Correspondence from Days to Herbin; City Plan on Schools is Approved News Clipping

    U.S. Department of Justice

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DSD: Ji"lC: TGL: rj s
DJ 166-0L2-3
C9328; D0752-0756

i'is. -Sarah W. Herbin
Chairrnan, Guilford County

Board of-Elections
3CI trr7est Market Street
Post Office Box 3427
Greensboro, North Carolina 27402

JUN 3 01980

2 7 JUN 1980

Dear Ms. Herbin

This is in reference to House Bill 7L7 (1979), which
amends Section 2.2 of Section 4 of Chapter 385 of the 1949
Iiorth Carolina Session Lawsr ds amended, to provide for:
a I'Iay 22, J.-979r r€ferendum; a change in the method of selec-
tion of members of the Board of Education from appointive to
electi-r'e; the adoption of the non-partisan primary and runoff
r:rethod of election;'the establishment of four-year terms for
board members; a nine member board until December 6, L982;
and the adoption of the 6:1 single-member district plan for
=I"e Citi, of, Greensboro Schocl nisLrict in cuilfnrri Cor.rnty,
tiorth Carolinar' submitted to the ALtorney General'pursuant
to Section 5 of the Voting Rights Act of 1965r ds amended..
Your submission was completed on Apr-il 28, 1980.

rhe attorney General do.es not interpose any objections' to the changes in question.. However, Ive feel a responsihility
to point out that SecLion 5 of the Voting Rights Act e>lpressly
provides that the faj-lure of the Attorney General to object
does not bar any subsequent judicial action to enjoin the
enforcement of such changes

Sincerely,i

. DRE[{ S. DAYS III
, Assistant Attorney General-

ivil Rights Division
:

f ,- ,, / . .1 )-.,', ,By r .-),f^ t., il/ ,!r!-t { .'7, .1. .,. .-
, -GERALD Vi-. .IONES

' Chief, Voting Section



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City FIan

On Scirootrs

D.ll), Ncws Sl

ftrl U.S. Justice Delri,r'rnrent has a;;provcrl
a plan to rlivide the Grcetisboro schor.rl attetr-
dance area into six districts, apparently clear-
ing the rvay for election of a uew city school
board in November.

But Dr. George Simkins, president of the
Greensboro NAACP chapter, said his group
may appeal the decision. Such an appeal could
delay the election.

B1'approving the district plan adopted by
the current school board last January, the
Justiee Departrnent's civilJustiee Departrnent's civil rights division ov-
erruled Simkin's objections that the arrange-
nrerrt probably rvill result in onll' one black
beirig elected to the seven-member board
even ihoueh blacks comprise abottt {5 percent
of the student population. Tn'o blacks serve
on the current board, rthich is appointed.

S;;nkins said the Grei'nshoro clt::-','l' of l'r:
National AssL-.tir,lii,tr tlri ttrc A(lvltt',:- rtlell: (,i
Coloretl Petrl'li: rtr;r)' thallr':ir-e tlte' lr,lrtt ttt itd-
eral eourt on the grorttrtls thtt it tliscrirrrinates
against blacks. In Irutrt'uarv llc pl'op()sed an
alternate pliirr rvith distti,:t linus rlt'lrrt'n in a
Il!i, 'ir:l'lic slri,i . ,til,l 1ltl. i .':k r",',li itl';,.1
Ill:,. :'it.\' in'.r.,,,. .t!.irr.r :irlt'ii. ....,1te.

Under the plirn appt',,r .'tl I'r'itily b1' the
Justic.'I),'prrt'ttlt:nt, it il!r1,,'rrs tltltt onll dis-
tlict thrcc, inclutling Ir,)-st uf thr' prcdotni-

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., --stice Departrnent Appro\res

(,ity's School f)istricts I'ir:,n
From B- l

narrtly black soulheaslern section of
Gr',:cnslloro, rvill have a bluck majori-
ty. Silnliin's proposal rvoLrld have spiit
that seciion arid combirred it with
prlriorninanlty white neighborhoods in
a u':r.v to {dve blacks a ma.iorit.v in two
districts, he said.

PriLrr to a recent U.S. Suprerne
Cou:'i ikrgision, Slrnkins said 1Vlondav,
he felt sure he rvould {ight the ap-
provccl clistrict pla.n in fedcral courL.
But irr a case involving trIolrile, Ala.,
lhe Supreme Court, ruled recently that
citir': rieed not selcct, officials by dis-
Lricls even though at-lar(c eleeLions
tenti tti under-represent nrinoriLies.

Sir:r].lns -qaid hc istt't sure rvhat cf-

al Assom}-ill' Lrst 1,ji:r, Greensboro
voters q,'ill elect si.'r. school board mem-
bers fronr distncts, ail,l one at-large.
The nerv boa.rcl u'ill t:rl:c office Dee. l.

As soon as it reci,ivecl the Justice
Departmen'u's apprrir';:l )donday, the
Guilford C)ourrti' l]oald of Elections
announccd that school board candi-
dtites may file l'<-rr olll' ,: lronr Aug. lir
to Sept. 5. lf rr,orc Lllai, one person
files to run in any clistlict, or for the
atJarge seat, a priiri:r;"y' r','ill be hcld
Oct. 7.

School board raccs ai'(, r1i)r-ir:rrlisr1rr,
meaning candicliites v,'ill nc,L iLe liste,.l
by political party.

Becatrse the terms ,,f 1r,,.0 r.rurrent
school board mernbr:i;i -- ,i:Irrrr'i [)r:,. r:,

and JoAnn Scoggin - ,rrti't c-.:pire
until Deccmber 191-,:1, ' l-ilr,' mr:l' sr-';', e
alongside the seven ,ri, , ,,.d ilrerri),,:
until that time. After tirJir tLt'nis $i-

fecl lhat docision would have on ths
Glt, ,,boro school district system. He
l:i,.s ',o seek advice from attorney pire the board will irl:r'rr ot.ij.',' sevcri

elected seats - which br.rth have -qaid
is possible - their tet'n,rs u'oull t':i-
tend to 1984, along rvith ali the otht:rs
if they should n'in. ln 

"hat 
case, tl,,,,t

appointed posts wouid be eliminal-,,r,l
and the board would have only sevt'tt
members from the outset. If they ruir
and lose, however, lhey still may
serve on the board until 1982.

Ar:i,,.:.'an Civil Liberties Union, when
Srniih returns to town Wednesday,
Sirrri';ins said.

'i ).,, approved district lines u'ere
driu'n bv trvo consultants from the
Unilorsitl' of North Carolina at Chap-
el l,rLl, and adopted by the Greensboro
scliool board in January. Under plans
ourii;nd in a law passed by the Gener-

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:'
ti.

City Plan

On Schools

ls Approved
D.llY N.wt st'll RcPort

frc U.S. Justice Department has approved

" 
of*n to aiuide the Gieensboro school atLen-

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irto six districts, apparently clear-

ing the way for.elec[ion of a new clty scnool

board in November.
Bul Dr. George Simkins, president of the

Cr""ntio.o UeACp chapter, said his,group

may appeal the decision' Such an appeal could

delay the election.

By approving th.e.district pl'X 
"d-op]:d.lIRv aDDrovlnq Lne ols[ncL IJlaIl auuPutu uJ

ttr" "curr'ent e;hool board Iast January' the

Ed:i,r,:: R*t*t*; : ":*.'lf,li',fl :l'"*Lil:C Sirirkin's objections that the arrangq-

il;;i; wili reeult in onlY one.black
'elected to the seven-member board

I" ttfrritr,dsh bt""k" comprlse abogt,4{ rerggnt
of tt " 

stuAent population' T\rro blacks serve

; il;;ril"t 6oird, which is aPPointed' z
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Simkins said the Greensboro chapier of the

Nationel Aseociation for-the Advancemen"t or

d;ffi;-P;"ple rnay challenge the.plan in fed-

etel couft on the grounds that it dlscnnuna[eg

;r""-t5bikt, 6 r"u*'"yhe proposed an

,*ii,*!ffiffiH#t,!'ffi ,lTf '"lf inl

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lllrilffidiphicis rather than one'

ved FridaY bY thelDDroved I nday DY [ne
ld appe".. thal onlY dis-

,g .most of the Predomt-

B-11, Col. 1)
NIap Showg School District Election Boundariee

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Prior to a recent U.S. Supreme
9ourt decision, Simkins said Monday,
he felt sure -he would fight the ap-
proved distriei plan in feEeral couri.
But in a case involving Mobile, Ala.,
the Supreme Court ruled recently that
cities need not select offrcials by dis-
tricts even though at-large elections
tend to under-represent minorities.

Simkins said he isir't sure what ef-
fect that decision would have on ths
Greensboro school district system. He
plans to seek advice from attorney
Norman Smith, who works for thl
American Civil Liberties Union, when
Smith returns to towa W'ednesday,
Simkins said.

The approved district lines were
drawn by two consultants from the
University of Norlh Carolina at Chao-
el Hill, and adopted by the Greensboio
school board.in January. Under plans
outlined in a law passed by the Glner-

APproves

cts Plan
al Assembly last year, Greeusboro
voters will elect six school board mem-
bers froE districts, and one at-large.
The new board will take office Dec.-l.

As soon as it received the Justice
Department's approval Monday, the
Guilford County Board of Elections
announced that school board eandi:
dates may file for ofEce from Aug. 15
t_g Sept. 5. If more than one person
frles to run in any district, or for t}te
at-large seat, a primary will be held
Oct. 7.

School board races are non-parti;an,
meaning candidates will not be fisted
by political party.

..Because the terms of two curreut
school board members - James Davis
and--JoAnn Scoggin - don't expire
until December 1982, they may sene
alongside t}re seven elected m-embers
until that time. After their terms ex-
pire the board will have only seven
members. If Davis or Scoggin run for
elected seats - which both-have said
is possible 

- their terms would ex-
tend to 1984, along with all the others
if they should win. In that case, their
appointed posts would be eliminated
and the board would have only seven
members from the outset. If they run
and lose,_ however, they still-may
serve on the board until 1982.