BACKGROUND
Assembly Bill 849 (AB 849 or Act), approved by Governor Newsome on October 8, 2019, specifies redistricting criteria and deadlines for the adoption of new boundaries by the governing body. This bill standardizes redistricting procedures and requirements for counties and cities, including imposing new public hearing, outreach, notice, and transparency requirements. The act requires the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process.
Requirements to redistrict under AB 849 stipulate that following each federal decennial census, and using that census as a basis, the City Council must adopt boundaries for all Council districts so that the districts shall be substantially equal in population as required by the U.S. Constitution. The Council shall adopt boundaries that comply with the U.S. Constitution, the California Constitution, and the Federal Voting Rights Act of 1965.
Using census data as a basis, the Council shall, by ordinance or resolution, adopt boundaries for any or all of the Council districts of the city so that the Council districts shall be substantially equal in population.
Boundaries shall be adopted no earlier than August 1 in each year ending in the number one, (e.g., August 1, 2021), but not later than 151 days before the city's next regular election occurring after March 1 in each year ending in the number two. For the November 2022 election, the latest date the map can be adopted is June 10, 2022.
The previous law the Council followed during the conversion to district-based elections, used to provide that the City Council “may” give consideration to the following factors when drafting a map: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interest of the districts. These factors were not in any particular order. The previous law gave Council flexibility in the criteria used in drafting the initial district map.
Under AB 849, the City Council “shall” adopt district boundaries following each decennial census using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
In addition, the City Council is prohibited from adopting council district boundaries for the purpose of favoring or discriminating against a political party or a current seated councilmember.
Public outreach is also specified in AB 849, as the Act contains timing as to when redistricting must occur by. Under this bill, cities are required to hold at least four hearings, including at least one hearing or workshop on a weekend or after 6:00 p.m. on a weekday. Cities are additionally required to provide live translations of hearings – if requested 72 hours in advance – into languages other than English. In addition, the City Council must engage in other specified outreach requirements. In lieu of holding the public hearings itself, Council is authorized to establish a redistricting commission to hold the required public hearings.
Until recently, many cities who formed redistricting commissions appointed advisory bodies that could offer only map recommendations to the governing body. The main exception was with charter cities, whose "home rule" autonomy under the state constitution empowers them to create fully independent commissions.
California Elections Code Section 23001 to 23003 states a jurisdiction may establish by resolution, ordinance, or charter amendment an independent, hybrid or an advisory redistricting commission composed of residents of the local jurisdiction.
An Independent Redistricting Commission means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. Council may not select the members of an Independent Commission and the law sets forth strict standards on who can serve. The Independent Redistricting Commission has the authority to adopt the map and the City Council cannot amend the map or recommend adoption of another map.
A Hybrid Redistricting Commission means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification. Council may not select the members of a Hybrid Commission and the law sets forth strict standards on who can serve. Many of the same provisions regarding appointment to an Independent Restricting Commission apply to appointment to a Hybrid Commission.
An Advisory Redistricting Commission means a body that recommends to a legislative body placement of the district boundaries for that legislative body. Under this scenario, the Council may make changes to recommendations made by the Advisory Commission as it is ultimately responsible for selecting the district boundaries. Council may select the members of an Advisory Commission.
Alternatively, a city may contract with a county in which the city is located that has established an Independent Redistricting Commission to have that commission adopt the city’s election district boundaries. As of the date of this report, Placer County does not have an Independent Redistricting Commission. Senate Bill 139 introduced in 2019, would have required each county with a population over 400,000 residents to establish an Independent Redistricting Commission to re-draw the boundaries of each supervisorial district. The bill was vetoed by Governor Gavin Newsom on October 13, 2019.
After studying the specific models on redistricting commissions, the Charter Review Commission recommends the City Council establish an independent redistricting commission. Council may not select the members of an independent commission and the law sets forth strict standards on who can serve on independent commissions established by general law cities. Charter cities are free to establish their own criteria for selection in their charters or by ordinance.
In reviewing samples of independent redistricting commissions established by other cities, it became clear that such commissions are usually established by December 31 of the year of the federal decennial census. Since this is the year of the census, an independent redistricting commission should be established by December 31, 2020 as there are deadlines which must be adhered to in redrawing the maps. Given the time constraint, and not wanting to wait to see if the voters approve a Charter measure establishing an independent redistricting commission in November, an ordinance has been prepared for adoption. Regardless of whether the City Council adopts the ordinance or not, the Charter Review Commission is also recommending that a Charter measure be placed on the ballot establishing an independent redistricting commission. If Council adopts the ordinance and the voters thereafter approve the Charter measure, the ordinance will be repealed.
The proposed ordinance contains the following provisions:
Establishment
The ordinance establishes the Roseville Independent Redistricting Commission. The Commission is tasked with adopting a redistricting report and final map establishing new council district boundaries within prescribed timeframes. The City Council shall have no role in developing or adopting a redistricting report or a final map.
Composition
The Commission shall consist of eleven (11) commissioners and five (5) alternates. Alternates may fully participate in Commission deliberations but may not vote and may not be counted towards the establishment of a quorum.
Qualifications and Restrictions
California Elections Code Section 23003 sets forth the qualifications and restrictions for independent redistricting commissioners serving on such independent commissions for general law cities. The Charter Review Commission proposes to largely follow these same qualifications and restrictions, with a few modifications noted below.
First, the Charter Review Commission proposes that each commissioner be at least eighteen (18) years of age and been a resident of the City for at least three (3) years immediately preceding the date of application. These are not qualifications outlined in State law, but are the types of qualifications commonly found in other cities' ordinances and charters.
Second, the ordinance provides that a person shall not be appointed to serve on the Commission if any of the following applies:
1. If the person or any family member of the person has been elected or appointed to, or been a candidate for, City Council in the eight (8) years preceding the person's application.
2. If the person or the person’s family member has done any of the following in the four (4) years (the Charter Review Commission reduced from 8 years for general law cities) preceding the person's application:
a. Served as an officer of, employee of, or paid political consultant to, a campaign committee or a candidate for City Council.
b. Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee.
c. Served as a staff member or a political consultant to, or who has contracted with, a currently serving City councilmember.
d. Contributed five hundred dollars ($500) or more in a year to any seated councilmember or current candidate for City Council, as adjusted pursuant to Section 2.60.065 of the Roseville Municipal Code. The Charter Review Commission clarified that this restriction applies both to contributions to any seated councilmember and current candidate as State law only applies to "candidates for an elective office of the local jurisdiction."
3. If the person currently serves as a staff member or a political consultant to an elected official holding a partisan office.
4. If the person is a paid employee of the City.
5. If the person is a paid employee of any redistricting contractor or consultant.
Third, the ordinance prohibits commissioners from doing any of the following:
1. While serving on the Commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for City Council.
2. Be a candidate for City Council if less than five (5) years has elapsed since the date of the member's appointment to the Commission.
3. For four (4) years commencing with the date of his or her appointment to the Commission:
a. Accept employment as a staff member of, or political consultant to, a City councilmember or candidate for City Council.
b. Receive a noncompetitively bid contract with the City.
4. For two (2) years commencing with the date of his or her appointment to the Commission, accept an appointment to the City Council.
Finally, the ordinance provides that the Commission shall not be comprised entirely of members who are registered to vote with the same political party preference, which is consistent with State law for general law cities.
Selection
The ordinance provides that the City Clerk shall publicly select the initial eight (8) members of the Commission. For purposes of selection to the Commission, the City shall be generally divided into four (4) geographical quadrants: a northwest quadrant, a northeast quadrant, a southeast quadrant, and a southwest quadrant. The City Clerk shall randomly select two (2) persons from each of the four (4) quadrants. Thereafter, the commissioners selected pursuant to this random method shall select three (3) at-large commissioners and five (5) at-large alternates from the remaining applicants.
Redistricting Criteria
State law, Section 21621 of the California Elections Code, sets forth the redistricting criteria that cities, including charter cities, must follow. Therefore, the Charter Review Commission can recommend adding to this criteria but cannot reduce it. The Charter Review Commission is recommending a few additions to the redistricting criteria.
The ordinance provides that the Commission shall draw its final map so that:
1. Council districts are substantially equal in population as required by the United States Constitution.
2. Council district boundaries comply with the United States Constitution, the California Constitution, the federal Voting Rights Act of 1965, and any other requirement of state or federal law applicable to charter cities.
Furthermore, the Commission shall adopt district boundaries using the following criteria as set forth in the following order of priority:
1. Council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. In addition, the Charter Review Commission added that areas that are separated by a railyard or a highway are not contiguous.
2. The geographic integrity of any local neighborhood, local neighborhood association boundaries, or local community of interest shall be respected in a manner that minimizes its division. The Charter Review Commission added "local neighborhood association boundaries." A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
3. Council district boundaries should be easily identifiable and understandable by residents.
4. Council districts shall be drawn to encourage geographical compactness.
5. Other redistricting commission-adopted criteria that do not conflict with the other requirements and criteria listed in this section or with state or federal law. This was added by the Charter Review Commission.
The Commission shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party and the Charter Review Commission added that the Commission shall not consider place of residence of any individual, including any incumbent or political candidate, in the creation of a map.
Public Hearings and Incumbents
Although State law requires a minimum of four (4) public hearings, the ordinance requires five (5) public hearings, one to be held in each council district. In addition, the ordinance requires the draft map to be published at least thirty (30) days prior to final adoption, an increase from the seven (7) days required by State law.
Although the City Council may not rescind, supersede, or revise the district boundaries adopted by the Commission, seated councilmembers whose term of office has not expired shall not be impacted by any change in the boundaries.
Research Conducted
Cities and counties that have established redistricting commissions include Berkeley, Chula Vista, Escondido, Modesto, Oakland, Sacramento, San Diego, San Jose, San Francisco, Los Angeles County and San Diego County. The composition of their commissions range from independent, hybrid and advisory.
Administration
The Commission will be subject to both the Brown Act and the California Public Records Act.