BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 684 (Block) Hearing Date: 08/15/2011 Amended: 08/15/2011 Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 9-0, E&CA: 4-0 _________________________________________________________________ ____ BILL SUMMARY: AB 684 authorizes the local governing board of a community college district (CCD) to change election systems in accordance with the bill's provisions and the California Voting Rights Act of 2001 (CVRA). This bill specifically provides for the number and election of members, and the reapportionment of trustee areas for the governing board of the Grossmont-Cuyamaca CCD. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund CCD waiver authority Potentially significant one-time savings Local Grossmont/Cuyamaca Local request; non-reimbursable costs Local _________________________________________________________________ ____ STAFF COMMENTS: The CVRA provides that an at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class (as defined by the federal Voting Rights Act) to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. If such a violation of the CVRA is alleged, an individual or group can sue the entity that oversees the at-large election method; in this case, individuals can sue a CCD. Upon a finding of a violation of the CVRA, the court would (and has in cases against local government entities) implement appropriate remedies, including the imposition of district-based elections that are tailored to remedy the violation. Courts AB 684 (Block) Page 1 frequently award the prevailing party legal fees, as well. In order for a CCD that uses an at-large election system to switch election systems to trustee area elections (for any reason, including a belief that it may be in violation of the CVRA), it must hold an election to authorize the change in election systems. K-12 schools can request a waiver of this requirement from the State Board of Education (for local school board elections) and avoid the cost of an election in order to come into compliance with the CVRA. Community colleges do not have a clear option for requesting a waiver, though the State Board of Education has granted at least one to a county office of education on behalf of a CCD. Allowing the governing board of a CCD to grant a waiver to avoid the preliminary election would save election (and related) costs for the CCD. Staff notes that even in the event of an election to approve an election system change, the voters could reject the change. If a CCD was in violation of the CVRA and the voters rejected its proposal to change election systems, it would likely be subject to litigation and lose. The CCD would likely be responsible for changing the system anyway, and for the plaintiff's legal fees. This bill would allow community college districts to avoid costly elections and potential litigation costs. This bill requires the Grossmont-Cuyamaca CCD to change from an at-large trustee election system to a trustee area election system. It specifies the procedure by which this must occur, and requirements of the new system. While the other provisions of this bill are permissive for all CCDs, this provision presents a new state mandate on the Grossmont-Cuyamaca CCD. This mandate is not, however, reimbursable because it is being proposed at the request of the local governing body upon which it would be imposed. The governing board of the Grossmont-Cuyamaca CCD adopted a resolution in February 2011 expressing its need for special legislation in order to begin to implement its planned election system change, and proposing that legislation be sought. The CCD has also provided this committee with a letter indicating that it has requested the introduction of AB 684's provisions regarding its CCD and acknowledging that it will bear all costs related to changing to a trustee area election system as specified in the legislation. AB 684 (Block) Page 2