BILL ANALYSIS Ó
AB 680
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Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 680 (Block) - As Amended: March 29, 2011
SUBJECT : Community college districts: Grossmont-Cuyamaca
Community College District.
SUMMARY : Establishes provisions governing the number of
members, the elections of members, and the reapportionment of
trustee areas for the Grossmont-Cuyamaca Community College
District (GCCCD) governing board. Specifically, this bill :
1)Provides that candidates for GCCCD governing board shall be
nominated by trustee area at a primary district election held
on the date of the statewide direct primary election, the two
candidates receiving the most votes in the primary shall move
to the general election ("Top Two Primary") to be held on the
same date as the statewide general election, and the candidate
receiving a majority of votes in the general election shall be
elected to represent that trustee area.
2)Requires candidates to file a declaration of candidacy, and
provides that governing board terms shall be four years
commencing on the first Friday in December following the
election. Provides that members of the GCCCD governing board
in office on the effective date of this legislation shall
remain in office until the first Friday in December of the
year in which their terms of office would otherwise have
terminated.
3)Provides that the GCCCD shall be divided into trustee areas
and requires candidates for each trustee area to reside in,
and be registered to vote in, the trustee area he/she seeks to
represent.
4)Provides that the GCCCD governing board shall be composed of
between five and nine members, determined by the governing
board, and provides the governing board authority to adjust
trustee areas accordingly. Provides that for increases in
governing board membership, the additional members are to be
elected at the next regular general election at least 123 days
after the decision, and the GCCCD governing board is to
stagger the terms and reelection dates for the new governing
AB 680
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board seats.
5)Requires the GCCCD to set trustee area boundaries before March
1, 2012 to reflect the population enumerated in the 2010
decennial federal census. Provides if the GCCCD fails to meet
this deadline, the county committee on school district
organization shall establish trustee area boundaries by April
30, 2012. Requires the boundaries to be nearly equal
populations. Provides that the adjustment of district
boundaries for subsequent decennial censuses shall be
conducted in accordance with existing law.
EXISTING LAW : Establishes various requirements related to the
organization of California Community College Districts (CCCD)
and the election of CCCD governing board members.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS : Double-referral : This bill is double-referred to the
Assembly Elections and Redistricting Committee.
Background : Following each decennial federal census, CCDs in
which governing board members are elected by trustee area are
required to redraw district lines to adjust for population
changes. CCDs in which governing board members are elected at
large but are assigned to a particular area may adjust the
boundaries of the areas with new census data. CCDs where
governing board members may live anywhere in the district and
are elected at large, elected at large for a designated
non-geographic seat, or elected at large for a designated seat
in a primary and general are not required to adjust district
boundaries. However, under the California Voting Rights Act
(CVRA), Chapter 129, Statutes of 2002, CCDs must evaluate
whether switching to a trustee area election system would enable
a protected class to elect a member of that protected class. If
the creation of trustee areas is likely to enable a protected
class to elect a member of that class, CCDs are required to
switch to trustee area elections. Existing law outlines several
procedures for changing to a trustee are election method, these
procedures require a vote of the electorate approving of the
transition, prior to its implementation, unless a waiver of the
election requirement can be obtained. Waivers can be filed with
the State Board of Education, through the County Office of
Education, requesting to waive the election requirement.
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GCCCD governing board elections : GCCCD governing board members
are currently elected in at-large elections in which each
governing board member is elected by the registered voters of
the entire district. Resolution No. 11-016, approved by the
GCCCD governing board on February 22, 2011, expresses concern
that the current at-large system is subject to challenge, and
related costly litigation, under the CVRA. Further, the
resolution expresses support for the "Top-Two Primary" system
that was approved by voters in in June, 2010 (Proposition 14).
Existing law authorizes GCCCD to switch to trustee area and
"Top-Two Primary" elections through a vote of the district;
however, GCCCD is seeking Legislation to authorize these changes
due to the high cost and uncertainty of the outcome of
submitting the matter to an election.
Purpose of this bill : According to the author, the current
system of election for GCCCD governing board elections has the
potential for a concentration of members from one small area of
the district, subverting geographic representation of district
voters. The author notes that at-large elections are more
costly than smaller trustee-area elections, creating a higher
barrier to entry for some candidates to successfully compete to
win office. More importantly, at-large electoral systems are
subject to challenge under the CVRA if it can be determined that
the opportunity to suppress election of a minority candidate
exists. The author points out that, of the last 20 board
trustees elected, only three were persons of color. This bill
is intended to strengthen the diversity of GCCCD, and provide an
electoral process that mirrors that of neighboring San Diego
CCD.
Related legislation : AB 684 (Block), pending in the Assembly
Elections and Redistricting Committee, would authorize a CCD to
adjust the number of members, the election of members, and the
reapportionment of trustee areas of the governing board
substantially similar to the provisions outlined in this bill,
upon the passage of a resolution by the governing board.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of Teachers Guild, Local 1931
Grossmont-Cuyamaca Community College District
AB 680
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Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960