1. 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

2. Purpose of Discussion 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.).

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 (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

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
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

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 –
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

13. District Demographics – 2011-2015
Citizen Voting Age Population (Eligible Voters)
Population
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%

14. District Demographics – 2011-2015
Citizen Voting Age Population (Eligible Voters)
Population
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%

15. Elementary School Boundaries

16. 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

17. Middle School Boundaries

18. 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

19. How Might the District be Divided?

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

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

22. 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)

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

24. 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.

25. 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)

26. 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.

27. 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

28. 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).)

29. 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.