Lawsuit over illegal map proves successful, taxpayers to foot the bill


By Marty Cheek

Morgan Hill taxpayers will foot the bill of between $80,000 and $100,000 for the city council to finally decide on the redistricting map that will be used for the next 10 years.

Councilmembers voted 4-0, with Rene Spring abstaining, at the May 18 meeting to select Map NDC Green as the boundaries of the city’s four districts.

Despite warnings by City Attorney Don Larkin and a team of demographics experts that Map 103 was illegal according to the Fair Maps Act and might result in a lawsuit, at the March 2 meeting, Mayor Rich Constantine and councilmembers Rene Spring (District C) and Yvonne Martínez Beltrán (District B) voted in the majority for the disputed map. Councilmembers John McKay (District D) and Gino Borgioli (District A) had favored the map designated as NDC Green Map.

Following a March 18 re-vote that ended exactly as the original vote, a quartet of four citizens, led by former Mayor Steve Tate, brought a lawsuit against the city demanding another map be selected.

In an hour-long hearing May 9, Superior Court Judge Julie A. Emede ruled Public Map 103 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.

Judge Julie Emede

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 Armando Benavides to represent it in the lawsuit. The family law attorney had threatened to sue the city if Map 103 was not selected. He has no previous court experience in California Election Code law. His contract with the city is capped at $30,000.

Martinez Beltran submitted to the agenda Friday, May 13, two modified versions of Map 103 as supplements for the city council to consider. These maps were not allowed for consideration at the May 18 meeting because they fell short of the seven-day rule for public notice.

McKay asked the community to move forward in a positive direction. “The discussion has brought out a nasty side of Morgan Hill,” he said. “Our city attorney was absolutely mistreated in words and behavior . .  .  I apologize to our city attorney and consultants, and I hope others will join in.”

Despite the definitive answer on the illegality of Map 103 provided by Judge Emede, Mayor Constantine expressed uncertainty about following the state Election Code and questioned why Tate took the city to court.

“Unfortunately, Sacramento has given us another unfunded liability that is something we just have to deal with,” he said. “I struggle with the rush to sue us, as well, by our former mayor when the map we voted on was what we are currently using, basically.”