Peter Fagen, F3 Larry Ferchaw, CS James Ayden, F3 August 8, 2017 Public Hearing: Comments in Advance of Preparing Trustee Area Map Options Peter Fagen, F3 Larry Ferchaw, CS James Ayden, F3 August 8, 2017

Purpose of Discussion Introduction to CVRA Step-by-step Process Public Hearing

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.

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).)

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.).

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 (reduced to just under $200k) (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

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.

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.

Next Steps

First Step for Establishing By-Trustee Area Elections Pass a resolution of governing board declaring: Intent to establish “by-trustee area” election system Must occur within 45 days of receipt of a “Demand Letter” to limit pre-litigation costs (Capped at $30,000) District passed this resolution in late July

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

District Demographics – Census Data Population Total Population Age 18 and over Total % Hispanic/Latino 6,663 14,47% 5,023 14.05% White 20,380 44,27% 16,392 45.87% Black/ African American 4,214 9.15% 3,747 10.48% American Indian/ Alaska Native 164 0.36% 151 0.42% Asian 12,170 26.44% 8,993 25.16% Native Hawaiian/ Pacific Islander 277 0.60% 238 0.67% Other 141 0.31% 98 0.27% Two or More Races 2,027 4.40% 1,097 3.07% 46,036 100% 35,739

District Demographics – 2011-2015 Citizen Voting Age Population (Eligible Voters) Population 2011-2015 CVAP Total % Hispanic/Latino 3,771 11.63% White 16,771 51.53% Black/African American 2,716 8.38% American Indian/ Alaska Native 202 0.62% Asian 8,708 26.85% Native Hawaiian/ Pacific Islander 98 0.30% Other N/A 0.00% Two or More Races 222 0.68% Total Population 32,428 100%

District Demographics – 2011-2015 Citizen Voting Age Population (Eligible Voters) Population 2011-2015 CVAP Total % Hispanic/Latino 3,771 11.63% White 16,771 51.53% Black/African American 2,716 8.38% American Indian/ Alaska Native 202 0.62% Asian 8,708 26.85% Native Hawaiian/ Pacific Islander 98 0.30% Other N/A 0.00% Two or More Races 222 0.68% Total Population 32,428 100%

Elementary School Boundaries

Elementary School Enrollment Data (as of August 2017) 5720 Elementary School Students Amador: 967 Dougherty: 944 Dublin: 877 Frederiksen: 814 Green: 824 Kolb: 949 Murray: 478

Middle School Boundaries

Middle/High School Enrollment Data (as of August 2017) 2523 Middle School Students Fallon: 1533 Wells: 1004 2764 High School Students Dublin: 2764 Aware of rapid projected growth at many District campuses

How Might the District be Divided?

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

Type of Feedback & Commentary Being Solicited “I think . . . . . . may make sense as a trustee area boundary because . . . ” -Arnold Road -Amador Valley Blvd. -680 -Coyote Creek -Dougherty Road -Camp Parks -Tassajara Road -Fallon Road -It seems like a natural boundary -It makes sense geographically

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)

Common Local Considerations Additional considerations/guidance: Dividing school attendance boundaries amongst several “trustee areas” Distributing school sites amongst “trustee areas” High growth areas

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.

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)

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.

Preliminary Timeline July 24, 2017 Board Meeting: Pass Resolution to Initiate Transition to By-Trustee Area elections August 8, 2017 Board Meeting: First Pre-Map Public Hearing August 16, 2017 Pre-Map Community Input Meeting: Wells Middle School (Dining Pavilion) at 6:30pm August 17, 2017 Board Meeting: Second Pre-Map Public Hearing August 21, 2017 Pre-Map Community Input Meeting: Fallon Middle School (Multipurpose Room) at 6:30pm September 5, 2017 Community Input Meeting on Map options: Fallon Middle School (Multipurpose Room) at 6:30pm September 11, 2017 Community Input Meeting on Map options: Wells Middle School (Dining Pavilion) at 6:30pm September 12, 2017 Board Meeting: First Public Hearing on Trustee Area Scenarios September 18, 2017 Board Meeting: Second Public Hearing on Trustee Area Scenarios September 26, 2017 Board Meeting: Final Public Hearing on Trustee Area Scenarios Board Selection of Trustee Area map Board Consideration of Change in Election Method Public Hearing on General Waiver Request Board Consideration of General Waiver Request October 2017 County Committee on School District Organization holds a public hearing and considers approval of change in election method and trustee area map Fall 2017/Winter 2018 State Board of Education meeting; waiver application consideration November 6, 2018 First election held utilizing Trustee Areas

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 5019.5(a).)

Final Thoughts Does not change overall District boundaries Does not change school attendance boundaries Does not change how the District is governed Still one district with common goals and challenges!!! What are ways this can be accomplished? -Revise board bylaws and Board member code of ethics: Represent and act in the best interests of the district, not any one individual, group or trustee area.