Council now forced to select a new map at May 18 meeting

By Marty Cheek

The city of Morgan Hill lost a lawsuit brought against it by a group of citizens who said a redistricting map decision made by the city council violates state law.

Judge Julie Emede

In an hour-long hearing May 9, Superior Court Judge Julie A. Emede ruled Public Map 103, adopted in a 3-2 vote by councilmembers at the March 16 meeting, violates the California Fair Maps Act’s requirement to apply contiguity as spelled out in the Elections Code. Specifically, the court found that  District D on the east side of Morgan Hill is not contiguous as it was segregated into two sections.

The city council will have an opportunity to select another map at the May 18 meeting.

Mayor Rich Constantine and councilmembers Rene Spring (District C) and Yvonne Martínez Beltrán (District B) voted in the majority for the disputed Map 103 at the March 2 meeting. Councilmembers John McKay (District D) and Gino Borgioli (District A) favored the map designated as NDC Green Map.

The suit was brought by former Mayor Steve Tate and Morgan Hill residents Swanee Edwards, Brian Sullivan and Kathy Sullivan. Christopher Skinnell, a lawyer representing the group, sent city council members a letter dated March 23 demanding they reconsider the adoption of Map 103.

Mayor Rich Constantine

At the April 6 meeting, Mayor Constantine brought up a proposal to have a “validation action” presented to the court where a judge would determine in a non-adversarial way the legality of Map 103. If the court decided it did not comply with state law, the judge would choose another map. The council voted 3-2 in favor of this proposal. The lawsuit, however, nullified this action from being pursued, said City Attorney Don Larkin.

“It was resolved as expected,” Tate said about the judge’s final decision. “We had to file the suit and the suit was easy to file because what we put in that letter originally was the whole case. It wasn’t too hard for the lawyer to put together the suit and go ahead.”

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 of interest.

Larkin recused himself in defending the city because under the Rules of Professional Conduct for Attorneys it would be inappropriate because he had argued against the selection of Map 103.

The city hired Benavides to represent it in the lawsuit. The family law attorney has no previous court experience in California Election Code law.

Former Mayor Steve Tate

Asked if he had regrets about his voting for Map 103, Constantine said, “I do not because I was fighting for the citizens who were expressing their views that they didn’t feel that the map would have been fair for them.”

The cost of the lawsuit will be paid by the city of Morgan Hill. Constantine refused to comment on this aspect of the suit because the final cost is still unknown.

“I can’t really respond because I don’t know what the lawsuit would have been had we sued ourselves, which is what we voted for before the lawsuit was filed against us,” he said. “It might have been the same.”

The cost of the lawsuit is a waste of money for the city, Tate said, because the city council failed to heed the advice of Larkin and the expert consultants hired by the city.

“Who won? The lawyers won. That’s who won,” he said. “The lawyer who threatened to sue won because he gets paid by the city. It’s crazy. It’s absolutely crazy.”

Benavides’ total compensation on the contract with the city is capped at $30,000. Skinnell receives $600 an hour. The total amount the city must pay is expected to be released after the May 23 final meeting with Judge Emede.

The lesson for the city council is to listen to the advice of experts who are paid by the city, Tate said.

“Don has been outstanding city attorney,” he said. “Why wouldn’t you take his advice? I just don’t get it. And what does that tell the rest of the staff?”