California Fifth Appellate District Judge Rebecca A. Wiseman's Ruling
By ADAM ASHTON BEE STAFF WRITER Last Updated: January 19, 2007, 04:46:25 AM PST Source: Modesto Bee
Latino leaders on Thursday urged Modesto officials to stop fighting election reforms in court and start moving toward district races for City Council seats.
"Rather than have an elec-toral system that preserves the status quo since the 1800s, we can move up to the 21st century and at least have … quality representation on the City Council," said attorney Armando Flores.
He spoke at a packed El Concilio forum, where a panel of Modesto officials and district election supporters discussed the merits of changing Modesto's at-large City Council races.
They came together in response to three ongoing efforts that could lead to election changes:
A 2004 lawsuit brought against the city by three Latinos who claim citywide elections dilute minority votes
A review of city election laws by Modesto's Charter Review Committee, which is expected to issue a report to the council later this year
An initiative led by former Mayor Carmen Sabatino to put a measure mandating district elections on the November ballot
Sabatino and Latinos who attended the forum said Modesto is ready for another vote on district elections even though a measure that would have implemented them failed in 2001 by a margin of 66 percent to 33 percent.
"The possibility of the voters supporting district elections is much greater than it was a few years ago," Flores said.
Most of the 75 people in the audience, which included representatives from the National Association for the Advancement of Colored People as well as taxpayer and veteran organizations, clearly backed district elections. Several of them told panelists that at-large elections focus the council's attention on white neighborhoods east of Highway 99 and exclude candidates who cannot raise enough money for a citywide race. All of Modesto's seven council members live east of the highway.
Audience members grilled Councilman Brad Hawn and City Attorney Susana Alcala Wood, peppering them with questions about why the council this month voted to fight the Latino lawsuit. A state court in December sided with the Latino group, but the council voted to appeal that decision to the California Supreme Court.
Hawn said his vote had nothing to do with his stance on district elections. He said the Latino lawsuit would overrule the city's charter, which says changes to election laws must go before voters.
"I represent the citizens of Modesto who put that charter in place," Hawn said.
Wood took heat when she said she didn't know how much the city has spent defending its election law. Taxpayer watchdogs asked for the figure at a council meeting earlier this month, and The Bee filed a public records request this fall seeking the city's legal bills for the case. Wood denied The Bee's request, claiming attorney-client confidentiality.
Robert Rubin, the civil rights attorney representing the Latino group, said his fees exceed $1 million. If Rubin's clients win, the city might have to pay his fees.
Hawn offered the forum's only defense for citywide elections, telling the audience he feared district races could result in "fiefdoms" where representatives ignore Modesto's larger interests.
Remarks such as those led several people to accuse council members of fighting election reforms to protect their political interests.
Hawn described himself as neutral on district elections. At one point, he threw his hands in the air and said, "I am not against district elections."
Some in the audience said district elections would bring more ethnic diversity to the all-white council. Latinos, for example, make up nearly 30 percent of the city but only one — Balvino Irizarry — has won a council election in nearly 100 years.
But others backed district elections as a means to limit the power of developers who cut big checks to council candidates. They also said more people would get involved in city politics if they knew their representatives lived nearby.
"This is about everyone being involved in the system," said talk radio host Bill Mick.
City officials on the panel encouraged people in the audience to get involved with the Charter Review Committee, which is expected to hold two more meetings on district elections in coming months.
Committee Chairman George Petrulakis said the group's remaining meetings are open to the public. He said the group is preparing a report on the assumption that the council wants recommendations it can put on the November ballot.
Bee staff writer Adam Ashton can be reached at 578-2366 or
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