Report to Mayor and City Council
Friday, July 03, 2015
Discussion
SUBJECT:
Title
DISCUSSION OF THE CALIFORNIA VOTING RIGHTS ACT AND CONSIDERATION OF POSSIBLY CHANGING FROM AT-LARGE TO BY-DISTRICT SYSTEM FOR COUNCILMEMBER ELECTIONS IN THE CITY (CITY COUNCIL)
Body
I. SUMMARY
On May 22, 2018 the City of Carson received a letter demanding a conversion from the current at-large Councilmember election system to a district-based electoral system pursuant to the California Voting Rights Act ("CVRA"). The letter threatens if the City does not "voluntarily change its at-large system of electing City Council members [then] on behalf of the residents... we will be forced to seek judicial relief."
The burden for establishing a CVRA violation can be met by showing that racially polarized voting ("RPV") occurs in elections for the City Council. RPV may be shown if a protected class regularly votes as a group for candidates that do not win their elections. A successful CVRA claim does not require proof of discriminatory intent.
If there is a lawsuit and if City loses, the City could be exposed to significant attorneys' fees. State law however provides a "safe harbor" to cap potential attorney's fees which the City may otherwise be subject. Upon receipt of a CVRA demand letter, if the City within 45 days adopts a resolution outlining its intent to switch to districts, and then switches to districts within 90 days of the resolution, a potential plaintiff's attorney's fees are capped at $30,000. Staff is asking if Council is interested in invoking the "safe harbor" option.
II. RECOMMENDATION
Recommendation
CONSIDER TAKING ONE of the following actions:
1. AFFIRM City will not presently switch to districts for Councilmember elections; or
2. CONTINUE TO REVIEW ISSUE and bring back to another Council meeting; or
3. ADOPT Resolution No. 18-092 outlining the City Council's intention to change from at-large elections for members of the City Council, to district-base...
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