Changes are coming to the Tustin Unified school board elections beginning in 2018.
Trustees on Monday voted 4-1 in favor of a proposal to elect board members by area rather than at-large. Lynn Davis, who is up for re-election in 2018, cast the dissenting vote.
Historically, all five members of the school board have been chosen district-wide for four-year terms. With elections staggered every two years, voters select from a panel of candidates to fill anywhere from two to three available seats.
However, at-large elections for city councils, school boards, community college districts and other governing bodies have become a bone of contention. Civil rights advocates say the method violates the California Voting Rights Act of 2001 by diluting the votes of minorities — creating lopsided representation.
“It’s the right decision,” Superintendent Gregory Franklin said in an interview Tuesday. “Clearly, the state wants districts to move to by-trustee areas.”
Prior to the next school board election in November 2018, Tustin Unified will be divided into five areas, each of which will be represented by one trustee who lives in the precinct.
Malibu attorney Kevin Shenkman, who has made the issue his cause in cities throughout Southern California, wrote Tustin Unified a letter dated April 5 demanding by-area elections.
“TUSD appears to have never elected a Latino board member,” Shenkman said in the letter, adding that Latinos comprise almost one-third of the district’s population.
“We urge TUSD to voluntarily change its at-large system,” the letter concludes. “Otherwise, on behalf of residents within the jurisdiction, we will be forced to seek judicial relief.”
TUSD had 45 days to respond to the letter after receiving it. Monday’s vote almost certainly ended the threat of litigation, officials said.
The resolution states that “trustee-area boundary lines shall be developed based on the federal 2010 Census data.”
Shenkman began his battle against at-large elections with Palmdale in 2012. Although half of the city’s population is Latino, a Latino had never served on the city council.
Palmdale fought back in court and lost — to the tune of $7 million, including $4.6 million in reimbursement fees to Shenkman — a victory he pointed out in his letter to TUSD. After Palmdale transitioned to by-district elections, a Latino won a seat in 2016.
Since that ruling, most city entities approached by Shenkman have fended off lawsuits by swiftly conceding to by-precinct elections — including in Buena Park, Costa Mesa, San Juan Capistrano and Garden Grove.
Earlier this year, the Newport-Mesa Unified School District voted to implement by-area elections in response to a demand letter from Shenkman.
In general, a city or school district that complies with a demand letter must reimburse its author up to $30,000, Shenkman said. His expenses include the cost of a “racially polarized voting study” analyzing demographics and election patterns.
“It’s no big pay day for me, but I’m OK with that,” Shenkman said.
TUSD now has 90 days to draw a map and adopt it. At least one public hearing will be scheduled for input on draft proposals before the boundary lines are approved, according to the resolution.
Two TUSD board members are up for reelection in 2018: Davis, who lives in unincorporated North Tustin, and Jonathan Abelove, who lives near Tustin Ranch.
The other three trustees, reelected in 2016, will complete their terms before facing the new election process in 2020. They are James Laird and Francine Scinto, both of North Tustin, and Tammie Bullard of central Tustin.
“It’s hard to say how this change will affect school district operations,” Franklin said. “Already, we are performing so well and we are looking out for every student. But it’s good to be in compliance with California law.”
