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According to a motion filed by the plaintiff’s attorneys, the City of Santa Monica hired an expert named Karin MacDonald to conduct a study on Santa Monica’s elections. Through sworn testimony by members of Santa Monica’s city council, it was confirmed that such a study existed and that Santa Monica’s at-large election system is rigged against minority voters.

Judge Yvette M. Palazuelos granted Plaintiff’s motion to subpoena MacDonald because the City of Santa Monica did not clearly state whether a report existed, or even if there was a relationship between Santa Monica and MacDonald. “We have overwhelming evidence that MacDonald was hired by the City of Santa Monica to investigate the claims made in our complaint. The city is twisting themselves into knots trying to hide MacDonald’s findings and remedies,” said Plaintiff’s Attorney R. Rex Parris of PARRIS Law Firm.

Faced with having to produce MacDonald for a deposition, the City of Santa Monica made the following proffer: “The city attorney retained Karin MacDonald through her company as a consulting expert after the complaint was filed on April 12, 2016. The retention occurred on or around April 18, 2016 for the purposes of assessing the allegations in the complaint, and to advise the city. The work was discussed in a closed session with the expectation that it would remain confidential. The city attorney’s office has retained that work with the expectation that it would remain confidential.”

This was in stark contrast to defense counsel Marcellus McRae’s representations on August 10, 2018. According to the August 10th trial transcript, McRae unequivocally told the court: “There was no study, there was no poll, and there was no survey.”

On August 28, 2018, the court ultimately ruled that MacDonald’s work was privileged, and it was maintained by the city attorney’s office in confidence.

Plaintiff’s attorney R. Rex Parris said: “There is no reason to pursue the issue further since the Court must recognize there is only one reason the City of Santa Monica fought so hard to cover up the existence of Karin MacDonald’s report. The MacDonald report showed that Santa Monica’s at-large election system breaks the law by suppressing the Latino vote. In a vain attempt to hold on to power, the City of Santa Monica hid the MacDonald report, and spent millions of taxpayer’s dollars fighting the case.”

Plaintiffs, The Pico Neighborhood Association and Maria Loya are represented by R. Rex Parris and Ellery S. Gordon of PARRIS Law Firm, Kevin I. Shenkman and Mary R. Hughes of Shenkman & Hughes, Milton C. Grimes of Law Offices of Milton C. Grimes, and Robert Rubin of Law Office of Robert Rubin.

At-large elections, like Santa Monica’s current election system, allow every person in the city to vote for all City Council members. This system seems fair at first glance, but it prevents minority voters geographically concentrated into one area from electing members to the City Council to represent their interests. Plaintiff Maria Loya writes, “Since the adoption of an at-large election system in Santa Monica, the majority of the people elected to the City Council have lived north of Wilshire [a predominantly white area]. This is no coincidence; this outcome was by design, to make it difficult for people of color to attain fair representation.”

R. Rex Parris and Ellery Gordon of PARRIS, along with attorneys Kevin Shenkman and Milton Grimes, made it their mission to prove that Santa Monica’s at-large elections were intentionally designed to suppress the minority vote.

Throughout the trial, the PARRIS team demonstrated the negative effects the at-large election system has had on the predominantly Latino residents of the Pico Neighborhood for over 60 years. Judge Palazuelos’ ruling provides these residents with the opportunity to have a voice on Santa Monica’s City Council.

Before Judge Palazuelos’ ruling, the City burdened the Pico Neighborhood with its most undesirable land uses. Not only is there a freeway running through the area, but it is also used as a dumping ground for environmental hazards such as the vehicle maintenance yard and trash sorting facility. Worst of all, the city has taken no action to remediate the methane being emitted from Gandara Park—a place where kids regularly play in sporting events.

The plaintiffs fought for the Pico Neighborhood to have equal representation on the Santa Monica City Council to ensure accountability for the city’s actions. This ruling will allow the residents of the Pico Neighborhood to finally be heard.