Request to Change Election System without an Election Election Waiver Ed. Code, 72036

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1 STATE OF CALIFORNIA CALIFORNIA COMMUNITY COLLEGES CHANCELLOR S OFFICE 1102 Q STREET SACRAMENTO, CA (916) Request to Change Election System without an Election Election Waiver Ed. Code, Community College District: GLENDALE COMMUNITY COLLEGE DISTRICT Address: NIELSEN MERKSAMER, ET AL KERNER BLVD., SUITE 250 Date of request: JUNE 17, 2015 Contact s name and title: CHRISTOPHER SKINNELL, SPECIAL COUNSEL City: SAN RAFAEL State: CA CSKINNELL@NMGOVLAW.COM Zip: Phone: 415/ Local board approval date: (Required) JUNE 16, 2014 (SEE RESOLUTION , ATTACHMENT A) Legal criteria 1. Specify which change in election system the district is proposing (check one): to move from an at-large election system to a by trustee area election system to adopt a top-two primary system in conjunction with a change, or as an addition to a previous change, from an at-large election system to a by trustee area election system to increase the number of trustees and trustee areas to five or more or decrease them nine or fewer in conjunction with a change, or as an addition to a previous change, from an at-large election system to a by trustee area election system to both adopt a top-two primary system and to increase the number of trustees and trustee areas to five or more or decrease them to nine or fewer, and both in conjunction with a change, or as an addition to a prior change, from an at-large election system to a by trustee area election system 2. Reason for changing election systems: AVOID POSSIBLE LITIGATION UNDER THE CALIFORNIA VOTING RIGHTS ACT. SEE ATTACHMENT B 3. Number of trustees and trustee areas under the newly proposed election system: 5 TRUSTEES (NO CHANGE); 5 TRUSTEE AREAS 4. Explain how ALL of the Education Code section 72036(c) requirements have been met. N/A. THE GLENDALE COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES DOES NOT ANTICIPATE CHANGING THE NUMBER OF TRUSTEES AT THIS TIME. THE ONLY CHANGE FOR WHICH THE DISTRICT SEEKS APPROVAL FROM THE BOARD OF GOVERNORS IS A CHANGE FROM AT-LARGE ELECTIONS TO TRUSTEE AREA ELECTIONS PURSUANT TO EDUCATION CODE 72036(a). District or County Certification I hereby certify that the information provided on this application is accurate and complete. Authorized Signature: Name and Title: CHRISTOPHER SKINNELL, SPECIAL COUNSEL Date: JUNE 17, 2015 EW-1 (Rev )

2 Election Waiver Request Form Page 2 California Community Colleges Chancellor s Office Please note that additional pages can be attached, if needed. Send Original plus one copy to: California Community Colleges Chancellor s Office 1102 Q Street Sacramento, CA ATTN: Legal Affairs Election Waiver Request Or the completed form and back-up material to: legalaffairs@cccco.edu EW-1 (Rev )

3 Election Waiver Request Form California Community Colleges Chancellor s Office Attachment A ATTACHMENT A Resolution No of the Board of Trustees of the Glendale Community College District (June 16, 2015) EW-1 (Rev )

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10 NDC Draft 5-E North Glendale 1 La Crescenta 210 Montrose 2 Verdugo Woodlands Northwest 3 Chevy Chase Canyon Rossmoyne Mountain Grandview 5 Rancho 2 Pelanconi 134 Woodbury City Center Vineyard-Moorpark 5 Scholl Canyon Citrus Grove Mariposa Pacific-Edison Somerset 4 2 Tropico Adams Hill National Demographics Corporation, April 2,

11 District Total Total Pop 43,115 42,496 42,970 42,592 42, ,878 Deviation from ideal % Deviation 0.79% -0.65% 0.45% -0.43% -0.17% 1.45% % Hisp 11% 12% 14% 30% 17% 17% Total Pop Voting Age Pop Citizen Voting Age Pop (CVAP) Voter Registration (Nov 2012) Voter Turnout (Nov 2012) Voter Registration (current) Turnout (2011 election) Turnout (2013 election) Age Glendale GCCD - NDC Draft 5 - E % NH White 59% 66% 70% 51% 60% 61% % NH Black 1% 1% 1% 2% 2% 1% % Asian-American 20% 15% 12% 14% 16% 15% % Hisp 10% 11% 13% 27% 16% 15% % NH White 62% 68% 71% 53% 62% 63% % NH Black 1% 1% 1% 2% 2% 1% % Asian-American 26% 19% 14% 17% 19% 19% Total CVAP 28,823 29,855 27,749 21,835 24, ,254 % Hisp 10% 13% 11% 26% 14% 14% % NH White 66% 70% 74% 55% 65% 66% % NH Black 1% 1% 2% 3% 2% 2% % Asian-American 21% 14% 12% 16% 17% 16% Total Reg. 25,042 25,570 21,486 16,070 17, ,049 % Latino 10% 12% 14% 29% 19% 16% % Asian-Surnamed 11% 8% 5% 4% 5% 7% % Filipino-Surnamed 1% 2% 2% 4% 3% 2% Total Turnout 17,708 17,127 13,030 7,795 9,734 65,394 % Latino 9% 11% 15% 31% 23% 15% % Asian-Surnamed 7% 7% 5% 4% 5% 6% % Filipino-Surnamed 1% 2% 2% 5% 3% 2% Total Registration 25,939 26,303 22,659 17,524 19, ,728 Latino 9% 10% 12% 23% 16% 13% Armenian 13% 27% 39% 35% 42% 30% Total 2011 Turnout 4,778 6,344 4,927 2,870 3,431 22,350 Latino 6% 6% 7% 10% 8% 7% Armenian 14% 30% 48% 60% 66% 40% Total 2013 Turnout 3,878 6,461 5,247 3,274 3,753 22,613 Latino 6% 6% 6% 9% 6% 6% Armenian 17% 33% 47% 59% 67% 43% age % 22% 20% 22% 19% 22% age % 55% 58% 60% 59% 57% age60plus 17% 24% 22% 19% 22% 21% Immigration immigrants 36% 42% 58% 63% 66% 53% vacant 5% 6% 4% 4% 6% 5% occupied 95% 94% 96% 96% 94% 95% Housing Stats Language spoken at home rented 34% 41% 57% 82% 77% 58% owned 66% 59% 43% 18% 23% 42% singlefamily 74% 59% 49% 25% 17% 45% multifamily 26% 41% 51% 75% 83% 55% english 54% 43% 29% 18% 20% 33% spanish 7% 9% 11% 26% 14% 13% asian-lang 22% 12% 10% 12% 15% 14% other lang 17% 37% 50% 44% 52% 40% Total and Voting Age population data from the 2010 Decennial Census. Voter Registration and Turnout data from the California Statewide Database, Nov data. Citizen Voting Age Pop., Age, Immigration, and other demographics from the American Community Survey 5-year data. Total, Armenian and Latino voter registration and turnout numbers for 2013 and 2011 from Political Data Inc. 241

12 Election Waiver Request Form California Community Colleges Chancellor s Office Attachment B ATTACHMENT B Statement of Reasons for Change EW-1 (Rev )

13 Election Waiver Request Form California Community Colleges Chancellor s Office Attachment B Members of the Board of Trustees of the Glendale Community College District ( Glendale CCD or District ) are currently elected in at-large elections, i.e., elections in which each member of the governing board [is] elected by the registered voters of the entire district..., Cal. Educ. Code 5030(a). At-large electoral systems such as the District s are subject to challenge under the California Voting Rights Act of 2001, codified at sections of the California Elections Code ( CVRA ). In mid-2012, the District received a letter alleging that the District s at-large method of voting violated the CVRA, and demanding that it move to trustee area elections. The District promptly engaged experienced voting rights consultants and counsel and concluded that, in light of a history of successful minority candidacies and a lack of clear evidence of racially-polarized voting in District elections, the District was not violating the CVRA. On August 15, 2012, a suit was filed against the District alleging a violation of the CVRA. The District vigorously contested that suit, and it was ultimately dismissed. In 2014, the District received a new demand letter, from a different attorney representing different clients. Though understandably confident that its electoral system does not violate the law, the Glendale CCD Board of Trustees nevertheless determined that the high cost of repeated lawsuits even when successful was not the best use of District resources. 1 Therefore, on September 9, 2014, the Board voted to initiate the process of moving to trustee area elections. It adopted a series of traditional districting criteria and retained experienced consultants and counsel to guide it through the process. The District then engaged in a thorough public process, designed to solicit public input. The District initially published seven draft trustee area maps in December of 2014, which the demographic consultant then presented to the Board and the public at the Board of Trustees meeting in January Four of those maps included five trustee areas; and three maps incorporated seven trustee areas, so the Board could consider the option, available to it under Education Code 72036, of expanding the size of the Board. The Board then conducted three duly-noticed public hearings (in February, March and April of 2014), as required by law. (Elec. Code ) As part of the process, and in response to public questions and comments, the demographic consultant prepared an additional five-member trustee area map that was a variation of existing maps, bringing the total to eight. Throughout the process, the District displayed on its website: each of the maps with accompanying demographic data; a tentatively-adopted timeline; a description of the districting process; public notices of the various hearings; copies of the presentations given by the consultant and counsel; and other pertinent information. (See A link to that page was prominently displayed on the District s homepage as well. Public notices were translated into Spanish and posted in several local newspapers in advance of each public hearing. On June 16, 2015, after thorough consideration of the merits of each plan, the Board unanimously voted to adopt Plan 5E. There was no opposition from the public. If the Board of Governors approves the District s proposal to change its electoral system, the new trustee areas would be implemented for the first time in April The Glendale Unified School District, which is nearly coterminous with the Glendale CCD, was recently sued under the CVRA by the same attorney that sent the demand letter to the Glendale CCD. EW-1 (Rev )