Perea v. Town of Pecos City Plaintiffs' Proposed Findings of Fact and Conclusions of Law

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IN THE UNITED STATES DISTRICT COIJRT

FOR THE WESTERN DISTRICT OF TEXAS
PECOS DIVISION

FRANK R. PEREA, ET AL. , S

s

Plaintiffs, S

s

v. S

s

TOT,IN OF PECOS CITy, ET AL., s cIvIL ACTIoN N0. P-83-CA-22
s

AIID S

s

PECOS-BARSTOW-TOYAH INDEPENDEM $

SCHOOL DISTRICT, ET AL., S

PLAINTIFFS' PROPOSED FI,N]D-INGS OF FACT

Plaintiffs proposed the following findings of fact and

conclusions of 1aw-

FINDINGS OF FACT

1. According to t.he 1980 federal census, the Town of Pecos

City has 12,855 Persons of which 7,939 or 61.757 are Mexican

Anerican and 364 or 2.832 are Black'

Z. According Eo the 1980 federal census, the Pecos-Barstow-

Toyah ISD has 15,594 persons of which 9,626 or 61.732 are

Mexican Anerican and 379 or 2.437 a:.e Black'

3. Elections for both the Town of Pecos City Council and

pecos-Barstow-Toyah ISD school board are conducted in at-1arge

staggered te::E election sYstells'

4. The Town of Pecos City is governed by a council

composed of a llayor and five (5) council Persons.

5. The Pecos-Barstow-Toyah ISD is governed by a seven

member board of trustees.



6. Over the lasr 46 (forty-six) years since 1937, 5 (five)

different Mexican Americans have served on the City Council ln

the Town of pecos City. Over the 6aoe time period, 31 different

Anglos have served on the counctl'

7. Over the last h6 (forty-six) years since 1937 no

l,lexican Aoericans have served as llayor of the Town of Pecos.

B. Over the last 31 (thirty-one) years since 1952, there

have been only 3 (chree) different l'texican Aoericans who have

been elected to the Pecos-Barstow-Toyah ISD school board.

. g. Over the last 46 (forty-six) years since 1937, there

have been a total of 125 (one hundred twenty five) winners for

councilmanic Positions in Pecos '

10. Over the lasr 46 (forty-six) years since 1937 of the

l?5 (one hundred twenty five) councilmanic winners 110 (one

hundred ten) or 882 have been Anglo and 14 or ll .27, have been

Mexican American.

11. Over the last 31 (thirty-one) years since 7952 there

have been g0 (eighty) total winners for Pecos-Barstow-Toyah ISD

school board Positions.
lZ. Over rhe lasr 31 (rhirty-one) years since 1952, of the

g0 (eighty) winners for Pecos school board 75 (seventy-five) or

93.752 have been Anglo and 5 (five) or 6.252 have been llexican-

Anericans.

13. ElecEions in Pecos are marred by racialy bloc voting.

14. The l,texican Aroerican conrmurnity in Pecos cannot indepen-

dently elect candidates of their choice '

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15. llexican American suPPort is not essentisl to

electoral success in Pecos municipal and school board elections.

16. The Anglo coumunity ln Pecos can and does independent-

ly elect candidates of their choice'

17. Anglo support is essential to electoral success in

Pecos municipal and school board elections '

1g. The tlexican American cornmunity and the Anglo coourunity

in Pecos are Polarized.

19. There exists in Pecos segregated residential

neighborhoods.

ZO. The Mexican American population in Pecos has attained

lower educational 1evels than the Anglo population in Pecos.

?.1 . The Mexican American population in Pecos has attained

Iower economic levels Ehan the Anglo population of Pecos.

ZZ. The Mexican Anerican population in Pecos has higher

uneoplolment raEes than does the Anglo population of Pecos.

23. There have been past voting policies and practices in

Texas thac have discriminated against llexican American voters in

Texas.

Zq. There have been past voting policies and practices in

pecos that have discriminated against Mexican American voters.

25. The State of Texas and the Town of Pecos city and the

pecos-Barstow-Toyah ISD have a long history of discrimination

against llexican Anerican citizens which has denied and continues

to deny Mexican American citizens in Pecos equal access to the

political Process.

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26. Mexican Americans are 50.552 of the registered voters

in Reeves CountY, Texas.

27. l,iexican Americans are 43,t+97 of the registered voters

in the Town of Pecos CitY.

Zg. There are currently no l'lexican Americans in the Town

of Pecos CitY Council.

Zg. There is currently only 1 (one) Mexican Anerican in

the Pecos-Barstow-Toyah lSD school board'

30. The Town of Pecos City has refused and failed to

appoint l,lexican Americans Eo City boards and corrmis s ions in

other than minimal numbers.

31. The pecos-Barstow-Toyah lSD has refused and failed to

appoint ttexican Americans to school cott'-ittees in other than

miniroal numbers.

32. The pecos-Barstow-Toyah ISD has refused and failed to

appoint and name Mexican Anerican election judges for school

board eLections.

33. The Town of Pecos City's hiring Practices relegate

!,lexican American eoployees to non-managerial and lower skill and

lower paying positions on the city staff '

34. Itre pecos-Barstow-Toyah ISD's hiring practices liroit

the number of uexican American professional staff both in

teaching and administrative positions to minimal numbers.

35. The Town of Pecos city is not responsive to the

interests and needs of the Mexican Aoerican cormmnity.

36. The pecos-Barstow-Toyah ISD is not responsive to the

interests and needs of Ehe Hexican American comtrnity.

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37 . The policies underlying the Torsn of Pecos city's use

of the at-large stsBBered term election sy6teID are tenuous '

3g. The policies underlying the Pecos-Barstow-Toyah ISD's

use of the at-Iarge staggered t,em election sysEeEI are tenuous.

39. Both Ehe Town of Pecos city and the Pecos-Barstow-

Toyah rsD are now and have been alrare that single member

district plans could be itoplemented to remedy the past exclusion

of the Mexican Aoerican comrunity froo the electoral Process.

40. The maintenance of the at-1 arre staggered terTl

election systerD has served to PresenEly deny the Mexican

American corrrunity access to the Town of Pecos City Council and

the Pecos-Barstow-Toyah School Board'

41. The maintenance of the at-Iarge staggered tenn

election system has served to insure that the l'lexican American

couurunity of Pecos has less oPPortunity Ehan other members of

the electorate to Participace in the polit'icaI Process and to

elect candidates of their choice'

CONCLUSIONS OF LArt"

1. This court has jurisdiction to hear and deter:urine the

plaintiffs claims pursuanr ro Section 2 of the voting Rights Act

involved in this ririgation. 4? u.s-c. s1973 i 28 u.s.c. $$1331 '

1343 and 2207.

2. The Court is ProPerIY convened'

3. The Voting Rights Act of 1965 as amended, 42 u's'c'

$ 1973 et seq . \^7as enacted to ensure the Protection of rights

guaranteed by trhe Fifteenth Amendment and "to rid the country of

racial discriuination in voting." south carolina v. Kaczenbach,

86 S.Cr. 803 (1966).
E



A. The Town of Pecos City and the Pecos-Barstow-Toyah ISD

are subject to the provislons of the Vottng Rights Act, 42

U.S.C. $1973 eE teq.

5. Section 2 of the Voting Rights Act aE aoended precludes

the use of voting qualifications or Prerequisites to voting or

standard, practice or procedure which shall be iuposed or

applied by eny political subdivision ln a Eanner which results

in a denial or abridgeuent of the right to vote on account of

race or color or membership in a language minority grouP.

O. The Tou'n of Pecos City and the Pecos-Barstow-Toyah ISD

are political subdivisions within the meaning of Section ? of

the Voting Rights Act , 42 U. S-C. 1973 '

7. The election system used for election of councilmembers

and school board trustees in Pecos are voting qualifications or

prerequisites to voting or standard, Practice or procedure

within the meaning of Section 2 of the Voting Rights Act, l+2

u.s.c. $1973.

8. Based on the totality of circumsEances, the political

process leading to nomination or election in the Town of Pecos

City and in Pecos-Barstow-Toyah lSD is not equally oPen to

participation by the l'lexican American conrmunity in that its

meobers have less oPPortunity than oEher meobers of the

electorate to participaEe in the political Process and to eLect

representat.ives of their choice'

g. The maintenance and aPPlication of the at-large,

staggered ter:E election system by the Town of Pecos City and

the pecos-Barstow-Toyah ISD results in a denial ol abridgement

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of the righg to vote of the }lexican American couuunity of Pecos

in violation of Section 2 of the Voting Rights AcE 1.2 U.S.C.

s 1973.

10. The present sysEeE of at-Iarge, staggered tetm ctty

and school district wide voting for city council and school

board meobers ln Pecos dilutes, minimizes, and cancels out

Mexican Aoerican voting strength in Pecos and thus denies to

Mexican American citizens and Mexican American voters the right

meaningfully to participate in the municipal and school board

election process and to eLect candidates of their choice in city

and school board governoent secured by the Voting Rights Act 42

u.s.c. s1973.

DATED: Respectfully submitted,

JoAQUIN G. AVILA
MORRIS J. BALLER
JOSE GARZA
JUDITH A. SANDERS-CASTRO
JOSE ROBERTO JUAREZ, JR.
ALBERT KAUFFMAN
l,lexican American Legal Defense

and EducaEional Fund
201 N. St. l,lary's Street
517 Petroler:m Comrerce Building
San Antonio, Texas 78205

OF COUNSEL:

ROI.ANDO RIOS
Southwest Voter Registration
Education Proj ect

201 N. St. Mary's Street
501 Petroleum Cornmerce Building
San Antonio, Texas 78205

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GEORGE KORBEL
3185 Perkdale
Apt. 8A-141
San Antonlo, Texae 78756

ATTORNEYS FOR PI.AIMITFS

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