By-Trustee Area FAQs

What is the CVRA?

Posted by:

The Folsom Cordova Unified School District (FCUSD), like other cities and school districts across the state, is starting the process to change how voters elect Board of Education Members.  FCUSD received a letter demanding that School Board elections transition from the current "at-large" election method to a "by-trustee area" election method in order to comply with the CVRA.  On March 12, 2020 the FCUSD Board of Education adopted a resolution declaring its intent to transition to a "by-trustee area" election system. If approved, the change would become effective for the November 2020 general election.

How is the CVRA different from the FVRA?

Posted by:

The CVRA was adopted in 2002 and is based upon the Federal Voting Rights Act of 1965 (“FVRA”) with some important differences that make "at-large" election systems much more susceptible to legal challenges. For a plaintiff to be successful in a claim of violation under the FVRA relating to "at-large" elections, the plaintiff must show that: 1) a minority group is sufficiently large and geographically compact to form a majority of the eligible voters in a single-member district; 2) there is racially-polarized voting; and 3) there is “white bloc voting” (the term used by the courts reviewing such cases) sufficient usually to prevent minority voters from electing candidates of their choice. If a plaintiff proves these three elements, then the federal court will consider whether, under the “totality of circumstances,” the votes of minority voters are diluted by the at-large election system.

The CVRA removes two of these factors. It eliminates what is known as the “geographically compact” FVRA precondition (e.g., can a majority-minority district be drawn) as well as the “totality of the circumstances” or “reasonableness” test.  Because the CVRA eliminates some of the elements that a plaintiff must prove, defending a lawsuit brought pursuant to the CVRA is more difficult to defend against than a claim under the FVRA.  As a result of the lower threshold for proving a claim under the CVRA, many jurisdictions have voluntarily switched to district-based election systems instead of facing litigation.

 

What’s the difference between “at large” elections and “by-trustee area” elections?

Posted by:

FCUSD currently has an "at-large" election system where voters of the entire school district elect all members of the School Board. A “by-trustee area” election system will carve FCUSD’s area of service into "by-trustee areas." Voters in each "by-trustee area" will choose their School Board representative, who must also live in that "by-trustee area."

 

Why consider the transition to a "by-trustee area" election system now?

Posted by:

The Folsom Cordova Unified School District (FCUSD), like other cities and school districts across the state, is starting the process to change how voters elect Board of Education Members.  FCUSD received a letter demanding that School Board elections transition from the current "at-large" election method to a "by-trustee area" election method in order to comply with the CVRA.  On March 12, 2020 the FCUSD Board of Education adopted a resolution declaring its intent to transition to a "by-trustee area" election system. If approved, the change would become effective for the November 2020 general election.

 

How will transitioning to a "by-trustee area" election system affect me?

Posted by:

If approved, registered voters in the school district's boundaries will have the opportunity to vote for a candidate for School Board that lives in their "by-trustee area." Registered voters will not be able to vote for School Board candidates from "by-trustee areas" in which they do not reside.

 

Will this impact school boundaries?

Posted by:

No, the FCUSD transition from at-large to by-trustee area voting will have no impact on school attendance boundaries.

How many School Board members will be elected?

Posted by:

The number of School Board members will not change and will stay at five. The Board will be considering maps that include five by-trustee areas. The number of by-trustee areas in the map determines the number of Board of Education members elected in the future.

What is a community of interest?

Posted by:

A community of interest is any distinctive area within the school district boundaries that has a definable group of people, unique geography or some other distinguishable feature or characteristic that it would be undesirable to divide in the creation of "by-trustee areas." Some of these may already be clearly established and others may be defined as a result of this process. This distinction requires strong community input to ensure communities of interest are protected in this process.

Does the Public Hearings format allow for questions to be addressed?

Posted by:

The purpose of these public hearings is for community members and the Board to comment on the potential composition of "trustee areas."

In practicality, the Board will open the public hearing and the demographer will briefly explain the process and describe the type of feedback being sought at this stage.   

When the presentation concludes, members of the public can approach the podium and comment.  At this stage, it is not uncommon to receive questions about the process as opposed to actual feedback.  Usually, once draft maps are released to the public there tends to be an uptick in public participation. After these public hearings, the demographer will take that feedback and prepare legally permissible maps that attempt to take that public feedback into consideration while still balancing population and other factors.

How will written communications be memorialized during the public hearing process?

Posted by:

All written communications will be provided to the Board and will be part of the public record.  The Board will consider the public record as part of its determination on the areas to consider and how the final district map will be configured.

What draft maps will be considered by the Board?

Posted by:

The Board will consider one or more draft maps prepared by a professional demographer.

What criteria will be used to select the final map?

Posted by:

The Board will consider a range of factors in selecting the final map including (but not limited to) equal population, communities of interest, compactness, contiguity of the areas, visible boundaries, and respect for voters’ wishes and continuity in office.

How will the final map be chosen?

Posted by:

The Board will consider a range of factors when selecting a district map of five geographic areas as part of the transition to a "by-trustee area" election system.  These factors include (but are not limited to) equal population, communities of interest, compactness, contiguity of the areas, visible boundaries, and respect for voters’ wishes and continuity in office.

How can I help shape the "by-trustee areas"?

Posted by:

The Board is conducting public hearings to receive community feedback on the proposed "by-trustee areas." At least two public hearings will be held before the release of draft maps, and at these hearings residents will be asked to provide input on potential “communities of interest” to follow when shaping draft "by-trustee area" maps. There will be at least two additional public hearings at subsequent School Board meetings. The Board will consider an ordinance establishing "by-trustee area" elections, "by-trustee area" boundaries, and when each "by-trustee areas" election will be held.

How many "by-trustee areas" will be established?

Posted by:

Five separate by-trustee voting areas will be established within the district boundary map.

Why is FCUSD being divided into five "by-trustee areas"?

Posted by:

Pursuant to Education Code section 35012, the default number of trustees for a given school district is five.  In certain circumstances, a unified school district may be formed with, or increase its number of trustees to, seven members.  Also, elementary school districts with daily attendance of under 300 students are permitted to have as few as three trustees.  While there is a process that permits school districts to move from five to seven or from seven to five trustees, the recent and ongoing transition to a "by-trustee area" election system does not impact the number of trustees representing and governing the District.  Instead, this transition only alters the method by which trustees are elected.  Since FCUSD is governed by a five Trustee Board, the draft map options will each create five "trustee areas."

Will all five Governing Board member seats be open at the District’s next general election?

Posted by:

No. The District’s November 2018 elections seated three Trustees for four-year terms through 2022. In 2020, the District will have two Governing Board seats up for election during its first "by-trustee area" election.

When will these new "by-trustee area" elections take effect?

Posted by:

If approved, the new "by-trustee area" elections would become effective for the election in November 2020. 

 

What happens if multiple Board members reside within a single "trustee area" on a draft map?

Posted by:

Under all circumstances, all Governing Board members serve out their full terms of office. Specifically, the Education Code contemplated transitions from "at-large" to "by-trustee area" elections in Education Code § 5021(a) which states, in pertinent part, that “[i]f a proposal for the establishment [of trustee area elections] is approved . . . any affected incumbent board member shall serve out his or her term of office...”

While draft map options have yet to be prepared by the District’s demographer, it is possible that map options will be drawn with more than one Governing Board member living within a single trustee area. Whether or not such a scenario will exist depends on population density data and the locations of residences of Governing Board members. In such a scenario, if the Governing Board members within a given trustee area have terms that expire simultaneously (i.e. 2022), those members serve their full terms but only one may win re-election from the "trustee area" within which they reside – or a challenger can prevail in that area’s 2022 election.

Alternatively, a given trustee area may be home to multiple Governing Board members whose current terms have different expiration dates (i.e., one Governing Board member’s term expires in 2020 while another’s expires in 2022). In such cases, once the Governing Board member whose term expires in 2020 will term out in December 2020. Since another sitting Governing Board member will still hold office in that trustee area, the member with the expiring term may not run in 2020 for reelection in that "trustee area." He or she is permitted to run in 2022 when that "trustee area" seat is available or may establish residency and become domiciled within a "trustee area" open for election in 2020.

What if there is no candidate in one of the "by-trustee areas"?

Posted by:

There is a limited 25-day window for candidates to file declarations of candidacy with the County Registrar to run for office. This narrow window opens 113 days prior to the election and closes 88 days prior to the election. If no qualified candidate emerges from a "trustee area" up for election, the Board may appoint to fill the vacancy from a resident of that "trustee area."

Unlike ordinary appointments, according to Education Code section 5326, if no candidate has been nominated by 83 days prior to the election, the Board is authorized to appoint a qualified person to the Board. Such appointment must occur at a Board meeting prior to election day and the appointed member will be "seated" to the Board at the organizational meeting. Unlike, most vacancies, vacancies and appointments due to failure to elect result in the appointee serving "as if elected" – for the full term. (Education Code section 5328.)

The District's Board Bylaw (BB) 9223 Filling Vacancies describes the process for finding qualified candidates to appoint. Specifically, the District is required to advertise in the local media to solicit candidate applications or nominations and a committee consisting of less than a quorum of the Board shall ensure that applicants are eligible for Board membership and announce the names of the eligible candidates. The Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote. (BB 9223; see also Education Code section 5328.5.)

Importantly, the appointee must be eligible for office and reside within the specific vacant "trustee area." The appointment must be made at a Board meeting prior to election day. The appointed member will serve as if elected in the general election – for four years.

How does the Governing Board determine the sequence of which "trustee areas" are to hold elections?

Posted by:

The transition to a "by-trustee area" election system requires the Board to consider election sequencing. Not all Board member seats will be up for election at the same time. For FCUSD, two seats are available in 2020 for election and three seats are available in 2022. When multiple Board members reside in the same "trustee area," at least one created "trustee area" will be vacant of a current Governing Board member at the time a map option is adopted by the District. To determine the sequence of which "trustee areas" are to hold elections next, the Board must follow the guidance of Election Code section 10010(b):

“In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purpose of the California Voting Rights Act of 2001...and it shall take into account the preferences expressed by members of the districts.”

The purpose of the CVRA is to increase the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. As such, the Board intends to select the trustee areas that have the highest percentages of eligible voters (also known as Citizen Voting Age Population or CVAP) of members of protected classes to be first available to hold elections.

Notwithstanding the Board’s preference for election sequencing, Education Code section 5021(a) authorizes the County Committee on School District Organization to “determine by lot the trustee area from which the nomination and vacancy on the governing board shall be made.” In other words, the County Committee on School District Organization has the authority to determine the "trustee areas" eligible for the next vacancy by lot.