City of Santa Paula settles DOJ lawsuit

August 31, 2001
Santa Paula News

The settlement of the lawsuit filed by the U.S. Department of Justice against the city came after a brief 35 minute Council meeting that resulted in the unanimous decision to let voters decide whether or not to maintain at-large elections or switch to voting districts.

By Peggy KellySanta Paula TimesThe settlement of the lawsuit filed by the U.S. Department of Justice against the city came after a brief 35 minute Council meeting that resulted in the unanimous decision to let voters decide whether or not to maintain at-large elections or switch to voting districts.The next step will be for the council to decide which alternative will be offered to voters in November 2002: five single-member districts, four single-member districts with a citywide mayoral election or two two-member districts with a citywide mayor. The first alternative was what was urged by the DOJ before they filed the lawsuit in April 2000, alleging that the city’s at-large voting system violated the Voting Rights Act and prevented Latinos from fair representation on the City Council. The last alternative would need the approval of the state legislature.When the council returned from the closed session, Mayor Don Johnson announced that after a failed 3-2 motion by Councilman John Procter to put off the council vote on settling the lawsuit until Sept. 5, the full council had agreed to the settlement and stipulation of facts.Councilwoman Laura Flores Espinosa, during the discussion of future agenda items, made a motion to allocate $50,000 for “educational workshops on the importance of voting, non-partisan registration drives and workshops on what districting is all about, pros and cons. . .”“Is that going to be enough?” asked Johnson. “If it’s more than that,” funding can be obtained.The full council supported Espinosa’s request.
“I thought the public was entitled to have some input, so they could weigh in,” on the settlement, Procter said later of his closed session motion to delay the vote. But, overall, the settlement is, “Quite a relief, even though I think it’s good news, bad news; I’m happy that it was a unanimous decision,” but the issue is still unresolved until voters decide whether or not to switch to some form of district voting.“It was a great consensus, this meeting was very positive,” said Espinosa, who had supported the DOJ’s initial request for five-districts of voters. “I think it’s a positive step for the community and the council,” that could have been accomplished through more timely negotiations, she noted.Having voters decide on whether or not to switch to member district was the “Original offer to the DOJ from day one,” said Johnson.Stacks of studies turned the tide, he added, revealing that 52 percent of the city’s Latinos “hold the voting majority and do have the ability to elect the candidates. “Based on the numbers,” including the Latino majorities on the area’s two largest school district boards, the DOJ “decided to dismiss the lawsuit and put it to the voters. I’m very pleased we got to this point but very unhappy that we were forced to spend over $500,000 [on legal costs], and it will be more,” when the costs are finalized.The settlement of the lawsuit does not prevent reinstatement of same by the DOJ in the future, and both sides agreed to a stipulation of undisputed facts. The settlement agreement notes that nothing in it should be construed as an admission of liability by the city or an admission by the DOJ that the at-large method of electing the City Council does not violate the Voting Rights Act.The DOJ began investigating Santa Paula in 1998, when Espinosa was the only Latina on the council. Ray Luna was elected to the council last year in the same election that saw the passage of Measure I, a slow-growth initiative that blocked annexation and development of Adams Canyon. The proposal to develop mostly expensive homes Adams Canyon was cited by some opponents - an allegation echoed by the DOJ - as a way to further shrink Latino political power.



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