Under threat of lawsuit, school district switches to area elections

NORWALK – Norwalk La Mirada Unified School District voted to transition to a by-trustee election system on Monday, after Malibu attorney Kevin Shenkman threatened litigation.

The district uses an at-large election system, where the entire district votes for its board members. Under a by-trustee election system the district is divided into trustee-areas, who would vote for a board candidate in their area.

At-large election systems are prohibited under the California Voting Rights Act (CVRA) if it impairs a protected class to elect candidates or have an influence in an election.

Shenkman said that public members in the district called his attention to NLMUSD, and he is prepared to sue the district if they elect to continue using the at-large system.

“[CVRA] is the law in California,” Shenkman said. “It’s time that [NLMUSD] brings their elections into compliance with the law.”

Community member Vicki Megan Olsen spoke against the by-trustee system during public testimony.

“Decisions by the school board affect all students of Norwalk La Mirada. For that reason, all of Norwalk and La Mirada have a say in their election,” Olsen said. “I think being able to only vote for one candidate in one small portion of the district disempowers voters and the community, and accountability is reduced.”

Natalia Valedez, a teacher from Norwalk High School, expressed the concern of gerrymandered trustee-areas.

“I perceive protection concerns stemming from elected officials having a huge influence in the manner in which they’re elected, especially with the demographics because it is used to create the districts and the potential drawing gerrymandered districts,” Valedez said. “I would encourage the board to hire an outside firm with community oversights to create equitable districts according to the most recent census.”

Ron Wenkart, partner with AALRR law corporation, presented additional information on CVRA for the district to make a decision.

“Mr. Shankman, in his demand letter, that there has been racially polarized voting districts in the past,” Wenkart said.

He explained that most public agencies determined that fighting a CVRA case is too expensive and in favor of the plaintiffs, that they voluntarily go to a by-trustee system.

Wenkart showed in his presentation that the City of Modesto reportedly paid $1.7 million in attorney fees and $3 million to the plaintiffs’ attorneys. Their case did not go to trial, but legal issues were litigated through appeals courts up to the U.S. Supreme Court.

School Board member Jorge Tirado expressed his disdain for Shenkman’s demand and the financial pressure on the district.

“Being forced to do something is something that a governing body really doesn’t like,” Tirado said “We value everyone’s vote, and we want to make sure that everyone’s voice is heard. At the end of the day, that’s what really matters.”

Wenkart also explained to board member Chris Staples that if the district won Shenkman’s case, another firm could send a demand letter and the process would start again.

“I think we all feel we’re being forced into this decision,” Staples said. “We’re going to have to redouble our efforts and really make sure that we continue to serve all of our students.”

The NLMUSD school board voted unanimously to transition to a by-trustee area election system.

In a letter to parents, superintendent John Lopez explained that there will be four public hearings to create trustee area maps and adopt them for use in the November 2024 Board election.