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220325 1129 FW_ OC RegisterFrom:Matt Burton To:Jason Machado Subject:FW: OC Register Date:Friday, March 25, 2022 11:29:08 AM Attachments:Cypress council casts closed-session vote to battle push for district elections – Orange County Register.pdf 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/1/8 By By SUSAN CHRISTIAN GOULDINGSUSAN CHRISTIAN GOULDING | | sgoulding@scng.comsgoulding@scng.com | Orange | Orange County RegisterCounty Register PUBLISHED: PUBLISHED: March 24, 2022 at 7:00 a.m.March 24, 2022 at 7:00 a.m. | UPDATED: | UPDATED: March 24, 2022 at 7:01 a.m.March 24, 2022 at 7:01 a.m. The Cypress City Council during a meeting in Cypress on Monday, February 14, 2022.The Cypress City Council during a meeting in Cypress on Monday, February 14, 2022. (Photo by Leonard Ortiz, Orange County Register/SCNG)(Photo by Leonard Ortiz, Orange County Register/SCNG) LOCAL NEWSLOCAL NEWS Cypress council casts closed-Cypress council casts closed- session vote to battle push forsession vote to battle push for district electionsdistrict elections Legal experts and other city officials question theLegal experts and other city officials question the council's move to vote behind closed doors. Other citiescouncil's move to vote behind closed doors. Other cities have lost millions in battles against district elections.have lost millions in battles against district elections. • • NewsNews 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/2/8 At the start of the city’s March 14 council meeting, Cypress City Attorney FredAt the start of the city’s March 14 council meeting, Cypress City Attorney Fred Galante made a surprise announcement.Galante made a surprise announcement. Moments before, in closed session, council members voted 4-1 to ignore a legalMoments before, in closed session, council members voted 4-1 to ignore a legal demand that the town transition away from at-large elections.demand that the town transition away from at-large elections. Rather than divide into political districts to avoid an expensive lawsuit – a moveRather than divide into political districts to avoid an expensive lawsuit – a move most cities in Orange County have made when faced with the same choice –most cities in Orange County have made when faced with the same choice – Galante said Cypress wants to keep its citywide voting process.Galante said Cypress wants to keep its citywide voting process. “The Council directed the City Attorney to respond to attorney (Kevin)“The Council directed the City Attorney to respond to attorney (Kevin) Shenkman’s letter expressing that Cypress does not plan to change to by-districtShenkman’s letter expressing that Cypress does not plan to change to by-district elections at this time,” Galante said.elections at this time,” Galante said. Residents who came to the meeting to weigh in on the matter were left withResidents who came to the meeting to weigh in on the matter were left with commenting on a done deal.commenting on a done deal. “I’m a little taken aback,” said resident Katie Shapiro. “I didn’t realize this was“I’m a little taken aback,” said resident Katie Shapiro. “I didn’t realize this was going to a vote tonight. Once again, this is indicative of the lack of transparencygoing to a vote tonight. Once again, this is indicative of the lack of transparency on our city council’s part.”on our city council’s part.” Because the vote was taken behind closed doors, council members did notBecause the vote was taken behind closed doors, council members did not discuss their decision during the regular meeting.discuss their decision during the regular meeting. Cypress Mayor Paul Morales during a Cypress city council meeting in Cypress onCypress Mayor Paul Morales during a Cypress city council meeting in Cypress on Monday, February 14, 2022. (Photo by Leonard Ortiz, Orange County Register/SCNG)Monday, February 14, 2022. (Photo by Leonard Ortiz, Orange County Register/SCNG) 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/3/8 Was the vote legal? Was the vote legal?  Financial risk Financial risk  But in an interview afterward, Cypress Mayor Paulo Morales defended theBut in an interview afterward, Cypress Mayor Paulo Morales defended the closed-session vote.closed-session vote. “It’s frustrating to hear that we supposedly are making top-secret decisions,”“It’s frustrating to hear that we supposedly are making top-secret decisions,” Morales said. “We held public forums and considered the facts. It ’s just that theMorales said. “We held public forums and considered the facts. It’s just that the vote was in closed session. That’s all.”vote was in closed session. That’s all.” Experts in municipal law, as well as leaders in other cities, said the behind-Experts in municipal law, as well as leaders in other cities, said the behind- closed-doors vote was inappropriate and, perhaps, illegal.closed-doors vote was inappropriate and, perhaps, illegal. “Legislative bodies do have certain limited rights to go into closed session to get“Legislative bodies do have certain limited rights to go into closed session to get legal advice,” said David Loy, legal director for government watchdog Firstlegal advice,” said David Loy, legal director for government watchdog First Amendment Coalition. “But that does not mean they can make the ultimateAmendment Coalition. “But that does not mean they can make the ultimate policy decision in closed session. Otherwise, you could make just about everypolicy decision in closed session. Otherwise, you could make just about every decision in closed session because just about everything a city does can get themdecision in closed session because just about everything a city does can get them sued.”sued.” California’s Brown Act – or “Sunshine Law” – requires local governance to beCalifornia’s Brown Act – or “Sunshine Law” – requires local governance to be conducted in plain view.conducted in plain view. “Exceptions to transparency must be narrowly construed,” Loy said. “The public“Exceptions to transparency must be narrowly construed,” Loy said. “The public has the right to participate, to make comments before the vote, and to hear thehas the right to participate, to make comments before the vote, and to hear the opinions of their city council members.”opinions of their city council members.” The sudden closed-session vote came six months after what began as a ratherThe sudden closed-session vote came six months after what began as a rather common occurrence. common occurrence. Like a dozen Orange County cities before it, CypressLike a dozen Orange County cities before it, Cypress received a letter from prolific Malibu attorney Kevin Shenkman claiming that thereceived a letter from prolific Malibu attorney Kevin Shenkman claiming that the city’s at-large voting system violates the California Voting Rights Act (CVRA) bycity’s at-large voting system violates the California Voting Rights Act (CVRA) by diluting the voice of minorities.diluting the voice of minorities. According to the 2020 Census, the racial and ethnic breakdown of CypressAccording to the 2020 Census, the racial and ethnic breakdown of Cypress includes 37% non-Hispanic White, 36.8% Asian and 18.7% who identify asincludes 37% non-Hispanic White, 36.8% Asian and 18.7% who identify as Hispanic or Latino. None of the city’s council members are Asian-American.Hispanic or Latino. None of the city’s council members are Asian-American. In his missive, written on behalf of a Latino civil rights group, Shenkman notesIn his missive, written on behalf of a Latino civil rights group, Shenkman notes that although Asians comprise one third of the Cypress’ population, they arethat although Asians comprise one third of the Cypress’ population, they are routinely unrepresented on the City Council.routinely unrepresented on the City Council. 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/4/8 Fighting claims involving the California Voting Rights Act has proved costly andFighting claims involving the California Voting Rights Act has proved costly and fruitless for those that try. For instance, Anaheim spent $1.1 million andfruitless for those that try. For instance, Anaheim spent $1.1 million and Palmdale $4.7 million before eventually conceding to district-style elections.Palmdale $4.7 million before eventually conceding to district-style elections. It’s also true that in many cities people of color have been historicallyIt’s also true that in many cities people of color have been historically underrepresented in city politics.underrepresented in city politics. So most cities switch to precincts rather than face off in court. And most citySo most cities switch to precincts rather than face off in court. And most city councils vote on the issue in public meetings, not in closed sessions.councils vote on the issue in public meetings, not in closed sessions. In 2018, small Los Alamitos agreed to carve out districts – each comprised of onlyIn 2018, small Los Alamitos agreed to carve out districts – each comprised of only about 2,200 residents.about 2,200 residents. “When we got the letter, we looked at other cities and we didn’t see anybody who“When we got the letter, we looked at other cities and we didn’t see anybody who fought and won,” said Los Alamitos Mayor Shelley Hasselbrink. “I would love tofought and won,” said Los Alamitos Mayor Shelley Hasselbrink. “I would love to stick it to Shenkman, but at what cost?”stick it to Shenkman, but at what cost?” Hasselbrink said she was surprised by the Cypress council’s vote to dismiss theHasselbrink said she was surprised by the Cypress council’s vote to dismiss the dreaded letter.dreaded letter. “Because the Cypress council members did this all in closed session, nobody“Because the Cypress council members did this all in closed session, nobody understands their thought process. Why, exactly, did they believe they couldunderstands their thought process. Why, exactly, did they believe they could avoid a lawsuit?” Hasselbrink said.avoid a lawsuit?” Hasselbrink said. Last August, Tustin, too, voted to ditch at-large elections. Last August, Tustin, too, voted to ditch at-large elections. In Tustin’s case, theIn Tustin’s case, the request came in a letter from the Mexican American Legal Defense andrequest came in a letter from the Mexican American Legal Defense and Educational Fund.The group noted that even though 29% of Tustin residentsEducational Fund.The group noted that even though 29% of Tustin residents identified as Latino, only one Latino had been elected to city council over theidentified as Latino, only one Latino had been elected to city council over the previous 20 years.previous 20 years. “We looked at institutional information to see if we could come up with a counter“We looked at institutional information to see if we could come up with a counter argument and found that history was not in our favor,” said Tustin councilwomanargument and found that history was not in our favor,” said Tustin councilwoman Letitia Clark, who was then the city’s mayor. “We determined that fighting thisLetitia Clark, who was then the city’s mayor. “We determined that fighting this would not be a smart way to spend taxpayer dollars.”would not be a smart way to spend taxpayer dollars.” Clark likewise wondered why Cypress voted on this issue in private.Clark likewise wondered why Cypress voted on this issue in private. “Obviously, litigation can be discussed in closed session,” she said. “But it’s“Obviously, litigation can be discussed in closed session,” she said. “But it’s absolutely the best practice to have the vote in open session. This is somethingabsolutely the best practice to have the vote in open session. This is something that literally impacts every voter.”that literally impacts every voter.” Cypress took a different approach from sister cities in another way, as well –Cypress took a different approach from sister cities in another way, as well – paying a consultant $40,000 to organize public forums in advance of a councilpaying a consultant $40,000 to organize public forums in advance of a council vote.vote. 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/5/8 Survey, workshopsSurvey, workshops Typically, cities foot the bill for public workshops Typically, cities foot the bill for public workshops after after agreeing to implementagreeing to implement voting districts. The legally required seminars allow residents to assess severalvoting districts. The legally required seminars allow residents to assess several potential maps drawn by demographers to create balanced representation.potential maps drawn by demographers to create balanced representation. “We wanted to educate the community and get their input,” Mayor Morales said“We wanted to educate the community and get their input,” Mayor Morales said about the Cypress forums.about the Cypress forums. The city hired Communications LAB consulting firm, headed by Orange CityThe city hired Communications LAB consulting firm, headed by Orange City Councilwoman Arianna Barrios, to create a questionnaire asking residents howCouncilwoman Arianna Barrios, to create a questionnaire asking residents how they feel about district voting. But the results of that survey were not publishedthey feel about district voting. But the results of that survey were not published until after the council’s vote.until after the council’s vote. When speakers at last week’s meeting complained that they had not seen theWhen speakers at last week’s meeting complained that they had not seen the data yet, City Manager Peter Grant said his staff experienced technologicaldata yet, City Manager Peter Grant said his staff experienced technological glitches trying to post the survey online.glitches trying to post the survey online. The city, with a population of about 50,000 people, had “disappointingly, onlyThe city, with a population of about 50,000 people, had “disappointingly, only about residents 150 respond” to the survey, Grant said, adding that about 10%about residents 150 respond” to the survey, Grant said, adding that about 10% more respondents favored at-large elections over districts.more respondents favored at-large elections over districts. Cypress City Manager Peter Grant, left, during a Cypress city council meeting in CypressCypress City Manager Peter Grant, left, during a Cypress city council meeting in Cypress on Monday, February 14, 2022. (Photo by Leonard Ortiz, Orange County Register/SCNG)on Monday, February 14, 2022. (Photo by Leonard Ortiz, Orange County Register/SCNG) 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/6/8 Districts offer mixed bagDistricts offer mixed bag The city did not inform consultant Barrios in advance of the March 14 meetingThe city did not inform consultant Barrios in advance of the March 14 meeting that it would forge ahead with a decision. When reached for comment a weekthat it would forge ahead with a decision. When reached for comment a week after the vote, Barrios expressed confusion and suggested the council had onlyafter the vote, Barrios expressed confusion and suggested the council had only discussed the lawsuit in closed session.discussed the lawsuit in closed session. “I would be highly surprised if they voted,” Barrios said. “They will vote after the“I would be highly surprised if they voted,” Barrios said. “They will vote after the public process of deliberation.”public process of deliberation.” Morales conceded that the city had neglected to keep its consultant in the loop.Morales conceded that the city had neglected to keep its consultant in the loop. “She is not a part of the decision-making process,” he said. “Yes, we could have“She is not a part of the decision-making process,” he said. “Yes, we could have put this off. But what are we waiting for?”put this off. But what are we waiting for?” Attorney Shenkman speculated that Cypress council members held the forumsAttorney Shenkman speculated that Cypress council members held the forums to justify a preordained vote. “When they waste millions of taxpayer dollarsto justify a preordained vote. “When they waste millions of taxpayer dollars fighting a lawsuit, they can say, ‘Our constituents wanted us to,’” he said.fighting a lawsuit, they can say, ‘Our constituents wanted us to,’” he said. Hasselbrink pointed out that when it comes to state law, opinions and polls don’tHasselbrink pointed out that when it comes to state law, opinions and polls don’t matter. “Even if every single resident had told us, ‘We don’t want to go tomatter. “Even if every single resident had told us, ‘We don’t want to go to districts,’ we still would have gotten sued,” she said.districts,’ we still would have gotten sued,” she said. As is the norm for a town of its size, the majority of Cypress council members areAs is the norm for a town of its size, the majority of Cypress council members are neighbors who already knew one another before their elections. District-styleneighbors who already knew one another before their elections. District-style voting can pit friend against friend running for a single seat.voting can pit friend against friend running for a single seat. Many in city government, including Hasselbrink, also argue that districts canMany in city government, including Hasselbrink, also argue that districts can make council members too focused on their own back yard rather than the citymake council members too focused on their own back yard rather than the city as a whole. And tiny districts in small cities don’t always attract enoughas a whole. And tiny districts in small cities don’t always attract enough candidates for a robust election.candidates for a robust election. Still, districts do offer some advantages.Still, districts do offer some advantages. When When Orange received a challenge letter in 2019Orange received a challenge letter in 2019 , Barrios said, “I was really, Barrios said, “I was really against the district system. All council members should answer to all voters.”against the district system. All council members should answer to all voters.” But she soon discovered a silver lining. “I can tell you that being in a district hasBut she soon discovered a silver lining. “I can tell you that being in a district has made me closer to my constituency,” Barrios said.made me closer to my constituency,” Barrios said. Another plus: “You do not need to be well-funded to run for office,” she said.Another plus: “You do not need to be well-funded to run for office,” she said. “Districts are made to be walkable.”“Districts are made to be walkable.” 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/7/8 Indeed, precincts can diversify councils not only ethnically and racially, but alsoIndeed, precincts can diversify councils not only ethnically and racially, but also socioeconomically.socioeconomically. “Council members tend to live in a few select neighborhoods,” said demographer“Council members tend to live in a few select neighborhoods,” said demographer Justin Levitt. “Certain neighborhoods are chronically underrepresented, includingJustin Levitt. “Certain neighborhoods are chronically underrepresented, including those with higher levels of apartment housing. They become the dumpingthose with higher levels of apartment housing. They become the dumping ground for undesirable policies required by the state, such as affordable housingground for undesirable policies required by the state, such as affordable housing developments.”developments.” Levitt, who specializes in drawing precinct maps for California municipalities,Levitt, who specializes in drawing precinct maps for California municipalities, predicted that people ultimately will become comfortable with districts.predicted that people ultimately will become comfortable with districts. “The benefits of the at-large system are ingrained in our local political culture,”“The benefits of the at-large system are ingrained in our local political culture,” he said. “I’m sure the newer generations will have a different attitude.”he said. “I’m sure the newer generations will have a different attitude.” For the time being, however, cities often make the shift to district electionsFor the time being, however, cities often make the shift to district elections reluctantly or, as did Cypress, even refusing.reluctantly or, as did Cypress, even refusing. “The narrative in recent years has been that if you got a demand letter, you really“The narrative in recent years has been that if you got a demand letter, you really had no other option but to comply,” Levitt said. “But now we are seeing a wave ofhad no other option but to comply,” Levitt said. “But now we are seeing a wave of resistance.”resistance.” Irvine has yet to concede to Shenkman’s 2021 demand letter, claiming that theIrvine has yet to concede to Shenkman’s 2021 demand letter, claiming that the city is integrated and its council already representative.city is integrated and its council already representative. Whatever argument Cypress might offer, Shenkman said, “It can expect aWhatever argument Cypress might offer, Shenkman said, “It can expect a lawsuit.”lawsuit.” But first, Brown Act expert Loy said, Cypress may need a redo on its vote – thisBut first, Brown Act expert Loy said, Cypress may need a redo on its vote – this time, in a public setting.time, in a public setting. “An action not in compliance with the Brown Act can be declared null and void,”“An action not in compliance with the Brown Act can be declared null and void,” Loy said. “Residents can demand that the council go back and do this in openLoy said. “Residents can demand that the council go back and do this in open session.session. “Citizens have the right to hear why elected officials vote the way they do,” Loy“Citizens have the right to hear why elected officials vote the way they do,” Loy added. “It’s the oxygen of democracy.”added. “It ’s the oxygen of democracy.” Newsroom GuidelinesNewsroom Guidelines News TipsNews Tips Contact UsContact Us Report an ErrorReport an Error 3/24/22, 12:34 PM Cypress council casts closed-session vote to battle push for district elections – Orange County Register https://www.ocregister.com/2022/03/24/cypress-council-cast-closed-session-vote-to-battle-push-for-district-elections/8/8 AuthorAuthor Susan Christian GouldingSusan Christian Goulding || ReporterReporter After graduating from the University of Texas with a degree in journalism,After graduating from the University of Texas with a degree in journalism, Susan Christian Goulding worked at newspapers throughout SouthernSusan Christian Goulding worked at newspapers throughout Southern California, including the Herald Examiner, the Daily Breeze the Los AngelesCalifornia, including the Herald Examiner, the Daily Breeze the Los Angeles Times and now the Orange County Register. Susan was a longtimeTimes and now the Orange County Register. Susan was a longtime correspondent for People magazine before switching gears to earn a masters incorrespondent for People magazine before switching gears to earn a masters in education at UC Irvine. She taught English and journalism in Compton for foureducation at UC Irvine. She taught English and journalism in Compton for four years, and at Loyola Marymount University and El Camino College for a year.years, and at Loyola Marymount University and El Camino College for a year. sgoulding@scng.comsgoulding@scng.com  Follow Susan Christian Goulding Follow Susan Christian Goulding @scgoulding@scgoulding SPONSORED CONTENTSPONSORED CONTENT New SeniorNew Senior Apartments In CypressApartments In Cypress (Take a Look at the(Take a Look at the Prices)Prices)   By By Branded LinksBranded Links Cypress Senior ApartmentsCypress Senior Apartments Tags: Tags: local politicslocal politics ,,Top Stories OCRTop Stories OCR