BILL NUMBER: AB 684 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Block
FEBRUARY 17, 2011
An act to add Section 72036 Sections 72036
and 72036.5 to the Education Code, relating to community
colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 684, as amended, Block. Community college districts: trustee
elections.
Existing
(1) Existing law establishes the
California Community Colleges, which are administered by the Board of
Governors of the California Community Colleges. The board of
governors provides general supervision over each community college
district and performs specified functions. Each community college
district is under the control of a board of trustees.
Existing law provides various procedures for the nomination and
election of the governing boards of community college districts.
Existing law specifies the number of members on the board, residency
requirements, length of terms, and the drawing of trustee boundaries.
This bill would authorize the governing board of a community
college district to change election systems, as specified,
in accordance with the provisions of this section
bill and the California Voting Rights Act. The
Act of 2001, subject to approv al by the
Board of Governors of the California Community Colleges
would be required to approve the changed election system
. The bill would authorize the governing board of a
community college district to establish elections by
trustee areas. In establishing trustee areas, the territory of a
district would be divided into trustee areas, and one member of the
governing board would be elected from each trustee area. A candidate
for election as a member of the governing board would be required to
reside in, and be registered to vote in, the trustee area he or she
seeks to represent. The governing board would be authorized to set
the initial boundaries of each trustee area to reflect the population
enumerated in the most recent decennial federal census. Thereafter,
the boundaries of trustee areas would be adjusted, abolished, or
rearranged as specified. This bill would authorize a
the governing board of a community college
district to determine the number of trustees, and that
would require the governing board may
to be composed of 5 to 9 members. The board
would be authorized to establish, abolish, or adjust trustee areas
and terms of office, as specified. The bill would specify that the
act would not apply to any community college district that
enacts a specific statutory framework is authorized by
statute to provide for its own trustee elections.
(2) This bill would establish a procedure for the election of
members, and the reapportionment of trustee areas of the governing
board of the Grossmont-Cuyamaca Community College District. The bill
would provide that candidates for election to the board be nominated
by trustee area, as defined, at a primary election held on the date
of the statewide direct primary election. The 2 candidates receiving
the highest number of votes would be the nominees for the general
election for that trustee area. The candidate receiving a majority of
the votes cast in the general election would be elected to represent
that district, and would hold office for a 4-year term, as
specified. Members of the board holding office on the effective date
of this act would continue to hold office, as specified. The bill
would require the governing board to be composed of 5 to 9 members,
as determined by the board, and to establish, abolish, or adjust
trustee areas and terms of office, as specified. This bill would
require the boundaries for trustee areas established by resolution of
the governing board of the district, or adopted by the county
committee on school district organization prior to January 1, 2012,
to reflect population changes enumerated in the 2010 decennial
federal census, to be in effect when then the act becomes operative.
The bill would require the boundaries to be set so that the
population of each area is in proportion to the other districts. The
bill would thereafter require the boundaries to be adjusted,
abolished, or rearranged, as specified.
(3) By imposing the above requirements on the Grossmont-Cuyamaca
Community College District, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72036 is added to the Education Code, to read:
72036. Notwithstanding any other provision of
law, the governing board of a community college district is
authorized to may change election systems, in
accordance with the provisions of this section and the California
Voting Rights Act, Act of 2001 (Chapter 1.5
(commencing with Section 14025) of Division 14 of the Elections
Code), upon the adoption by the board of trustees of a
resolution in support of electing the trustees in accordance with
this section and upon the approval of the Board of Governors of the
California Community Colleges, as follows:
(a) The governing board of a community college district may
establish elections by trustee areas. In establishing trustee areas,
the territory of a 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. The governing board shall set the initial
boundaries of each trustee area to reflect substantially equal
population in each district as enumerated in the most recent
decennial federal census. Thereafter, the boundaries of trustee areas
shall be adjusted pursuant to Section 5019.5, and may be abolished
or adjusted as otherwise provided in this code.
(b) The governing board of a community college district may
establish a top-two primary election system , as follows.
Candidates for election as a member of a governing board of a
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 district general election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
trustee area in the district general election shall be elected to
represent that trustee area. The district general election shall be
held on the same date as the statewide general election.
(c) The governing board of a community college district may
determine the number of trustees pursuant to this subdivision. The
governing board of a community college 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 a
governing board is increased or decreased, a 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 a 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 district general 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 district general 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 district general election succeeding their election.
(d) This section shall not apply to any community college district
that has been authorized by statute to provide for its own trustee
elections.
SEC. 2. Section 72036.5 is added to the
Education Code , to read:
72036.5. (a) Notwithstanding any other law, the number of
members, the election of members, and the reapportionment of trustee
areas of the governing board of the Grossmont-Cuyamaca Community
College District shall be provided for pursuant to this section.
(b) For purposes of this section, "district" means the
Grossmont-Cuyamaca Community College District.
(c) 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 district general election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
trustee area in the district general election shall be elected to
represent that trustee area. The district general election shall be
held on the same date as the statewide general election.
(d) Candidates for election as members of the governing board of
the district shall file a declaration of candidacy as provided in
this code. Each member of the governing board elected at the district
general election shall hold office for a term of four years
commencing on the first Friday in December following his or her
election.
(e) The members of the governing board of the district that are in
office on the effective date of the act that enacted this section at
the 2011-12 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.
(f) 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 of the district shall reside in, and be registered to
vote in, the trustee area he or she seeks to represent.
(g) 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 district general 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
district general 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 district
general election succeeding their election.
(h) Boundaries for trustee areas established by a resolution of
the governing board of the district or adopted by the county
committee on school district organization prior to January 1, 2012,
to reflect population changes enumerated in the 2010 decennial
federal census shall be in effect when this act becomes operative.
The boundaries of each trustee area shall be set 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.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.