San Bernardino County Municipal Code Ch. 48 Advisory Redistricting Commission

Pursuant to the provisions of § 606 of the County of San Bernardino Charter and Chapter 9 (commencing with § 23000) of Division 21 of the California Elections Code, there is established an Advisory Redistricting Commission of the County of San Bernardino.

(Ord. 4399, passed - -2021)

(a) The Advisory Redistricting Commission shall consist of seven members and five alternate members. The Board of Supervisors shall appoint one member for each Supervisorial District, who has been recommended and nominated by the Supervisor from that district. The Board of Supervisors shall appoint one alternate member for each Supervisorial District, who has been recommended and nominated by the Supervisor from that district. Each appointment shall be approved by majority vote of the Board of Supervisors.

(b) Two members of the Advisory Redistricting Commission shall be appointed by the Presiding Judge of the Superior Court of California, County of San Bernardino. These two members may be retired judges from either the California courts or Federal courts located in California or other qualified individuals who meets the qualifications of § 12.4804. One of the two members appointed by the Presiding Judge of the Superior Court of California, County of San Bernardino shall serve as Chair of the Advisory Redistricting Commission. Should one or more of the two members appointed by the Presiding Judge of the Superior Court of California, County of San Bernardino be unable to serve on the Advisory Redistricting Commission, the Presiding Judge shall appoint an alternate member.

(Ord. 4399, passed - -2021)

(a) The term of office for a member of the Advisory Redistricting Commission shall end when the Board of Supervisors adopts a final redistricting plan and any legal or administrative challenges to the Board of Supervisors adopted final redistricting plan are resolved.

(b) A new Advisory Redistricting Commission shall be appointed whenever the Supervisorial District boundaries must be redrawn by the Board of Supervisors.

(Ord. 4399, passed - -2021)

(a) A person shall not be appointed to serve on the Advisory Redistricting Commission if the person is an elected County official or a family member, staff member, or paid campaign staff of an elected County official. Family member means a spouse, parent, sibling, child, or in-law. Spouse means a spouse or registered domestic partner.

(b) Except for the retired judges, a member of the Advisory Redistricting Commission must be a registered voter of the County.

(c) Except for the retired judges, a person shall not be appointed to serve on the Advisory Redistricting Commission if any of the following applies:

(1) The person has served as a staff member of an elected official in the past four years.

(2) The person has served in an elected office or been a candidate for an elected office in the past four years.

(3) The person has served as a member of a political party central committee in the past four years.

(4) The person has contributed over $500.00 per year to any candidate for elected office in the past four years.

(d) For the purposes of this Section, ELECTED OFFICIAL or ELECTED OFFICE is defined as an official of or elected office of any district within the County or is an office of the County, or a city, school district, community college district or special district within the County.

(Ord. 4399, passed - -2021)

The officers of the Advisory Redistricting Commission shall be a Chairperson and Vice-Chairperson. The Chairperson shall be one of the two individuals on the Advisory Redistricting Commission selected by the Presiding Judge of the Superior Court of California, County of San Bernardino. The Vice-Chairperson shall be elected by the members of the Advisory Redistricting Commission.

(Ord. 4399, passed - -2021)

(a) Members and alternates of the Advisory Redistricting Commission shall receive a stipend of $100.00 per meeting attended.

(b) Except as otherwise provided by Federal, State or local regulations, Advisory Redistricting Commission members and alternates shall be reimbursed for private automobile mileage incurred in attending all meetings at the Internal Revenue Service allowable mileage reimbursement rate. All travel that is 20 miles or less round trip from a member's home shall not be reimbursed. If the round trip exceeds 20 miles, then all mileage is reimbursable as provided herein.

(Ord. 4399, passed - -2021)

(a) The Advisory Redistricting Commission shall hold its first meeting in May 2021. The meetings of the Advisory Redistricting Commission shall be public meetings. The meetings may be held in a virtual format, in person, or a combination of virtual and in person, as allowed by the Ralph M. Brown Act and State law.

(b) Alternate members of the Advisory Redistricting Commission shall attend all meetings of the Advisory Redistricting Commission unless excused for good cause.

(Ord. 4399, passed - -2021)

(a) Each member of the Advisory Redistricting Commission shall be a designated individual in the County's Conflict of Interest Code for the Advisory Redistricting Commission pursuant to Article 3 (commencing with § 87300) of Chapter 7 of Title 9 of the Government Code.

(b) The Advisory Redistricting Commission is subject to the Ralph M. Brown Act (Government Code §§ 54950, et seq.) and the California Public Records Act (Government Code §§ 6250, et seq.).

(Ord. 4399, passed - -2021)

(a) The Advisory Redistricting Commission shall complete all of its duties in compliance with all State deadlines and in sufficient time for the Board of Supervisors to meet all State deadlines.

(b) The Advisory Redistricting Commission shall recommend to the Board of Supervisors a minimum of two possible maps containing the boundaries for all of the Supervisorial Districts.

(c) The Advisory Redistricting Commission shall follow all criteria set forth in State law.

(d) The recommended Supervisorial District boundaries shall comply with the United States Constitution, the California Constitution, the Federal Voting Rights Act of 1965 and California law.

(e) The recommended Supervisorial District boundaries shall use the Supervisorial District boundaries criteria set forth in State law, including Elections Code § 21500, Subdivision (c).

(f) The Advisory Redistricting Commission shall not adopt a recommendation for the purpose of favoring or discriminating against a political party or an incumbent or political candidate.

(Ord. 4399, passed - -2021)

The Board of Supervisors may remove a member of the Advisory Redistricting Commission for good cause. Good cause is defined as a violation of any of the requirements of this Chapter or failure to attend two meetings of the Advisory Redistricting Commission without good cause.

(Ord. 4399, passed - -2021)