BILL NUMBER: AB 684 AMENDED
BILL TEXT
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 to the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 684, as amended, Block. Community college districts: trustee
elections.
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, upon the board of trustees adopting a resolution
in support of electing the trustees pursuant to ths act, establish a
procedure for the election of members, and the reapportionment of
trustee areas of the governing board.
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.
This bill would authorize the governing board of a community
college to change election systems, as specified, in accordance with
the provisions of this section and the California Voting Rights Act.
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 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.
The
This bill would provide that the
authorize a governing board to determine the number of
trustees, and that the governing board may be composed of 5 to
9 members , as determined by the board . The board
would be required authorized to
establish, abolish, or adjust trustee areas and terms of office, as
specified.
This bill would require the board to set the boundaries of each
trustee area before March 1, 2012, to reflect the 2010 decennial
census. If the board fails to so set the boundaries, the county
committee on school district organization would be required to set
them before April 30, 2012. The boundaries would be set so that the
population of each area is in proportion to the other districts.
Thereafter the boundaries may be adjusted, abolished, or rearranged
as specified.
The bill would specify that the act would not apply to any
community college district that enacts a specific statutory framework
for its own trustee elections.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 number of
members, the election of members, and the reapportionment of trustee
areas of the governing board of a community college district shall,
upon the board of trustees adopting a resolution in support of
electing the trustees pursuant to the act that enacted this section
at the 2011-12 Regular Session of the Legislature, be provided for
pursuant to this section.
(a) (1) 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.
(2) Candidates for election as members of a governing board shall
file a declaration of candidacy as provided in this code. Each member
of a governing board elected at a district general election shall
hold office for a term of four years commencing on the first Friday
in December next succeeding his or her election.
(3) The members of the governing board 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 terms of office
would otherwise have terminated, or until a successor qualifies
therefor.
(b) 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.
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 change election systems, in accordance with the
provisions of this section and the California Voting Rights Act, 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 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) The governing board shall set the boundaries of each trustee
area before March 1, 2012, to reflect the population enumerated in
the 2010 decennial federal census. If the governing board fails to
set the boundaries before March 1, 2012, the county committee on
school district organization shall do so before April 30, 2012. 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.
(d) This section shall not apply to any community college district
that has been authorized by statute to provide for its own trustee
elections.