Archives: FAQs

Could this process force the City to do a 2018 election under any scenario?

Staff is not aware of any circumstance that would require the City to hold an election for City Council in 2018.

Do we need to collapse the 2020 and 2022 elections? How does it work when only three of the 5 positions are up in 2020?

No. The seats just rotate in. Each current member of the Council serves out the rest of the term to which he or she was elected, and then must run for re-election in the districts. It potentially gets a little more complicated if two councilmembers are paired in a single district, but everybody still serves … Continued

If the City is sued, could the City appeal to the judge to give us a five year period to come into compliance and demonstrate increased diversity on the Council?

Once a lawsuit is filed under the CVRA, we do not believe there is any authority for a judge to stay the case for five years; even if a judge is willing to approve a five-year transition period, it seems unlikely that this would be a basis for refusing to award the plaintiffs their attorney’s … Continued

How does the timing of the City’s decision play into likely outcomes?

If the City transitions to district-based elections within the timeline established by the CVRA, the City will be liable for the attorney’s fees of the potential plaintiffs, capped at $30,000. If the City chooses not to make the transition within that timeline but does so after being sued, it is possible that the City will … Continued

Under what circumstances would a vote of the people be required when setting up districts and at-large versus rotating Mayor?

Article IV, Section 2 of the Charter provides that “all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided by law.” Thus, Staff has concluded that under this provision, a vote of the people is not required to change to district-based elections for the four … Continued

Assuming the City moves to district elections and set the districts in 2018, what districts will be open in the next election in 2020? For example, if the Mayor and two Councilmembers are up for reelection in 2020, will it be the districts the two incumbents are in that get to vote? What if there is another district with no Councilmembers currently living there? If the Mayor runs for re-election and he lives in a district that has no Councilmember, is that district Councilmember seat up for election as well?

Is the City considering forming a citizens committee to look at the issue?

Given the very strict timelines that the Legislature has imposed for this process under the CVRA, and the substantial number of hearings that must be had in a short time, a citizen commission is impractical at this point. Nothing would prevent the Council from appointing such a committee in 2021, when lines are redrawn following … Continued

What made the City decide to take proactive action on district elections rather than just wait for pressure from the various groups? What does the City hope to accomplish?

The City began to do research, hired outside counsel, and started to schedule public hearings on the issue of district-based elections when it learned of the impending receipt of Mr. Shenkman’s letter. The City hopes to provide an opportunity for all interested persons to provide input to the City Council on the issue of district-based … Continued

Where can I find legal resources in Marin County?

The County of Marin has a page dedicated to providing useful information about different legal resource organizations. Check them out at the County’s website.

Did the City receive a letter from attorney Kevin Shenkman?

Yes, Kevin Shenkman’s letter dated November 10, 2017, addressed to the City Clerk was received by her on November 20, 2017.