February 8, 2022
Re: City Council Agenda Item 13C
Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and City Councilmembers, The League of Women Voters of Santa Monica has not yet taken a position on the subject of districts for the Santa Monica-Malibu USD Board of Education. We anticipate doing so within the next month.
As we have previously stated, we strongly believe in the purpose and intent of the California Voting Rights Act. However, as you will see below, there is a need to clarify a key provision of the Act and that question is currently before the California Supreme Court. A review of SB 442 shows that the Court’s decision will potentially impact the implementation of the new law, including as it relates to SMMUSD.
We believe that one size does not necessarily fit all. Quoting from the July 12, 2021 Amicus Curiae Brief of California Attorney General Rob Bonta in support of neither party as filed in the CVRA case against the City of Santa Monica and currently before the California Supreme Court: “The Court should specify a standard for vote dilution that requires a plaintiff show an at-large voting system has removed the protected class’s ability to exercise meaningful electoral influence and that looks to a variety of factors in making this determination.”
The demographic distribution of the Santa Monica-Malibu USD is not the same as other school districts, nor are voting patterns of our electorate. To illustrate, I have attached a listing of the composition of our school boards, beginning in 1990, a decade before the Governor signed the CVRA into law.
The following are some comments, observations, and questions for you to consider in your discussions on Agenda Item 13C tonight:
1. A petition from the City of Malibu to the County Committee on School District Organization calls for separating Malibu from the current SMMUSD and forming an MUSD, with its own governing body. This question is currently before the County Committee and has yet to be resolved.
2. SB 442 states that a resolution adopting district-based elections shall (is required to) include a declaration that the change in the method of electing members of the governing body “is being made in furtherance of the purposes of the California Voting Rights Act”. In fact, there has been no finding that the district is in violation of the CVRA. Furthermore, election outcomes since the adoption of the CVRA in 2001 show the opposite. Every school board between 2001-2020 has included at least 2, 3 or 4 members of protected classes out of 7. Going back 10 more years to 1990 shows the same (see attachment). Interestingly, the petition that was submitted to the county by attorney Kevin Shenkman on behalf of three proponents (Oscar De la Torre, Jennifer DeNicola and Tricia Crane) does not claim a CVRA violation in
OFFICERS
President
Natalya Zernitskaya
Vice President, Program
Barbara Inatsugu
Secretary
Sharon Hart
Treasurer
Karen Carrey
DIRECTORS
Cathie Gentile
Jason Islas
Angela D. Scott
Ann Williams
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 346 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections)
THE LEAGUE OF WOMEN VOTERS OF SANTA MONICA
P.O. Box 1265 Santa Monica, CA 90406-1265
Phone: 310.564.6946 www.lwvsantamonica.org
#MakingDemocracyWork
District elections.
Question: Given voting patterns and demographic distribution in SMMUSD since the signing of the CVRA into Law (and for the decade before), would breaking the district into seven parts result in more or less representation on the Board of Education by protected classes (Latinos and African Americans)? In other words, would dividing the school district into seven districts, each represented by one person elected every four years (voters, therefore, having one vote rather than 7) have the opposite effect in overall numbers?
3. As you all know, Mr. Shenkman is currently counsel for the plaintiffs in the CVRA lawsuit that is currently before the California Supreme Court. The single question before that Court is: “What must a Plaintiff prove in order to establish vote dilution under the California Voting Rights Act?”
As noted by Attorney General Rob Bonta in his Amicus Brief in support of neither party, “Since its passage, the statute (CVRA) has played a key role in helping to diversify local governing boards and councils. Yet courts have had few occasions to interpret the CVRA’s language. This case presents the first opportunity for the Court to interpret this important statute and its “vote dilution” standard.”
Question: Given voting patterns within the SMMUSD electorate and the requirement of SB 442 regarding a “declaration that the change in the method of electing members of the governing body is being made in furtherance of the purposes of the California Voting Rights Act”, would it make more sense for the County Committee to be asked to wait for the ruling of the California Supreme Court as it applies to the issue of vote dilution? Observation: Depending on the Supreme Court ruling on the question of dilution, we could expect relevant legislation to be amended to clarify/define dilution-related provisions.
Question: If the County Committee accepts the petitioners’ rationale and votes to impose districts, how would the lines be drawn? By whom? Would there be community input on the lines? The district map included with the initially submitted petition was drawn by one group within SMMUSD. More voices are needed to draw fair maps.
Question: This is a did you know question. Did you know that our current atlarge system and district-based voting are not the only two options? There is a third provided for in existing law. The three are as stated in the staff analysis of SB 442 for the Assembly Elections Committee hearing dated June 16, 2021:
a. Each member of the governing board is elected by the registered voters of the entire district.
OFFICERS
President
Natalya Zernitskaya
Vice President, Program
Barbara Inatsugu
Secretary
Sharon Hart
Treasurer
Karen Carrey
DIRECTORS
Cathie Gentile
Jason Islas
Angela D. Scott
Ann Williams
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 347 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections)
THE LEAGUE OF WOMEN VOTERS OF SANTA MONICA
P.O. Box 1265 Santa Monica, CA 90406-1265
Phone: 310.564.6946 www.lwvsantamonica.org
#MakingDemocracyWork
b. One or more members residing in each trustee area are elected by the registered voters of that particular trustee area.
c. Each member of the governing board is elected by the registered voters of the entire district, but resides in the trustee area which they represent.
We thank you for taking this issue under consideration.
Sincerely,
Natalya Zernitskaya
President
League of Women Voters of Santa Monica
Enclosure: SMMUSD BOARD ELECTIONS 1990 - 2020 LWVSM Public Comment 2.8.2022 13C Attachment
OFFICERS
President
Natalya Zernitskaya
Vice President, Program
Barbara Inatsugu
Secretary
Sharon Hart
Treasurer
Karen Carrey
DIRECTORS
Cathie Gentile
Jason Islas
Angela D. Scott
Ann Williams
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 348 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) SANTA MONICA-MALIBU USD BOARD OF EDUCATION – 1990 – 2020 ELECTIONS 1990 - 2020
1990
Michael Hill (LGBTQ)
Pam Brady
Patricia Hoffman
Brenda Gottfried
1992
Margaret R. Franco
Peggy Lyons
Mary Kay Kamath (Malibu)
1994
Pam Brady
Julia Brownley
Brenda Gottfried
Terri L. Cohen
1996
Margaret R. Franco
Dorothy Chapman
Todd Hess (Malibu)
1998
Julia Brownley
Brenda Gottfried
Pam Brady
Tom Pratt
2000
Mike Jordan (Malibu)
Jose Escarce
Maria Leon-Vazquez
2002
Shane McLoud
Julia Brownley
Emily Bloomfield
Oscar de la Torre
2004
Jose Escarce
Maria Leon-Vazquez
Kathy Wisnicki (Malibu)
2006
Emily Bloomfield
Oscar de la Torre
Kelly McMahon Pye
Barry A. Snell
2007
Ralph Mechur (appt)
2008
Ben Allen
Maria Leon-Vazquez
Jose Escarce
2010
Laurie Lieberman
Oscar de la Torre
Ralph Mechur
Nimish Patel
2012
Ben Allen
Maria Leon-Vazquez
Jose Escarce
2014
Laurie Lieberman
Richard Tahvildaran-Jesswein
Craig Foster (Malibu)
Oscar de la Torre
2016 (uncontested)
Jon Kean
Ralph Mechur
Maria Leon-Vazquez
2018
Laurie Lieberman
Richard Tahvildaran-Jesswein
Oscar de la Torre
Craig Foster (Malibu)
2020
Jon Kean
Maria Leon-Vazquez
Jennifer Smith
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 349 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) SANTA MONICA-MALIBU USD BOARD OF EDUCATION – 1990 – 2020 OFFICERS OF THE BOE 1990 – 2000
Peggy Lyons (Pico Neighborhood)
• VP 1986 - 1987
• Pres 1987 - 1988
Brenda Gottfried (Sunset Park)
• Pres 1996 - 1997
Margaret Franco (now Margaret QuinonesPerez) (Sunset Park) • VP 1996 – 1997
• Pres 1998 - 1999
Maria Leon-Vazquez (Sunset Park)
• VP 2001 – 2002
• Pres 2002 – 2003
• VP 2012 – 2013
• Pres 2013 – 2014
Jose Escarce (North of Montana)
• VP 2001 – 2002 / 2002 – 2003
• Pres 2003 – 2004
• VP 2007 - 2008
• Pres 2010 - 2011
• VP 2011 – 2012
• VP 2014 – 2015
Oscar de la Torre (Pico Neighborhood)
• VP 2006 – 2007
• Pres 2007 – 2008
Barry Snell (Pico Neighborhood or Sunset
Park?)
• VP 2008 – 2009
• Pres 2009 - 2010
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 350 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) SANTA MONICA-MALIBU USD BOARD OF EDUCATION – 1990 – 2020 1990 – 1992
Patricia Hoffman
Connie Jenkins - Malibu
Pamela Brady
Brenda Gottfried
Michael Hill - LGBT
Mary Kay Kamath - Malibu
Peggy Lyons
1992 – 1994
Pam Brady
Michael Hill
Margaret Franco
Brenda Gottfried
Patricia Hoffman
Mary Kay Kamath. - Malibu
Peggy Lyons
1994 – 1996 (e-minutes missing)
Pam Brady
Julia Brownley
Brenda Gottfried
Terri L. Cohen
Mary Kay Kamath - Malibu
Peggy Lyons
Margaret Franco
1996 – 1998
Brenda Gottfried
Margaret R. Franco
Pamela. Brady
Julia Brownley
Terri L. Cohen
Mary Kay Kamath - Malibu
Todd Hess - Malibu
1998 – 2000
Margaret R. Quinones (Franco)
Julia Brownley
Pam Brady
Dorothy Chapman
Brenda Gottfried
Todd Hess - Malibu
Thomas Pratt
2000 -2002
Tom Pratt
Pam Brady
Julia Brownley
Jose Escarce
Maria Leon-Vazquez
Mike Jordan - Malibu
Brenda Gottfried
2002 – 2004
Maria Leon-Vazquez
Jose Escarce
Emily Bloomfield
Julia Brownley
Oscar de la Torre
Mike Jordan - Malibu
Shane McLoud
2004-2006
Jose Escarce
Emily Bloomfield
Julia Brownley
Oscar de la Torre
Maria Leon-Vazquez
Shane McLoud
Kathy Wisnicki - Malibu
2006 - 2008
Kathy Wisnicki - Malibu
Emily Bloomfield
Oscar de la Torre
Jose Escarce
Maria Leon-Vazquez
Kelly Pye
Barry Snell
2008 – 2010
Oscar de la Torre
Jose Escarce
Maria Leon-Vazquez
Ralph Mechur
Kelly Pye
Barry Snell
Kathy Wisnicki - Malibu
2010 – 2012
Ben Allen
Oscar de la Torre
Jose Escarce
Maria Leon-Vazquez
Laurie Lieberman
Ralph Mechur
Nimish Patel
2012 – 2014
Ben Allen
Laurie Lieberman
Oscar de la Torre
Maria Leon-Vazquez
Jose Escarce
Ralph Mechur
Nimish Patel
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 351 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) SANTA MONICA-MALIBU USD BOARD OF EDUCATION – 1990 – 2020 2014 – 2016
Maria Leon-Vazquez
Oscar de la Torre
Jose Escarce
Craig Foster - Malibu
Laurie Lieberman
Richard Tahvildaran-Jesswein
Ralph Mechur (appointed)
2016 – 2018
Laurie Lieberman
Ralph Mechur
Maria Leon-Vazquez
Richard Tahvildaran-Jesswein
Oscar de la Torre
Craig Foster - Malibu
Jon Kean
2018 – 2020
Oscar de la Torre
Craig Foster - Malibu
Jon Kean
Maria Leon-Vazquez
Laurie Lieberman
Ralph Mechur
Richard Tahvildaran-Jesswein
2020 -2022
Keith Coleman
Craig Foster - Malibu
Jon Kean
Maria Leon-Vazquez
Laurie Lieberman
Jennifer Smith
Richard Tahvildaran-Jessein
Item 13.C
02/08/22
Item 13.C
02/08/22
13.C.a
Packet Pg. 352 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections)
13.D
February 8, 2022
Council Meeting: February 8, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: February 8, 2022
13.D Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation.
13.D
Packet Pg. 353