics – Citizen Voting Age Population
CVAP
Total %
Hispanic/Latino
82,649
35.71%
White
95,757
41.37%
Black/African American
37,902
16.38%
American Indian/ Alaska Native
1,003
0.43%
Asian
8,771
3.79%
Native Hawaiian/ Pacific Islander
518
0.22%
Other
N/A
0.00%
Two or More Races
4,849
2.10%
Total Population
231,449
100%

14. How Might the District be Divided?

15. Type of Feedback & Commentary Being Solicited
“I would like to keep Neighborhood X and Neighborhood Y in the same trustee area…”

16. Type of Feedback & Commentary Being Solicited
“I think . . .
. . . may make sense as a trustee area boundary because . . . ”
-Route 14
-Sierra Highway
-Avenue J
-Palmdale Regional Airport
-Route 138
-It seems like a natural boundary
-It makes sense geographically

17. Considerations in Drawing
Trustee Areas
Each area shall contain nearly equal number of inhabitants
Drawn to comply with the Federal Voting Rights Act
Compact and contiguous, as much as possible
Respect communities of interest, as much as possible
Follow man-made and natural geographic features, as much as possible
Respect incumbency if possible
Other local considerations (i.e., attendance boundaries or school sites)

18. Sharing Draft Voting Area Plans with District Constituents
Draft presented to public for comments before final board consideration.
Hold public information sessions
Place draft plans on district website
Translate documents, if necessary
Communicate with County during process.

19. Procedure for Establishing By-Trustee Area Elections
Governing Board Approval of Final Trustee Area Plan – Requires 2 public hearings before 3rd public hearing to adopt final plan.
Approval by County Committee on School District Organization at hearing within District.
Ordinarily, once approved by County Committee, the by-trustee area election proposal and final map would be placed on ballot for approval by electorate; however, the District’s choice to seek a waiver will reduce costs and risk of exposure.
(Education Code section 5020)

20. Final Steps in Completing Transition
File new Voting Area Plan with County Registrar of Voters.
Hold November 2018 Governing Board elections under new by-trustee area election system.

21. Preliminary Timeline May 11, 2017
Board Meeting: First Pre-Map Public Hearing
May 17, 2017
Board Meeting: Second Pre-Map Public Hearing
May 26, 2017
Board Meeting: Public Hearing on General Waiver Request
Board Consideration of General Waiver Request
June 2, 2017
Conduct community input meeting
June 8, 2017
Board meeting: First Public Hearing on Trustee Area scenarios
June 12, 2017
Board meeting: Second Public Hearing on Trustee Area scenarios
June 14, 2017
Board meeting: Final Public Hearing on Trustee Area scenarios
Board Selection of Trustee Area map
Board Consideration of Change in Election Method
July 2017
County Committee on School District Organization holds a public hearing and considers approval of change in election method and trustee area map
September 2017
State Board of Education meeting; waiver application consideration
November 6, 2018
First election held utilizing Trustee Areas

22. Additional Items to Keep in Mind
Once transition made to by-trustee area election system, then following each federal census:
Governing board must approve adjustment of trustee area boundaries to make sure the populations in each trustee area are as nearly as equal as practical, among other things.
(Education Code section (a).)

23. Final Thoughts Does not change overall District boundaries
Does not change school attendance boundaries