BILL ANALYSIS Ó
AB 680
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ASSEMBLY THIRD READING
AB 680 (Block)
As Amended May 5, 2011
Majority vote
HIGHER EDUCATION 8-0 ELECTIONS 6-0
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|Ayes:|Block, Achadjian, |Ayes:|Fong, Logue, Bonilla, |
| |Brownley, Fong, Galgiani, | |Gatto, Swanson, Valadao |
| |Lara, Miller, Portantino | | |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Smyth, | | |
| |Solorio, Wagner | | |
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SUMMARY : Establishes provisions governing the number of members,
the election 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 the GCCCD governing board shall be
nominated by a 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 bill shall remain in office
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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 board seats.
5)Requires the GCCCD or the county committee on school district
organization to adopt trustee area boundaries before January 1,
2012, to reflect the population changes enumerated in the 2010
decennial federal census, and requires these boundaries to be in
effect when this bill becomes operative. 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.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
negligible state costs, as this bill was requested by the GCCCD,
who will bear any costs for its implementation, and potential
significant one-time savings to the GCCCD in avoiding the costs of
an election seeking approval to change from at-large to trustee
area representation.
COMMENTS :
Background : Following each decennial federal census, community
college districts (CCDs) in which governing board members are
elected by a 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
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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), ƯAB 976
(Polanco), 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 area 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.
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
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diversity of GCCCD, and provide an electoral process that mirrors
that of neighboring San Diego CCD.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916) 319-3960
FN: 0000700