Pomona Municipal Code Art. II Boundaries of City and Council Districts

The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, but said boundaries may be changed in the manner prescribed by applicable Federal and State law.

The City is hereby divided into six (6) Council districts, to be defined as set forth in this Article.

(a) The exclusive authority to redraw Council district boundaries is vested in the Pomona Independent Redistricting Commission.

(b) The Commission shall:

(1) Be independent of Mayor and City 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

(4) Conduct itself with integrity and fairness.

(c) The Commission may:

(1) Adopt for itself rules of procedure not in conflict with this article; and

(2) Adopt rules and regulations for the interpretation and implementation of this article.

(a) Within one year of census-block-level population data from a regular United States decennial census being made available to the public the Commission shall adopt a final map establishing new Council district boundaries and a final report explaining its decision. The final map shall include a precise map and written description of the boundaries of each Council district, as well as the future sequencing of Council elections to implement the final map. In the final report, the Commission shall explain the rationale for the Council district boundaries, including, at a minimum, an explanation of how the final map complies with the redistricting requirements and criteria in Section 208 of this article and a reasonable justification for any Council district boundary that does not comply with any redistricting criterion.

(b) A Commission-adopted final map has the force and effect of law and is effective immediately upon adoption, unless on the date of adoption there are less than one hundred eighty (180) days until the next City election, in which case the final map shall not go into effect until after that election and after any applicable run-off election following that election.

(c) If the Commission does not adopt a final map by the deadline in subsection (a), the City Attorney shall petition the Superior Court for an order prescribing new Council district boundaries in accordance with the redistricting criteria and requirements set forth in Section 208 and Elections Code section 21629.

(d) The Commission shall review and, if required by law, redraw Council district boundaries once per decade as provided in subsection (a), unless the Commission is reconvened by a vote of two-thirds of the City Council to address significant population changes, legal challenges, or other issues, or is ordered to do so by a court.

(e) Any territory that is annexed, consolidated, or otherwise attached to the City shall be allocated to a Council district pursuant to this subsection, effective upon the completion of such annexation, consolidation, or other proceedings. The City Clerk shall update the final map accordingly.

(1) If the territory's boundary is contiguous to the boundary of not more than one Council district, the territory shall be allocated to that Council district.

(2) If the territory's boundary is contiguous to the boundaries of two or more Council districts, the territory shall be allocated to the Council district with which it shares the longest boundary.

(3) If the territory's boundary is not contiguous with the boundary of any Council district, the territory shall be allocated to the closest Council district.

(a) The Commission shall consist of 6 commissioners and 6 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. Members of the Commission, including alternates, shall serve without compensation.

(b) The term of office of each commissioner begins on or about February 1 of each year ending in one and expires on the same date of the next year ending in one. Sixty (60) days after a final map has been adopted, the Commission shall cease to meet, unless reconvened by order of a court of competent jurisdiction, or by the City Attorney to consider settlement options if the final map is legally challenged or by the City Council as provided by Section 204(d) above.

(c) Four (4) commissioners constitute a quorum. The removal of a commissioner or alternate pursuant to Section 207(g); the approval of additional redistricting criteria; and the approval of a proposed final map, final map, and final report require the affirmative votes of four (4) commissioners. All other Commission actions require the affirmative vote of a majority of commissioners present.

(d) At its first meeting, the Commission shall select one commissioner to serve as Chair and one to serve as Vice Chair. The Commission may designate other officers from its membership, and may establish subcommittees.

(a) Each commissioner must be a registered voter of the City and must either:

(1) Have voted in a City election immediately preceding his or her application to be on the Commission; or

(2) Have been a resident of the City for at least two (2) years immediately preceding his or her application to be on the Commission.

(b) The persons identified in California Elections Code Section 23000(c) and (d) or successor statute, are not eligible to be a commissioner.

(c) Commissioners appointed under this article shall not engage in any of the activities identified in California Elections Code Section 23000(e), or successor statute.

(d) If a redistricting commissioner is currently serving on another City board or commission, he or she must resign from that board or commission before commencing service with the Redistricting Commission.

(a) The City Clerk shall initiate and publicize the application process to serve on the Commission. Applicants shall attest on the application, under penalty of perjury, that the information provided in the application is true.

(b) The City Clerk shall, on or about October 1 in each year ending in the number zero, initiate and widely publicize an application process, open to all City registered voters who meet the requirements of Section 206, in a manner that promotes a qualified commissioner applicant pool that is large and reflective of the diversity of the City. This process shall remain open a minimum of 60 calendar days.

(c) On or about December 15 of each year ending in the number zero, the City Clerk shall forward any applications received to a screening panel. For purposes of this section, "screening panel" means:

(1) The City's Ethics Commission, if that Commission is established by ordinance or under this Charter; or

(2) If an ethics commission matching the description in paragraph (1) does not exist, a panel of three individuals consisting of the following:

(A) one (1) retired judge in good standing who previously served in a California State Court or Federal Court located in California. The retired judge need not be a resident or registered voter of Pomona. The retired judge shall serve as Chair of the screening panel;

(B) one (1) law, government, political science or public policy professor currently teaching full time or retired from teaching full time at an accredited college or university in California. The professor need not be a resident or registered voter of Pomona; and

(C) one (1) Pomona resident with demonstrated experience in local civic activism and/or community service.

The screening panelists shall be selected by the City Attorney and the City Clerk, based upon the qualifications and experience of each applicant panelist, from a pool of qualified applicants by no later than December 1 of each year ending in the number zero. Panelists shall meet the same qualifications required of commissioners in Section 206, except that the retired judge and professor need not be a resident or registered voter of the City. The City Attorney and City Clerk shall recruit a pool of applicants to serve on the screening panel and the applicants shall be reviewed by City staff beforehand to ensure they meet the qualifications herein.

(d) From the eligible commissioner applicant pool, the screening panel shall, no later than February 1 in each year ending in the number one, select six (6) commissioners - one from each Council district to the extent practicable - and these six (6) individuals shall serve as the Commission. The screening panel, exercising its independent judgment, shall make these selections, by majority vote, at a publicly noticed meeting after the public has had the opportunity to provide written and oral comment. The screening panel may ask additional questions of commissioner applicants at that meeting. The screening panel shall make each selection on the basis of the applicant's meeting the requirements of Section 206, relevant analytical skills, familiarity with the city's neighborhoods and communities, ability to be impartial, and apparent ability to work cooperatively with other potential commissioners. The Commission members should reasonably reflect the City's diversity; provided that, other than the requirement of geographic diversity in this section, no quotas, formulas, or ratios may be applied for this purpose. The Commission shall not be comprised entirely of commissioners who are registered to vote with the same political party preference.

(e) At the same public meeting as commissioners are selected, the screening panel shall also select six (6) alternates from the remaining applicants to serve on the Commission in the event of a vacancy. Each selection requires a majority vote of the screening panel. Using the selection criteria set forth in subsection (d) above, the screening panel shall rank the six (6) alternates in order of preference to replace a commissioner in the event of a vacancy, provided that alternates need not be selected one from each Council district.

(f) The Commission shall be fully established on or about February 1 in each year ending in the number one. To meet this deadline, the City Clerk may establish other deadlines for the commissioner application and selection process described in this section.

(g) 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.

(h) If a commissioner resigns or is removed from the Commission, an alternate shall replace that commissioner as follows:

(1) If only one alternate represents the Council district of the resigning or removed commissioner, that alternate shall fill the vacancy as a voting commissioner, regardless of how he or she was ranked by the screening panel;

(2) If more than one alternate represents the Council district of the resigning or removed commissioner, the alternate representing that district with the highest screening panel ranking shall fill the vacancy as a voting commissioner; or

(3) If none of the alternates represents the Council district of the resigning or removed commissioner, the alternate with the highest screening panel ranking shall fill the vacancy as a voting commissioner.

(i) For purposes of this section, "diversity" includes, but is not limited to, racial, ethnic, gender, and sexual orientation diversity.

(a) The Commission shall draw its final map so that:

(1) Council districts are substantially equal in population as required by the U.S. Constitution, as based on the total population of residents of the City as determined pursuant to California Elections Code section 21621, or successor statute; and

(2) The final map complies with the U.S. Constitution; the Federal Voting Rights Act, the California Constitution; and any other requirement of federal or state law applicable to charter cities.

(b) In addition to following the requirements of subsection (a), the Commission shall consider the following criteria when drawing the final map, in 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;

(2) To the extent practicable, the geographic integrity of any local neighborhood 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, cultural 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) To the extent practicable, and where it does not conflict with the preceding criteria, 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) Geography and topography - Districts should respect major topographic and geographic features of the City;

(6) All district lines should correspond to census blocks in order to preserve the validity of data and avoid arbitrary boundaries; and

(7) District numbering and election sequencing should remain constant for as many voters as possible.

(8) Other Commission-adopted criteria that do not conflict with the other requirements and criteria listed in this section.

(c) Council district boundaries shall not be drawn for the purpose of favoring or discriminating against a political party.

(d) The Commission shall number each Council district such that, for as many residents as practicable, the number of the Council district they reside in remains the same.

(e) The Commission shall not consider place of residence of any individual, including any incumbent or political candidate, in the creation of a map.

(f) This Section 208 constitutes the comprehensive and exclusive criteria by which the Commission shall evaluate and approve Council district maps under this article.

(a) The Commission shall establish and implement an open meeting process for public input and deliberation that is promoted through an outreach program to solicit broad public participation in the redistricting process. Except as set forth herein, the Commission shall comply with the Ralph M. Brown Act and all other applicable State and City requirements for open meetings.

(b) On or about March 1 in each year ending in the number one, the services of a duly certified demographer/redistricting consultant shall be retained through standard City procurement processes. The demographer/consultant shall review and analyze the City's population data contained in the most recent United States decennial census and shall prepare one or more draft electoral district maps for the Commission's consideration which are in compliance with applicable Federal and State law for the drawing of such maps.

(c) Prior to adopting a final map, the Commission shall hold those public hearings, provide notice of such hearings, and solicit, record, and publicize public comment from those hearings in accordance with California Elections Code 21628 or successor statute. At least one public hearing shall be a joint public hearing with the City Council as set forth in subsection (d) below.

(d) A final map may not be adopted by the Commission unless and until:

(1) a proposed final map with substantially similar Council district boundaries has been adopted at least seven days earlier at a prior public hearing;

(2) a proposed final map has been published on the City's Internet website for at least seven (7) days and made available to the public for at least seven (7) days prior to final adoption; provided that if there are fewer than 28 days until the City's deadline to adopt a map, the proposed final map may instead be published on the City's Internet website for at least three (3) days; and

(3) The Commission has held at least one joint public hearing with the City Council, at which- time it shall submit the proposed final map to the City Council for its consideration. The joint public hearing may be included as part of the fourth required public hearing set forth in subsection (c).

(A) The City Council may not alter the proposed final map submitted to it by the Commission, but shall either approve or disapprove the proposed final map in its entirety.

(B) If the Council approves the proposed final map, it shall become the final map of the City and shall be implemented upon final vote of the Commission.

(C) If the City Council disapproves the proposed final map, the City Council shall outline the reasons for such disapproval, including any deviations from the criteria for redistricting set forth in this article. The Commission shall consider any reasons for such disapproval submitted to it by the City Council and may consider alterations to the proposed final map in response to such reasons. After such consideration, the Commission may adopt a final map adopting such alterations, adopting such alterations with amendments, or rejecting such alterations. However, if the Commission, in response to City Council comments, proposes to substantially alter the proposed final map, it shall conduct another public hearing to consider the altered final map and shall publish the altered final map as required by paragraphs (d)(1) and (2) above prior to taking final action on the altered final map. Once the Commission approves the final map, it shall become the final map of the City and shall be implemented.

(e) The City shall establish and maintain an Internet web page as required by California Elections Code 21628(g) or successor statute.

(a) The City Council shall appropriate sufficient funds to recruit commissioners, hire a demographer, meet the operational needs of the Commission, and conduct any outreach program to solicit broad public participation in the redistricting process.

(b) Within sixty (60) days after the adoption of a final map, the Commission shall transmit a report to the Mayor and City Council recommending any changes, including amendments to this article that could improve the redistricting process in future years. The City Council may, by two-thirds vote, adopt an ordinance changing the time limits and deadlines imposed by this article that are specifically recommended by the Commission."