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Independent Redistricting Commission
City of Oakland
Charter Amendment - Majority Approval Required
Pass: 53493 / 61.45% Yes votes ...... 33561 / 38.55% No votes
Index of all Measures
|Results as of Dec 28 11:38am, 100.00% of Precincts Reporting (275/275)|
|Information shown below: Summary | Fiscal Impact | Impartial Analysis | Arguments | Full Text|
Shall the Charter of the City of Oakland be amended to transfer to a 13-member independent redistricting commission the City Council's authority to redraw the district boundary lines for the City Council and Oakland Unified School District?
The Commission's Redistricting ProcessEvery ten years beginning in 2021, the Commission would conduct a redistricting process. The Commission's meetings would be open and public with notice and agendas required by state open meeting law and Oakland's Sunshine Ordinance. Commissioners would be required to disclose all contacts regarding matters related to the Commission's redistricting role and process.
Number of Commission Members. Appointment ProcedureThe Commission would consist of thirteen (13) members who would be appointed in accordance with the procedure specified in the measure. Membership on the Commission would be open to all individuals who resided in Oakland for three years preceding the date of their application. The City Administrator would manage the application process, ensuring that the pool of applications meets specified standards of diversity and qualifications and that the qualified pool includes at least forty (40) individuals and at least three applicants from each existing City Council district. Persons with "conflicts of interest" as defined by the measure would be ineligible for membership on the Commission and would be removed from the pool. Next, a three-member screening panel composed of a retired judge, a volunteer law student or public policy student and a local, non-profit good government organization would narrow the pool to thirty (30) applicants. The City Administrator would select the screening panel based on criteria established by regulations drafted by the City Attorney and approved by the City Council. The screening panel would select the most qualified applicants to perform the Commission's duties who reflect the geographic, racial, ethnic and economic diversity of the City of Oakland; the pool must include at least two applicants from each Council district. Then the City Clerk would randomly draw six names. Finally, the six randomly selected Commissioners would select seven additional Commissioners and two alternate members from the remaining applicant pool. For the ten years following their service. Commissioners would be ineligible to hold an elected office in the City. For four years following service. Commissioners would be ineligible to 1) hold appointive office for the City of Oakland or the School Board, 2) serve as paid staff or consultants to the City Council or any member of City Council or the Oakland School Board, 3) receive a non-competitive contract with the City, or 4) act or register as a local government lobbyist for four years.
Financial ImpactThe main cost to the City that will result from Measure DD passing is recruiting costs for the 13-member Independent Redistricting Commission. Recruiting costs, include staff time, materials, and outreach.
Estimated Recruiting Costs: $45,000 to $75,000The estimated cost to the City is $45,000 to $75,000, depending on the City's level of outreach. This estimate is based on the actual costs recently incurred by another jurisdiction when it established its independent citizen's redistricting commission. One potential cost that cannot, at this time, be quantified is the additional City staff time, if any, required from the Offices of the City Administrator and the City Attorney to support the Independent Redistricting Commission. The cost for the actual process of redistricting, which includes independent analysis of the district population and soliciting broad public participation, is a cost that the City incurs every 10 years, regardless of whether Measure DD passes. Thus, it is not considered a financial impact of the Measure. Under the Measure, the City will appropriate at least the amount spent in 2013 on redistricting, adjusted for inflation, and allocated on a pro rata basis. This analysis relied on the best data available at the time; however, actual results may vary from these estimates.
s/COURTNEY A. RUBY, CPA, CFE, City Auditor
The Commission's Redistricting ProcessLike the City Council, the Commission would undertake a redistricting process every ten years. The Commission's first process would commence in 2021. The measure would establish criteria for the Commission to follow in drawing new district boundaries and the Commission would have the authority to approve additional criteria. The Commission's redistricting criteria, like the criteria the City Council has employed, must comply with the federal Voting Rights Act. The Commission would certify a final redistricting plan to the City Council. The City Council would have no authority to alter the map; it would have a duty to appropriate funds to meet the operational needs of the Commission. If the Commission fails to approve a plan by December 31, 2021, and in each year ending in the number one (1) thereafter, the City Attorney must submit a petition to the Alameda County Superior Court requesting an order establishing an interim plan that would be in effect until the Commission adopts a final plan. Approval of the final district map would require affirmative votes by nine of the thirteen Commissioners. All meetings of the Commission would be open and public with notice and agendas required by the state open meetings law and the Oakland Sunshine Ordinance. In addition, Commissioners would be required to disclose outside contacts regarding redistricting at public meetings. The terms of the Commissioners would expire when the final district lines are adopted and no longer subject to legal challenge. At that point, the Commission would dissolve. Approval of this measure requires an affirmative vote by the majority of the voters who cast ballots Barbara J. Parker City Attorney
League of Women Voters
East Bay Express
|Arguments For Measure DD||Arguments Against Measure DD|
|Drawing new district lines for City Council seats may not seem interesting, but it's really important. Elected officials have been drawing their own districts behind closed doors for too long. We need to create an Oakland Independent Redistricting Commission to ensure districts are drawn to:
s/ Dan Kalb, Oakland City Councilmember District 1
s/ Katherine Gavzy, President, League of Women Voters of Oakland
s/ Esperanza Tervalon- Daumont, Executive Director, Oakland Rising
s/ Zabrae Valentine, California Common Cause
No arguments against Measure DD were submitted.
|Full Text of Measure DD|
Section 1. Title.City of Oakland Independent Redistricting Commission
Section 2. Amendment to Article II of the Charter of the City of Oakland to establish the City of Oakland Independent Redistricting Commission.The Independent Redistricting Commission shall be empowered to divide the city into seven geographical council districts for the election of Councilmembers and Oakland Unified School Board of Directors. The Commission shall designate each council district by a number.
Section 3. Redistricting.Section 220 is added to Article II of the Charter of the City of Oakland, to read as follows:
Section 220.Redistricting of City Council and School Board Districts.(A) For purposes of this section, the following terms are defined:
(1) COMMISSION means the Independent Redistricting Commission.
(B) In 2021 and thereafter in each year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, or whenever any substantial territory is annexed to or consolidated with the City, the Commission shall adjust the boundary lines of the seven(7)City Council and Oakland Unified School Board of Directors districts in conformance with the standards and process set forth in this article. The Commission shall be fully established no later than September 1, 2020, and thereafter no later than September 1 in each year ending in the number (0). The Commission shall not draw district lines at any other time, except if the districts must be redrawn because of a judicial decision invalidating the then existing district plan, in whole or in part.
(C) The Commission shall:
(1) Conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines;
(D) The Commission shall consist of thirteen sitting members and two alternates.
(1) Each Commissioner and alternate shall be a resident of the City of Oakland for at least the three years preceding the date of application.
(E) The Commission shall establish the boundaries of the council and school districts for the City of Oakland in a plan using the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States Constitution. Each council and school district shall have reasonably equal population with other districts, except where deviation is required to comply with the federal Voting Rights Act or permitted by law.
(F) Prior to the appointment of the first Commission, the City Attorney shall draft, and the City Council shall approve, interim regulations necessary for appointment of the first commission. The commission shall adopt permanent regulations governing its operations in consultation with the City Attorney.
(G) By December 31, 2021, and in each year ending in the number one (1) thereafter, the Commission shall adopt a final plan for the City of Oakland specifically describing the district boundaries for each of the council and school districts prescribed above. Upon adoption, the commission shall certify the plan to the City Council. The City Council may not change the plan. The plan shall have the force and effect of law.
(1) The Commission shall issue a report that explains the basis on which the Commission made its decisions in achieving compliance with the criteria listed above and shall include definitions of the terms and standards used in drawing the final plan.
(H) The City Attorney shall serve as legal counsel to the Commission in the manner provided for in Section 401(6) of Article IV of the City Charter.
(I) Commissioners shall disclose all contact regarding the Commission╒s subject matter jurisdiction that occurs outside of a publicly noticed meeting. Commissioners shall disclose these contacts no later than the commission╒s next regular or special meeting. The Commission shall establish procedures for disclosure. These procedures shall, at minimum, require disclosure of contacts with incumbent members of the City Council and School Board regarding matters before the commission.
(J) Commission Selection Process
(1) No later than July 1, 2019, and in each year ending in the number zero (0) thereafter, the City Attorney shall draft regulations, subject to the City Council's approval, that establish minimum standards for outreach efforts to recruit a robust pool of applicants, and to establish criteria for the selection of a screening panel, composed of one retired judge who resides in Oakland, one volunteer who shall be a student at a law school accredited by the Committee of Bar Examiners of the State Bar of California or graduate public policy student, and one representatives of a local 501(c)(3) nonprofit good government organization. Members of the screening panel shall be subject to the same qualifications as the Commissioners.
(K) Citizens Redistricting Commission Vacancy, Removal, Resignation, or Absence.
(1) 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, having been served written notice and provided with an opportunity for a response, is subject to removal by the Commission. Removal of a Commissioner requires approval by two-thirds vote.
(L) The activities of the Citizens Redistricting Commission are subject to all of the following:
(1) The commission shall comply with all applicable state and city requirements for open meetings, including the Ralph M. Brown Act, commencing at Section 54950 of the Government Code, and the City╒s Sunshine Ordinance at Chapter 2.20 of the Oakland Municipal Code.
Section 4. Conforming Amendment.Section 203 of Article II of the Charter of the City of Oakland is amended to read as follows:
Section 203. Nomination and Election of Councilmembers.Seven Councilmembers shall be nominated from districts and one shall be nominated at large. The Councilmember-at-large shall be nominated and elected by the qualified electors of the City at large. The District Councilmembers shall be nominated and elected by the qualified electors of their respective districts. The districts shall be as they exist upon the taking effect of this section, until revised by ordinance.