BILL ANALYSIS �
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
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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.
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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
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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
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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.
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