Etowah County Time Schedule and Offer of Judgement with Cover Letter

    » * Le 2 

> FLOYD, KEENER & CUSIMANO ~ 

Ato rmeys at ow \ 

“. 
816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

JACK FLOYD TELEPHONE: “ 

LARRY H. KEENER 

GREGORY S. CUSIMANO AREA CODE 205 

JAMES E. HEDGSPETH, JR. 

547-6328 MICHAEL L. ROBERTS 
DAVID A. KIMBERLEY 

June 9, 1986 

Honorable Myron H. Thompson 
- United States District Judge 
Federal Building 
Montgomery, AL 36104 

Re: Dillard vs. Crenshaw County, et al. 
Case No. 85-T-1332-N 

Dear Judge Thompson: 

In response to your inquiry to Etowah County concerning 
possible settlement and/or the length of trial, we submit the 
following: 

SETTLEMENT ISSUE: 

Etowah County is now and has been willing to enter into a 
consent settlement establishing five single-member districts 
with an elected Chairman. An offer of judgment is being 
submitted to the Clerk of the Court setting out the terms of 
proposed settlement. 

The matter that so far prevents settlement is the insistence 
by the Plaintiffs that the Commission Chairman or County 
Administrator-Executive be hired or appointed by the several 
District Commissioners and serve at their pleasure. We are told 
by the Plaintiffs that there is no compromise of this issue. 

Etowah County strongly insists that its Commission 
Chairman-County Executive, by whatever name he is called, be 
elected by the people and answerable to the people. We feel 
that an elected County Executive responsible to and elected by 
the people is the best and only way to go. 

Without compromise on this issue by the Plaintiffs, then 
this issue must be tried. 

 



  

Page 2 
Honorable Myron H. Thompson 
June 9, 1986 

cn — — —— — —— — — tt: 
  

LENGTH OF TRIAL: 

Etowah County would not expect to defend the issue of 
redistricting with single-member districts as a liability case, 
but would consider that issue a remedy issue in the event a 
consent plan cannot be presented. It would defend vigorously 
however, the chairmanship question and would need a minimum of 
four hours to put a case before the Court on that issue. 

Respect 11y submitted, 

{ 0 Xho) 
Jack Floyd : 

JF/jb 

cc: Copy to all counsel 

cc: ‘Dr. David L. Martin 
Political Science Department 
Auburn University 
Auburn, AL 36849-3501 

cc: Dr. Ronald E. Weber, Ph.D. 
Campaign & Opinion Research Analysts 
P. O. Box 218 
Gonzales, LA 70737 

 



  

: 
» 

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

* 

DEFENDANTS 

ETOWAH COUNTY TIME SCHEDULE 

Pursuant to the Court's Order of May 28, 1986, Etowah County, 

Alabama, and its officials submit to the Court the time schedule 

for developing a new election plan for Etowah County, obtaining 

the approval of the plan from the United States Department of 

Justice pursuant to Section 5 of the Voting Rights Act of 1965, as 

amended, 42 U.S.C.A. 1973 C, and for the implementation of the 

plan: 

A. To insure that the interests of minority citizens in 

Etowah County are adequately protected on any re-districting plan 

proposed for Etowah County, the Etowah County Commission will 

issue publication and notice in the Gadsden Times, a newspaper of 

general publication published in Etowah County, Alabama, once a 

week for three successive weeks, of a meeting to be held on July 

1, 1986, at 5:30 P.M. by the Etowah County Commission, which shall 

be open to the general public for the purpose of explaining 

 



  

: ® 

>» 

a new re-districting plan for Etowah County, Alabama, prepared by 

the County Commission, and for the purpose of hearing objections 

to the proposed re-districting plan. The hearing will be a public 

hearing on July 1, 1986, at 5:30 P.M. o'clock, at which time the 

County Commission will consider all objections presented, whether 

in writing or in person, from residents of Etowah County, Alabama, 

and particularly minority citizens. The meeting will be held in 

Courtroom No. 1 on the second floor of the Etowah County 

Courthouse on said date. 

B. The single-member district re-districting plan to be 

presented will be consist of the following: 

(1) The Etowah County Commission shall consists of five 

single-member district commissioners to be elected from single- 

member districts by the voters in each district, and it shall be 

the policy making body of the county. 

(2) The districts shall be equal, as nearly as 

practicable, in population. 

(3) The single-district member commissioner for district 

five would be elected in the year 1986. The four present 

incumbent at large commissioners, none of whose terms would expire 

prior to 1988, will be allowed to serve until election was held 

for single-member districts one, two, three and four in 1988. 

(4) There shall also be an Etowah County Executive 

elected by all voters of the county. The newly elected Chairman 

of the Etowah County Commission who will be elected in the 

November 1986 General Election, and who would take office on the 

 



  

: Ra 

+ 

= 

second Tuesday after the first Monday in January, 1987, will 

become the first Etowah County Executive. His term of office shall 

be for six years. 

(5) The County Executive shall be the chief executive 

officer of the County and shall be responsible for the execution 

and implementation of the policies adopted by the Commission. 

(6) Duties of the County Executive shall be extended to 

include the preparation and proposing of the county budget to the 

county commission in addition to those budget control duties given 

to the present chairman of the Etowah County Commission under Act 

432, State of Alabama, 1975, as amended by Act 884, State of 

Alabama, 1985. 

(7) The County Executive shall have all those duties and 

responsibilities heretofore given to the Chairman of the 

Commission by the Code of Alabama and Legislative Acts, SAVE AND 

EXCEPT, those of presiding over county commission meetings, making 

or seconding motions at meetings of the commission, and voting on 

motions. 

(8) The County Executive shall not be entitled to vote 

at commission meetings nor shall he be permitted to make or second 

motions at meetings of the commission. He shall have no 

legislative functions or duties. 

(9) Compensation for the Etowah County Executive shall 

be that as previously authorized for the Chairman of the Etowah 

County Commission. 

 



  

(10) Etowah County shall secure the introduction and 

legislation to formalize this agreement in the Legislature of the 

State of Alabama and shall submit it to the United States Justice 

Department for preclearance under the Voting Rights Act; however, 

upon appropriate order of the Court, Etowah County shall implement 

the terms of this plan in the following manner: In 1986 the 

District Commissioner for the District Five would be elected under 

the plan. In 1988 all members of the Commission shall run for 

office under the plan, with each of them running for a six (6) 

year term. 

(11) The County Commission shall elect one of its number 

as President who shall preside at meetings and shall set the 

agenda, but said President shall no other additional authority nor 

shall he receive more compensation than any other District 

Commissioner. 

C. Within one week after the public hearing, the 

re-districting plan will be presented to the United States 

Department of Justice pursuant to Section 5 of the Voting Rights 

Act of 1965, as amended, 42 U.S.C.A. 1973, for its approval. If 

the Justice Department has any objection to the proposed plan, 

Etowah County will make changes required by the Justice Department 

for approval. 

D. Upon approval of the plan by the United States Department 

of Justice, Etowah County will submit the plan to this Court 

within Ten (10) days for its approval. 

 



  

> . 

E. There being no local legislation allowing the Etowah 

County Commission to re-district itself, the Etowah County 

Commission will request its local legislative delegation introduce 

and pass through the Legislature of Alabama the plan as approved 

by this Court and the United States Department of Justice. 

F. Upon adoption by the Legislature of Alabama of a new 

single-member district plan for Etowah County, or upon order of 

this Court, the plan will then be implemented by the call for new 

elections as may be allowed by State Law or by Order of this Court 

and in accordance with the plan. 

Respectfully submitted, 

FLOYD, KEENER & CUSIMANO 
ATTORNEYS FOR DEFENDANT 
ETOW COUNTY 

JACRFLOYD : _—— 
816 Chestnut Street 
Gadsden, AL 35999-2701 

BY: 

 



  

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

AL 36104, this the \Y day of June, 1986. 

SQ 
OF COUNS 

 



    

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS %* 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, . 

: DEFENDANTS 

OFFER OF JUDGMENT 

Comes Etowah County, Alabama, and its various representative 

individual Party Defendants in this cause, and offer to allow 

» judgment to be taken against it pursuant to Rule 68, FRCP, as 

follows: 

(a) The Etowah County Commission shall consists of five 

single-member district commissioners to be elected from single- 

member districts by the voters in each district, and it shall be 

the policy making body of the county. 

(b) The districts shall be equal, as nearly as practicable, 

in population. 

(c) The districts shall be drawn by agreement of the parties. 

(d) Failing agreement between the parties on the district 

lines, each shall submit to the Court its proposal and the Court 

shall select one or shall order its own plan. 

 



    

(e) The single-district member commissioner for district five 

would be elected in the year 1986. The four present incumbent at 

large commissioners, none of whose terms would expire prior to 

1988, will be allowed to serve until election was held for 

single-member districts one, two, three and four in 1988. 

(£) There shall also be an Etowah County Executive elected by 

all voters of the county. The newly elected Chairman of the 

Etowah County Commission who will be elected in the November 1986 

General Election, and who would take office on the second Tuesday 

after the first Monday in January, 1987, will become the first 

Etowah County Executive. His term of office shall be for six 

years. 

(g) The County Executive shall be the chief executive officer 

of the County and shall be responsible for the execution and 

implementation of the policies adopted by the Commission. 

(h) Duties of the County Executive shall be extended to 

include the preparation and proposing of the county budget to the 

county commission in addition to those budget control duties given 

to the present chairman of the Etowah County Commission under Act 

432, State of Alabama, 1975, as amended by Act 884, State of 

Alabama, 1985. 

(i) The County Executive shall have all those duties and 

responsibilities heretofore given to the Chairman of the 

Commission by the Code of Alabama and Legislative Acts, SAVE AND 

EXCEPT, those of presiding over county commission meetings, making 

or seconding motions at meetings of the commission, and voting on 

motions. 

 



    

(j) The County Executive shall not be entitled to vote at 

commission meetings nor shall he be permitted to make or second 

motions at meetings of the commission. He shall have no 

legislative functions or duties. 

(k) Compensation for the Etowah County Executive shall be 

that as previously authorized for the Chairman of the Etowah 

County Commission. 

4 (1) Etowah County shall secure the introduction and 

legislation to formalize this agreement in the Legislature of the 

State of Alabama and shall submit it to the United States Justice 

Department for preclearance under the Voting Rights Act; however, 

upon appropriate order of the Court, Etowah County shall implement 

the terms of this plan in the following manner: In 1986 the 

District Commissioner for the District Five would be elected under 

the plan. In 1988 all members of the Commission shall run for 

of fice under the plan, with each of them running for a six (6) 

year term. 

(m) The County Commission shall elect one of its number as 

President who shall preside at meetings and shall set the agenda, 

but said President shall no other additional authority nor shall 

he receive more compensation than any other District Commissioner. 

(n) Etowah County will pay the costs (including attorneys’ 

fees) taxed to it by the Court. 

FLOYD, KEENER & CUSIMANO 
Attorneys for Defendant 
Etow County 

BY: samira 

J FLOYD 

816 Chestnut St. 

Gadsden, AL 35999 

 



    

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

Alabama 36104, this the \'-_day of June, 19 

TAB 
  

OF COUNSYX 

 



FLOYD, KEENER & CUSIMANO 

Ato rmeys al Aw 

816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

Hon. Deborah Fins 

Hon. Julius L. Chambers 
99 Hudson Street 

16th Floor 

New York, NY 10013