The purposes of this article are to establish a redistricting
process that is open and transparent and allows public comment on
the drawing of City council district boundaries, ensure that the district
boundaries are drawn according to the redistricting criteria set forth
in this article and applicable state and federal laws, and ensure
that the redistricting process is conducted with integrity, fairness,
and without personal or political considerations.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
"Child"
means a biological, adopted, or foster child, stepchild,
legal ward, child of a domestic partner, or a child to whom the commissioner
stands in loco parentis. This definition of a child is applicable
regardless of age or dependency status.
"Commission"
means the Roseville Independent Redistricting Commission
established by this article.
"Consultant"
means a person, whether or not compensated, retained to advise
the commission or a commission member regarding any aspect of the
redistricting process. Consultant excludes outside legal counsel.
"Federal decennial census"
means the national decennial census taken under the direction
of the United States Congress at the beginning of each decade.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. There
is hereby established the Roseville Independent Redistricting Commission.
The exclusive authority to redraw council district boundaries is vested
in the commission. Accordingly, the council shall have no role in
developing or adopting a redistricting report or a map.
B. The
commission shall:
1. Be
independent of council control.
2. Conduct
an open and transparent process enabling full public consideration
of and comment on the drawing of council district boundaries.
3. Comply
with the provisions in this article and state and federal law.
4. Conduct
itself with integrity and fairness.
C. The
commission may adopt for itself rules of procedure not in conflict
with this article or state or federal law.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
No earlier than August 1, 2021, and August 1 in each year ending
in the number one (1) thereafter, but no later than one hundred and
fifty-one (151) calendar days before the City's next regular election
occurring after March 1, 2022, and after March 1 in each year ending
in the number two (2) thereafter, the commission shall adopt a final
map establishing new council district boundaries and a final report
explaining its decision. These districts shall be used for the election
or recall of councilmembers, and for filling any councilmember vacancies.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. The
commission shall consist of eleven (11) commissioners and five (5)
alternates. Alternates may fully participate in commission deliberations
but may not vote and may not be counted towards the establishment
of a quorum. Alternates are subject to the same terms of office, qualifications,
restrictions, and standards of conduct as other commissioners under
this article.
B. At
its first meeting, the commission shall select one (1) commissioner
to serve as chair and one (1) to serve as vice chair. The commission
may designate other officers from its membership, and may establish
subcommittees and ad hoc committees. Subcommittees and ad hoc committees
shall report on their actions at the next meeting of the commission.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. Each
commissioner and alternate shall meet all of the following qualifications:
1. Be
at least eighteen (18) years of age on the date of application.
2. Been
a resident of the City for at least three (3) years immediately preceding
the date of application.
B. A person
shall not be appointed to serve on the commission if any of the following
applies:
1. If
the person or any family member of the person has been elected or
appointed to, or been a candidate for, council in the eight (8) years
preceding the person's application.
2. If
the person or the person's family member has done any of the following
in the four (4) years preceding the person's application:
a. Served as an officer of, employee of, or paid political consultant
to, a campaign committee or a candidate for council.
b. Served as a staff member or a political consultant to, or who has
contracted with, a currently serving councilmember or Placer County
supervisor.
c. Contributed five hundred dollars ($500) or more in a year to any seated councilmember or current candidate for council, as adjusted pursuant to Section
2.60.065 of the Roseville Municipal Code.
3. If
the person or the person's family member served as an officer of,
employee of, or paid consultant to, a political party or as an elected
or appointed member of a political party central committee in the
eight (8) years preceding the person's application.
4. If
the person currently serves as a staff member or a political consultant
to an elected official holding a partisan office.
5. If
the person is a paid employee of the City or a current City councilmember.
6. If
the person is a paid employee of any redistricting contractor or consultant.
C. A commissioner
shall not do any of the following:
1. While
serving on the commission, endorse, work for, volunteer for, or make
a campaign contribution to, a candidate for council.
2. Be
a candidate for council if less than five (5) years has elapsed since
the date of the member's appointment to the commission.
3. For
four (4) years commencing with the date of his or her appointment
to the commission:
a. Accept employment as a staff member of, or political consultant to,
a councilmember or candidate for council.
b. Receive a noncompetitively bid contract with the City.
4. For
two (2) years commencing with the date of his or her appointment to
the commission, accept an appointment to the council.
D. The
commission shall not be comprised entirely of members who are registered
to vote with the same political party preference.
E. If
an applicant to the Roseville Independent Redistricting Commission
currently serves on another City of Roseville board or commission,
he or she may serve on the Roseville Independent Redistricting Commission
if selected, as long as he or she agrees not to serve on another board
or commission during his or her term of office on the Roseville Independent
Redistricting Commission. Once sworn into office on the Roseville
Independent Redistricting Commission, the commissioner shall be deemed
to have forfeited their previous board or commission position.
F. Members
of the commission shall serve without compensation.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. The City clerk shall in each year ending in the number zero initiate and widely publicize an application process, open to all City residents who meet the requirements of Section
11.06, in a manner that promotes a qualified commissioner applicant pool that is large and reflective of the diversity of the City. In addition to an application, all applicants shall file a Statement of Economic Interests (Form 700) with the City clerk.
B. The
City clerk shall review each submitted application for completeness.
If the City clerk deems an application to be incomplete, the City
clerk shall notify the applicant of such and provide the applicant
an opportunity to complete the application. The submittal deadline
shall not be extended to allow correction of incomplete applications.
C. Upon close of the application submittal period, the City clerk shall review all applications and remove incomplete applications and remove individuals who are disqualified under Section
11.06 from among the commission applicants.
D. At
a time and place open to the public, and subject to at least ten (10)
calendar days public notice, the City clerk shall select the initial
eight (8) members of the commission. For purposes of selection to
the commission, the City shall be generally divided into four (4)
geographical quadrants: a northwest quadrant, a northeast quadrant,
a southeast quadrant, and a southwest quadrant. The City clerk shall
randomly select two (2) persons from each of the four (4) quadrants.
To implement this paragraph, the City clerk shall determine a randomized
method that meets professional standards and best achieves a random
selection.
E. The commissioners selected pursuant to subsection
D shall thereafter select three (3) at-large commissioners and five (5) at-large alternates from the remaining applicants. The order in which the alternates shall be seated on the commission as voting members shall be established by a random method at the time they are selected. The selection must be made at a publicly noticed meeting after the public has had the opportunity to provide written and oral comment. The commissioners shall make each selection on the basis of the applicant's relevant analytical skills, ability to comprehend and apply the applicable state and federal legal requirements, familiarity with the City's neighborhoods and communities, familiarity with the City's demographics and geography, ability to be impartial, and apparent ability to work cooperatively with other commissioners.
F. The
commission shall be fully established no later than December 1, 2020,
and thereafter no later than December 1 in each year ending in the
number zero
G. If
a commissioner resigns or is removed from the commission, the next
alternate in line shall fill the vacancy as a voting commissioner.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
The commission may remove a commissioner for substantial neglect
of duty, gross misconduct in office, or inability to discharge the
duties of office, but only after providing the subject commissioner
written notice and an opportunity for a response at a public meeting.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. The
commission shall draw its final map so that:
1. Council
districts are substantially equal in population as required by the
United States Constitution. Population equality shall be based on
the total population of residents of the City as determined by the
latest federal decennial census.
2. Council
district boundaries comply with the United States Constitution, the
California Constitution, the federal Voting Rights Act of 1965, and
any other requirement of state or federal law applicable to charter
cities.
B. The
commission shall adopt district boundaries using the following criteria
as set forth in the following order of priority:
1. To
the extent practicable, council districts shall be geographically
contiguous. Areas that meet only at the points of adjoining corners
are not contiguous. Areas that are separated by water and not connected
by a bridge, tunnel, or regular ferry service are not contiguous.
Areas that are separated by a railyard or a highway are not contiguous.
2. To
the extent practicable, the geographic integrity of any local neighborhood,
local neighborhood association boundaries, or local community of interest
shall be respected in a manner that minimizes its division. A "community
of interest" is a population that shares common social or economic
interests that should be included within a single district for purposes
of its effective and fair representation. Communities of interest
do not include relationships with political parties, incumbents, or
political candidates.
3. Council
district boundaries should be easily identifiable and understandable
by residents. To the extent practicable, council districts shall be
bounded by natural and artificial barriers, by streets, or by the
boundaries of the City.
4. Where
it does not conflict with the preceding criteria in this subdivision,
council districts shall be drawn to encourage geographical compactness
in a manner that nearby areas of population are not bypassed in favor
of more distant populations.
5. Other
commission-adopted criteria that do not conflict with the other requirements
and criteria listed in this section or with state or federal law.
C. The
commission shall not adopt council district boundaries for the purpose
of favoring or discriminating against a political party.
D. The
commission shall not consider place of residence of any individual,
including any incumbent or political candidate, in the creation of
a map.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. The
commission shall file a preliminary redistricting plan and draft map
with the City clerk, along with a written statement of findings and
reasons for adoption, which shall include the criteria employed in
the process and a full analysis and explanation of decisions made
by the commission. The City clerk shall publish the preliminary redistricting
plan and draft map at least thirty (30) calendar days prior to the
adoption of a final redistricting report and final map.
B. During
the thirty (30) calendar day period after publication, the commission
shall hold at least five (5) public hearings, including one (1) public
hearing in each existing council district.
C. After
having heard comments from the public on the preliminary redistricting
plan and draft map, the commission shall adopt a final redistricting
report and final map. A commission-adopted final redistricting report
and final map has the force and effect of law and is effective thirty
(30) calendar days after it is filed with the City clerk and shall
remain effective until the adoption of new district boundaries following
the next federal decennial census. The council may not rescind, supersede,
or revise the district boundaries adopted by the commission.
D. After
the final map is adopted, the City clerk shall number each council
district such that, for as many residents as possible, the number
of the council district they reside in remains the same.
E. The
final redistricting report and final map shall be subject to referendum
in the same manner as ordinances.
F. If
the commission does not adopt council district boundaries by the deadlines
set forth in this article, the City attorney shall immediately file
a petition in Placer County Superior Court for an order adopting council
district boundaries. The map prescribed by the court shall be used
for all subsequent council elections until a final redistricting report
and final map are adopted by the commission to replace it.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
The term of office of any councilmember who has been elected
and whose term of office has not expired shall not be affected by
any change in the boundaries of the district from which the councilmember
was elected. Accordingly, upon any redistricting pursuant to the provisions
of this article, each incumbent councilmember will continue, during
the remainder of the councilmember's term, to represent the electoral
district to which the councilmember was elected prior to such redistricting.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
If the boundaries of the City expand by the addition of new
territory, including through annexation of unincorporated territory
or consolidation with another city, the City clerk shall add that
new territory to the nearest existing council district without changing
the boundaries of other council district boundaries as prescribed
by California
Government Code Section 21623, as it now exists or may
hereafter be amended.
(Added by Measure R in the General Municipal Election
on November 3, 2020)
A. The
council shall appropriate sufficient funds to support the work of
the commission, including funds necessary to recruit commissioners,
meet the operational needs of the commission, conduct any community
outreach to solicit broad public participation in the redistricting
process, pay for City staff time associated with supporting the work
of the commission, hire any necessary consultants, and obtain any
necessary redistricting tools or resources.
B. The
City manager, City clerk, and City attorney shall assign sufficient
staff to support the commission. The City clerk or the City clerk's
designee shall serve as secretary to the commission. The City attorney
or the City attorney's designee shall serve as legal counsel to the
commission.
C. Subject
to funds appropriated to the commission, the commission may retain
consultants following the City's standard procurement processes and
the council shall approve any applicable consultant agreements. The
commission shall retain the sole authority for determining the selection
criteria for consultants.
D. The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 of the
Government Code).
(Added by Measure R in the General Municipal Election
on November 3, 2020)
Each commission established under this article shall cease operations
and dissolve on the ninety-first day following approval of a final
redistricting report and final map, unless a referendum against the
final redistricting report and final map has qualified or a lawsuit
has been filed to enjoin or invalidate the final redistricting report
and final map, in which case the commission shall continue operations
until a final redistricting report and final map is implemented by
the City. Notwithstanding the foregoing, if a lawsuit to enjoin or
invalidate a final redistricting report and final map is filed later
than the ninety-first day following approval of a final redistricting
report and final map, the commission shall automatically revive and
continue operations during the pendency of such lawsuit and until
a final redistricting report and final map is implemented by the City.
(Added by Measure R in the General Municipal Election
on November 3, 2020)