Stewart v. Board of Trustees of Kemper County School District Appendix

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FLOYD, KEENER & CUSIMANO 

Attormeys al Lac 
816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

  

JACK FLOYD TELEPHONE: 
LARRY H. KEENER 
GREGORY S. CUSIMANO AREA CODE 205 
JAMES E. HEDGSPETH, JR. 
MICHAEL L. ROBERTS Sept ember 9 p 19 86 547-6328 
DAVID A. KIMBERLEY 

Assistant Attorney General 
Civil Rights Division 
Department of Justice 
Washington, D.C. 20530 

Re: Second Amended Submission 
under Section 5 of Voting Rights Act 
for Etowah County, Alabama, based upon 
a Consent Decree 

EXPEDITED CONSIDERATION REQUESTED 

Dear Sir: 

We hereby submit for your review pursuant to Section 5 of 
the Voting Rights Act of 1965, a SECOND AMENDED SUBMISSION FOR 

THE ELECTION OF COUNTY COMMISSIONERS OF ETOWAH COUNTY, ALABAMA, 

BASED ON UPON COMPROMISE AND A CONSENT DECREE WITH THE BLACK 

ARP A oe a 

PRR — Eh Ae — tt ft et ft Gd Gn Gt Gi Go. nd. t,t nS. i. ft St Pe TR a 

DISTRICT _OF_ ALABAMA, The amended consent plan calls for the 
election of six District Commissioners from six single-member 
districts, of equal size, with an elected Chairman of the 
Commission seving until 1993, when his present term expires, 
after which the position of Commission Chairman shall be 
abolished and a position of Etowah County Executive established, 
with the Etowah County Executive appointed by the County 
Commission. 

er re fe A A eA A iii «Ml rr a et a 

Pursuant to 28 C.F.R., Section 51.32, Etowah County 
respectfully request expedited consideration of this amended 
submission. The Court has entered an Order Tentatively 
Approving the Etowah County compromise and has tentatively 
entered a Consent Decree concerning Etowah County, in which 
Etowah County is ordered to submit for Preclearance under 
Section 5 of the Voting Right Act the Consent Decree and the 
plans attached thereto as Exhibits. The Court deferred 
consideration of the agreed upon plan until the preclearance 
process had been completed. The Court ruled that in the event 
preclearance was denied, the Court would give the black 
Plaintiffs and Etowah County a reasonable opportunity to cure 

 



  

Page 2 
September 9, 1986 

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the objections and to obtain preclearance of another agreed upon 
plan; however, should preclearance not be obtained in a timely 
manner, the Court would enter its single-member district plan in 
time for its use in the November, 1986, Special Primary 
Election. The Court further ruled that if and when the agreed 
upon single-member district plan was precleared under Section 5 
of the Voting Rights Act, the Court would then consider whether 
it should be approved under the terms of the consent decree and 
as complying with the Voting Rights Act. The County has been 
ordered to submit the plan with a goal of receiving a response 
from the Attorney General not later that September 30, 1986. 
Accordingly, expedited consideration of this amended submission 
is requested. 

PREVIOUS SUBMISSION 

On July 7, 1986, Etowah County submitted to the Attorney 
General a proposed five district redistricting plan, which 
contained all of the Exhibits and Supporting data required by 28 
C.F.R., Section 51.25. You advised that it was officially 
received in your office on July 14, 1986. 

On August 20, 1986, Etowah County submitted to the Attorney 
General an amended plan that increased the number of district 
commissioners from five to six with an elected Commission 
Chairman. The "consented to plan" is identical to that 
submitted to the Attorney General on August 20, 1986, with the 
exception that under the consent settlement the Chairman of the 
Etowah County Commission will be abolished in 1993 and a 
position of County Executive will be established, with the 
person holding said office appointed by the County Commission. 

Etowah County is presently governed by a County Commission 
consisting of four associate commissioners and a chairman. The 
associate commissioners qualify and run from designated 
residency districts, but are elected by the voters of the county 
at-large. The chairman, too, is elected at-large. 

THE_AMENDED_AND_CONSENTED_TOQ_PLAN 
The consent plan for a form of government for Etowah County 

is as follows: 

A. Elections for the Etowah County Commission shall be 
conducted from six single-member districts as shown on the map 
heretofore submit:uc to the Justice Department on August 20, 
1986, and described as Exhibit 5-A. Legal descriptions of the 
new six districts were submitted as Exhibit 6—-A of the amended 

 



  

Page 3 
September 9, 1986 

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plan of August 20, 1986. 

B. Party primary elections for districts 5 and 6 (new 
districts) will be conducted on November 4, 1986, with any 
run-off elections to be held November 25, 1986. The Special 
General Election for district 5 and 6 shall be held on December 

16, 1986. 

C. When district 5 and 6 commissioners are elected in the 
Special 1986 election, they shall have all the rights, 
privileges, duties and immunities of the other commissioners, 
who have heretofore been elected at-large, until their 

successors take office. 

D. The present incumbent districts commissioners for 
districts 2 and 3 who reside respectively in districts 2 and 3, 
and whose present terms expire in 1988, will serve as district 
commissioners for district 2 and 3 until district elections are 
held in 1988, at which time candidates for districts 2 and 3 
would run for new four year terms. The district commissioners 
for 1 and 4, who reside respectively in district 1 and 4, and 
who will be elected in the 1986 general election for four year 
terms beginning January, 1987, will serve a district 
commissioners for districts 1 and 4 until district elections for 
districts 1 and 4 are held in 1990, at which time candidates for 
districts 1 and 4 will run for new four year terms. Thereafter, 
the terms of all six district commissioners will be staggered 
with either 2 or 4 members running each two years. 

E. The present Chairman of the Etowah County Commission, 
who is unopposed and will be elected in the 1986 general 
election for a new six year term, and who will take office on 
the second Tuesday after the first Monday in January, 1987, will 
continue to serve as Chairman of the Etowah County Commission 
for said six year term until the second Tuesday after the first 
Monday in January, 1993. The Chairman of the Etowah County 
Commission shall not be entitled to vote on the Etowah County 

Commission. 

F. Beginning on the second Tuesday after the first Monday 
in January, 1993, the office of Chairman of the Commission shall 
be abolished and the Commission shall select and employ an 
Etowah County Executive, who 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. 
The Etowah County Executive may not be a member of the Etowah 
County Commission. 

 



  

Page 4 

September 9, 1986 

Ct Cut ed td Gt it nt dt Gd, dG. Gl Gnd. pt Gu Gn. Bk. Wd nt Gok. it Gd Gd Gt. Oot. Bi Gi 

G. When the single-member district commissioners elected in 
1992 take office on the second Tuesday after the first Monday in 
January, 1993, the Commission will have a president or presiding 
officer of the Commission, who shall preside at meetings and 
shall set the agenda, but said president or presiding officer 
shall have no other additional authority nor shall he receive 
more compensation than any other district commissioner. The 
president or presiding officer of the Etowah County Commission 
shall be rotated among the six district Commissioners with each 
of them serving a one year term beginning of the second Tuesday 
after the first Monday in January of each year and ending at the 
same time the following year. The permanent order of rotation 
shall be fixed by lot by the District Commissioners at the 
meeting of the County Commission on the second Tuesday after the 
first Monday in January, 1993. 

Etowah County has heretofore complied with 28 C.F.R. Section 
51.25, by submitting with its original submission of July 7, 
1986, and its amended submission of August 20, 1986, all the 
information required. 

Etowah County has heretofore submitted Exhibits which now 
apply to the consent settlement, numbered Exhibits 1, 2, 3-A, 4, 
5=p, 6-2, 7,.8, 9,10, 11, 12, 13, ‘14, 15, 16-A,, and 17. All of 
the exhibits are proper exhibits under the consent plan herein 
offered. 

vt = a — i Sn. tS Gt nt Gt a. nt Gt Go Gm Go Ta Ct GoM Gt in ot nt St nt GI EE RRL 4 -_ — eet 

18. Joint Motion for Notice and Approval of Etowah County 
Compromise in Settlement. 

19. Consent Decree concerning Etowah County. 

20. Order tentatively approving Etowah County Compromise 
and Requiring Notice to Class. 

21. Notice to Class. 

22. Resolution of Etowah County Commission adopting plan. 

 



  

Page 5 
September 9, 1986 

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We will be happy to provide further information upon 
request. 

Respec fully submitted, 
q 

Lo ATTN BURL 
» \ 

Ja Floyd > 
Attorney for Etowah County, 
Alabama 

JF/jb 

 



  

I hereby certify that a copy of the foregoing has been 

mailed to Paul Hyland, Assistant Attorney General, Civil Rights 

Division, Department of Justice, Washington, D.C. 20530; James 

Blackshear, Attorney, P. O. Box 1051, Mobile, Alabama 36633; 

Larry Menefee, Attorney, 300 21st Street, North, Title Building, 

5th Floor, Birmingham, AL 35203; Terry G. Davis, P. 0. 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 \O_ day of Sep x, 1986.