Agenda Report
Fullerton City Council
MEETING DATE: MAY 3, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: REDISTRICTING ADVISORY COMMISSION RESTRICTIONS
SUMMARY
Options for in-service and post-commission restrictions on redistricting advisory commission membership.
RECOMMENDATION
Provide direction for future commission member restrictions.
BUDGET POLICY PRIORITY STATEMENT
This item matches the following Budget Policy Priority Statement:
Fiscal and Organizational Stability.
FISCAL IMPACT
No fiscal impact.
DISCUSSION
City Council formed a Redistricting Advisory Commission in September 2021 to assist with the mandatory 2021 post-census redistricting (“Redistrict Fullerton”) process.
Election laws allow a legislative body to delegate some or all of its redistricting process to a redistricting commission. The legislative body may create a redistricting commission in one of the following three formats:
Advisory Commission
Independent Commission
Hybrid Commission
Conducts meetings / workshops to take input and then provides the input to the legislative body.
Legislative body holds public hearings and makes final decision on the map.
Conducts all public hearings and makes final decision on the map.
Legislative body has no approval authority.
Conducts some public hearings and makes recommendations on one to two maps.
Legislative body can only adopt one of the recommended maps.
State law also imposes varying levels of restrictions on a commission, depending on the commission structure. The following table outlines the restrictions for each commission type:
Advisory Commission
Independent Commission
Hybrid Commission
In-Service Restrictions
Elections Code does not impose in-service restrictions on advisory commissions; however, City Council may impose its own in-service restrictions.
May not endorse, work for, volunteer for or make a campaign contribution to a candidate for city council while serving on the commission.
May not endorse, work for, volunteer for or make a campaign contribution to a candidate for city council while serving on the commission.
Post-Commission Restrictions
Elections Code does not impose post-commission restrictions on advisory commissions; however, City Council may impose its own post-commission restrictions.
Commission members may not run for elective office for positions using district boundaries adopted by the commission or city council for five years following appointment to the commission.
Commission members may not accept employment as a staff member or consultant for an elected official or candidate for elective office of the city, receive a noncompetitively bid contract with the city nor register as a lobbyist for the city for four years following appointment to the commission.
Commission members may not accept an appointment to an office of the City for two years following appointment to the commission.
Commission members may not run for elective office for positions using district boundaries adopted by the commission or city council for five years following appointment to the commission.
Commission members may not accept employment as a staff member or consultant for an elected official or candidate for elective office of the city, receive a noncompetitively bid contract with the city nor register as a lobbyist for the city for four years following appointment to the commission.
Commission members may not accept an appointment to an office of the City for two years following appointment to the commission.
In September 2021, City Council voted to require Redistricting Advisory Commission members be 18 years or older and did not impose any additional requirements on commission members.
The City Attorney has advised that City Council cannot impose restrictions on the Commission retroactively, however, City Council may add restrictions for future redistricting advisory commissions.
Staff requests City Council consider imposing additional restrictions for future redistricting advisory commissions.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – September 21, 2021 City Council Meeting Minutes Redistricting Advisory Commission Restrictions
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