If the plan is challenged in the courts, the delays can limit the ability of the Board of Supervisors to make the final decision on a redistricting plan. The courts have upheld challenges alleging racial dilution wherein a minority was not given adequate representation under the law. On the other hand, the courts have also upheld challenges of racial safe districts in violation of the Fourteenth Amendment, which means that we must be very careful to consider all traditional factors of redistricting without subordination of those factors to race. The public perception is often that the government makes decisions prior to taking the issue to the public. This recommendation puts the public participation process before any decisions are made in order to consider the concerns of the public at the outset.
Public trust is enhanced by developing participation in front of the decision making process.
Although the Monterey County 21st Century informed consent process has had some criticism, the strength of it has been the inclusion of the public up front and an appreciation for the opportunity to participate. This process is somewhat similar to the informed consent process because it will allow that opportunity to participate. It also will play a role in forming a consensus or at least a willingness to allow a decision to move even though it may not be the participant s ideal proposal. The process will help the public to understand and participate in the myriad of issues surrounding Redistricting. Although they DOJ would not make a recommendation, the DOJ staff was very supportive of a public outreach process prior to development of a redistricting plan.