Former mayor Tate leads group concerned about redistricting Map 103
Editor’s note: In a Tuesday, March 29, interview with Morgan Hill Life, Mayor Rich Constantine went on record stating he would not reconsider the vote on Map 103. This issue of Morgan Hill Life went to print at 11:30 a.m. Friday, April 1. That evening, the April 6 city council meeting agenda showed an item to “reconsider action to adopt city council District Map 103” at the request of Rich Constantine.
By Marty Cheek
The city of Morgan Hill faces the threat of a lawsuit from former mayor Steve Tate and other residents concerned about the legality of the redistricting map adopted by a 3-2 city council vote.
Morgan Hill Mayor Rich Constantine
Mayor Rich Constantine and councilmembers received a March 23-dated letter from the San Rafael-based law firm Nielsen Merksamer demanding the city council reconsider the adoption of redistricting Map 103, which the council selected at its March 2 meeting. The letter claims that map does not comply with the California Fair Maps Act because District D is segregated into two sections.
Constantine and councilmembers Rene Spring and Yvonne Martínez Beltrán voted in the majority for Map 103. Councilmembers John McKay and Gino Borgioli favored the map designated as “NDC Green Map.”
Constantine and Spring both said they would not reconsider their votes. Martínez Beltrán did not respond to several requests for her decision on a re-vote of the redistricting maps.
The city must submit a final map to the Santa Clara County Registrar of Voters office by April 17. If another map is not selected by that date, Tate said his group would move forward to sue the city.
Former Morgan Hill Mayor Steve Tate
At the March 2 meeting, Constantine explained his vote as an attempt to avoid a lawsuit from Armando Benavides. The local attorney threatened to sue the city if the council failed to vote for Map 103 on the basis that, according to Benavides, the other maps did not fairly represent the Latino community.
The law firm’s letter was signed by Christopher E. Skinnell on behalf of Tate as well as residents Swanee Edwards, Brian Sullivan and Kathy Sullivan. Tate said other residents support the letter’s message to the council and may get more actively involved if the lawsuit moves forward.
“We understand that the Council was acting under an apparent threat of litigation and, further, that it was advised that it could adopt Map 103 because the requirement of contiguity is qualified by the phrase ‘to the extent practicable,’” the letter stated. “However, neither argument remotely justifies the adoption of that illegal map.”
Constantine said he did not receive from City Attorney Don Larkin a “definitive answer” on if the term “to the extent practicable” applied to Map 103 if “community of interest” (in this case the Latino community) was also a priority in choosing a new map.
In a March 30 interview, Larkin explained this legal point. “I think it’s very clear that ‘to the extent practicable’ means it can be done. It certainly doesn’t mean what Mr. Benavides says, which is essentially, his argument is: if it is convenient. That is clearly wrong. If the legislature wanted the criteria to be optional, then they would have made it optional. But instead they actually identified the criteria in priority order, and they did that for a reason. They wanted contiguity to be the No. 1 priority.”
Constantine continues to support his March 2 vote, insisting Map 103 received support from several Latino residents during public comment.
“People are concerned if the lines are redrawn that we are going to basically take away their right to vote,” he said. “That might be overstating their position, but they have valid concerns.”
The mayor questioned the point of the demand letter of the illegality of not making the map contiguous.
“Who’s being harmed by not making it contiguous?” he said. “But if we cut out people of a district and they feel their voices will be nullified, we’re harming them, right? I’m still not sure who we’re harming if we leave the maps the way they are.”
In an email, Spring said he has no intention to reconsider his vote nor to submit a request for reconsideration.
“I strongly believe that the council districts as we created them back in 2017 are still my preferred option for our city, which is reflected in Map 103,” he wrote.
Commenting on bringing a lawsuit against the city if the Map 103 is brought to the county, Tate said he would consult with his group on how to proceed.
“I hate to see us putting money in lawyers’ pockets,” Tate said, expressing reluctance to sue the city. “But it’s a fairly simple suit because the attorney for the other side (Benavides) has already said that’s right, it’s illegal.”
Asked what his reaction was to the possibility of the former mayor bringing legal action against the city if another redistricting map is not selected, Constantine stated: “That’s his choice.”
