BILL NUMBER: AB 680 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Block
FEBRUARY 17, 2011
An act to amend Section 72035 of the Education Code, relating to
community college.
LEGISLATIVE COUNSEL'S DIGEST
AB 680, as introduced, Block. Community college districts: San
Diego County.
Existing law provides that electors of any community college
district embraced within the corporate limits of a city governed by
charter shall be deemed to have submitted to be governed by the
provisions of the charter in all matters relating to the management
of public schools within the community if the electors have
participated in, and voted at, any school election held under the
provisions of the charter. Existing law also establishes a different
procedure for the election of the members of the governing board of
the San Diego Community College District.
This bill would make a technical, nonsubstantive change to this
procedure.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72035 of the Education Code is amended to read:
72035. Notwithstanding any other provision of law, including, but
not limited to, Sections 5000.1 and 5010.5, and the Charter of the
City of San Diego, the number of members, the election of members,
and the reapportionment of trustee areas of the governing board of
the San Diego Community College District shall be conducted pursuant
to this section.
(a) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
At the district primary election, the two candidates receiving the
highest number of votes within the trustee area shall be nominees for
the general district election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
district in the districtwide general district election shall be
elected to represent that trustee area. The general district election
shall be held on the same date as the statewide general election.
Candidates for election as members of the governing board shall
file a declaration of candidacy as provided in this code. Each member
of the governing board elected at the general district election
shall hold office for a term of four years commencing on the first
Friday in December next succeeding his or her election.
The members of the governing board in office on the effective date
of the act that enacted this section at the 1991-92 Regular Session
of the Legislature shall hold office until the first Friday in
December of the year in which their respective term of office would
otherwise have terminated, or until a successor qualifies
therefor for the office .
(b) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
(c) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular general district election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next general district election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
general district election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second general
district election succeeding their election.
(d) The governing board shall adjust the boundaries of each
trustee area in existence on January 1, 1992, to reflect population
changes enumerated in the 1990 decennial federal census. The purpose
of the adjustment is to establish trustee areas so that the
population of each area is, as nearly as may be, the same proportion
of the total population of the district as each of the other areas.
Thereafter, the boundaries of trustee areas shall be adjusted
pursuant to Section 5019.5 and may be abolished or rearranged as
otherwise provided in this code.
(e) Pursuant to Sections 5019 and 5030, the county committee on
school district organization may propose to the district voters that
the member residing in each trustee area be elected by the registered
voters of that particular trustee area. The proposal shall be
submitted to the voters of the district at the next regular general
district election occurring at least 123 days after the adoption of
the proposal by the county committee on school district organization.
If that proposal is approved by a majority of the voters voting in
the election, then notwithstanding subdivision (a), there shall be no
direct primary election for governing board members at the next
election for members. Instead, members shall be elected at a general
district election held on the same day as the statewide general
election. At that general district election, board member candidates
shall be elected to represent the trustee area in which they reside
and are registered to vote by the registered voters of that trustee
area. The candidate in each trustee area receiving the highest number
of votes shall be elected.