KIMON MANOLIUS
PARTNER
DIRECT DIAL (415) 995-5841
DIRECT FAX (415) 995-3508
E-MAIL [email protected]
HansonBridgett
_~
April 5, 2012
VIA OVERNIGHT MAIL
Chief, Voting Section
Civil Rights Division
Room 7254 - NWB
Department of Justice
1800 G Street N.W.
Washington, DC 20006
Re:
Pre-clearance of Salinas Valley Memorial Healthcare System's Decision to Move
from At Large to Zone Elections Beginning in the November 2012 General Election
To the Chief, Voting Section:
Pursuant to section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. section 1973c,
and Part 51 of Title 28 of the Code of Federal Regulations, the Salinas Valley Memorial
Healthcare System (SVMHS) hereby submits for pre-clearance to the United States Department
of Justice the following plan to change its electoral process for electing members to its five (5)
Board of Directors from an at large system to one in which Board members are elected from five
(5) individual zones within the local health care district. Pre-clearance is required because
SVMHS is in Monterey County, one of four Section 5 Counties in California.
SVHMS is a local health care district in the Central Coast region of California, organized
pursuant to Cal. Health &Safety Code sections 32000 et seq. SVHMS is authorized to convert
its current at large elections system to a zone election system pursuant to Cal. Health and
Safety Code section 32100.1.
Subject to U.S. Department of Justice pre-clearance, SVMHS intends to commence electing its
Board members from zones in the coming November 2012 General Election. Monterey County
has informed SVHMS that it requires the pre-cleared zone boundaries 125 days before the
November 6, 2012 election, or by June 29, 2012. Thus, SVHMS greatly appreciates the U.S.
Department of Justice's timely review of this pre-clearance application, and understands that
approximately 60 days are required for that review.
The change for which SVMHS seeks pre-clearance is from the current of-large election system
to elections by zone within the district service area. Specifically, SVMHS proposes five (5)
zones, which comply with the one person -one vote requirement by limiting the deviation to less
than plus or minus 5 percent among the five zones from the ideal zone population according to
the 2010 U.S. Census of Population data of 40,041 persons per zone. The SVMHS plan also
includes the establishment of four zones with a percentage of Latino Voting Age Population
(VAP) in excess of 50.00 percent and three zones with a percentage of Latino Citizen Voting
Age Population (CVAP) in excess of 50.00 percent, thereby complying with the U.S. Voting
Hanson Bridgett LLP
425 Market Street, 26th Floor, San Francisco, CA 94105 hansonbridgett.com
4238707.1
Chief, Voting Section
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April 5, 2012
Page 2
Rights Act of 1965, as amended, and the California Voting Rights Act by ensuring the
opportunity of Latino and other minority groups to exercise effectively their electoral franchise.
As for the proposed individual zones, Zone 2 has a Latino VAP percentage of 80.64% and a
CVAP percentage of 63.19%. Zone 3 a Latino VAP percentage of 79.16% and a CVAP
percentage of 64.03%. Zone 5 a Latino VAP percentage of 75.19% and a CVAP percentage of
56.85%. (Zones 1 and 4 have a percentage Latino VAP of 57.10°/o and 31.58% respectively,
while they have a percentage Latino CVAP of 40.43% and 22.27%, respectively.) In drawing
these zones, SVMHS considered topography, geography, cohesiveness, contiguity, integrity
and compactness of territory, as well as the maintenance of vital communities of interest.
Given that the estimated Latino CVAP percentage for the entire service area is 44.95°/o, the
creation of Zone 2(63.19%), Zone 3(64.03%), and Zone 5(56.85%), each with strong
estimated majority Latino CVAP percentages, should improve significantly the likelihood that
Latino voters can elect members to the Board of their choice, if they act cohesively in
forthcoming elections.
Moreover, because the terms of Board members are staggered by law, two members'terms end
in December 2012, and three members'terms end in December 2014. SVMHS's plan has
Zones 2 and 3 on the ballot in November 2012 and every four years thereafter. Zones 2 and 3
are the two zones with the highest Latino CVAP percentage, and their selection ensures that
Latino voters have the best chance of electing members of the Board of Directors of their choice
at the soonest possible time. In addition, because the November 2012 General Election is a
Presidential Election, Latino voter turnout is expected to be at its highest, further increasing the
likelihood that Latino voters will be able to elect the Board candidates of their choice.
The three remaining zones — 1, 4, and 5 —will be on the November 2014 ballot and every four
years thereafter as three current Board members' terms do not end until December of 2014.
(Id.) This approach ensures that those voters who cast votes in the November 2010 General
Election are not disenfranchised through the removal of three duly elected Board members.
If you have any questions or require further information, please do not hesitate to contact me at
(415)995-5841, or by email at kmanolius(a~hansonbrid etq t.com. On behalf of SVMHS, thank
you in advance for your attention to this matter.
Very tr ly yo rs,
6
Ki on Manoli
KM:smc
Attachments
cc:
See Section M, below, for a complete list
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April 5, 2012
Page 3
BACKGROUND
Salinas Valley Memorial Healthcare System (SVMHS)is a local health care district comprised of
a network of healthcare facilities, services and programs serving the residents in the central
coast region of California. At the core of the System is Salinas Valley Memorial Hospital, a
public district hospital governed by five elected board members. Originally opened in 1953 with
138 beds, 100 employees and 45 physicians, the Salinas Valley Memorial Hospital now is a
269-bed acute care hospita► featuring several specializations, including the Stanford Cardiac
Surgery Program, Harden Memorial Heart Program, Cancer Center, a Level III Neonatal
Intensive Care Unit operated in partnership with Lucile Packard Children's Hospital, a Stroke
Center, Joint Replacement Center, and a Regional Spine Center. Offering the only
neurosurgery, cardiac surgery, and oncology services in the city of Salinas, Salinas Valley
Memorial is the referral center for high acuity patients in need of advanced services.
Salinas Valley Memorial now employs more than 1,600 people, has a Medical Staff of 265
board-certified physicians .across a range of specialties, and partners and affiliations that
enhance and expand care thrQUghout the region. In addition to its hospital, the Healthcare
System features a network of twelve urgent care clinics spanning an 80-mile radius, the
Advanced Diagnostic Imaging Center in Monterey, and partnerships and affiliations in surgery
care centers, 79 assisted living and memory care beds, and home health care.
The founding of the local hospital district by members of the local agricultural industry was a
community effort and helps explain its continuing community commitment. Beginning in 1941,
local civic leaders planned, donated land, and raised money to make the hospital a reality well
before its founding. By 1947, the California State Legislature passed an act allowing
communities to establish taxation districts to build hospitals and area voters approved the
formation of the Salinas Valley Memorial Hospital District. On the day of the dedication, March
29, 1953, President Dwight D. Eisenhower sent a letter of congratulations, in which he said, the
"People of Salinas Valley have every right to be proud of this admirable example of local selfreliance and initiative," commenting on the fact that no state or federal funds were used to build
the hospital or its related facilities.
Founders and early administrators envisioned a hospital equipped with the latest technology
that offered citizens the opportunity to receive high-quality health care without traveling out of
the area. Through strong leadership, fiscal responsibility, strategic planning and a driving
commitment to the highest quality patient care, the hospital began its transformation into the
comprehensive, integrated health care system that it is today.
SVMHS's mission is clear — to improve the healthcare of the people in its health care district by:
providing and promoting comprehensive quality patient care; maintaining ongoing patient care
safety initiatives; providing for institutional safety requirements; caring for its patients as unique
and important individuals; promoting a caring, concerned, compassionate healthcare delivery
system environment; developing and refining an integrated delivery system; maintaining sound
administrative and financial management; supporting careful use of natural resources; and,
educating the community and encouraging participation in healthcare issues.
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Its mission is best summed up in SVMHS's slogan, "Neighbors Who Care." Its vision is to be a
leader in medical care with a team of highly trained, caring and compassionate healthcare
professionals including state of the art technology. Its commitment to quality has resulted in
recognition in the US News &World Report "Best Hospitals" edition as a high performing
hospital, the American Heart Association's "Get With the Guidelines" award for heart failure and
coronary artery disease, and designation as "Baby Friendly" through the global Baby Friendly
Initiative. This level of quality care is a hallmark of Salinas Valley Memorial Healthcare System.
This and other information regarding SVMHS is available on its website: www.svmh.com.
11.
SECTION 5 SUBMISSION
A.
A copy of any ordinance, enactment, order or regulation embodying a
change affecting voting and date of its enactment or adoption and its
effective date.
The Salinas Valley Memorial Healthcare System("SVMHS") Board of Directors("Board") has
taken two actions that embody changes to the way in which Board members are elected,
subject to pre-clearance by the United States Department of Justice.
First, at its Regular meeting of February 23, 2012, the SVMHS Board passed Resolution No.
2012-01, which approved a change from the current at-large system of electing its five (5)
members to a division of the service area into five (5) zones, each of which would elect a
member of the Board. Specifically, the following action was taken:
The Board hereby approves the adoption of zone boundaries for the election of
Directors to the District's Board of Directors as represented in Map C attached
hereto, as prepared by Redistricting Partners and pursuant to California Health &
Safety Code Section 32100.01.
(Exhibit 8 (Resolution No. 2012-01) at p. 5.)
Second, because the Board members' terms are staggered and only two Board positions will be
on the ballot in November 2012, the Board at a March 7, 2012 Special Meeting selected two
zones to be on the ballot in November 2012, and three zones for the November 2014 ballot.
Specifically, Resolution No. 2012-03 provided that:
The Board hereby designates for election this November 2012(and every
four years thereafter) Zones 2 and 3.
2.
The Board hereby designates for election in November 2014 (and every
four years thereafter) Zones 1, 4, and 5.
The Board directs and authorizes legal counsel to work with the
demographer to forward Map C together with relevant demographic data,
minutes of all Electoral Advisory Committee and relevant Board Meetings,
the designation of zones for election in November 2012 and November
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2014, and all other necessary documents to the U.S. Department of
Justice for pre-clearance as required by 28 C.F.R. Part 51, Procedures
for Administration of Section 5 of the Voting Rights Act of 1965, as
amended.
The Board hereby designates Kimon Manolius at Hanson Bridgett as its
representative and designee for purposes of the submission to the U.S.
Department of Justice for pre-clearance as required by 28 C.F.R. Part 51,
Procedures for Administration of Section 5 of the Voting Rights Act of
1965, as amended, and authorizes Mr. Manolius to communicate and
interact with the Department of Justice in the pre-clearance process.
4.
(Exhibit 9(Resolution No. 2012-03) at pp. 5-6.)
B.
_
A copy of any ordinance, enactment, order or regulation embodying the
voting practice that is proposed to be repealed, amended, or otherwise
changed and provide the date of compliance with Section 5.
SVMHS is a Local Health Care District organized and operated pursuant to Division 23,
Sections 32000 et seq., of the California Health and Safety Code("Local Health Care District
Law," formerly known as the Local Hospital District Law (Exhibit 1 (relevant sections of Cal.
Health &Safety Code sections 32000, et seq.).) By an election held pursuant to the Local
Health Care District Law, the voters in the County of Monterey approved the formation of
Salinas Valley Memorial Hospital District on June 9, 1947. By resolution dated June 20, 1947,
the Board of Supervisors for Monterey County formed Salinas Valley Memorial Hospital District.
(Exhibit 2 at p. 1.) In 1995, the District's name was changed to Salinas Valley Memorial Health
Care District by District Board Resolution Number 1995-03. On March 20, 1997, the Board of
Directors of the District adopted District Board Resolution Number 1997-02 changing its name
to the current one, Salinas Valley Memorial Healthcare System.
Under California Health &Safety Code section 32100, originally enacted in 1945, local hospital
districts have five (5) member Boards of Directors upon formation. Directors must live in the
hospital district, have staggered terms, and by default are elected at-large. (Exhibit 1 (Cal.
Health &Safety Code sections 32100, 32100.01, and 32100.02).) Boards may be expanded to
seven members under certain circumstances and the additional members are elected at-large.
(Id. (Cal. Health &Safety Code sections 32100.01 and 32100.02).) Local hospital districts may
convert their electoral processes from at-large to zone elections if they conduct a hearing
pursuant to Cal. Health &Safety Code section 32100.1. (/d.) In the alternative, local hospital
districts may be compelled to change to zone elections if they receive a petition signed by at
least 15 percent of the number of votes cast in that district for the office of Governor at the last
election. (Id. (Cal. Health &Safety Code section 32100.1).)
Thus, since its formation in 1947, SVMHS has elected its 5-member Board of Directors at-large.
This original process was not pre-cleared because pre-clearance was not required at the time
the at-large voting system was adopted. SVMHS now seeks pre-clearance from the United
States Department of Justice to change its electoral system from at-large to zone elections for
the election of Board members.
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C.
A clear statement of the change explaining the difference between the
submitted change and the prior law or practice, or explanatory materials
adequate to disclose to the Attorney General the difference between the
prior and proposed situation with respect to voting.
From its formation in 1947 through the General Election in 2010, SVMHS has elected members
to its five (5) member Board of Directors at-large. The only requirements have been that Board
members live in the district service area and have staggered terms.
The SVMHS hospital district has a total population of 200,207 according to the 2010 U.S.
Census of Population. The district demographics for the total population are 42,791 nonHispanic whites (21.4 percent), 2,805 non-Hispanic African-Americans (1.4 percent), 10,938
non-Hispanic Asians (5.5 percent), 4,805 non-Hispanic others (2.4 percent), and 138,868
Hispanics (69.4 percent). The district has a population 18 years of age and older of 139,152.
The district demographics for the population 18 years of age and older are 35,835 non-Hispanic
whites (25.8 percent), 2,225 non-Hispanic African-Americans (1.6 percent), 8,848 non-Hispanic
Asians (6.3 percent), 3,118 non-Hispanic others (2.2 percent), and 89,126 Hispanics (64.0
percent). The estimated Citizen population 18 years and older for the district is 89,274, with an
estimated total of Hispanic CVAP of 40,128 (44.95 percent).
The change for which SVMHS seeks pre-clearance is from the current at-large election system
to elections by zone within the district service area. Specifically, SVMHS proposes five (5)
zones, which comply with the one person -one vote requirement by limiting the deviation to less
than plus or minus 5 percent among the five zones from the ideal zone population according to
the 2010 U.S. Census of Population data of 40,041 persons per zone. (Exhibit 8(Resolution
No. 2012-01) at p. 5.) The SVMHS plan also includes the establishment of four zones with a
percentage of Latino Voting Age Population (VAP) in excess of 50.00 percent and three zones
with a percentage of Latino Citizen Voting Age Population (CVAP) in excess of 50.00 percent,
thereby complying with the U.S. Voting Rights Act of 1965, as amended, and the California
Voting Rights Act by ensuring the opportunity of Latino and other minority groups to exercise
effectively their electoral franchise. (Id.)
Specifically, Zone 2 has a Latino VAP percentage of 80.64% and a CVAP percentage of
63.19%,Zone 3 a Latino VAP percentage of 79.16% and a CVAP percentage of 64.03%, and
Zone 5 a Latino VAP percentage of 75.19% and a CVAP percentage of 56.85%. (Zones 1 and
4 have a percentage Latino VAP of 57.10% and 31.58% respectively, while they have a
percentage Latino CVAP of 40.43% and 22.27%, respectively.) (See Exhibit 8 (Resolution No.
2012-01) at p. 5.) In drawing these zones, SVMHS considered topography, geography,
cohesiveness, contiguity, integrity and compactness of territory, a~ well as the maintenance of
vital communities of interest. (See Exhibit 8 (Resolution No. 2012-01) at pp. 4-5.)
Given that the estimated Latino CVAP percentage for the entire service area is 44.95%,the
creation of Zone 2(63.19%), Zone 3(64.03%), and Zone 5(56.85%), each with strong
estimated majority Latino CVAP percentages, should improve significantly the likelihood that
Latino voters can elect members of the Board of their choice, if they act cohesively in
forthcoming elections.
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Moreover, because the terms of Board members are staggered by law, two members' terms end
in December 2012, and three members' terms end in December 2014. SVMHS's plan has
Zones 2 and 3 on the ballot in November 2012 and every four years thereafter. (Exhibit 9 at
pp. 5-6.) Zones 2 and 3 are the two zones with the highest Latino CVAP percentage, and their
selection ensures that Latino voters have the best chance of electing members of the Board of
Directors of their choice. (Id.) In addition, because the November 2012 General Election is a
Presidential Election, Latino voter turnout is expected to be at its highest, further increasing the
likelihood that Latino voters will be able to elect the Board candidates of their choice. The three
remaining zones — 1, 4, and 5 —will be on the November 2014 ballot and every four years
thereafter as three current Board members' terms do not end until December of 2014. (Id.)
This approach ensures that those voters who cast votes in the November 2010 General Election
are not disenfranchised through the removal of three duly elected Board members.
D.
Identification of the person or body responsible for making the change and
the mode of decision (e.g. act of state legislature, ordinance of city council,
administrative decision by the registrar).
The SVMHS Board of Directors has taken two actions that embody changes to the way in which
Board members are elected, subject to pre-clearance by the U.S. Department of Justice. At its
February 23, 2012 meeting, the SVMHS Board passed Resolution No. 2012-01, which adopted
zone boundaries for the election of Directors pursuant to Cal. Health &Safety Code section
32100.01. (Exhibit 8 at p. 5.) Then, at a March 7, 2012 Special Meeting, the SVMHS Board
passed Resolution No. 2012-03, which designated for election this November 2012(and every
four years thereafter) Zones 2 and 3, and November 2014 (and every four years thereafter)
Zones 1, 4, and 5. (Exhibit 9 at pp. 5-6.) The Board also designated attorney Kimon Manolius
at the law firm of Hanson Bridgett in San Francisco as its representative and designee, and
directed and authorized legal counsel to submit the proposed change to the U.S. Department of
Justice for pre-clearance as required by 28 C.F.R. Part 51, Procedures for Administration of
Section 5 of the Voting Rights Act of 1965, as amended. (Exhibit 9 at p. 6.) Mr. Manolius's
contact information is as follows: Hanson Bridget LLP, 425 Market Street, 26th Floor, San
Francisco, CA 94105, (l'el) 415.995.5841,(Fax)995.3508(E-Mail)
kmanolius(a~hansonbridgett.com.
The contact information for SVMHS Board of Directors is Jim Gattis, President, Salinas Valley
Memorial Healthcare System Board of Directors, 450 East Romie Lane, Salinas, CA 939014029,(Tel) 831.757.4333.
E.
A statement identifying the statutory or other authority under which the
jurisdiction undertakes the change and a description of the procedures the
jurisdiction was required to follow in deciding to undertake the change.
7.
Statutory Authority and Required Process
Local hospital districts in California may convert their default at-large Board of Director elections
systems to elections by zones within their service areas. (Exhibit 1 (Cal. Health &Safety Code
section 32100.1).) Cal. Health and Safety Code section 32100.1 expressly allows the Board to
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adopt a resolution to divide the service area into zones. (Id.) In establishing the zones, the
board must "provide for representation in accordance with demographic, including population,
and geographic factors of the entire area" of the district, and then hold a hearing on the
proposed establishment of zones. (Id.) While any elector may present his views and plans
regarding the drawing of the proposed zones, the board is not bound by those views and "[the
board's] decision, in the resolution adopted, shall be final." (Id.) The zones are effective for the
next district election following the resolution unless a petition requesting an election on the
resolution is filed within 60 days after the resolution is passed. (Id.) This petition must bear
signatures of 5% of the qualified registered voters in the district. (Id.) Assuming a valid and
timely petition is filed, the measure is to be printed on the ballots as: "Shall members of the
board of directors be elected by zones, as described in the resolution of the board of directors
with the words "Yes" and "No" printed alongside. (Id.)'
dated
",
?
4
Thus, to move to zone elections from the current at-large system, SVMHS must: 1) make a
determination that zone elections are appropriate; 2) ensure that the zones provide for
representation in both the demographic and geographic terms; and, 3) hold a public hearing on
the establishment and contours of the zones themselves. These measures of course are in
addition to the pre-clearance process with the U.S. DOJ, which is required due to Monterey
County's status as a Section 5 covered jurisdiction.
Here, the SVMHS Board of Directors engaged a demographer to draw representative zones,
and held a public hearing on the proposed zones on January 26, 2012 to solicit input from
residents of the service area pursuant to California Health &Safety Code section 32000.1. The
Board also held a public hearing on the choice of zones for the November 2012 ballot on March
7, 2012, as only two seats are open on that ballot with the other three scheduled for the
November 2014 ballot. Thus, SVMHS complied with the requirements of section 32000.1 in
deciding to move to zone elections from the current at-large system of electing members of the
Board of Directors.
2,
SVMHS's Additional Process and Public Outreach and Publicity
SVMHS, however, engaged in a great deal of additional research, data gathering, investigation,
and public outreach in: making the decision to move to zone elections in the first instance;
deciding the precise contours of the zones; and, choosing the two zones that would be on the
November 2012 ballot.
The SVMHS Board of Directors is charged with maximizing efficiency and ensuring delivery of
quality health care in the health care district it serves. The Board wants to be as responsive a
body as possible to the needs of its health care district, and recognized that voter participation
in the election process for Board members is of the utmost importance. The Board's goal was
to encourage the fullest voter participation and voter education in elections of its Board
' As noted above, the Board determined to move to zone elections on February 23, 2012. To
date, SVMHS has not received a petition to put the question of the move to zone elections on
the ballot. Given the results of this very public process, SVMHS does not expect that such a
petition will be forthcoming, but will advise U.S. DOJ promptly if one does arrive.
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members, to best represent the interests and wishes of the health care district residents, and to
ensure that the community has confidence in a Board that represents its interests and wishes.
(Exhibit 3 at p. 1.)
Thus, on March 3, 2011, the Board passed Resolution No. 2011-04, creating an Electoral
Advisory Committee("Committee") to study the electoral process of electing directors to the
District Board of Directors that was subject to the Ralph M. Brown Act ('The Brown Act") and
the California Public Records Act to ensure transparency and community confidence. (Exhibit
3(Resolution No. 2011-04) at p. 1.) Thus, the Committee's meetings would be open, duly
noticed, agendized, and public. (Id.) The Board also determined that the Committee would
have seven members, who would be selected and could be removed by the Board. The
Committee was charged with the responsibility of analyzing the electoral process for selecting
members of the Board of Directors. The Board selected legal counsel for the Committee. The
Committee would report to the Board its progress every two months, including updates on its
analysis, analytical framework, and budget, and complete its analysis within six months of~the
Committee's first meeting and cease to exist six months and one day after its first meeting
unless its life was extended by the Board (Id. at pp. 1-2.) In addition, at the March 3, 2011
meeting the Board announced that it would provide additional detail and determine other
aspects of the Committee's charge, makeup, budget, mandate, scope of issues to study, etc., at
its next scheduled meeting. (Id.; see also, Exhibit 10 (3/3/11 Minutes).)
On March 17, 2011, the Board met again and discussed these other issues. In the resulting
Resolution No. 2011-06, the Board determined that: two of the Committee's seven members
would be Director Harry Wardwell and Director Patrick Egan, and the remaining five Committee
would members of the community. (Exhibit 4, at p. 1.) Director Egan would serve as Chair of
the Committee, which would meet no less than once per month. (Id.) The Board also provided
the Committee with a preliminary budget, and instructions on obtaining additional funds if
necessary. (Id.) The Board provided the Committee with atwo-phase mandate, which included
analyzing, studying, and reporting on: (a) the effectiveness and efficacy of the current at-large
system;(b) whether to put the question of a move to zone elections on the ballot; (c) the number
and geographic/ population bases for any proposed zones; and,(d) the timeline and
methodology for phasing in zone elections, if applicable. In addition, the Committee was
encouraged to consider how other public hospital districts elect their directors. (Id.; see also,
Exhibit 11 (3/17/11 Minutes).)2
On April 21, 2011, the Board again met regarding the formation of the Committee, and to
consider nominations for the five (5) community member slots. (Exhibit 4(Resolution No.
2011-06).) By motion, the Board added to the Committee's budget, and also added an
additional issue for the Committee's consideration — whether to increase the size of the Board
from five members to seven. (/d.) The Board, however, did not consider the nominees for the
Committee as it received only 7 nominations. Instead, the Board directed that further
advertisements about the Committee and the opportunity to serve be run in both English and
2 Of the dozens of public health care districts in California, SVMHS is aware of only two that
utilize zone elections in selecting Board members. The rest elect their Board members at-large.
(Exhibit 15 (8/1/11 Minutes) at p. 2.)
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Spanish language newspapers throughout the District. (Id.; see also, Exhibit 12(4/21/11
Minutes.).)
At the May 5, 2011 Special Meeting, the Board was still uncertain about whether the advertising
it had directed adequately had penetrated. (Exhibit 5(Resolution No. 2011-10) at p. 2.) Thus,
it directed that ads run on Spanish and English language radio. (Id.) In Resolution No. 201110, the Board also added additional funds to the Committee's budget to allow for the hiring of a
demographer, and added the additional charge of studying a move from a five member to a
seven member Board. (Id.)
After the additional advertising, at the May 19, 2011 Board Meeting the Board considered the
more than two dozen nominations it had received for the Committee. (Exhibit 6(Resolution No.
2011-11) at p. 3.) With Resolution 2011-11, the Board chose five individuals to serve on the
Committee: Tom Bryan of Salinas, Lourdes (Maria) Escolta of Salinas, Albert Fong of Salinas,
Christine Ponzio of Salinas, and Sally Pruneda of Prunedale. (Id. at p. 3.) The Board further
directed that the Committee commence its work in June of 2011, or as soon thereafter as
practicable, and research the qualifications and cost of hiring qualified demographers or other
experts. (Id.; see also, Exhibit 13 (5/19/11 Minutes).)
Due to scheduling issues among the seven members, the Electoral Advisory Committee held its
first meeting on July 18, 2011. (Exhibit 14(Minutes of 7/18/11 EAC Meeting) at p. 1.) The
Committee reviewed its charges and reaffirmed its mandate to conduct an open and transparent
process so that voters would have confidence in the Committee's work and know that the
Committee operated without any pre-conceived notions and in the best interests of the
community. (Id. at pp. 3-4.) By the time of this meeting, the Committee had received only one
proposal from a demographer; the Committee therefore requested that staff seek additional
proposals. (Id. at p. 6.)
At its August 1, 2011 meeting, the Committee approved the retention of a demographer,
Redistricting Partners of Sacramento, California, to assist the Committee in its work. (Exhibit
15 (Minutes of 8/1/11 EAC Meeting) pp. 10-13.) The Committee discussed its budget, and also
the all-important need for the Committee to obtain as much community input as possible by
holding public meetings at various locations throughout the SVMHS service area. (Id. at pp. 610.)
The Committee held another meeting on August 22, 2012. At that meeting, the Committee
acknowledged that the Board at its August 18, 2011 Regular Meeting had approved the
Committee's choice of demographer. (Exhibit 16 (Minutes of 8/22/11 EAC Meeting) at pp. 12.) The Committee also further explored how best to seek community input and reviewed draft
presentations that might be presented at community meetings. (Id. at pp.3-7.) The Committee's
consensus was to have several meetings throughout the SVMHS service area to allow as many
community members as possible to attend. (Id. at p. 5.)
While Redistricting Partners was conducting its analysis of voting patterns, the Committee held
meetings at different community locations to maximize public participation. The dates and
locations of these meetings were as follows:
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September 7, 2011 in Gonzales (Gonzales City Council Chambers)
September 12, 2011 in Castroviile (Castroville Branch Library)
September 19, 2011 in Monterey (Ryan Ranch)
September 21, 2011 in Salinas (Everett Alvarez High School)
September 29, 2011 in Salinas (Alisal High School)
These community meetings were advertised in English and Spanish speaking media in
advance, and a comprehensive presentation on the SVMHS and associated electoral issues
was given at each of the community meetings. (Exhibit 17 (Minutes of 9/13/11 EAC Meeting)
at pp. 2-4; Exhibit 18(Minutes of 10/17/11 EAC Meeting) at pp. 1-3; see also, Exhibit 35 (print
ads); Exhibit 37-28 (sample of radio spot advertising outreach meeting).)
While these outreach meetings were occurring throughout the service area, the Committee
continued to meet to address other aspects of its charges. At its September 13, 2011 meeting,
the Committee learned about the methodology its demographer would employ to answer the
question about whether racial polarization existed in voting in the service area. (Exhibit 17
(Minutes of 9/13/11' EAC Meeting) at pp. 5-8.)
At its next meeting on October 17, 2011, the Committee heard the final report from Redistricting
Partners. (Exhibit 18 (Minutes of 10/17/11 EAC Meeting) at pp. 3-9.) The demographer
reported that it was his opinion that, based on a review of statewide ballot measures, statewide
general election and primary races, and presidential general elections, there was polarized
voting in the SVMHS service area. (Id. at pp. 3-6.) The Committee and its counsel sought
clarification as Redistricting Partners had not included in its analysis prior elections for the
SVMHS Board of Directors. (Id. at pp. 8-10.) Redistricting Partners responded that, in their
experience, this information was not necessary given the strong polarization that they had seen
in the other races. (Id. at pp. 11-12.) At the Committee's request, the demographer agreed to
attempt to obtain the information on SVHMS Board races. (Id. at p. 10.)
The Committee met again on November 9, 2011. (Exhibit 19(Minutes of 11/9/11 EAC
Meeting).) Because Redistricting Partners had not been able to obtain results from prior
elections for the Board of Directors in a usable form, the Committee found that the analysis by
Redistricting Partners reflected racially polarized voting in elections other than elections for
SVMHS Board members. (Id. at pp. 1-3.) To ensure that members of protected classes within
the District boundaries could elect members to the Board of their choice, it further
recommended that the District consider the use of zone elections for the selection of members
of the Board of Directors. (Id. at pp. 3-4.) Specifically, by motion, the Committee recommended
that the Board adopt by Resolution the election of the SVMHS Board members from five (five)
individual zones, effective with the November 2012 election of two Board members from two
individual zones, with the remaining three Board members standing for election from three
individuals zones in November 2014. (Id. at 4.) The Committee also recommended that the
Board allow the Committee to work with the demographer to draw boundaries of the five district
voting zones to be accomplished no later than February 1, 2012, for a recommendation of a
map or multiple maps for consideration by the Board of Directors at its Regular Meeting in
February 2012. (Id.)
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The Board of Directors accepted those recommendations at a public meeting. (Exhibit 20
(Minutes of 11/17/11 Board Meeting) at pp. 12-14.) In Resolution No. 2011-22, the Board
resolved to change its method of electing its five (5) Board members from an at-large system to
a zone system. (Id.; see also, Exhibit 7(Resolution No. 2011-22) at p. 4.) The Board also
decided to make the change as soon as possible, beginning with the election of two board
members from zones in the November 2012 election, and the remaining three members from
zones in the November 2014 election. (id.) The Board acknowledged the need for U.S. DOJ
pre-clearance of its proposed course of action, extended the life of the Committee, and directed
the Committee to draw draft boundaries for the new electoral zones by February 1, 2012. (Id.)
Finally, the Board counseled the Committee to ensure that the zones "provide for representation
in accordance with demographic, including population and geographic factors of the entire area
of the local hospital district." (Id. at p. 5.) The Board also directed that the Committee comply
with the dictates of Cal. Health &Safety Code section 32100.1 in holding a public hearing
concerning the drawing of zones. (Id.)
At its December 12, 2011 EAC meeting, Redistricting Partners gave a presentation on how to
draw maps to satisfy the legal requirements of equal population among the districts and
requisite Citizen Voting Age Population percentages of protected classes. (Exhibit 21 (Minutes
of 12/12/11 EAC Meeting) at p. 4.) During this meeting, the Committee requested that the
demographer present "discussion drafts" of possible maps that would: 1) meet the legal
requirements of one person -one vote with permissible population deviations; 2) create three
zones with a majority Latino CVAP percentage; and, 3) respect the various communities of
interest throughout the service area. (Id. at pp. 4-9.) The Committee also discussed how it
would present the maps to the community for comment via publicity and public meetings. (Id. at
1-4.)
Redistricting Partners prepared two "discussion drafts"(Maps A and B)that SVMHS put on its
website on December 28, 2011, for public review. (Exhibit 22(Minutes of 1/9/2 EAC Meeting)
at pp. 1 and 2.) At its next meeting on January 12, 2012, the Committee reviewed the proposed
maps, together with a new proposed Map C to address the concerns of Mr. David Serena, a
Latino member of the Community Coalition for Fairness, Equality and Justice for All("CFEJ").3
Map C included the movement of a small segment of Zone 3 into Zone 5 to increase
opportunities for Latinos to elect candidates of their choice in Zone 5.4 (Id. at 2-6.) Each of
these options included the corresponding demographic data reflecting that the proposed zones
in all maps had equal population within the acceptable deviations, and that three of the five
proposed zones contained Latino Citizen Voting Age Population percentages in excess of 50%
and therefore satisfied state and federal legal standards. (Id.)
Mr. David Serena, Redistricting Committee Chair of CFEJ, had been one of the early
proponents of zone elections. Beginning in January of 2011, Mr. Serena had appeared at
Board meetings and had requested in writing that SVMHS move to zone elections. (See
Section H below.)
The change resulted in Zone 3 Latino CVAP percentage decreasing from 65.02% to 64.03,
4
and Zone 5's Latino CVP percentage increasing from 55.55% to 56.85%.
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Department of Justice
April 5, 2012
Page 13
Next, the Committee held a Town Hall Meeting for the public to further review the proposed
maps and demographic data on January 17, 2012. (Exhibit 23(Minutes of 1/30/12 EAC
Meeting) at p. 2.) Public testimony was presented to the members of the Committee at
attendance at the Town Hall Meeting, as it had been at the January 12, 2012 meeting of the
Committee. (Id.) The Committee by motion recommended that the Board of Directors consider
both Map A and Map C and forwarded those maps along with the supporting demographic data
for each. (Id.)
As it is required to do under Cal. Health &Safety Code section 32000.1, the Board held a public
meeting on January 26, 2012 to solicit input from residents of the District on the proposed
electoral zones. Based on direction from the Committee, Maps A ar~d C were presented to the
public for comment. The public provided input to the Board of Directors on the proposed zones
and demographic data. (/d. at 1-2.)
The Committee reconvened on January 30, 2012 and received a report on the Public Hearing
before the Board of Directors. (Exhibits 23 (Minutes of 1/30/12 EAC Meeting) at pp. 1-2.) After
receipt of the report, and questions by Committee members on the differences between Map A
and 'Map C, the Committee recommended that the Board of Directors adopt the Map C
boundaries for the new electoral zones for implementation in the November 2012 and
November 2014 elections and for submission for pre-clearance to the Department of Justice.
(Id. at pp. 3-6.)
At its regularly scheduled meeting on February 23, 2012, the Board found that Map C provides
for the establishment of five (5) geographic electoral zones in accordance with all federal, State
and local laws and regulations, including:
Compliance with the one person, one vote requirement by limiting the deviation
to less than plus or minus 5% among the five zones from the ideal zone
population according to the 2010 U.S. Census of Population data of 40,041
residents per zone;
The establishment of three zones with a percen#age of Latino Citizen Voting Age
Population in excess of 50.00%, specifically Zone 2 with 63.19%, Zone 3 with
64.03% and Zone 5 with 56.85% thereby complying with the U.S. Voting Rights
Act of 1965, as amended, and California Voting Rights Act by ensuring the
opportunity of the Districts Latino and other minority groups with respect to their
effective exercise of the electoral franchise; and,
Consideration of topography, geography, cohesiveness, contiguity, integrity and
compactness of territory, as well as maintaining vital communities of interest.
(Exhibit 8 (Resolution No. 2012-01) at pp. 4-5.) Thus, through Resolution 2012-01, the Board
on February 23, 2012 approved the adoption of zone boundaries for the election of Directors to
the District's Board of Directors as represented in Map C as prepared by Redistricting Partners
and pursuant to California Health and Safety Code section 32100.01. (Id.) The Board also set
a special meeting to invite and hear community input with regard to the question of what two
zones should be on the ballot in November 2012(and every four years thereafter), and what
4238707.1
Chief, Voting Section
Department of Justice
April 5, 2012
Page 14
three zones should be on the ballot in November 2014 (and every four years thereafter).
(Exhibit 24(Minutes of 2/23/12 Board Meeting) at pp. 14-18.)
On IVlarch 7, 2012, the Board received input on the implementation of zone elections. (Exhibit
25 (Minutes of 3/17/12 Board Meeting) at pp. 2-12.) Its demographers and counsel
recommended that the Board select the two highest percentage Latino CVAP zones (Zones 2 &
3) for election in November 2012, as this was the most aggressive strategy to ensure that Latino
voters in the service area could elect candidates of their choice to the Board, and the one with
the highest likelihood for U.S. DOJ pre-clearance. (Id. at pp. 2-3.) Several members of the
public suggested that the Board select Zone 5 instead of either Zone 2 or Zone 3. They
suggested Zone 5, the Zone with the third highest Latino CVAP percentage zone, for several
reasons including the communities it contained, the similarity of Zones 2 and 3, and the fact that
one of the Board members whose term was up in December of 2012 resided in Zone 5. (Id. at
pp. 3-12.) Other members of the public suggested that all five (5) of the new zones be on the
November 2012 ballot even though three Board members had been duly elected in November
of 2010 to four year terms. (Id.)
In the end, by Resolution No. 2012-03, the Board on March 7, 2012 selected Zones 2 and 3
(63.19% and 64.03% Latino CVAP, respectively) for placement on the November 2012 ballot
and every four years thereafter, subject of course to U.S. DOJ pre-clearance. (Exhibit 9 at pp.
4-5.) The Board designated Zones 1, 4, and 5 for election in November 2014 and every four
years thereafter, and directed pre-clearance be sought from the U.S. DOJ as soon as possible
for its decision to go to zone elections and its related implementation plan in time to get Zones 2
and 3 on the November 2012 ballot. (Id. at pp. 5-6.) The Board also designated its counsel to
communicate and act as its representative in communication with the U.S. DOJ. (Id.)
Thus, the Board conducted a lengthy open and public process to gather data, investigate, and
decide that it was prudent to go from at-large elections to zone elections for the selection of its
five (5) member Board.
F.
A statement that the change has not yet been enforced or administered, or
an explanation of why such a statement cannot be made.
Monterey County is subject to Section 5 of the Voting Rights Act. Because SVMHS is in
Monterey County, SVMHS cannot change its voting procedures until the proposed change is
reviewed and pre-cleared by the U.S. Department of Justice. SVMHS understands that it can
obtain this required pre-clearance by submitting its proposed change to zone elections and
related implementation plan to the United States Attorney General, who will issue a decision
within 60 days. This submission seeks that pre-clearance.
G.
Where the change will affect less than the entire jurisdiction, an
explanation of the scope of the change.
The change to zone elections ultimately will affect the entire jurisdiction, but must be phased in
due to the staggered terms of SVMHS Board members.
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Department of Justice
April 5, 2012
Page 15
Two of the current five Board members' terms expire in December 2012, and therefore there are
two seats available for election by zone in the November, 2012 general election. The terms of
the other three current Board members expire in December of 2014, and therefore SVMHS
proposes that these three seats be elected by zone in November of 2014.
As the total population of the SVMHS district is 69.4 percent Latino and 64.0 percent Latino in
VAP according to the 2010 U.S. Census of Population, the standard for measuring retrogression
in the plan begins with those benchmarks. In addition, the whole district has an estimated
Latino CVAP of 44.95 percent.
Three of the five zones in the SVMHS Board plan have Latino populations exceeding 75% in
total population, have Latino VAPs higher than 70% in population 18 years or older, and have
Latino Citizen Voting Age Population,(CVAP) percentages of more than 50%. Proposed Zones
2(63.19%)and 3(64.03%)have the highest percentage Latino citizen population .of voting age.
Zone 5(56.85%)is the next highest, with Zones 1 and 4 each being under 50%. No seated
Board member currently resides in Zone 2 or Zone 3. One Board Member (Patrick Egan),
whose term is up in December 2012 and is not a member of a protected class, lives Zone 5.
Another Board Member(Nathan Olivos), whose term is up in December 2012, does not live in
Zones 2, 3, or 5, and is Latino.
in
The SVMHS Board has determined that the two zones with the highest Latino populations, VAP,
and CVAP should be on the ballot in November of 2012. Thus, the Board has resolved that
Proposed Zone 2(63.19% Latino CVAP) and Zone 3(64.03% Latino CVAP), which have the
highest percentages of estimated Latino citizen population of voting age, shall be the first zones
to elect members of the Board of Directors in November of 2012, and shall do so every four
years thereafter. Elections of directors from Zone 1, Zone 4, and Zone 5 would begin with the
general election of November 2014 and occur every four years thereafter.
H.
A statement of the reasons for the change.
The SVMHS Board of Directors endeavors to be a body that is responsive to the community it
serves. Thus, when it received two separate inquiries advocating a move to zone elections from
the current at large system, the Board embarked on an open and public process to study
whether a move to zone elections would be appropriate, and whether those in its service area
desired such a change. After setting up the Electoral Advisory Committee and holding
numerous public meetings throughout the local hospital district, the Board determined that it
would converfi its at large elections system to one in which its five (5) members would be elected
from zones within the local district.
The first inquiry came by letter dated March 26, 2009, from the Lawyers' Committee for Civil
Rights in San Francisco("Lawyers' Committee"). (Exhibits 26 and 27.) The Lawyers
Committee stated that it understood that SVMHS had an at-large system for electing its Board
of Directors and that it had reason to believe that voting in such a system might result in vote
dilution for Latino voters. (Id.) To defer a decision regarding litigation, the Lawyers' Committee
and SVMHS agreed to retain a statistician jointly to determine whether voting patterns in Board
member elections demonstrated racial polarization. Thus, the parties retained Q2 Data
Research in Berkeley, California("Q2") to conduct an analysis. The Lawyers' Committee also
4238707.1
Chief, Voting Section
Department of Justice.
April 5, 2012
Page 16
requested analysis of voting patterns for voters in the service area in statewide elections and
ballot measures.
The Lawyers' Committee and SVMHS disagreed as to whether the results of SVMHS Board
elections showed any racial polarization. (Exhibit 33.) This was especially so given that there
had been a Latino on the Board for the better part of the last four decades and no Latino who
had ever run for the Board had ever lost an election. Ben Lopez, a Latino, was elected in 1974
and 1978 and he was followed on the Board in 1982 by Nathan Olivos, a Latino. In two
contested recent SVMHS in which Nathan Olivos competed (1996 and 2008), the Q2 research
shows very little difference in Latino and non-Latino support for Olivos as estimated using the
King Ecological Inference (EI) technique at the voting precinct level of analysis. Olivos was
reelected in both those elections.
In any case, because the issue had been raised, the Board decided to study it further. The
Board is charged with managing SVMHS to maximize efficiency and ensure delivery of quality
health care in the health care district it serves. To fulfill its charge, the.Board wanted to be as
responsive a body as possible to the needs of those in its service area, and recognized that
voter participation is of the utmost importance. To best represent the interests and wishes of its
audience, the Board wanted to encourage the fullest voter participation and voter education in
elections of Board members. These measures would give the community confidence in the
Board and in the process to elect its members.
The second inquiry came in early 2011 from a group within the community. Beginning in
January of 2011, a community group, the "Community Coalition for Fairness, Equality, and
Justice for All,"("CFEJ") raised the issue of zone elections with the Board. (Exhibit 28(CFEJ
1/20/11 letter).) CFEJ strongly suggested in writing that the Board move from at-large to zone
elections, because CFEJ alleged that Latinos in the service area had not been able to elect
Board members of their choice. (Id.)
To ensure that it was responsive to its constituency, the Board then embarked on an open,
public, and transparent process to study whether the at-large electoral process for Board
members was effective or whether zone elections should be implemented. That process, as
described above, included the creation of the seven (7) member Electoral Advisory Committee,
dozens of public meetings, hearings, and town hall meetings, and the retention of a
demographer.
Through that open and transparent public process, the Board determined that a move to zone
elections was warranted to best reflect the needs and desires of those in its service area.
A statement of the anticipated effect of the change on members of racial or
language minority groups. In addition, per §51.28(h), include the names,
addresses, daytime telephone numbers, and organizational affiliation (if
any) of racial and language minority group members residing in the
jurisdiction who can be expected to be familiar with the proposed change
or who have been active in the political process.
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Chief, Voting Section
Department of Justice
April 5, 2012
Page 17
The 2010 Latino total population percentage for SVMHS's service area is 69.4 percent, the
Latino VAP percentage is 64.0 percent and the Latino CVAP percentage is 44.95 percent. The
move to zone elections, and the creation of three zones with percentage Latino CVAP of greater
than 50% (Zone 2(63.19%), Zone 3(64.03%), and Zone 5(56.35°/o)), is expected to enable
Latino voters in the service area to have a greater opportunity to elect members of their choice
in elections for SVMHS Board members than under the current at-large system and does not
retrogress in the opportunity for Latino voters to elect when compared to the at-large
benchmark. Latino persons in the estimated CVAP will constitute a majority of CVAP three of
five zones, or 60 percent of the seats on the district board. Moreover, in selecting Zone 2 and
Zone 3 for the November 2012 ballot, the two zones with the highest Latino CVAP percentages,
the Board's intention is to move as quickly as practicable to improve the likelihood that Latino
voters in the service area can elect Board members of their choice. Finally, given that the
November 2012 General Election is a Presidential Election (and not the Gubernatorial cycle), It
is expected that Latino turnout will be at its highest. This prospect further ensures that Latino
voters will be able to elect candidates of their choice to serve on the Board of Directors.
Thus, the revised electoral system is non-retrogressive in the opportunity for Latino voters to
elect candidates of choice to the SVMHS Board. In addition, compared to the current
representation of one Latino member on the board, the adopted plan is likely to elect to two
candidates of choice of Latino voters this coming November and to elect a third candidate of
choice in the November 2014 general election.
The following individuals likely are familiar with the proposed changed and/ or have been active
in the political process.
Name and Affiliate
Address &Telephone Number
Jim Gattis
SVMHS Board President
13085 Paseo Barranco
Salinas, CA 93908
(831)757-4566(wk)
(831) 229-7825 (cell)
(831)484-1306(home)
Deborah Nelson
SVMHS Board Member
25425 Markham Lane
Salinas, CA 93908
(831) 594-6966 (cell)
(831)484-1017(home)
Patrick Egan
SVMHS Board Member, and
Chair, Electoral Advisory Committee
1602 Bologna Court
Salinas, CA 93905
(831)796-7636(wk)
(831) 214-6194 (cell)
(831)758-2312(home)
Harry Wardwell
SVMHS Board Member, and
Member, Electoral Advisory Committee
26169 Legends Court
Salinas, CA 93908
(831)737-1446 (wk)
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Department of Justice
April 5, 2012
Page 18
(831)901-5714 (cell)
(831)455-9444(home)
Nathan Olivos
SVMHS Board Member
70 Paseo De Vaqueros
Salinas, CA 93908
(831)755-8231 (wk)
(831)710-1663 (cell)
(831)484-9179(home)
Tom Bryan
Member, Electoral Advisory Committee
730 Sierra Madre Drive
Salinas, CA 93901
(831)676-9050
Lourdes Escolta
Member, Electoral Advisory Committee
9 Arguello Circle
Salinas, CA 93907
(831) 757-4333 Ext. 2997(wk)
Albert Fong
Member, Electoral-Advisory Committee
653 Santa Cruz Avenue
Salinas, CA 93901
(831)769-9009
(831) 320-1888 (cell)
Dr. Christine Ponzio
Member, Electoral Advisory Committee
1007 Iverson Circle
Salinas, CA 93901
(831)675-3601 (office)
(831) 595-2879 (cell)
Sally Pruneda
Member, Electoral Advisory Committee
10743 Country Meadows Road
Salinas, CA 93907
(831)449-3506
David Serena
Redistricting Committee Chair,
Community Coalition for Fairness, Equality
and Justice for All
1477 Madrone Drive
Salinas, CA 93905
(831) 585-0070
~emetrio Pruneda
President, Community Coalition for Fairness,
Equality and Justice for All
10743 Country Meadows Road
Salinas, CA 93907
(831)449-3506
Robert Rubin
Lawyers' Committee for Civil Rights
in San Francisco
131 Steuart Street, Suite 400
San Francisco, CA 94105
(415)543-9444 (wk)
Kimon Manolius
Hanson Bridgett LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
(415)995-5841
4238707.1
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Department of Justice
April 5, 2012
Page 19
Prof. Ronald E. Weber
Demographer, Expert
1333 Gough Street, Apt. 12D
San Francisco, CA 94109
(415) 359-9479(home)
(503)688-6701(cell)
Matt Rexroad
Meridian Pacific Inc.
Demographer, Expert
925 University Avenue
Sacramento, CA 95825
(916)648-1222(wk)
Demographic Information.
J.
(1)
Total and voting age population of the affected area before and after the
change, by race and language group.
See Section C, p. 5, for. a breakdown of the SVMHS district for total
population and voting age population as of April 1, 2010.
(2)
Number of registered voters for the affected area by voting precinct before
and after the change, by race and language group.
The Monterey County Registrar of Voters does not have and does not
maintain information concerning the actual number of registered voters by
voting precinct by race and language group because California law does not
provide for racking voters by race or ethnicity.
(3)
Any estimates of population, by race and language group, made in
connection with the adoption of the change.
No estimate of population by race, ethnicity, language group or otherwise,
were made in connection with the adoption of the plan.
(4)
Demographic data provided on magnetic media shall be based upon the
Bureau of the Census Public Law 94-171 file unique block identity code of
state, county, tract, and block.
Appropriate media accompanies this submittal. (Exhibit 37.) Demographic
data for the SVMHS adopted plan as well as the two alternative plans
considered by the Electoral Advisory Committee and the SVMHS Board of
Directors are contained on p. 2 of the following electronic files contained on
the CD in Exhibit 37: SVMHD_Final_PIan.PDF, SVMHD_OptA.PDF, and
SVMHD_OptB.PDF; see also, Exhibit 30 (Maps).
(5)
Demographic data on electronic media that are provided in conjunction with a
redistricting plan shall be contained in an ASCII, comma delimited block
equivalency import file with two fields as detailed in the following table. A
separate import file shall accompany each redistricting plan:
4238707.1
Chief, Voting Section
Department of Justice
April 5, 2012
Page 20
Field No.
1
2
Description
PI94-171 reference
District Number
Total length
15
3
Comments
No leading zones
(i)
Field 1: The P~ 94-171/GE01 D10 reference number is the state,
county, tract, and book reference numbers concatenated together and
padded with leading zeroes so as to create a 15-digit character field;
and
(ii)
Field 2: The district number is a 3 digit character field with no padded
leading zeroes.
Example: 4829795001002099, 1 482979501002100, 3 482979501004301,
10 482975010004305,23
Appropriate media accompanies this submittal. (Exhibit 37.)
(6)
Demographic data an magnetic media that are provided in conjunction with a
redistricting can be provided in a shapefile (.shp) spatial data format.
(i)
The shapefile shall include at a minimum the main file, index file, and
dBASE table.
(ii)
The dBASE table shall contain a row for each census block. Each
census block will be identified by the state, county, tract and block
identifier [GEOID10] as specified by the Bureau of Census. Each row
shall identify the district assignment and relevant population for that
specific row.
(iii) The sharefile should include a projection file (.prl).
(iv) The shapefile should be sent in NAD 83 geographic projection. If
another projection is used, it should be described fully.
Appropriate media accompanies this submittal. (Exhibit 37.)
Maps:
K.
Where any change is made that revises the constituency that elects any office or affects the
boundaries of any geographic unit ar units defined or employed for voting purposes (e.g.,
redistricting, annexation, change from district to at-large elections) or that changes voting
precinct boundaries, polling place locations, or voter registration sites, maps in duplicate of the
area to be affected, containing the following information:
(1)
The prior and new boundaries of the voting unit or units.
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Chief, Voting Section
Department of Justice
April 5, 2012
Page 21
A map of the adopted redistricting plan for the SVMHS Board of Directors is
contained in the electronic file titled SVMHD Final PIan.PDF on the CD
included in Exhibit 37. Maps of the two alternative plans considered by the
Electoral Advisory Committee and the SVMHS Board of Directors are
contained in the two electronic files titled SVMHS_OptA.PDF and
SVMHD_OptB.PDF on the CD included in Exhibit 37. (See also, Exhibit 30
(maps).)
(2)
The prior and new boundaries of voting precincts.
Not applicable now as the boundaries of voting precincts may be adjusted by
the Monterey County Registrar of Voters after pre-clearance of SVMHS plan,
if necessary.
(3)
The location of racial and language minority groups.
A map of _SVMHS district showing the locations of Latino population at the
census tract level is included in the electronic file titled
Salinas CT 13x19.PDF on the CD included in Exhibit 37.
(4)
Any natural boundaries geographical features that influenced the selection of
boundaries of the prior or new units.
No significant natural boundaries or geographical features within the SVMHS
district boundaries were considered in the creation of the plan.
(5)
The location of prior and new polling places.
No application now as the loeation of polling places may be changed by the
Monterey County Registrar of Voters after pre-clearance of SVMHS plan, if
necessary.
(6)
The location of prior and new voter registration sites.
Not applicable now as the location of new voter registration sites may be
changed by the Monterey County Registrar of Voters after pre-clearance of
SVMHS plan, if necessary.
Election Returns.
L.
Where a change may affect the electoral influence of a racial or language minority group,
returns of primary and general elections conducted by or in the jurisdiction, containing the
following information:
(1)
The name of each candidate.
Election returns for Salinas Valley Memorial Hospital System (SVMHS) Board
4238707.1
Chief, Voting Section
Department of Justice
April 5, 2012
Page 22
of Directors from 2000 to the present are attached as Exhibit 29A. In
addition, SVMHS includes primary and general election returns for selected
contests in which Latino candidates have competed against non-Latino
candidates for offices such as California State Senator and Representative as
well as Monterey County Board of Supervisors from 2000 to the present and
are attached as Exhibit 29B. The names of each candidate are listed at the
top of each page in the exhibit. Individuals running for the SVMHS Board of
Directors run in the November general elections, with winners determined on
a plurality basis. Individuals running for the state legislative offices compete
for party nominations in primary elections and then run in the November
general election. Individuals running for the Monterey County Board of
Supervisors compete first in the primary election, with a majority vote
required to win the offices in that election. If no candidate wins a majority
vote, the two highest vote getters compete in the November general election.
No runoff elections occurred from 2000 to 2010, as all contests were settled
in the primary election.
(2)
The race or language group of each candidate, if known. The race or
ethnicity, if known, of each candidate listed by office contested is as follows
(winning candidates are denoted with asterisks):
SVMHS Board of Directors
2000:
Wardwell* (white)
Stillwell (white)
Lesser (white)
2002:
Nelson* (white)
Wardwell* (white)
Mill'" (white)
Sawyer (white)
2004:
No election held as only two candidates sought office. Olivos
(Latino) elected without opposition.
2006:
Gattis'" (white)
Hreno (white)
Nelson* (white)
Wardwell'" (white)
2008:
Morris (white)
Yagub
Egan* (white)
Olivos* (Latino)
2070:
Wardwell* (white)
Gattis* (white)
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Scherpinski (white)
Nelson* (white)
State Senate District 12
2002 Democratic Primary:
Areias*
Flores (Latino)
2070 General:
Canella
Caballero'" (Latino)
State Senate District 15
2000 Democratic Primary:
Chavez* (Latino)
Ognyanovich
2000 General:
McPherson* (white)
Chavez (Latino)
Sachtjen
Rosenkranz
State House District 28
2000 General:
Salinas*(Latino)
Denham
Ver
Vogel
2002 General:
Salinas*(Latino)
Howard
2004 General:
Perkins
Salinas*(Latino)
2006 General:
Velazquez (Latino)
Cabellero* (Latino)
2010 Democratic Primary:
Dominguez (Latino)
Barnes
Alejo* (Latino)
2010 General:
Bernosky
Alejo* (Latino)
Monterey County Board of Supervisors, District 1
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2000 Primary:
Armenta* (Latino)
Fickas
Monterey County Board of Supervisors, District 3
2002 Primary:
(3)
Lindley (white)
Ortiz* (Latino)
The position sought by each candidate.
The position sought by each candidate is listed on the top of each box
identifying the election, as shown in Exhibits 29A and 29B.
(4)
The number of voters received by each candidate, by voting precinct.
The number of votes received by each candidate, by voting precinct, is listed
directly below the name of the candidate in Exhibits 29A and 29B.
(5)
The outcome of each contest. (See Exhibits 29A and 29B.)
(6)
The number of registered voters, by race and language group, for each voting
precinct for which election returns are furnished. Information with respect to
elections held during the last ten years will normally be sufficient.
The number of registered voters by voting precinct for each election contest
is set forth in Exhibits 29A and 29B. The Monterey County Registrar of
Voters does not have and does not maintain information concerning the
actual number of registered voters by voting precinct by race and language
group because California law does not provide for tracking voters by race or
ethnicity.
(7)
Election related data containing any of the information described above that
are provided on magnetic media shall conform to the requirements of § 51.20
(b)through (e). Election related data that cannot be accurately presented in
terms of census blocks may be identified by county and by precinct.
Election related data containing any of the information described above can
be found at Exhibits 37-21 and 37-22.
M.
Availability of submission.
Complete duplicate copies, including printout of the electronic material, of this submission are
being made available for public inspection at the following locations within Monterey County:
Clerk to the Monterey County Board of Supervisors, County of Government
Center, 168 W. Alisal Street, 1st Floor, Salinas, California 93901.
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2.
Salinas Valley Memorial Healthcare District, 450 East Romie Lane, Salinas, CA
93901-4029. (Also available on the SVMHS website: www.svmh.com.)
3.
The Monterey County Herald, 8 Upper Ragsdale Drive, Monterey, California
93940.
4.
The California, 123 W. Alisal Street, Salinas, California 93901.
5.
City of Gonzales, 147 Fourth Street, Gonzales, California 93926.
6.
City of Salinas, 200 Lincoln Avenue, Salinas, California 93901.
7.
City of Seaside, 440 Harcourt Avenue, Seaside, California 93955.
8.
City of Soledad, 248 Main Street, Soledad, California 93960.
9.
Robert Rubin, Lawyers' Committee for Civil Rights in San Francisco, 131 Steuart
Street, Suite 400, San Francisco, CA 94105.
10.
David Serena, Redistricting Committee Chair, Community Coalition for Fairness,
Equality and Justice for All, 1477 Madrone Drive, Salinas, CA 93905.
11.
Demetrio Pruneda, President, Community Coalition for Fairness, Equality and
Justice for All, 10743 Country Meadows Road, Salinas, CA 93907.
SVHMS also is sending a public notice regarding this submission to the following newspapers:
Monterey County Herald, the Californian, the King City Rustler, and EI Sol, aSpanish-language
newspaper.
N.
Minority group contacts.
For submissions from`jurisdictions having a significant minority population, the names,
addresses, telephone numbers, and organizational affiliation (if any) of racial or language
minority group members residing in the jurisdiction who can be expected to be familiar with the
proposed change or who have been active in the political process.
Please see Section I, supra.
Name and Affiliate
Address &Telephone Number
Nathan Olivos
SVMHS Board Member
70 Paseo De Vaqueros
Salinas, CA 93908
(831) 755-8231 (wk)
(831) 710-1663 (cell)
(831)484-9179(home)
Lourdes Escolta
9 Arguello Circle
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Member, Electoral Advisory Committee
Salinas, CA 93907
(831) 757-4333 Ext. 2997 (wk)
Albert Fong
Member, Electoral Advisory Committee
653 Santa Cruz Avenue
Salinas, CA 93901
(831) 769-9009
(831) 320-1888 (cell)
Dr. Christine Ponzio
Member, Electoral Advisory Committee
1007 Iverson Circle
Salinas, CA 93901
(831)675-3601 (office)
(831) 595-2879 (cell)
Sally Pruneda
Member, Electoral Advisory Committee
10743 Country Meadows Road
Salinas, CA 93907
(831)449-3506
David Serena
Redistricting Committee Chair,
Community Coalition for Fairness, Equality
and Justice for All
1477 Madrone Drive
Salinas, CA 93905
(831) 585-0070
Demetrio Pruneda
President, Community Coalition for Fairness,
Equality and Justice for All
10743 Country Meadows Road
Salinas, CA 93907
(831)449-3506
III.
EXHIBITS
STATUTORY AUTHORITY
Health &Safety Code section 32100, et seq.
ORDINANCES
2.
3.
4.
5.
6.
7.
8.
9.
July 27, 1947 County of Monterey Resolution
2011-04 (March 3, 2011)
2011-06 (April 21, 2011)
2011-10(May 19, 2011)
2011-11 (May 19, 2011)
2011-22(November 17, 2011)
2012-01 (February 23, 2012)
2012-03(March 7, 2012)
BOARD MEETING MINUTES
10.
11.
March 3, 2011 Board Meeting Relevant Minutes
March 17, 2011 Board Meeting Relevant Minutes
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12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
April 21, 2011 Board Meeting Relevant Minutes
May 19, 2011 Board Meeting Relevant Minutes
Electoral Advisory Committee Minutes, July 18, 2011
Electoral Advisory Committee Minutes, August 1, 2011
Electoral Advisory Committee Minutes, August 22, 2011
Electoral Advisory Committee Minutes, September 13, 2011
Electoral Advisory Committee Minutes, October 17, 2011
Electoral Advisory Committee Minutes, November 9, 2011
November 17, 2011 Board Meeting Relevant Minutes
Electoral Advisory Committee Minutes, December 12, 2011
Electoral Advisory Committee Minutes, January 9, 2012
Electoral Advisory Committee Minutes, January 30, 2012
February 23, 2012 Board Meeting Relevant Minutes
March 7, 2012 Board Meeting Relevant Minutes
LETTERS FROM 3rd PARTIES
26.
27.
28.
March 26, 2009 Letter from Lawyers' Committee for Civil Rights
July 12, 2010 Letter from Lawyers' Committee for Civil Rights
January 20, 2011 Meeting Minutes and Coalition for Fairness, Equality and Justice for
All Letter
ELECTION RETURNS
29.
Election Returns
A. Election for SVMHS Board of Directors
B. Other Elections
MAPS
30.
Redistricting Maps
EXPERT MATERIAL
31.
32.
33.
34.
Ronald Weber CV
Matt Rexroad CV
Q2 Report
Redistricting Partners Report
•
35.
36.
Advertisements to Encourage Public Participation
Printout related to Exhibit J (Maps, Demographic Information)
SECTION J EXHIBITS
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37.
CD Containing Electronic Information for Section J
1 — SALINAS HOSPITAL BLOCKEQUIV.DCC This block equivalency file is that
referenced at J. (5) of the submission and contains the DCC file for the plan adopted by
the Salinas Valley Memorial Hospital System Board of Directors.
2 — SALINAS HOSPITAL_BLOCKEQUIV.txt This block equivalency file is that
referenced at J. (5) of the submission and contains the txt file for the plan adopted by the
Salinas Valley Memorial Hospital System Board of Directors.
3 — SALINAS_HOSPITAL_ccblock_DEMOGRAPHICS.DCC This file is that referenced
at J. (4) of the submission and contains at the Census block level the DCC demographic
data file for each block employed by Redistricting Partners in the demographic work for
the Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
4 — SALINAS_HOSPITAL_ccblock_DEMOGRAPHICS.txt This file is that referenced at
J. (4) of the submission and contains at the Census block level the txt demographic data
file for each block employed by Redistricting Partners in the demographic work for the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
5 — SALINAS_HOSPITAL_OPTA_BLOCKEQUIV.DCC This block equivalency file is
that referenced at J.(5) of the submission and contains the DCC file for the Option A
Plan considered by the Salinas Valley Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
6 — SALINAS HOSPITAL_OPTA_BLOCKEQUIV.txt This block equivalency file is that
referenced at J. (5) of the submission and contains the txt file for the Option A Plan
considered by the Salinas Valley Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
7 — SALINAS HOSPITAL_OPTA_SHAPEFILE.DBF This shapefile is that referenced at
J. (6) of the submission and contains the DBF file for the Option A plan considered by
the Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
8 — SALINAS HOSPITAL_OPTA SHAPEFILE.prj This shapefile is that referenced at J.
(6) of the submission and contains the prj file for the Option A plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
9 — SALINAS_HOSPITAL_OPTA_SHAPEFILE.shp This shapefile is that referenced at
J. (6) of the submission and contains the shp file for the Option A plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
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10 — SALINAS HOSPITAL_OPTA SHAPEFILE.shx This shapefile is that referenced at
J. (6) of the submission and contains the shx file for the Option A plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
11 — SALINAS HOSPITAL_OPTB BLOCKEQUIV.DCC This block equivalency file is
that referenced at J. (5) of the submission and contains the DCC file for the Option B
Plan considered by the Salinas Vailey Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
12 — SALINAS HOSPITAL OPTB BLOCKEQUIV.txt This block equivalency file is that
referenced at J. (5) of the submission and contains the txt file for the Option B Plan
considered by the Salinas Valley Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
13 — SALINAS_HOSPITAL_OPTB SHAPEFILE.DBF This shapefile is that referenced
at J. (6) of the submission and contains the DBF file for the Option B plan considered by
the Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
14 — SALINAS_HOSPITAL_OPTB_SHAPEFILE.prj This shapefile is that referenced at
J. (6) of the submission and contains the prj file for the Option B plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
15 — SALINAS_HOSPITAL_OPTB SHAPEFILE.shp This shapefile is that referenced at
J.(6) of the submission and contains the shp file for the Option B plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
16 — SALINAS HOSPITAL_OPTB SHAPEFILE.shx This shapefile is that referenced at
J. (6) of the submission and contains the shx file for the Option B plan considered by the
Salinas Valley Memorial Hospital System Electoral Advisory Committee and Board of
Directors.
17 — SALINAS_HOSPITAL_SHAPEFILE.DBF This shapefile is that referenced at J. (6)
of the submission and contains the DBF file for the plan adopted by the Salinas Valley
Memorial Hospital System Board of Directors.
18 — SALINAS_HOSPITAL_SHAPEFILE.prj This shapefile is that referenced at J. (6) of
the submission and contains the prj file for the plan adopted by the Salinas Valley
Memorial Hospital System Board of Directors.
19 — SALINAS_HOSPITAL_SHAPEFILE.shp This shapefile is that referenced at J. (6)
of the submission and contains the shp file for the plan adopted by the Salinas Valley
Memorial Hospital System Board of Directors.
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20 — SALINAS HOSPITAL SHAPEFILE.shx This shapefile is that referenced at J. (6)
of the submission and contains the shx file for the plan adopted by the Salinas Valley
Memorial Hospital System Board of Directors.
21 - SalinasHospital_RPV Data.DCC This file contains the DCC file for the data
employed by Redistricting Partners to conduct the racial polarization in voting analyses
as reported in Exhibit 34.
22 — SalinasHospital_RPV_Data.txt This file contains the txt file for the data employed
by Redistricting Partners to conduct the racial polarization in voting analyses as reported
in Exhibit 34.
23 — CVRA Analysis SVMHC.PDF This file contains the report produced by
Redistricting Partners discussing possible racial polarization in voting within the at-large
jurisdiction of the Salinas Valley Memorial Hospital District as referenced in paragraph E
(2), p. 10, and in Exhibit
34 of the submission.
24 — Salinas CT2_13x19.pdf This file contains the maps of the SVMNS jurisdiction
showing Latino concentrations of population as well as municipal boundaries and street
names as referenced at Exhibit 30(d) of the submission.
25 — SALINAS HOSPITAL DISTRICT DEMOGRAPHICS.CSV This file contains the
2010 Census of Population demographics by Zone for the plan adopted by the Salinas
Valley Memorial Hospital System Board of Directors.
26 — SALINAS HOSPITAL OPTA DISTRICT DEMOGRAPHICS.CSV This file
contains the 2010 Census of Population demographics by Zone for the Option A plan
considered by the Salinas Valley Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
27 — SALINAS HOSPITAL OPTS DISTRICT DEMOGRAPHICS.CSV This file
contains the 2010 Census of Population demographics by Zone for the Option B plan
considered by the Salinas Valley Memorial Hospital System Electoral Advisory
Committee and Board of Directors.
28 — SVMH VERSION1.mp3 Audio MP3 file containing announcement of a public
meeting of the Electoral Advisory Committee.
29 — SVMHD_Final_Plan.pdf This file contains the maps for the adopted plan of the
Salinas Valley Memorial Hospital System Board of Directors.
30 — SVMHD_OPTA.PDF This file contains the maps for the Option A plan considered
by the Salinas Valley Memorial Hospital System Electoral Advisory Committee and
Board of Directors.
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31 - SVMHD OPTB.PDF This file contains the maps for the Option B plan considered
by the Salinas Valley Memorial Hospital System Electoral Advisory Committee and
Board of Directors.
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