Order Tentatively Approving Etowah County Compromise and Requiring Notice; Notice to Class
Public Court Documents
September 4, 1986

7 pages
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Case Files, Dillard v. Crenshaw County Hardbacks. Order Tentatively Approving Etowah County Compromise and Requiring Notice; Notice to Class, 1986. 1bfdc6c0-b7d8-ef11-a730-7c1e527e6da9. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a4e6ae49-027b-499d-9c25-ae5fc1acf4c8/order-tentatively-approving-etowah-county-compromise-and-requiring-notice-notice-to-class. Accessed April 27, 2025.
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~ D V4 / » [7 Vd \ 0 ¢ / &f Nn Ree. 7/7) 8 © IN THE UNITED STATES DISTRICT COURT FOR THE F I ks E D MIDDLE DISTRICT OF ALABAMA ~ NORTHERN DIVISION SEP 41986 THOMAS C. CAVER, CLER® JOHN DILLARD, et als, * DEPUTYELERK PLAINTIFFS * VS. * CASE NO. 85-T-1332-N CRENSHAW COUNTY, ALABAMA, * et als, : * DEFENDANTS ORDER_TENTA TIVELY APPROVING ETOWAH COUNTY COMPROMISE AND REQUIRING NOTICE TO THE CLASS At a conference in chambers on _ September 4, r 1986, counsel for the Etowah County Plaintiffs and Defendants informed the Court that they had reached a final compromise and settlement of this action with respect to Etowah County and sought this Court's tentative approval of its terms. Under the terms of the proposed settlement, the parties have agreed to the entry of an injunction requiring that the elections for the Etowah County Commission be conducted from six single-member districts, while allowing the incumbents to serve out their present terms or terms for which they will be elected in the 1986 General Election. The Court is of the opinion that the proposed consent decree filed with said joint motion is due to be and hereby is approved tentatively, subject to any objection by members of the plaintiff class. Pursuant to Rule 23(e), Fed.R.Civ.P., notice of this proposed compromise should be given to the members of the class of black citizens of Etowah County, Alabama. Accordingly, it is hereby ORDERED that the Defendant, Etowah County, Alabama, cause the notice attached to this order to be published in the Gadsden Times once a week for three successive weeks prior to _ ___ _September 30 __ oe 1986. Maps of the districts shall be displayed in the County Courthouse during the normal business hours. It is further ORDERED that the copies of the attached notice be provided by the defendant Etowah County, Alabama, to representatives of all local radio and television stations and to all representatives of media and black community organizations in Etowah County, who may request a copy thereof. Thereafter on October 9 + 1986, oi Go a Go SG Gf So Go i Go Ga GS GU Gow Ge Gum Cu. Gen Gwen Cu Ga o— o— at 4:00 _ o'clock, p.. m., this Court will conduct a hearing 2nd Floor Courtroom, in the Federal Courthouse in Montgomery, Alabama,/to consider objections by members of the class of the proposed compromise and settlement. DONE this the %th__day cof September , 1986. — a a oun a— — CG Cn — — — —. CC So Go. Do S— OG a a— Sia STATES DISTRICT J ° IN THE UNITED STATES DISTRICT COURT FOR THE ‘MIDDLE DISTRICT OF ALABAMA ~ NORTHERN DIVISION JOHN DILLARD, et als, * PLAINTIFFS * VS. * CASE NO. 85-T7-1332-N CRENSHAW COUNTY, ALABAMA, * et als, * DEFENDANTS 4 J I i TO: ALL BLACK CITIZENS OF ETOWAH COUNTY, ALABAMA: In this class ation brought by Dr. Spencer Thomas, Mr. Nathan Carter and Mr. Wayne Rowe, on behalf of themselves and all black citizens of Etowah County, Alabama, challenging the. election system for the Etowah County Commission, the named plaintiffs and the Etowah County Defendants have informed this Court that they wish to compromise and finally to resolve this lawsuit on the following basis: 1. A final injunction would be issued against the conduct of further elections of the Etowah County Commission under the at-large election scheme provided presently by state law. 2. Pursuant to the terms of the proposed consent decree, the Etowah County Commission will consist of 6 commissioners elected from single-member districts. The present Chairman of the Etowah County Commission, who will be elected in the November, 1986 general election for a new six year term, and who would take office on the second Tuesday after the first Monday in January, 1987, will continue to serve as chairman of the Etowah County Commission until the second Tuesday after the first Monday in January, 1993, however, during said time he shall not be entitled to a vote on the commission. Beginning on the second Tuesday after the first Monday in January, 1993, the office of the 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. 3. Under the proposed settlement, the present incumbent district commissioners for Districts 2 and 3, whose present terms expire in 1988, will serve as district commissioners for Districts 2 and 3 until District elections for Districts 2 and 3 are held in 1988, at which time candidates for said positions would run for new four year pati The commissioners for District 1 and 4, who will be elected in the 1986 general election for a four year term, beginning January, 1987, will serve as district commissioners for Districts 1 and 4, until District elections are held for Districts 1 and 4 in 1990, at which time candidates for Districts 1 and 4 will run for new four year terms. Thereafter the terms of the six district commissioners will be staggered with either two or four members running each two years. y 4. Under the proposed plan, in the meantime, a special election will be held in 1986 to elect new commissioners from single-member districts 5 and 6, one of which is the majority black district. The special primary election will be held November 4, 1986, with any necessary run-off November 26, 1986. The special general election will be held December 16, 1986. The persons elected in this special election will serve for an initial four-year term, during which time they shall have all the rights, privileges, duties and immunities of the other incumbent commissioners. When the commissioners elected in 1992 take office on the second Tuesday after the first Monday in January, 1993, there shall be selected by the Commission a President or Presiding Officer of the Etowah County 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 Commissioners. 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 on the second Puesday 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. 5. The parties have agreed to a plan for the six single-member districts boundaries. Maps showing the boundaries of the districts will be available for you to view during normal business hours at the Etowah County Courthouse. 6. Plaintiffs are the’ prevailing party in this action and are entitled to recover reasonable attorneys fees and expenses. The amount of attorneys fees and expenses will be determined by the court following a final approval of the proposed compromise. Fees and expenses have not been part of the negotiations leading to this proposed settlement. 7. The court has tentatively approved the settlement of this case on the basis stated above. However, because this lawsuit is a class action, this court has the responsibility of insuring that the interest of the entire of class of black citizens of Etowah County are adequately protected before giving its final approval to the proposed settlement. Accordingly, if any black citizen of Etowah County, Alabama, objects to the proposed compromise and final resolution of this lawsuit, he or she should set out the objection in writing, identify this case by its name and number and mail the written objection to Mr. Thomas C. Caver, Clerk of the United States District Court, Middle Ditrict of Alabana, P. O. Box 711, Montgomery, Alabama 36101, or deliver such objection to the Office of the Clerk, Second Floor, U.S. Courthouse, Montgomery, Alabama, on or before the October In addition this Court will conduct a public hearing on the 9th_ October 1986, : .m. o'clock, Second Floor Courtroom, at which time it will consider all objections from members of the plaintiff class to the proposed settlement, whether made in writing or in person. DONE this the 4th day of September r-1986. nn Co na gu a Oc cot a a mo ow oa Got mee Gm Sn Grey ET a STO8 Cw V7 int Lola ee BH UNITED STATES DISTRICT CLERK