HomeMy WebLinkAbout05-07-2008 SUPPLEMENTAL COUNCIL AGENDA (2)Page 1 of 1
City Clerk
From: Denise Goldberg [ojibway @comcast.net]
Sent: Thursday, May 08, 2008 9:28 PM
To: Aileen Kao; Ann Waltonsmith; Chuck Page; Kathleen King; Jill Hunter
Cc: Dave Anderson; City Clerk
Subject: KMP Park Use Amendment
Mayor and city council members,
Sorry for the confusion surrounding my speaker slip last night. Unfortunately, I could not stay for the
agenda item and instead wrote a note on the speaker slip. It was a thank you note and not intended to pull the
item from the consent calendar. Nevertheless, I and Marty thank you for the positive vote and continued support
for the KMP Development project. Denise
5/9/2008
Memo
To: Mayor and City Councilmembers
From: Ann Sullivan, Acting City Clerk
Date: May 7, 2008
Re: Agenda Item #I — California Voters First Initiative
Attached is an email staff has received regarding agenda item #1.
City Clerk
From: armstrongfs @sbcglobal.net
Sent: Wednesday, May 07, 2008 2:32 PM
To: City Clerk
Subject: California Voters FIRST Initiative
Cathleen,
The League of Woman Voters of California is one of the Major supporters of
the California Voters FIRST Initiative. As president of the League of Women
Voters of Southwest Santa Clara Valley I would like to make a brief
statement of our support for this Initiative after it is introduced at the
Council Meeting tonight.
Thank you
Fred Armstrong
1
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IA iRST
V(O�TERSF
Fair Independent Redistricting Stondards Todoy
JOIN CALIFORNIANS FOR FAIR
REDISTRICTING REFORM!
PROPONENTS AND SUPPORTERS:
• Gov. Arnold Schwarzenegger, Chair
• Steve Westly, Co -Chair
• AARP, proponent
• California Common Cause, proponent
• LA Chamber of Commerce, proponent
• League of Women Voters
ENDORSERS INCLUDE:
• ACLU - Southern California
• California Council of Churches 1 California
Church IMPACT
• California Metals Coalition
• California Republican Assembly
• Chambers of Commerce: Corona, Fresno,
Lake Elsinore, Long Beach, Murrieta, Te-
mecula.
• Pacific Beach Democrats (San Diego)
• Pomona Valley Democratic Club (LA)
• RFK Democratic Club (La Mirada)
• SD Neighborhoods for Clean Elections
• Southwest California Legislative Council
(Riverside)
INDIVIDUAL ENDORSERS INCLUDE:
• Fred Keeley, Santa Cruz Treasurer
• Connie Rice, civil rights attorney
• John A. Smith, Cal. Democratic Pty, Rgn 16
WHY DO WE NEED TO REFORM CALIFORNIA'S REDISTRICTING PROCESS?
It's time to end the secret deals by incumbents to gerrymander our state's
districts. We propose creating a Citizens Redistricting Commission that draws
maps in the open, where every person's testimony is public.
It's time to end the splitting of communities, cities and counties to sat-
isfy the self interests of incumbent politicians. California Voters FIRST en-
sures that redistricting follows clear criteria that prioritize Constitution, the
Voting Rights Act, counties, cities and communities.
It's time to end voter apathy. Fairly drawn districts will increase voter en-
gagement in elections. Instead of elections with no choices, where 99% of all
incumbents win with no contest, California Voters FIRST will open up elec-
tions.
HOW WOULD THE CALIFORNIA VOTERS FIRST ACT WORK?
14- Person Citizens Redistricting Commission. The California Voters
FIRST Act would create a politically balanced Commission - 5 Democrats, 5
Republicans, 4 others. All California voters who meet basic requirements and
have no conflicts of interest may apply. The State Auditor narrows applicants
down to 60 people based on their qualifications and diversity. The Legislative
leaders may strike a limited number of names from that list. The Commis-
sioners are picked - 8 randomly and 6 chosen - to ensure a balance of skills
and diversity.
Protecting communities, cities, and counties. All state district lines must
be drawn according to clear mapping rules. The mapping criteria must be
followed (in this order): equal population between districts, respect for the
Voting Rights Act, and respect for counties, cities and communities of inter-
est. After these criteria, the Commission END POLITICAL GERRYMANDERING
may draw districts that are compact and
nested.
• Open and public process. The Commission
would hold hearings to receive public input.
This would end the closed -door political deals.
All maps and testimony would be posted on
the Internet for the public to see.
• The Citizens Redistricting Commission
would draw districts for the State Assembly,
Senate and Board of Equalization. The Cali-
fornia Voters FIRST Act requires the State
Legislature to follow strict mapping and hear-
ing standards for drawing.Congressional dis-
tricts.
I /We support the California Voters FIRST Act. Please add my name /organization to the list of
individuals and organizations that support fair, independent and representative redistricting.
Name Title Signature Date
Organization Check here if organization and title are for identification purposes only
Address City, State & Zip
Telephone Fax Email
Send us petitions! We can gather signatures!
Please fax this form to JoAnn Fuller at (916) 443 -1897.
For more information, call: (916) 443 -1792.
Paid for by California Voters FIRST Committee
www.CaVotersFIRST.org
Section 1. Title.
This Act shall be known and may be cited as the "Voters FIRST Act."
Section 2. Findings and Purpose.
The People of the State of California hereby make the following findings and declare
their purpose in enacting the Act is as follows:
(a) Under current law, California legislators draw their own political districts. Allowing
politicians to draw their own districts is a serious conflict of interest that harms voters.
That is why 99 percent of incumbent politicians were re- elected in the districts they had
drawn for themselves in the recent elections.
(b) Politicians draw districts that serve their interests, not those of our communities. For
example, cities such as Long Beach, San Jose and Fresno are divided into multiple oddly
shaped districts to protect incumbent legislators. Voters in many communities have no
political voice because they have been split into as many as four different districts to
protect incumbent legislators. We need reform to keep our communities together so
everyone has representation.
(c) This reform will make the redistricting process open so it cannot be controlled by the
party in power. It will give us an equal number of Democrats and Republicans on the
commission, and will ensure full participation of independent voters — whose voices are
completely shut out of the current process. In addition, this reform requires support from
Democrats, Republicans, and independents for approval of new redistricting plans.
(d) The independent Citizens Redistricting Commission will draw districts based on strict,
non - partisan rules designed to ensure fair representation. The reform takes redistricting
out of the partisan battles of the Legislature and guarantees redistricting will be debated
in the open with public meetings, and all minutes will be posted publicly on the Internet.
Every aspect of this process will be open to scrutiny by the public and the press.
(e) In the current process, politicians are choosing their voters instead of voters having a real
choice. This reform will put the voters back in charge.
Section 3. Amendment of Article XXI of the California Constitution.
Article XXI of the California Constitution is amended to read as follows:
Article XXI. loi4ionmen Redistricting of Senate, Assembly, Congressional and
Board of Equalization Districts.
SEC. 1. In the year following the year in which the national census is taken under the
direction of Congress at the beginning of each decade, the Legislature shall adjust the boundary
lines of the Sennteria', Assembly, ly Gengression^' and Beafd of Equalization congressional,
districts in conformance with the following standards and process:
(a) Each member of the Senate, Assembly, Congress, and the Board of Equalization shall
be elected from a single- member district.
(b) The population of all congressional districts of a paftiett'^r type shall be reasonably
equal. After following this criterion the Legislature shall adjust the boundary lines according to
the criteria set forth and prioritized in paragraphs (2), (3), (4), and (5) of subdivision (d) of
Section 2. The Legislature shall issue, with its final map, a report that explains the basis on
which it made its decisions in achieving compliance with these criteria and shall include
definitions of the terms and standards used in drawing its final map.
(e) Evefy distfiet shall be
(cd) Dist 4ets of eaeh type Congressional districts shall be numbered consecutively
commencing at the northern boundary of the State and ending at the southern boundary.
O The Legislature shall coordinate with the Citizens Redistricting Commission
established pursuant to Section 2 to hold concurrent hearings provide access to redistricting data
and software and otherwise ensure full public participation in the redistricting process. The
Legislature shall comply with the open hearing requirements of paragraphs (1), (2), (3), and (7)
of subdivision (a) and subdivision (b) of Section 8253 of the California Government Code, or its
successor provisions of statute.
SEC. 2. LZ A Citizens Redistricting Commission shall draw new district lines (also
known as "redistrict ") for State Senate Assembly and Board of Equalization districts._ This
commission shall be created no later than December 31 in 2010 and in each year ending in the
number zero thereafter.
(b) The Citizens Redistricting Commission (hereinafter the "commission ") shall (1)
conduct an open and transparent process enabling full public consideration of and comment on
the drawing of district lines; (2) draw district lines according to the redistricting criteria specified
in this article; and (3) conduct themselves with integrity and fairness.
(c) (1) The selection process is designed to produce a Citizens Redistricting Commission
that is independent from legislative influence and reasonably representative of this state's
diversity.
(2) The Citizens Redistricting Commission shall consist of 14 members, as follows: five
who are registered with the largest political party in California based on registration, five who
are registered with the second largest political party in California based on registration, and four
who are not registered with either of the two largest political parties in California based on
registration.
(3) Each commission member shall be a voter who has been continuously registered in
California with the same political party or unaffiliated with a political party and who has not
changed political party affiliation for five or more years immediately preceding the date of his or
her appointment Each commission member shall have voted in two of the last three statewide
general elections immediately preceding his or her application.
(4) The term of office of each member of the commission expires upon the appointment
of the first member of the succeeding commission.
(5) Nine members of the commission shall constitute a quorum. Nine or more
affirmative votes shall be required for any official action. The three final maps must be approved
by at least nine affirmative votes which must include at least three votes of members registered
from each of the two largest political parties in California based on registration and three votes
from members who are not registered with either of these two political parties.
(6) Each commission member shall apply this article in a manner that is impartial and
that reinforces public confidence in the integrity of the redistricting_ process. A commission
member shall be ineligible for a period of ten years beginning from the date of appointment to
hold elective public office at the federal state county or city level in this State. A member of
the commission shall be ineligible for a period of five years beginning from the date of
appointment to hold appointive federal state or local public office to serve as paid staff for the
Legislature or any individual legislator or to register as a federal, state or local lobbyist in this
State.
(d) The commission shall establish single- member districts for the Senate, Assembly and
State Board of Equalization pursuant to a mapping_ process using the following criteria as set
forth in the following order of priority:
(1) Districts shall comply with the United States Constitution. Senate, Assembly, and
State Board of Equalization districts shall have reasonably equal population with other districts
for the same office except where deviation is required to comply with the federal Voting Rights
Act or allowable by law.
(2) Districts shall comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and
following).
(3) Districts shall be geographically contiguous.
(4) The geographic integrity of any cily, county, city and county, neighborhood, or
community of interest shall be respected to the extent possible without violating the requirements
of any of the preceding subdivisions. Communities of interest shall not include relationships
with political parties incumbents or political candidates.
(5) To the extent practicable and where this does not conflict with the criteria above,
districts shall be drawn to encourage geographical compactness such that nearby areas of
population are not bypassed for more distant population.
(6) To the extent practicable and where this does not conflict with the criteria above,
each Senate district shall be comprised of two whole, complete and adjacent Assembly districts,
and each Board of Equalization district shall be comprised of 10 whole, complete and adjacent
Senate districts.
(e) The place of residence of any incumbent or political candidate shall not be considered
in the creation of a map. Districts shall not be drawn for the purpose of favoring or
discriminating against an incumbent, political candidate, or political party.
(f) Districts for the Senate Assembly, and State Board of Equalization shall be numbered
consecutively commencing at the northern boundary of the State and ending at the southern
boundary.
(g) By September 15 in 2011 and in each year ending in the number one thereafter, the
commission shall approve three final maps that separately set forth the district boundary lines for
the Senate Assembly, and State Board of Equalization districts. Upon approval, the commission
shall certify the three final maps to the Secretary of State.
(h) The commission shall issue with each of the three final maps, a report that explains
the basis on which the commission made its decisions in achieving compliance with the criteria
listed in subdivision (d) and shall include definitions of the terms and standards used in drawing
each final map.
(i) Each certified final map shall be subject to referendum in the same manner that a
statute is subject to referendum pursuant to Section 9 of Article II. The date of certification of a
final map to the Secretary of State shall be deemed the enactment date for purposes of Section 9
of Article II.
(j) If the commission does not approve a final may by at least the requisite votes or if
voters disapprove a certified final may in a referendum, the Secretary of State shall immediately
petition the California Supreme Court for an order directing the he appointment of special masters
to adjust the boundary lines of that map in accordance with the redistricting criteria and
requirements set forth in subdivision (d) (e) and (fl. Upon its approval of the masters' map, the
court shall certify the resulting map to the Secretary of State, which map shall constitute the
certified final map for the subject type of district.
SEC. 3. (a) The commission has the sole legal standing to defend any action regarding
a certified final map and shall inform the Legislature if it determines that funds or other
resources provided for the operation of the commission are not adequate. The Legislature shall
provide adequate funding to defend any action regarding a certified map. The commission has
sole authority to determine whether the Attorney General or other legal counsel retained by the
commission shall assist in the defense of a certified final map.
(b) (1) The California Supreme Court has original and exclusive jurisdiction in all
proceedings in which a certified final map is challenged.
(2) Any registered voter in this state may file a petition fora writ of mandate or writ of
prohibition within 45 days after the commission has certified a final map to the Secretary of
State to bar the Secretary of State from implementing the plan on the grounds that the filed plan
violates the State Constitution the United States Constitution, or any federal or state statute.
(3) The California Supreme Court shall give priority to ruling on a petition for a writ of
mandate or a writ of prohibition filed pursuant to paragraph (2). If the court determines that a
final certified map violates the State Constitution the United States Constitution, or any federal
or state statute the court shall fashion the relief that it deems appropriate.
Section 4. Amendment of California Government Code.
Chapter 3.2 (commencing with Section 8251) is added to Division 1 of Title 2 of the
Government Code to read as follows:
CHAPTER 3.2 Citizens Redistricting Commission
8251. Citizens Redistricting Commission General Provisions.
(a) This Chapter implements Article XXI of the California Constitution by establishing
the process for the selection and governance of the Citizens Redistricting Commission.
(b) For purposes of this Chapter, the following terms are defined:
(1) "Commission" means the Citizens Redistricting Commission.
(2) "Day" means a calendar day, except that if the final day of a period within which an
act is to be performed is a Saturday, Sunday, or holiday, the period is extended to the next day
that is not a Saturday, Sunday, or holida
(3) "Panel" means the Applicant Review Panel.
(4) "Qualified independent auditor" means an auditor who is currently licensed by the
California Board of Accountancy and has been a practicing independent auditor for at least 10
years prior to appointment to the Applicant Review Panel.
(c) The Legislature may not amend this Chapter unless all of the following are met:
(1) By the same vote required for the adoption of the final set of maps, the commission
recommends amendments to this Chapter to carry out its purpose and intent.
(2) The exact language of the amendments provided by the commission is enacted as a
statute approved by 9,—two-thirds vote of each house of the Legislature and signed by the
Governor.
(3) The bill containing the amendments provided by the commission is in print for 10
days before final passage by the Legislature.
(4) The amendments further the purposes of this Act.
(5) The amendments may not be passed by the Legislature in a year ending in 0 or 1.
8252. Citizens Redistricting Commission Selection Process
(a) (1) By January 1 in 2010 and in each year ending in the number zero thereafter, the
State Auditor shall initiate an application process open to all registered California voters in a
manner that promotes a diverse and qualified applicant pool.
(2) The State Auditor shall remove from the applicant pool individuals with conflicts of
interest including:
(A) Within the 10 years immediately preceding the date of application, neither the
applicant nor a member of his or her immediate family, may have done any of the following:
(i) Been appointed to elected to or have been a candidate for federal or state office.
(ii) Served as an officer, employee or paid consultant of a political party or of the
campaign committee of a candidate for elective federal or state office.
(iii) Served as an elected or appointed member of a political party central committee.
Div) Been a registered federal, state or local lobbyist.
(v) Served as paid congressional legislative, or Board of Equalization staff.
NO Contributed $2,000 or more to any congressional, state or local candidate for elective
public office in any year, which shall be adjusted every ten years by the cumulative change in the
California Consumer Price Index, or its successor.
(B) Staff and consultants to persons under a contract with, and any person with an
immediate family relationship with the Governor, a member of the Legislature, a member of
Congress or a member of the State Board of Equalization, are not eligible to serve as
commission members. As used in this subdivision, a member of a person's "immediate family"
is one with whom the person has a bona fide relationship established through blood or legal
relation including parents, children, siblings, and in -laws.
(b) The State Auditor shall establish an Applicant Review Panel, consisting of three
qualified independent auditors to screen applicants The State Auditor shall randomly draw the
names of three qualified independent auditors from a pool consisting of all auditors employed by
the State and licensed by the California Board of Accountancy at the time of the drawing. The
State Auditor shall draw until the names of three auditors have been drawn including one who is
registered with the largest political party in California based on party registration one who is
registered with the second largest political party in California based on party registration, and
one who is not registered with either of the two largest political parties in California. After the
drawing the State Auditor shall notify the three qualified independent auditors whose names
have been drawn that they have been selected to serve on the panel. If any of the three qualified
independent auditors decline to serve on the panel the State Auditor shall resume the random
drawing until three qualified independent auditors who meet the requirements of this subdivision
have agreed to serve on the panel. A member of the panel shall be subject to the conflict of
interest provisions set forth in paragraphs (2) of subdivision (a).
(c) Having removed individuals with conflicts of interest from the applicant pool, the
State Auditor shall no later than August 1 in 2010 and in each year ending in the number zero
thereafter publicize the names in the applicant pool and provide copies of their applications to
the Applicant Review Panel.
(d) From the applicant pool the Applicant Review Panel shall select 60 of the most
qualified applicants including 20 who are registered with the largest political party in California
based on registration 20 who are registered with the second largest political party in California
based on registration and 20 who are not registered with either of the two largest political parties
in California based on registration. These subpools shall be created on the basis of relevant
analytical skills ability to be impartial and appreciation for California's diverse demographics
and geography. The members of the panel shall not communicate with any state Board of
Equalization member, Senator Assembly member, congressional member or their
representatives about any matter related to the nomination process or applicants prior to the
presentation by the panel of the pool of recommended applicants to the Secretary of the Senate
and the Chief Clerk of the Assembly.
(e) By October 1 in 2010 and in each year ending in the number zero thereafter, the
Applicant Review Panel shall present its pool of recommended applicants to the Secretary of the
Senate and the Chief Clerk of the Assembly. No later than November 15 in 2010 and in each
year ending in the number zero thereafter, the President pro Tempore of the Senate, the Minority
floor leader of the Senate the Speaker of the Assembly and the Minority Floor Leader of the
Assembly may each strike up to two applicants from each subpool of 20 for a total of eight
possible strikes per subpool After all legislative leaders have exercised their strikes the
Secretary of the Senate and the Chief Clerk of the Assembly shall jointly present the pool of
remaining names to the State Auditor.
(f) No later than November 20 in 2010 and in each year ending in the number zero
thereafter, the State Auditor shall randomly draw eight names from the remaining pool of
applicants as follows: three from the remaining subpool of applicants registered with largest
political party in California based on registration three from the remaining subpool of applicants
registered with second largest political party in California based on registration, and two from
the remaining subpool of applicants who are not registered with either of the two largest political
parties in California based on registration. These eight individuals shall serve on the Citizens
Redistricting Commission.
(g) No later than December 31 in 2010 and in each year ending in the number zero
thereafter, the eight commissioners shall review the remaining names in the pool of applicants
and appoint six applicants to the commission as follows: two from the remaining subpool of
applicants registered with the largest political party in California based on registration, two from
the remaining subpool of applicants registered with the second largest political party in
California based on registration and two from the remaining subpool of applicants who are not
registered with either of the two largest political parties in California based on registration. The
six appointees must be approved by at least five affirmative votes which must include at least
two votes of commissioners registered from each of the two largest parties and one vote from a
commissioner who is not affiliated with either of the two largest political parties in California.
The 6 appointees shall be chosen to ensure the commission reflects this State's diversity,
including but not limited to racial ethnic, geographic, and gender diversity. However, it is not
intended that formulas or specific ratios be applied for this purpose. Applicants shall also be
chosen based on relevant analytical skills and ability to be impartial.
8252.5 Citizens Redistricting Commission Vacancy, Removal, Resignation, Absence.
(a) In the event of substantial neglect of duty, gross misconduct in office or inability to
discharge the duties of office a member of the commission may be removed by the Governor
with the concurrence of two- thirds of the members of the Senate after having been served written
notice and provided with an opportunity for a response A finding of substantial neglect of duty
or gross misconduct in office may result in referral to the California Attorney General for
criminal prosecution or the appropriate administrative agency for investigation.
(b) Any vacancy, whether created by removal, resignation or absence, in the 14
commission positions shall be filled within the 30 days after the vacancy occurs, from the pool of
applicants of the same voter registration category as the vacating nominee that was remaining as
of November 20 in the year in which that pool was established. If none of those remaining
applicants are available for service the State Auditor shall fill the vacancy from a new pool
created for the same voter registration category in accordance with Section 8252.
8253 Citizens Redistricting Commission Miscellaneous Provisions.
(a) The activities of the Citizens Redistricting Commission are subiect to all of the
following:
(1) The commission shall comply with the Bagley -Keene Open Meeting Act (Article 9
commencing with Section 11120 of Chapter 1 of Part 1 Division 3 of Title 2), or its successor.
The commission shall provide not less than 14 days public notice for each meeting, except that
meetings held in September in the year ending in the number one may be held with three days'
notice.
(2) The records of the commission pertaining to redistricting and all data considered by
the commission are public records that will be posted in a manner that ensures immediate and
widespread public access.
(3) Commission members and staff may not communicate with or receive
communications about redistricting matters from anyone outside of a public hearing. This
paragraph does not prohibit communication between commission members, staff, legal counsel
and consultants retained by the commission that is otherwise permitted by the Bagley -Keene
Open Meeting Act or its successor outside of a public hearing.
(4) The commission shall select by the voting process prescribed in paragraph (5) of
subdivision (c) of Section 2 of Article XXI of the California Constitution one of their members
to serve as the chair and one to serve as vice chair. The chair and vice chair shall not be of the
same party.
(5) The commission shall hire commission staff, legal counsel, and consultants as needed.
The commission shall establish clear criteria for the hiring and removal of these individuals,
communication protocols and a code of conduct. The commission shall apply the conflicts of
interest listed in paragraph (2) of subdivision (a) of Section 8252 to the hiring of staff to the
extent applicable The Secretary of State shall provide support functions to the commission until
its staff and office are fully functional. Any individual employed by the commission shall be
exempt from the civil service requirements of Article VII of the California Constitution. The
commission shall require that at least one of the legal counsel hired by the commission has
demonstrated extensive experience and expertise in implementation and enforcement of the
federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 and following). The commission shall
make hiring removal or contracting decisions on staff, legal counsel, and consultants by nine or
more affirmative votes including at least three votes of members registered from each of the two
largest parties and three votes from members who are not registered with either of the two largest
political parties in California.
(6) Notwithstanding any other provision of law, no employer shall discharge, threaten to
discharge intimidate coerce or retaliate against any employee by reason of such employee's
attendance or scheduled attendance at any meeting of the commission.
(7) The commission shall establish and implement an open hearing process for public
input and deliberation that shall be subject to public notice and promoted through a thorough
outreach program to solicit broad public participation in the redistricting public review process.
The hearing_ process shall include hearings to receive public input before the commission draws
any maps and hearings following the drawing and display of any commission maps. In addition,
hearings shall be supplemented with other activities as appropriate to further increase
opportunities for the public to observe and participate in the review process. The commission
shall display the maps for public comment in a manner designed to achieve the widest public
access reasonably possible. Public comment shall be taken for at least 14 days from the date of
public display of any mqp.
(b) The Legislature shall take all steps necessary to ensure that a complete and accurate
computerized database is available for redistricting, and that procedures are in place to provide
the public ready access to redistricting data and computer software for drawing maps. Upon the
commission's formation and until its dissolution, the Legislature shall coordinate these efforts
with the commission.
8253.5. Citizens Redistricting Commission Compensation.
Members of the commission shall be compensated at the rate of three hundred dollars
($300) for each day the member is engaged in commission business. For each succeeding
commission the rate of compensation shall be adjusted in each year ending in nine by the
cumulative change in the California Consumer Price Index, or its successor. Members of the
panel and the commission are eligible for reimbursement of personal expenses incurred in
connection with the duties performed pursuant to this act. A member's residence is deemed to be
the member's post of duty for purposes of reimbursement of expenses.
8253.6 Citizens Redistricting Commission Budget, Fiscal Oversight.
(a) In 2009 and in each year ending in nine thereafter, the Governor shall include in the
Governor's Budget submitted to the Legislature pursuant to Section 12 of Article IV of the
California Constitution amounts of funding for the State Auditor, Citizens Redistricting
Commission and the Secretary of State that are sufficient to meet the estimated expenses of each
of those officers or entities in implementing the redistricting_ process required by this Act for a
three year period including but not limited to adequate funding for a statewide outreach
program to solicit broad public participation in the redistricting process. The Governor shall
also make adequate office space available for the operation of the commission. The Legislature
shall make the necessary appropriation in the budget act, and the appropriation shall be available
during the entire three} year period. The appropriation made shall be equal to the greater of three
million dollars ($3,000,000), or the amount expended pursuant to this subdivision in the
immediately proceeding redistricting process, as each amount is adjusted by the cumulative
change in the California Consumer Price Index, or its successor, since the date of the
immediately preceding appropriation made pursuant to this subdivision. The Legislature may
make additional appropriations in any year in which it determines that the commission requires
additional funding in order to fulfill its duties.
(b) The commission with fiscal oversight from the Department of Finance or its
successor, shall have procurement and contracting authority and may hire staff and consultants,
exempt from the civil service requirements of Article VII of the California Constitution, for the
purposes of this Act, including legal representation.
Section 5. Conflicting Ballot Propositions.
(a) In the event that this measure and another measure(s) relating to the redistricting of
Senate, Assembly, congressional, or Board of Equalization districts are approved by a majority
of voters at the same election, and this measure receives a greater number of affirmative votes
than any other such measure(s), this measure shall control in its entirety and the other measure(s)
shall be rendered void and without any legal effect. If this measure is approved by a majority of
the voters but does not receive a greater number of affirmative votes than the other measure(s),
this measure shall take effect to the extent permitted by law.
(b) If any provisions of this measure are superseded by the provisions of any other
conflicting measure approved by the voters and receiving a greater number of affirmative votes
at the same election, and the conflicting measure is subsequently held to be invalid, the
provisions of this measure shall be self - executing and given full force of law.
Section 6. Severability.
The provisions of this Act are severable. If any provision of this Act or its application is
held to be invalid, that invalidity shall not affect other provisions or applications that can be
given effect without the invalid provision or application.