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 holiday.
(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 a 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.
(iv) Been a registered federal, state, or local lobbyist.
(v) Served as paid congressional, legislative, or Board of
Equalization staff.
(vi) Contributed two thousand dollars ($2,000) or more to any
congressional, state, or local candidate for elective public office
in any year, which shall be adjusted every 10 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
paragraph (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 the largest
political party in California based on registration, three 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. 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 six 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 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
subject 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 of 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
map.
(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, the 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.
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 holiday.
(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 a 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.
(iv) Been a registered federal, state, or local lobbyist.
(v) Served as paid congressional, legislative, or Board of
Equalization staff.
(vi) Contributed two thousand dollars ($2,000) or more to any
congressional, state, or local candidate for elective public office
in any year, which shall be adjusted every 10 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
paragraph (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 the largest
political party in California based on registration, three 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. 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 six 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 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
subject 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 of 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
map.
(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, the 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.
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 holiday.
(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 a 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.
(iv) Been a registered federal, state, or local lobbyist.
(v) Served as paid congressional, legislative, or Board of
Equalization staff.
(vi) Contributed two thousand dollars ($2,000) or more to any
congressional, state, or local candidate for elective public office
in any year, which shall be adjusted every 10 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
paragraph (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 the largest
political party in California based on registration, three 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. 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 six 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 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
subject 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 of 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
map.
(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, the 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.
