County Redistricting
Legal Issues
2011 Redistricting Committee
Thomas (Mat) Miller, Senior Deputy
Office of the County Counsel
February 10, 2011
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Redistricting – Legal Issues
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Equality of Population
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The Equal Protection Clause of the 14th Amendment of
the U.S. Constitution prohibits the election of local
government officials from districts of disparate
population. Avery v. Midland County, 390 U.S. 474
(1968)
Districts must be “as nearly equal in population as may
be.” Id.
A total population deviation of 10% between largest
and smallest legislative district is presumed to be
acceptable. Gaffney v. Cummings, 412 U.S. 735 (1973);
White v. Regester, 412 U.S. 755 (1973)
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Redistricting – Legal Issues (cont.)

California Elections Code Section 21500 provides that in
establishing the boundaries of supervisorial districts the Board
may give consideration to:
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Topography.
Geography.
Cohesiveness, contiguity, integrity, and compactness of territory.
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Should be contiguous and compact, taking into account the availability of
transportation and communication.
Social and economic interests common to the population of an area should
be considered.
Compactness does not refer to geometric shapes but to the ability of
citizens to relate to each other and their representatives and to the ability
of representatives to relate effectively to their constituency.
Community of interests of the districts.
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Relationships that are facilitated by shared interests and by membership in
a political community.
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Redistricting – Legal Issues (cont.)
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U.S. Supreme Court has held that other
considerations may be acceptable.
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Protection of incumbency, voting patterns and
race may also be considered in redistricting.
Hunt v. Cromartie, 121 S. Ct. 1452 (2001).
The goal is the creation of legislative
districts that are effective, both for the
represented and the representative.
DeWitt v. Wilson, 856 F. Supp. 1409
(1994).
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Redistricting – Legal Issues (cont.)

Supervisorial redistricting must comply with Section
2 of the Voting Rights Act (42 U.S.C.A. 1973).
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Prohibits actions by a local government which impair the
ability of a racial minority to elect its candidates of
choice on an equal basis with other voters.
Minority group must be large, geographically compact
and politically cohesive.
The County cannot take intentional action to dilute
existing minority voting strength in redrawing
supervisorial district lines. Garza v. County of Los
Angeles, 918 F. 2d 763 (1990).
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Redistricting – Legal Issues (cont.)
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Voting Rights Act.
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Under a totality of the circumstances, the minority
group may not have less opportunity than others to
participate in the political process and to elect
representatives of its choice. Thornburgh v. Gingles,
478 U.S. 30 (1986); Growe v. Emison, 507 U.S. 25
(1993).
Does not require any affirmative steps to be taken by
the County during the redistricting process.
Race may also not be the only factor used; cannot
ignore traditional redistricting principles. Bush v. Vera,
517 U.S. 952 (1996).
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The Brown Act
2011 Redistricting Committee
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Meeting Requirements: Open and
Public Meetings
The Brown Act
generally requires
that all meetings of a
legislative body of a
local agency be “open
and public.”
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Applies to any “legislative body” of
a “local agency”
“Legislative body” is broadly
defined and includes:
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The governing board of a local
agency, or any local board
created by statute.
Any commission, committee,
board or other body created by
formal action of a legislative
body.

2011 Redistricting Committee
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What constitutes a “meeting”
“Any congregation of a majority
of the members of a legislative
body at the same time and
location, including
teleconference location . . .to
hear, discuss, deliberate or take
action on any item that is
within the subject matter
jurisdiction of the legislative
body.” Section 54952.2 (a).
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No Serial Meetings
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Prohibits a majority of the members of a
legislative body from using a series of
communications of any kind, directly or
through intermediaries, to discuss,
deliberate, or take action on any item of
business, even if no “collective
concurrence” is ever reached. Section
54952.2(b)(1).
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Valladolid v. County of San Diego BOS
No intent is required.
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Regular, Special, and Emergency
Meetings
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Regular meetings: Each legislative body shall provide
the time and place for holding regular meetings.
Special Meetings: May be called at any time by the
presiding officer of the legislative body of a local agency,
or by a majority of the members of the legislative body
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By posting a notice and also delivering written notice to each member
of the legislative body and to each local newspaper of general
circulation and radio or television station requesting notice in writing.
Section 54956.
Emergency meetings: May hold an emergency meeting
without complying with the 24-hour “Special Meeting”
notice and posting requirements. Section 54956.5.
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What is Not a “Meeting” Under the
Brown Act
The following events are not considered
meetings, subject to the requirements of
the Brown Act:
•
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Individual contacts or conversations between a
member of a legislative body and any other
person;
Attendance of a majority of the members of a
legislative body at a conference open to the
public or purely social or ceremonial event (may
not discuss official business).
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Meeting Requirements: Open and
Public Meetings
•
•
At regular and special meetings, members of the public have a
right to address the legislative body on any item appearing on
the agenda.
The agenda shall provide an opportunity for members of the
public to address the legislative body on any item.
•
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•
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Legislative body may adopt reasonable regulations limiting the total
amount of time for particular issues or particular speakers. Section
54954.3(b).
No “sign in” requirement allowed.
Legislative body may not prohibit public criticism. Section
54954.3, sub. (c)
Meetings may be recorded by the public. Section 54953.5.
Any materials provided to the body are public records, unless
otherwise exempt. Section 54957.5.
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Agenda Requirements
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Agenda must be posted at least 72 hours before the
meeting.
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Must contain brief description of each item to be discussed.
Except as otherwise provided by law, no action or
discussion shall be undertaken on any item not
appearing on the posted agenda. Section 54954.2.
When an item not appearing on the agenda be
discussed or acted upon
•
•
Members of a legislative body or its staff may briefly respond
to statements made or questions posed by persons
exercising their public testimony rights.
On their own initiative or in response to questions posed by
the public, a member of a legislative body or its staff may
ask a question for clarification, make a brief announcement,
or make a brief report on his or her own activities.
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Enforcement & Penalties
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Criminal Penalties – A misdemeanor if
there is intent to deprive the public of
information which the member knows or
has reason to know the public is entitled to
receive. Section 54959.
Civil Injunction
Attorneys Fees and Court Costs
Court May Invalidate Action Taken In
Violation of Brown Act
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The Public Records Act
2011 Redistricting Committee
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The California Public Records Act
In 10 Seconds…
Any person may inspect or
receive a copy of a public record
unless it is exempt. (Gov. Code,
§ 6253)
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What Agencies Are Subject To The
Public Records Act?
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All state and local agencies.
Boards, commissions or agencies created
by a covered agency, including advisory
boards.
Non-profit entities that are legislative
bodies of a local agency.
The Redistricting Committee is
subject to the Public Records Act!
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What is a public record?
“Public records” include any writing
containing information relating to the
conduct of the public's business prepared,
owned, used, or retained by any state or
local agency regardless of physical form or
characteristics. (§ 6252(e).)
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What is a public record?
A writing means any handwriting, typewriting, printing,
photostating, photographing, photocopying,
transmitting by electronic mail or facsimile, and every
other means of recording upon any tangible thing any
form of communication or representation, including
letters, words, pictures, sounds, or symbols, or
combinations thereof, and any record thereby created,
regardless of the manner in which the record has been
stored. (§ 6252(g).)
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Public Records Act Checklist
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The Request – Can be oral or written.
The Review – Identify responsive records
and determine if they are exempt.
The Response – Notify the requester
within 10 days if we will comply with the
request or assert an exemption.
The Production – Requester can inspect
records for free or obtain copies for the
direct cost of duplication.
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Questions?
Office of County Counsel
(714) 834-3300
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