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County elections policy spurs legal threat
April 03, 2010, 03:41 AM By Jon Mays Daily Journal staff

A civil rights organization is threatening legal action against San Mateo County for the way it elects its supervisors in the midst of a charter review process weighing such a change.

The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area fired off a letter to Rich Gordon, president of the San Mateo County Board of Supervisors, this week urging the county to change its current at-large system for electing its members to district elections to make it more equitable to minorities. San Mateo County is the only county in the state that uses such an at-large system.

“It is our belief that San Mateo’s at-large system dilutes the ability of minority residents ... to elect candidates of their choice or otherwise influence the outcome of a Board of Supervisors election,” according to the letter signed Robert Rubin, the group’s legal director.

The group, known for its staunch support of the Voting Rights Act of 2001, has sued other governmental agencies in the past and though the city of Modesto challenged a recent lawsuit, it ultimately failed, costing the city $3 million in legal fees,  according to a January article in the Los Angeles Times.

The letter comes as the county’s Charter Review Committee is discussing changes to the county charter with recommendations slated to come before the board in mid-summer. Any proposed changes would have to be placed by the board on the November ballot.

The committee can consider any allowable changes to the charter but must include the 2008-09 civil grand jury’s report on how to fill unexpired terms of office.

So far, the committee has had discussions on the Board of Supervisors’ policy of either electing or appointing replacements to the board, a topic that sparked interest after the board majority appointed Carole Groom to Jerry Hill’s seat when Hill was elected to the state Assembly. Despite calls for a special election, the board said it would be too expensive and decided on appointment. The board has had a history of uncontested elections and appointments, an issue with which the Lawyers’ Committee for Civil Rights pointed to as well. The county is considered to be one of the more ethnically diverse in California yet its board leadership does not necessarily reflect that, according to the letter.

“According to recent data, the overall percentage of minority citizen voting age residents, we believe that the county’s use of an at-large election system dilutes the vote of minority residents,” according to the letter.

In an at-large election system, board members are voted on by the entire area it represents. In San Mateo County, members of the Board of Supervisors must live in the district they represent, but the entire county votes for them. This has meant that those interested in running for a seat must campaign in the entire county which places a fundraising burden on candidates. In a district system, only those living in a particular district can vote for their representative on the board.

The Lawyers’ Committee for Civil Rights asked for a county response by April 30. Gordon did not return a call for comment.

Dave Pine, a member of the Charter Review Committee who has pushed for changes to how the board fills unexpired terms, said the current system minimizes the probability of diversity on the Board of Supervisors.

“It’s a major factor for the committee to consider,” Pine said. “We don’t have a lot of elections and that means the county government is not visible. It doesn’t reflect the diversity of the county ... which disenfranchises people and makes them feel it’s out of their control.”

The Charter Review Committee is made up of 17 appointed members. It will meet 5:30 p.m., April 7 at the San Mateo Main Library, Oak Room, 55 W. Third Ave. in San Mateo.


Jon Mays can be reached at jon@smdailyjournal.com or by phone: (650) 344-5200 ext. 107.


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