AB 450, as introduced, Jones-Sawyer. Postsecondary education: community college trustee areas.
(1) Existing law requires the governing board of each school district or community college district in which trustee areas have been established, and in which each trustee is elected by the residents of the area the trustee represents, to adjust the trustee area boundaries following the decennial census.
This bill would require the governing board of a community college district to make a proposed boundary adjustment public, and to elicit and consider public comment prior to a proposal’s adoption, thereby imposing a state-mandated local program.
(2) Existing law requires members of the governing board of the Los Angeles Community College District to be elected at large in odd-numbered years in a specified manner, except as specified commencing with the 2013 election.
This bill, instead, would require the Board of Trustees of the Los Angeles Community College District to establish 7 trustee areas in the district by July 1, 2014, and would require members of the board of trustees to be elected by trustee area, as specified. By increasing the responsibilities of the county and the community college district when they conduct elections, the bill would impose a state-mandated local program.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Community College District.
(4) 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: yes.
The people of the State of California do enact as follows:
Section 5019.5 of the Education Code is amended
2to read:
(a) Following each decennial federal census, and using
4population figures as validated by the Population Research Unit
5of the Department of Finance as a basis, the governing board of
6each school district or community college district in which trustee
7areas have been established, and in which each trustee is elected
8by the residents of the area he or she represents, shall adjust the
9boundaries of any or all of the trustee areas of the district so that
10one or both of the following conditions is satisfied:
11(1) The population of each area is, as nearly as may be, the same
12proportion of the total population of the district as the ratio that
13the number of governing board members elected from the area
14bears to the total number of
members of the governing board.
15(2) The population of each area is, as nearly as may be, the same
16proportion of the total population of the district as each of the other
17areas.
18(b) The governing board of each community college district
19shall make a proposal for boundary adjustment available to the
20public prior to adjusting the boundaries of trustee areas. Public
21comment regarding the proposal shall be elicited and considered
22by each governing board.
23(b)
end delete
P3 1begin insert(c)end insertbegin insert end insertbegin insert(1)end insert The boundaries of the trustee areas shall be adjusted by
2the governing board of each school district or community college
3district, in accordance with subdivision (a), before the first day of
4March of the year following the year in which the results of each
5decennial census are released. If the governing board fails to adjust
6the boundaries before the first day of March of the year following
7the year in which the results of each decennial census are released,
8the county committee on school district organization shall do so
9beforebegin delete the 30th day of Aprilend deletebegin insert April 30end insert of the same year.
10The
end delete
11begin insert(2)end insertbegin insert end insertbegin insertTheend insertbegin insert end insertgoverning board of the school district or community
12college district shall reimburse all reasonable costs incurred by a
13county committee in adjusting the boundaries pursuant to this
14subdivision.
15(c)
end delete
16begin insert(d)end insert Except to the extent that the adjustment of trustee area
17boundaries is necessary for the purposes set forth in this section,
18the authority to establish or abolish trustee areas, rearrange the
19
boundaries of trustee areas, increase or decrease the number of
20members of the governing board, or adopt any method of electing
21governing board members may be exercised only as otherwise
22provided under this article.
Section 72031 of the Education Code is amended to
24read:
The provisions of this section shall apply only to the
26Los Angeles Community College District.
27(a)
Whenever in this code a section refers to a district, or
29to two or more districts, governed by a single governing board, or
30by governing boards of identical personnel, or to a district or
31districts in which the average daily attendancebegin insert, or the number of
32full-time equivalent students,end insert is in excess of 400,000, or makes a
33similar reference, all provisions of the section shall apply with
34equal force to both the city school district and community college
35district.
36(b) Members of the governing board of the Los Angeles
37Community College District shall be elected at large in the manner
38established by Chapter 62 of the Statutes of 1968.
39(c) Commencing with the 2013 election for the governing board
40of the Los Angeles Community College District, and each election
P4 1thereafter, the governing board may adopt a resolution by majority
2vote to enact an alternative method by which members of the
3governing board of the Los Angeles Community College District
4may be elected at large and by individual seat number wherein,
5upon certification of the election, the candidate with the highest
6number of votes for an individual seat number shall be deemed
7the candidate elected for that individual seat number.
Article 4 (commencing with Section 72040) is added
9to Chapter 1 of Part 45 of Division 7 of Title 3 of the Education
10Code, to read:
11
This article shall apply only to the Los Angeles
15Community College District.
This article shall supersede any conflicting provisions
17of Sections 5019 and 5020, Chapter 1 (commencing with Section
185000) of Part 4 of Division 1 of Title 1, Article 3 (commencing
19with Section 72022), or Sections 1302 and 10405.7 of the Elections
20Code.
The Board of Trustees of the Los Angeles Community
22College District shall, by July 1, 2014, provide for the
23establishment of seven trustee areas.
(a) The Board of Trustees of the Los Angeles
25Community College District shall hold a public hearing prior to
26its adoption of the boundaries of the trustee areas and shall have
27sole authority to establish those boundaries.
28(b) The Board of Trustees of the Los Angeles Community
29College District shall number the trustee areas established pursuant
30to Section 72042. The trustee area with the northernmost boundary
31shall be area 1. The trustee area with the boundary that, except for
32the boundary of area 1, is northernmost, shall be area 2. Each of
33the remaining districts shall be numbered accordingly 3 to 7,
34inclusive. Each trustee area shall be balanced in resident
35population.
36(c) Any person who seeks
election to represent a trustee area in
37the Los Angeles Community College District shall reside in and
38be registered to vote in that trustee area.
P5 1(d) (1) The four trustee positions that will expire on June 30,
22015, shall be filled by election at large. The trustees elected at
3that election shall serve four-year terms.
4(2) The three trustee positions that will expire on June 30, 2017,
5shall be filled by three trustees elected by trustee area.
6(3) The trustee areas in which elections will be held in 2017
7shall be determined by lot.
8(4) The remaining trustee positions shall be elected by trustee
9area in 2019.
10(5) Trustees elected by trustee area shall serve four-year terms.
The Legislature finds and declares that a special law
12is necessary and that a general law cannot be made applicable
13within the meaning of Section 16 of Article IV of the California
14Constitution because of the unique circumstances applicable to
15the Los Angeles Community College District relating to its size.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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