Section 5.1: Redistricting Commission
The members of the City Council shall be elected by districts.
Subject to the provisions of the City Charter relating to referendum and initiative powers of the people, the sole and exclusive authority to adopt plans which specify the boundaries of districts for the City Council is vested in the Redistricting Commission, to be established by this Section.
Commencing in the year following the year in which the Federal Decennial Census is taken at the beginning of each decade, the Redistricting Commission shall adopt plans that redistrict the City into nine Council districts designated by numbers 1 to 9, inclusive. Those districts shall be used for all elections of Council members, including their recall, and for filling any vacancy in the office of member of the Council (and until new districts are established).
No change in the boundary or location of any district by redistricting as herein provided shall operate to abolish or terminate the term of office of any member of the Council prior to the expiration of the term of office for which such member was elected. Districts formed by the Redistricting Commission shall each contain, as nearly as practicable, one-ninth of the total population of the City as shown by the Federal Decennial Census immediately preceding such formation of districts.
Each redistricting plan shall provide fair and effective representation for all citizens of the City, including racial, ethnic, and language minorities, and be in conformance with the requirements of the United States Constitution and federal statutes.
To the extent it is practical to do so, districts shall: preserve identifiable communities of interest; be geographically compact - populous contiguous territory shall not be bypassed to reach distant populous areas; be composed of whole census units as developed by the United States Bureau of the Census; be composed of contiguous territory with reasonable access between population centers in the district; and not be drawn for the purpose of advantaging or protecting incumbents.
The Redistricting Commission shall be composed of nine members who shall be appointed by a panel of three retired judges who served in any of the following courts: the Superior Court of the State of California, an appellate court of the State of California, or a U.S. District Court located within California. Names of the retired judges willing to serve will be submitted to the City Clerk and drawn at random by the City Clerk, using procedures for judicial nominees and appointees as set forth in the San Diego Municipal Code. The City Clerk shall also draw at random the name of one additional retired judge to be designated as an alternate, who will be appointed to serve on the panel if another member is unable or unwilling to serve. The term “Appointing Authority,” as used herein below, shall refer to the panel of retired judges acting to appoint the Redistricting Commission pursuant to the provisions of this paragraph.
The City Clerk shall solicit nominations for appointment to the Redistricting Commission in accordance with this Section and shall distribute to the news media the announcement of a sixty-day nomination period (which shall commence on May 1 of every year in which a Federal Decennial Census is taken) and the guidelines for selection of Commission members.
Individuals or organizations desiring to nominate persons for appointment to the Commission shall submit application materials to the City Clerk within the nominating period, using procedures set forth in the San Diego Municipal Code.
The City Clerk shall transmit the names and information regarding all nominees with the names of nominating individuals and organizations to the Appointing Authority immediately upon the close of nominations.
After receiving Commission member applications from the City Clerk, the three members of the Appointing Authority shall hold a public meeting to appoint the nine Commission members and two alternates. The public meeting shall be held as promptly as possible to ensure the appointments are timely made. The Appointing Authority shall appoint the members constituting the Commission no later than November 1 of every year in which a Federal Decennial Census is taken.
In the event that a complete panel of three retired judges is unable or unwilling to serve as the Appointing Authority, the City Clerk will serve as the Appointing Authority. The City Clerk will conduct a ministerial review of Commission member applications to determine which persons are qualified to serve, using the requirements of this Charter and procedures set forth in the San Diego Municipal Code. After all qualified applicants are identified and notified, the City Clerk will randomly select the Commission members and alternates from the pool of qualified applications in a public place.
The Appointing Authority shall appoint members who will give the Redistricting Commission geographic, social and ethnic diversity, and who, in the Appointing Authority’s judgement, have a high degree of competency to carry out the responsibilities of the Commission. The appointees shall include individuals with a demonstrated capacity to serve with impartiality in a nonpartisan role.
The Appointing Authority shall attempt to appoint one Commission member from each of the nine Council districts to the extent practicable, given the other requirements of this Charter Section, and considering the extent of the applicant pool and an individual’s qualifications to serve. The Appointing Authority shall also attempt to appoint Commission members who possess working knowledge of the geography and neighborhoods of The City of San Diego.
Each member of the Commission shall be registered to vote in The City of San Diego.
The Appointing Authority shall also appoint two alternate Commission members from the same applicant pool, who will be available to serve if a Commission member cannot serve or resigns. The alternates shall have a duty to remain informed of Commission business so they are prepared to serve if called upon to do so.
Persons who accept appointment as members of the Commission, at the time of their appointment, shall file a written declaration with the City Clerk stating that within five years of the Commission’s adoption of a final redistricting plan, they will not seek election to a San Diego City public office. Alternates shall sign the declaration if and when they become members of the Commission.
The members of the Redistricting Commission, and the alternates, shall serve until the redistricting plan adopted by the Commission becomes effective and the referendary deadline for the Final Redistricting Plan has passed. If the Final Redistricting Plan is rejected by referendum or by a legal challenge, members of the Commission shall resume their service and shall create a new plan pursuant to the criteria set forth in Sections 5 and 5.1.
Within thirty days after the Commission members are appointed, the Commission shall hold its first meeting at a time and place designated by the City Clerk.
Within sixty days after the Commission members are appointed, the Commission shall adopt a budget and submit it to the Appointing Authority. If approved, the budget shall be forwarded to the City Council for its prompt consideration. The City Council shall appropriate funds to the Commission and to the City Clerk adequate to carry out their duties under this Section.
All Commission meetings shall be open to the public and Commission records, data and plans shall be available, at no charge, for public inspection during normal business hours in the office of the City Clerk. Copies of records and plans shall be provided, for a reasonable fee, to any interested person.
The Commission shall elect a chair and a vice chair and shall employ a chief of staff, who shall serve at the Commission’s pleasure, exempt from Civil Service, and shall contract for needed staff, technical consultants and services, using existing City staff to the extent possible.
Aye votes by six members of the Commission shall be required for the appointment of its chief of staff, the election of its chair, and the adoption of the Final Redistricting Plan. A majority vote of the Commission shall be required for all other actions. A majority of the entire Commission shall constitute a quorum for the transaction of business or exercise of any power of the Commission.
The Commission shall make every reasonable effort to afford maximum public access to its proceedings. It shall solicit public comment and shall hold at least nine public hearings in various geographic areas of the City before the preparation of a preliminary redistricting plan.
At least thirty days prior to the adoption of a final plan, the Commission shall file a preliminary plan with the City Clerk, along with a written statement of findings and reasons for adoption, which shall include the criteria employed in the process and a full analysis and explanation of decisions made by the Commission.
During the thirty day period after such filing, the Commission shall hold at least five public hearings in various geographic areas of the City before it adopts a final plan. The Final Redistricting Plan shall be effective thirty days after adoption by the Commission and shall be subject to the right of referendum in the same manner as are ordinances of the City Council. If rejected by referendum, the same Commission shall be empaneled to create a new plan pursuant to the criteria set forth in Sections 5 and 5.1.
The Final Redistricting Plan document, including all maps, will be final as set forth herein; however, the boundaries of the Council districts in the Final Redistricting Plan shall not be adjusted and effective until after the next regularly scheduled general election for Council seats following the redistricting.
If any part of these amendments to Sections 4, 5, or 5.1 of the Charter or their application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications which reasonably can be given effect without the invalid provision or application.
(Addition voted 06-02-1992; effective 07-13-1992.)
(Amendment voted 06-08-2010; effective 07-30-2010.)
(Amendment voted 06-07-2016; effective 07-18-2016.)
