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

Purpose of Tonight’s Meeting 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.). -Meter starts running the moment a demand letter is received

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

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 District passed this resolution last week

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 – 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

District Demographics – Citizen Voting Age Population 2010-2014 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%

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 . . . ” -Route 14 -Sierra Highway -Avenue J -Palmdale Regional Airport -Route 138 -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)

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 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

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