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Alameda County, CA November 4, 2014 Election
Measure DD
Independent Redistricting Commission
City of Oakland

Charter Amendment - Majority Approval Required

Pass: 53493 / 61.45% Yes votes ...... 33561 / 38.55% No votes

See Also: 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?

Summary Prepared by City Attorney:
A Proposed Amendment to the Charter of the City of Oakland to Create the City of Oakland Independent Redistricting Commission and Transferring Authority to Draw District Boundary Lines for the City Council and Oakland Unified School District from the City Council to the Commission. This measure would establish a redistricting commission ("Commission") and transfer to the Commission the Oakland City Council's authority to draw district boundaries for the City Council and Oakland Unified School District Board ("School Board").

The Commission's Redistricting Process

Every 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 Procedure

The 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.

Fiscal Impact from City Auditor:
Measure DD amends the City of Oakland (City) Charter to establish an Independent Redistricting Commission. The City Charter, Article II, Section 203, requires that the City perform a redistricting process every 10 years, starting in 1993, in order to maintain seven geographically compact, contiguous Council districts as equal as possible in population. Measure DD will establish a 13-member Independent Redistricting Commission that will be responsible for drawing the boundaries of the seven districts for the election of Councilmembers and Oakland Unified School Board of Directors. Under the Measure, redistricting will occur in 2021 and thereafter in the year following the national census, which is conducted every 10 years.

Financial Impact

The 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 $75,000
The 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

Impartial Analysis from City Attorney
Section 203 of the City Charter currently mandates that the City Council, conduct a redistricting process every ten years beginning in 1993 to determine the boundaries of the seven City Council and Oakland Unified School Board of Directors' districts. The City Council conducted the last redistricting process in 2013. Redistricting is required to form new districts composed of contiguous territory as equal as possible in population and as geographically compact as practicable. This measure would amend the City Charter to create an appointed redistricting commission ("Commission") and transfer the City Council's redistricting power to the Commission. The measure establishes eligibility requirements for Commission members, an appointment procedure and redistricting process. The appointment procedure is described in detail in the "City Attorney's Summary of the Measure".

The Commission's Redistricting Process

Like 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

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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:
  • Serve the interests of voters, rather than current office holders seeking reelection
  • Keep communities of interest together, so they can be heard by their elected officials when they have something to say
  • Respect neighborhoods and natural geographic boundaries so districts are reasonably compact and make sense to voters The new commission would begin at the start of the 2020 U.S. Census and reflect Oakland's geographic, racial, ethnic and economic diversity. It would also be free from political influence. The new redistricting process will be inclusive, transparent, and informed by Oakland residents: Anyone can follow the process and participate. Redistricting should ensure that people can elect candidates of their choice, not protect current officeholders seeking reelection. A new independent commission will achieve that. We urge you to vote "Yes" on this Independent Redistricting Commission Measure for Oakland.

s/ Libby Schaaf, Oakland City Councilmember District 4

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.
(2) CONTROLLING PERSON means an officer, director, manager, principal, or shareholder or member owning at least 10% of a legal entity.
(3) ALTERNATE means a non-voting Commissioner who may be sworn in due to any vacancy.

(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;
(2) Draw district lines according to the redistricting criteria specified in this section.
(3) Conduct itself with integrity and fairness. The Commissioner selection process is designed to produce a Commission that is independent and is reasonably representative of the geographic, racial, ethnic and economic diversity of the City of Oakland.

(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.
(2) The term of office of each Commissioner and alternate shall expire after the final district lines are adopted and no longer subject to legal challenge. In the event of a legal challenge, terms of office will terminate when appeals of such challenge have been exhausted and a final decision entered.
(3) Nine members of the Commission shall constitute a quorum. Approval of the final map requires the affirmative votes of nine Commissioners.
(4) Each Commissioner and alternate shall apply this section in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. A Commissioner shall be ineligible, for a period of ten years beginning from the date of appointment, to hold elective public office for the City of Oakland. A member of the Commission shall be ineligible, for a period of four years beginning from the date of appointment, to hold appointive public office for the City of Oakland or Oakland Unified School Board, to serve as paid staff for or as a paid consultant to Oakland City Council, or any member of the City Council or Oakland School Board, to receive a non-competitively bid contract with the City of Oakland, or to register as a lobbyist. This four year ban on having a paid consultancy or entering non-competitively bid contracts applies to the member individually and all entities for which the member is a controlling person.

(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.
(2) Districts shall comply with the federal Voting Rights Act, commencing at 42 U.S.C. Section 1971, the California Voting Rights Act, commencing at Section 14025 of the Elections Code, and any other requirement of federal or state law.
(3) Districts shall be geographically contiguous.
(4) The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding subsections. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, district boundaries shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant populations.
(6) Districts may not be drawn for the purpose of favoring or discriminating against an incumbent or political candidate.
(7) The Commission may establish and consider additional criteria that comply with the above listed criteria and the requirements of federal and state 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.
(2) If the Commission does not adopt a final plan by the dates in this section, the City Attorney for the City of Oakland shall immediately petition state court for an order prescribing the boundary lines of the districts in accordance with the redistricting criteria and requirements set forth in this Section. The plan prescribed by the court shall be used for all subsequent City Council elections until a final plan is adopted by the commission to replace it.

(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.
(2) No later than January 1, 2020, and in each year ending in the number zero (0) thereafter, the City Administrator or his or her designee shall recruit and select members for the selection panel based on criteria approved by the City Council as required by subdivision (J)(1).
(3) The City Administrator or his or her designee shall do all of the following:
(a) No later than January 1, 2020, and in each year ending in the number zero (0) thereafter, initiate and widely publicize an application process, open to all residents of Oakland who meet the requirements of subdivision (D)(1), in a manner that promotes a qualified Commissioner applicant pool that is large and reflective of the geographic, racial, ethnic and economic diversity of the City of Oakland. This process shall remain open until April 1, 2020 and in each year ending in the number zero (0) thereafter.
(b) Create a reader-friendly application available electronically and in hard copies for prospective commissioners, and seek assistance from a broad range of community-based organizations in its outreach efforts. Applicants shall attest on the application, under penalty of perjury, that the information provided is true.
(c) Ensure that the pool has at least three qualified applicants from each existing City Council district.
(d) Take all reasonable and necessary steps to ensure that the pool has the requisite numbers, diversity, and qualifications.
(4) If the pool of eligible applicants is not sufficient as outlined in the requirements of subdivision (J)(3) after 6 weeks of recruitment efforts, the City Administrator shall make additional outreach to ensure that the pool meets these requirements.
(5) Based on review of the applications, the City Administrator or his or her designee shall remove from the Commissioner applicant pool any of the following:
(a) A person with a conflict of interest, as defined in the Political Reform Act, commencing at Section 81000 of the Government Code.
(b) A person who is, on the date of application, a paid employee of City of Oakland or serving on a City of Oakland commission.
(c) A person who has been, within the five years immediately preceding the date of application a paid employee of any redistricting contractor or consultants
(d) A person who, or whose spouse, parent, child, or registered domestic partner, has been, within ten years immediately preceding the date of application, any of the following:
(i) Elected to, or a candidate for, local office.
(ii) An employee, or paid consultant or contractor to a campaign for local office.
(iii) Registered or required to be registered as a local lobbyist.
(iv) A paid employee of, a consultant to, or under contract with any elected City of Oakland Official.
(v) A principal officer of an active campaign committee domiciled in Alameda County that has made expenditure on local Oakland candidate elections.
(d) A person who has contributed 50% or more of the allowable amount to candidates for City of Oakland elective office in the last city election.
(6) No later than July 1, 2020, and in each year ending in the number zero (0) thereafter, the City of Oakland City Administrator shall review and remove individuals who are disqualified under subdivision (J)(5) from among the Commission applicants. The City Administrator shall then publicize the names of all members of the eligible applicant pool, which must contain at least 40 qualified candidates, including at least 3 applicants from each existing City Council district, by mid-July, 2020, and in each year ending in the number zero (0) thereafter, at the final July City Council meeting.
(7) From the eligible applicant pool, the screening panel shall select through an open and public process the thirty applicants most qualified to perform the duties of the Commission and who are reflective of the geographic, racial, ethnic and economic diversity of the City of Oakland, including at least two from each district. This subpool shall also be created on the basis of relevant analytical skills, ability to be impartial, and apparent ability to work together well with other potential commissioners.
(8) The City Clerk, or his or her designee, shall randomly draw at a public meeting six names from the remaining pool of applicants. These six individuals shall serve on the Commission.
(9) The six Commissioners shall review the remaining names in the pool of applicants and, from the remaining applicants in that pool, shall appoint seven applicants to the commission and two alternates. The appointed Commissioners and Alternates shall be selected in an open and public process and as the most qualified to perform the duties of the commission and reflective of the geographic, racial, ethnic and economic diversity of the City of Oakland, including at least one Commissioner from each district. The six Commissioners shall approve the additional Commissioners and alternates by at least four affirmative votes.
(10) The City Attorney and the City Administrator, or his or her designee, shall train the Commissioners prior to beginning their work. The training shall cover the open meeting requirements of the Ralph M. Brown Act.

(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.
(2) Any vacancy, whether created by removal, resignation, or absence, in the thirteen commission positions shall be filled by the Commission within 15 days after the vacancy occurs, from the two available alternates.

(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.
(2) The City of Oakland Administrator shall designate staff to support the Commission. The Commission shall approve consultants as needed following a competitive bidding process. Compensation of such persons shall be limited to the period in which the Commission is active.
(3) An employer may not threaten, intimidate or coerce an employee by reason of the employee╒s membership on the Commission.
(4) 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 an extensive 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 and Commission meetings should include a variety of hours. Public comment shall be taken for at least 14 days from the date of public display of any map.
(5) The City Council shall appropriate funds to meet the operational needs of the Commission and any outreach program to solicit broad public participation in the redistricting process of at least the amount spent in 2013 on redistricting adjusted for inflation using the Consumer Price Index. The City Council shall allocate the pro rata share of the total estimated cost beginning in year 2015 and each year ending in two (2) thereafter, in anticipation of the redistricting year.

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. In the year 1993, and every ten years thereafter, and whenever any substantial territory is annexed to or consolidated with the City, the Council shall form new districts not exceeding seven. Districts shall be composed of contiguous territory, as equal as possible in population, and as geographically compact as practicable. The Independent Redistricting Commission shall establish district boundaries in accordance with the provisions of this Article and applicable federal and state constitutional and statutory requirements. No change in the boundary of a district shall operate to exclude an incumbent from office before the expiration of the term for which he or she was elected or appointed. and be it


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