Defendant's Response to Interrogatories, Escambia County

    : % 

  

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

NORTHERN DIVISION 

JOHN DILLARD, ET AlL., 

Plaintiffs, 

CIVIL ACTION NO. 85-T-1332=N VS. 

CRENSHAW COUNTY, ALABAMA, 
ET AL, 

Defendants. 

  
RESPONSE TO INTERROGATORIES BY DEFENDANT, ESCAMBIA COUNTY 

Defendant, Escambia County, by and through its Chairman, Devon 

Wiggins, responds to plaintiff's interrogatories as follows: 

1. Escambia County adopts the response submitted by Martha 

Kirkland, Judge of Probate. 

2. Denied. 

3. . See attached list of boards in Escambia County. 

I. See attached list of boards in Escambia County. 

A... The procedure utilized by the: County Commission .is to 

recelve requests and recommendation from the board and from members of 

the County Commission. 

B. We ‘object to this particular question. lt would require 

an individual to search the minutes of each County Commission meeting 

since 1965. This is an overly burdensome procedure. All current board 

lists are attached. Alternatively, the County Commission of Escambia 

County offers to prodcue the minutes for inspection or examination 

 



  

pursuant to Rule 33(c) FRCP. 

C. The:County Commission. 

De." (1) Pension "and Security: ‘=. The State of Alabama 

establishes the guidelines. 

(ii) Health Care Authority - This is the governing body 

for the three.county hospitals, ‘Green Lawn in Atmore, "Abernathy 

in Flomaton and D.W. McMillan in Brewton. See Article 11, Chapter 21, 

Title 22, Code of Alabama 1975. 

(iii) Cooperative Libraby System Board =~ This board 

oversees the county wide library system, moblle book distribution and 

coordinates municipal and school libraries. 

(iv) The Water and Fire Protection Authorities - There 

are three local water and fire protection authorities that are the 

governing bodies of the Community Water Systems. 

5. Escambia County adopts the response submitted by Martha 

Kirkland, Judge of Probate. 

6. Negative. 

T.: Affirmative, 

8. See general policy in employee handbook dated June 1979, a 

copy of which is attached. 

9. See general policy in employee handbook dated June 1979, a 

copy of which is attached. 

10. Escambia County has no public housing. 

11. Negative. 

12. Escambia. County 'adopfs the response submitted by Martha 

 



  

Kirkland, Judge of Probate. 

13+. As See records. and .reporis attached to the response by 

Martha Kirkland, Judge of Probate. 

B., "Each member of the County Commission sought and received 

the endorsement of the ADC with exception of Commissioner Vickery. 

However, none have received any contribution. 

C. See record of contributions attached to response by the 

Probate Judge. 

D. See record of contributions attached to response by ‘ihe 

Probate Judge. 

E. Note campaign literature attached. 

F. Attended the Atmore ADC at the Sportsman Club. 

(1) Campaigned at the ADC meeting. 

(2) Not known. 

G. Attended Indian Porch Community gathering but no white 

church, club or facility. 

H., General issues in favor. of good government, 

1. General issues in favor of good government. 

J. «NO... Appealed for the votes-of all citizens of Escambia 

County. Promised to be fair and trusted the record would warrant their 

continued support. 

K. “s§one. 

lL..:. None, 

M. To the best of my information and belief all County 

Commissioners running had the support of the black community with the 

 



  

possible exception of Commissioner Vickery who apparently did carry 

the black vote but did not receive the endorsement of the ADC. 

N. “Jo. {he Dest of my information and belief all County 

Commissioners running had the support of the black community with the 

possible exception of Commissioner Vickery who apparently did carry 

the black vote but did not receive the endorsement of the ADC. 

O. Not available. 

P. See reports of campaign expenditures attached to response 

by Judge Kirkland. 

14. All Commissioners, Kenneth Taylor, Administrator and records 

of the Probate Judge. 

15. A referendum was held in 1982. 

A... No requesi was ‘made for .any action by the. County 

Commission. 

B. Not applicable. 

No request had been made of the County Commission, however, in 

response to some requests the Commission Chairman met with various 

black leaders and white leaders in 1983 or 1984 to urge the Escambia 

County School Board to redistrict. 

16. “No "mention. has been made of race that any of us is aware of 

and ve do not therefore classify. ‘any of the ‘elections as being 

racially polarized. In the only election for County Commission for 

which a black ran, to the best of our recollection and belief, the 

white Commissioner won the endorsement of the A.D.C. and carried the 

black vote. 

 



  

17. 

18. 

does make some appropriations to the School Board. 

definition of 

Not applicable. 

The County School Board is a state agency although the county 

Depending on your 

recent past" the school system in the recent past has 

been racially integrated. 

19. We 

the operation of the County School System. 

20. We 

the operation of the County School System. 

21. See 

22+: The 

Church, 

Association. 

23+ “The 

not maintain 

24. The 

not maintain 

5. 

however, 

such maps. 

(historically 

American 

it is our understanding that plaintiff's 

Basically 

do not maintain documents or have personal knowledge of 

This isa state agency. 

do not maintain documents or have personal knowledge of 

This is‘'a state agency. 

attached EEO-4 Annual Reports. 

Chairman is a member of the Lions Club, First Methodist 

Legion, Chamber of Commerce, Downtown Merchants 

County School System is an agency of the state and we do 

this information or records. 

County School System is an agency of the state and we do 

this information or records. 

EEO-4 reports attached. 

map attached. We do not have a copy of the census maps, 

counsel does have 

the districts are based upon road mileage 

the County Commissioners were road commissioners) and 

not upon population. 

27 . 

28. We 

None. 

adopt the response of the Judge of Martha Probate, 

 



  

Kirkland. 

29. We adopt the response of the: Judge of . Probate, Martha 

Kirkland. 

  

  

30." Not known at this time. 

# va] Whe 
DEVON WIGGINS, {/( 
Chairman County Commission 

SWORN to and SUBSCRIBED before me this the y.day of TAY beings 
1986. 

i» Aer 

vd 

NOTARY PUBLIC 
  

  

James W. Webb 
Attorney for Escambia County 

OF COUNSEL: 

WEBB, CRUMPTON, McGREGOR, SCHMAELING & WILSON 

166 Commerce Street 
P.O. Box%238 

Montgomery, Alabama 36101 
(205) 834-3176 

OTTS & MOORE 
P.O. Box 467 
Brewton, Alabama 36427 
(205) 867-7724 

CERTIFICATE OF SERVICE 

I hereby certify that copies of. the foregoing response 
to interrogatories by defendant, Escambia County, have been mailed to 
Larry T. Menefee, Esquire, James U. Blacksher, Esquire and Wanda J. 
Cochran, Esquire, Blacksher, Menefee & Stein, 405 Van Antwerp 
Building, P.O. Box #1051, - Mobile, Alabama. "36633,. Terry G. Davis, 
Esquire, Seay & .Davis,. 732 Carter Hill "Road, "P.O. Box 6125, 

Montgomery, Alabama 36106, Deborah Fins, Esquire and Julius L. 

 



  

Chambers, Esquire, NAACP Legal Defense Fund, 99 Hudson Street, 16th 
Floor, New York, New York, 10013, Jack Floyd, Esquire, Floyd, Kenner & 
Cusimano, 816 Chestnut Street, Gadsden, Alabama 35999, Alton Turner, 
Esquire, Turner & Jones, P.0. Box 207, Luverne, Alabama 36049, D.L. 
Martin, Esquire, 215 S. Main Street, Moulton, Alabama 35650, David 'R. 
Boyd, Esquire, Balch & Bingham, “P.O. Box 78, Montgomery, Alabama 
36103, W.O0. Kirk, Jr., Esquire, Curry % Kirk, Phoenix Avenue 
Carrollton, Alabama 35447, Barry D. Vaughn, Esquire, Proctor & Vaughn, 
121 N. Norton Avenue, Sylacauga, Alabama 35150, H.R. Burnham, Esquire, 
Burnham, Klinefelter, Halsey, Jones & Cater, 401 SouthTrust Bank 
Building, P.O. Box 1618, Anniston, Alabama 36202, Warren Rowe, 
Esquire, Rowe, Rowe & Sawyer, P.O. Box 150, Enterprise, Alabama 36331, 
Edward Still, Esquire, 714 South 29th Street, Birmingham, Alabama 
35233-2810, Reo Kirkland, Jr., Esquire, P.O. Box 646, Brewton, Alabama 
36427, and all defendants not represented by counsel by placing copies 
of the same in the United States Mail, postage prepaid this the 22 
day of February, 1986. : 

  

SY emos YW. Webb