AB 450, as amended, 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,begin insert as prescribed,end insert 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.
P3 1(c) (1) 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 Aprilend deletebegin insert Juneend insert 30 of the same year.
10(2) The governing board of the school district or community
11college district shall reimburse all reasonable costs incurred by a
12county committee in adjusting the boundaries pursuant to this
13subdivision.
14(d) Except to the extent that the adjustment of trustee area
15boundaries is necessary for the purposes set forth in this section,
16the authority to establish or abolish trustee areas, rearrange the
17
boundaries of trustee areas, increase or decrease the number of
18members of the governing board, or adopt any method of electing
19governing board members may be exercised only as otherwise
20provided under this article.
Section 72031 of the Education Code is amended to
22read:
begin insert(a)end insertbegin insert end insertWhenever in this code a section refers to a district,
24or to two or more districts, governed by a single governing board,
25or by governing boards of identical personnel, or to a district or
26districts in which the average daily attendance, or the number of
27full-time equivalent students, is in excess of 400,000, or makes a
28similar reference, all provisions of the section shall apply with
29equal force to both the city school district and community college
30district.
31(b) Members of the governing board of the Los Angeles
32Community College District shall be elected at large in the manner
33established
by Chapter 62 of the Statutes of 1968.
34(c) Commencing with the 2013 election for the governing board
35of the Los Angeles Community College District, and each election
36thereafter, the governing board may adopt a resolution by majority
37vote to enact an alternative method by which members of the
38governing board of the Los Angeles Community College District
39may be elected at large and by individual seat number wherein,
40upon certification of the election, the candidate with the highest
P4 1number of votes for an individual seat number shall be deemed
2the candidate elected for that individual seat number.
Article 4 (commencing with Section 72040) is added
4to Chapter 1 of Part 45 of Division 7 of Title 3 of the Education
5Code, to read:
6
This article shall apply only to the Los Angeles
10Community College District.
This article shall supersede any conflicting provisions
12of Sections 5019 and 5020, Chapter 1 (commencing with Section
135000) of Part 4 of Division 1 of Title 1, Article 3 (commencing
14with Section 72022), or Sections 1302 and 10405.7 of the Elections
15Code.
The Board of Trustees of the Los Angeles Community
17College District shall, by July 1, 2014, provide for the
18establishment of seven trustee areas.
(a) The Board of Trustees of the Los Angeles
20Community College District shall hold a public hearing prior to
21its adoption of the boundaries of the trustee areas and shall have
22sole authority to establish those boundaries.
23(b) The Board of Trustees of the Los Angeles Community
24College District shall number the trustee areas established pursuant
25to Section 72042. The trustee area with the northernmost boundary
26shall be area 1. The trustee area with the boundary that, except for
27the boundary of area 1, is northernmost, shall be area 2. Each of
28the remaining districts shall be numbered accordingly 3 to 7,
29inclusive. Each trustee area shall be balanced in resident
30population.
31(c) Any person who seeks election to represent a trustee area in
32the Los Angeles Community College District shall reside in and
33be registered to vote in that trustee area.
34(d) (1) The four trustee positions that will expire on June 30,
352015, shall be filledbegin insert, in odd-numbered trustee districts,end insert bybegin delete election begin insert trustees elected by trustee areaend insert. The trustees elected at
36at largeend delete
37that electionbegin insert, and their successors,end insert
shall serve four-year terms.
38(2) The three trustee positions that will expire on June 30, 2017,
39shall be filledbegin insert, in even-numbered trustee districts,end insert bybegin delete threeend delete trustees
P5 1elected by trustee area.begin insert The trustees elected at that election, and
2their successors, shall serve four-year terms.end insert
3(3) The trustee areas in which elections will be held in 2017
4shall be determined by lot.
5(4) The remaining trustee positions shall be elected by trustee
6area in 2019.
7(5) Trustees elected by trustee area shall serve four-year terms.
end deleteThe Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the unique circumstances applicable to
12the Los Angeles Community College District relating to its size.
If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.
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