211027 Claim of California Voting Rights Act violation from Southwest Voter Education ProjectFrom:George Pardon
To:Jon Peat; Paulo Morales; Frances Marquez; Anne Hertz; Scott Minikus
Subject:Claim of California Voting Rights Act violation from Southwest Voter Education Project
Date:Wednesday, October 27, 2021 5:42:39 PM
Dear Cypress City Council
Since receiving the letter from the attorney claiming that the city has violated the California
Voting Rights Act, the City Council has held three regular meetings and one special meeting
that included the following item:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation - one potential case - Claim of California Voting
Rights Act violation from Southwest Voter Education Project
All of these discussions have been held in Closed Session. To my knowledge, the City
Council hasn’t had any public discussion about this. In fact, the only reference I’ve seen to the
letter is in an email that someone sent me that the City Manager sent to staff (enclosed).
Last Monday, October 25, was the last regularly scheduled meeting of the City Council prior
to the November 7 date that the attorney’s letter set for the city to move forward with
voluntary compliance. When will the residents be informed of your decision to either
voluntarily comply or take the matter up in court and risk millions in legal costs? I think the
residents have a right to know.
I found it interesting that the City Manager indicated that we are being ‘strong armed’ into
compliance. The City Council had a unique opportunity to address the absence of any
representation on the City Council of 35% of our population. The Cypress School District
voluntarily converted to voting districts without getting a letter from an attorney. I presume
the city will have to pay something to the law firm making this claim even if the city
voluntarily complies. It is my understanding that it could be up to $30,000 which doesn’t
include any fees charged by the city attorney for all the meetings that have been held. Having
complied without an attorney sending a letter, these are costs the school district avoided and
instead invested them into our children’s education, a much worthier cause.
While I think that at-large districts have some advantages, I think the actions over the last few
years by the City Council have demonstrated a need for voting districts. Putting racial
disparity aside, there are several examples of geographic disparity including the consideration
of a trash transfer station north of Lincoln and the lack of consideration of the residents living
near Lexington Park as just two such examples. One resident living in the Ovation Park
Senior Community posted the following on-line: ‘I am used to contacting the councilperson
from my district but with this arrangement it seems intended to keep residents at bay. It seems
they want to force you to address them at meetings only, which is only really really just a
joke.’
I look forward to hearing from you.
Respectfully,
George Pardon