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75A - PH WARD RE-BOUNDARIES
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75A - PH WARD RE-BOUNDARIES
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10/11/2018 6:36:05 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
75A
Date
10/16/2018
Destruction Year
2023
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(3) "Political subdivision" has the same meaning as set forth in subdivision (c) <br />of Section 14026. <br />(e) (1) Before commencing an action to enforce Sections 14027 and 14028, a <br />prospective plaintiff shall send by certified mail a written notice to the clerk of the <br />political subdivision against which the action would be brought asserting that the <br />political subdivision's method of conducting elections may violate the California Voting <br />Rights Act of 2001. <br />(2) A prospective plaintiff shall not commence an action to enforce Sections <br />14027 and 14028 within 45 days of the political subdivision's receipt of the <br />written notice described in paragraph (1). <br />(3) (A) Before receiving a written notice described in paragraph (1), or within <br />45 days of receipt of a notice, a political subdivision may pass a resolution <br />outlining its intention to transition from at -large to district -based elections, specific <br />steps it will undertake to facilitate this transition and an estimated time frame for <br />doing so. <br />(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a <br />prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 <br />within 90 days of the resolution's passage. <br />(f) (1) If a political subdivision adopts an ordinance establishing district -based <br />elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice <br />pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its <br />resolution of intention may, within 30 days of the ordinance's adoption, demand <br />reimbursement for the cost of the work product generated to support the notice. A <br />prospective plaintiff shall make the demand in writing and shall substantiate the demand <br />with financial documentation, such as a detailed invoice for demography services. A <br />political subdivision may request additional documentation if the provided <br />documentation is insufficient to corroborate the claimed costs. A political subdivision <br />shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to <br />which the parties mutually agree, within 45 days of receiving the written demand, except <br />as provided in paragraph (2). In all cases, the amount of the reimbursement shall <br />not exceed the cap described in paragraph (3). <br />(2) If more than one prospective plaintiff is entitled to reimbursement, the political <br />subdivision shall reimburse the prospective plaintiffs in the order in which they sent a <br />written notice pursuant to paragraph (1) of subdivision (e), and the 45 -day time period <br />described in paragraph (1) shall apply only to reimbursement of the first prospective <br />plaintiff who sent a written notice. The cumulative amount of reimbursements to all <br />prospective plaintiffs shall not exceed the cap described in paragraph (3). <br />(3) The amount of reimbursement required by this section is capped at $30,000, as <br />adjusted annually to the Consumer Price Index for All Urban Consumers, United States <br />city average, as published by the United States Department of Labor. <br />(Amended by Stats. 2017, Ch. 561, Sec. 51. (AB 1516) Effective January 1, 2018.) <br />75A-16 <br />
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