Page 51 of Plaintiffs' Proposed Findings of Fact and Conclusions of Law

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FLOYD, KEENER & CUSIMANO 

816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

JACK FLOYD TELEPHONE: 
LARRY H. KEENER July 7, 1986 
GREGORY S. CUSIMANO AREA CODE 205 
JAMES E. HEDGSPETH, JR. 
MICHAEL L. ROBERTS 547-6328 
DAVID A. KIMBERLEY 

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

Re: Submission under Section 5 of Voting Rights Act 

Gentlemen: 

Etowah County, Alabama, herein submits for your consideration 
and approval changes in the manner of electing the Etowah County 
Commission from county wide "at-large" elections into five 
single-member commission districts, equal as possible in 
population, with a commission Chariman or County Executive 
elected county wide, to insure that the interest of minority 
citizens and all citizens of Etowah County, Alabama, are equally 
and adequately protected. : 

The contents of this submission as required by 28 C.F.R., 
Section 51.25 are as follows: 

(a) A copy of an order from the United States District 
Court for the Middle District of Alabama, styled John Dillard, 
et al., Plaintiffs vs. Crenshaw County, et al., Defendants, 
Civil Action 85-T-1332-N, in enclosed as Exhibit 1. In part,the 
order directed Etowah County, Alabama, (at page 27) to submit a 
time schedule to the Court for developing a new election plan, 
obtaining approval of the plan from the U.S. Department of 
Justice pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C.A., Section 1973 C, and implementing the 
new plan. 

(b) Prior to the order and at the present time, the Etowah 
County Commission consists of four district commissioners 
running from numbered places but elected at-large together with 
a Chairman of the Commission elected county wide by the voters 
of the County. A map of the at-large districts is enclosed as 
Exhibit 2. Under the new proposed redistricting plan for Etowah 
County the commission would consist of five-single member 
district commissioners to be elected from single-member 
districts by the voters in each district, with the districts  



  

being equal in population, as nearly as practical, together with 
a Commission Chairman or County Executive elected by the people 
county wide at-large. A map of the new single district plan is 
enclosed as Exhibit 3. 

(c) The person making the submission is Jack Floyd, 
Attorney for the Etowah County Commission, 816 Chestnut Street, 
Gadsden, Alabama 35999, Telephone (205) 547-6328. 

(d) The submitting authority as well as the jurisdiction 
responsible for the change is Etowah County, Alabama, a 
political subdivision of the State of Alabama. 

(e) The submission is from a county in the State of 
Alabama. 

(f) The Etowah County Commission of Etowah County, Alabama 
is the body responsible for the making the change. The 
Honorable Myron Thompson, Federal District Judge, was the person 
responsible for issuing the order or decree in this cause. The 
Etowah County Commission has adopted a Resolution relating the 
council district boundaries. A copy of the resolution approving 
the new plan is enclosed as Exhibit 4. A copy of the new 
Redistricting Plan is enclosed as Exhibit 5, Legal descriptions 
of boundaries of Districts are enclosed as Exhibit 6. The new 
redistricting plan was adopted only after public hearing duly 
called and warned, held at the Etowah County Courthouse on July 
l, 1986, and July 2, 1986. The public notice for hearing is 
enclosed as Exhibit 5. The legal advertisments and editorials, 
and comments from the Gadsden Times are enclosed as Exhibit 8, 
9. 10...11, 12 and 13, A transcript of the Public Hearings is 
enclosed as Exhibits 14 and 15. 

  

  

(g) The changes were adopted to pursuant to the Voting 
Rights Act of 1965, as amended; and the 14th and 15th Amendments 
to the United States Constitution. 42 U.S.C. Section 1973(a) (b) 
authorizes the Court to suspend the use of discriminatory 
devices as its determines is appropriate and for such period as 
it deems necessary. The Court did so. 

(h) The order of the Court was dated May 28, 1986. The 
resolution of the County was adopted July 2, 1986. 

(i) The changes will take place during the year 1986 and 
prior to the second Tuesday after the first Monday in January 
1987. Elections will be held prior to that time. 

(3) The changes have not yet been enforced or administered 
and will not be until the Justice Department Approves. 

(k) The changes were made to allow minority citizens of 
Etowah County, who comprise 13.4 per cent of the county 
population, a greater voice in the county government through the 
creation of five single member commission districts with one of 
predominantly black population (60.89 percent). It is expected 
that this will result in one minority citizen becoming a 

 



district commissioner. No black person has ever been elected to 
or served on the Etowah County Commission, although on two 
occasions, a black person has run for such office. The change 
will effect the entire jurisdiction also, in that all district 
commissioners will run from districts of equal size and will be 
elected only from the voters of that district. Only the 
Chairman or County Executive will be elected county-wide. 

(1) The changes are being made pursuant to the order of the 
Court. Since 1890 Etowah County has operated with an at-large 
system of electing district commissioners. The Legislature of 
the State of Alabama has never given the Etowah County 
Commission the right or authority to redistrict itself. The 
Legislature of the State of Alabama has heretofore failed to 
redistrict Etowah County into single member districts. This 
court action is the first opportunity that the Etowah County 
Commission has had to redistrict itself into single menber 
districts. 

(m) It is anticipated that the changes will result in one 
black person becoming a member of the commission. 

(n) The Federal District Court retains jurisdiction in 
Dillard vs. Crenshaw County, C.A.# 85-T-1332-N, and no final 
hearing has been held in this cause. 

(0) Prior practice in form of government of Etowah County 
have not been precleared with the Justice Department and were 
not subject to the preclearance requirements in that the act 
establishing the form of government by which Etowah County, 
Alabama, has been operating since 1890, predates the Voting 
Rights Act. 

(p) Supplemental contents of this submission as provided by 
28 C.R.F. Section 51.26 are as follows: 

(a) The total population of Etowah County, Alabama, 
according to the 1980 census was 103,003, of which 13,809 
(13.04 percent) were black. The total registered voter 
population in Etowah County is 69,098 of which 7,797 (11.28 
percent) are black. The number of registered voters in 
Etowah County is unusually high and does not reflect the 
true number of voters in that the voter lists have 
not been purged nor have voters been re-identified in 50 
years. The submitted changes do not increase or decrease 
the black minority population or the number of registered 
voters. 

(b) A map of the boundaries of the single member 
districts is enclosed as Exhibit 3. A resolution describing 
the boundaries of the new districts is also enclosed as 
Exhibit 6. Exhibit 16 summarizes the population for each 
district with the minority population and the percentage of  



  

minority population, the variance from the average district 
size and the percentage of variation from that average. 
All of this data is from the 1980 census. 

(c) Voting precinct boundary and polling place 
location changes will be made after final approval of 
the district boundaries by the Justice Department and 
submitted for clearance. 

(d) No election has been held in regard to these 
five districts. 

(e) None of these changes effect the use of the 
language of a language minority group. 

(£) Public notices of the changes were published 
in various articles in the Gadsden Times, the only daily 
newspaper published in Etowah County. Also legal notices 
of the date and time for a public hearing to be held on July 
1, 1986, at the Etowah County Courthouse were published. 

(g) Racial minority group members, including all of 
plaintiffs in the lawsuit, and others who could be expected 
to be familiar with the proposed changes and who have been 
in active political process were notified and they do 
include the following: 

Etowah County Voters League 
c/o Mr. Q. D. Adams 

(205) 492-6538 (or at work 546-2821) 

NAACP of Gadsden - Etowah County 
c/o Joseph Faulkner 
403 North 9th Street 
Gadsden, AL 35901 
(205) 546-6903 (or at home 492-4675 

Dr. Spencer Thomas 

(205) 547-7043 (at work 546-3381) 

Mr. Nathan Carter 

(205) 547-3114 

Mr. Wayne Rowe 

(205) 492-8076 

 



Southern Christian Leadership Conference 
c/o Reverend R. C. Suttles 
901 Tuscaloosa Avenue 
P. O. Box 1871 
Gadsden, AL 35902 
(205) 546-0432 
or at home 
or at work 1149 First Avenue, Gadsden, Al 35901 
(205) 546-0411 

Mr. Robert Avery 

(205) 547-5058 

Rev. L. A. Warren 

(205) 547-5095 

Mrs. Mildred Williams 

(205) 546-8793 

Mr. Cicero Bynum 

(205) 547-8179 

Ms. Sarah Thompson 
Director, Legal Services 
802 Chestnut Street 
Gadsden, Al 35901 
(205) 543-2435 
or at home 

(205) 492-4775 

Mr. Jack Lowe, Sr. 

(205) 543-7952 

Mr. Walt Higgins 

(205) 492-9516 

Mr. Alfred L. Williams 

(205) 547-8500  



® » 

  

Mr. Johnny Flenoir 

Mrs. Gladys Barnes 

(205) 546-0635 

Rev. Jesse Maxwell 

(205) 547-5629 

Dr. Roger Watts 

President, Etowah Chapter 
Alabama New South Coalition 
415 Crawford Street 
Gadsden, AL 35903 
(205) 492-1783 

(h) Enclosed are two maps. One map (Exhibit 2) shows 
the boundaries of the current district commissioners who 
are elected at-large. The second map (Exhibit 3) shows the 
boundaries of the new single member district under the 
plan submitted. 

(i) A public hearing was held on July 1, 1986, at 
5:30 p.m. and again on July 2, 1986, at 1:30 p.m. Attached 
hereto is a transcript of all the proceedings at both public 
hearings marked Exhibit 14 and 15. Following the comments 
of the minority members of the general public present 
requesting to change in the manner of the appointment of a 
presiding officer at commission meetings for the county 
commission and asking the commission to include a minority 
town known as Ridgeville in District Five, the Etowah County 
Commission made the proposed changes and did on July 2, 
1986, adopt the enclosed redistricting plan for the Etowah 
County Commission of Etowah County, Alabama (Exhibit 4). 

(Q) BECAUSE QF THE PENDING LITIGATION CONCERNING THIS 
MATTER, THE SUBMITTING AUTHORITY REQUESTS EXPEDITED 
CONSIDERATION OF ITS SECTION 5 SUBMISSION FOR PRECLEARANCE. The 
court has determined that a new redistricting plan must be in 
place prior to January 1, 1987, and consideration is needed on 
or before 60 days from the date of this submission. 

R Pes ly submitted, 

5 a J Floyd 

  

Attorney for Etowah County 
Commission   
 



Buddy Kirk 
Pickens County Attorney 
P. O. Drawer AB 
Carrollton, AL 35447 

David R. Boyd 
P. O. Box 78 
Montgomery, AL 36104 

 



  

15. 

16. 
for 

LIST OF EXHIBITS 

Order of Federal Court. 

At Large Map showing present districts. 

New Proposed Single District Map. 

Resolution of Commission Approving Plan. 

New Redistricting Plan. 

Legal Descriptions of New Five Districts. 

Public Notices of Public Hearing on Plan. 

Legal Advertisement for Public Hearing of June 17, 1986. 

Legal Advertisement for Public Hearing of June 23, 1986. 

Legal Advertisement for Public Hearing of June 30, 1986. 

Editorial in Gadsden Times on new plan of June 18, 1986. 

News release in Gadsden Times on new plan of June 22, 1986. 

News release in Gadsden Times on new plan of July 1, 1986. 

Transcript of Public Hearing July 1, 1986. 

Transcript of Public Hearing July 2, 1986. 

Summary of Population and percentage of minority Population 
each new District. 

 



FLOYD, KEENER & CUSIMANO 

Attorneys wot Loe 

816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

Deborah Fins 
Julius Chambers 
99 Hudson Street, 16th Floor 
New York, New York 10013