Correspondence from Floyd to Counsel Re: Notice of Proposed Redistricting for the Etowah County Commission

    : / / 
) 

FLOYD, KEENER & CUSIMANO 

Attorneys al ites 

816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

JACK FLOYD TELEPHONE: 
LARRY H. KEENER 
GREGORY S. CUSIMANO June 17, 1986 AREA CODE 205 
JAMES E. HEDGSPETH, JR. 
MICHAEL L. ROBERTS 547-6328 
DAVID A. KIMBERLEY 

Mr. Larry T. Menefee 
Attorney at Law 
P. O. Box 1051 
Mobile, AL 36633 

"Mr. Terry G. Davis 
Attorney at Law 
P. O. Box 6215 
Montgomery, AL 36104 

Ms. Deborah Fins 
Attorney at Law 
99 Hudson Street, 16th Floor 
New York, N.Y 10013 

Mr. Edward Still 
Attorney at Law 
714 South 29th Street 
Birmingham, AL 35233 

Re: DILLARD VS. CRENSHAW COUNTY 

Gentlemen: 

On June 9, 1986, I forwarded to you a copy of the letter for 
Etowah County addressed to the Honorable Myron H. Thompson, 
together with a copy of Etowah County's Time Schedule as 
requested by his Order and a copy of an Offer of Judgment. 

Enclosed is a Notice of a Public Hearing on the proposed plan 
prepared by Etowah County. The meeting or public hearing is set 
for July 1, 1986, at 5:30 P.M. 

For your information I enclose a copy of the proposed five 
district plan of Etowah County, which also will include an 
elected County Executive. I also enclose a map of the plan. 

 



  

Page 2 
June 17, 1986 

  

If there are any questions, please let me know. 

Enclosures 

 



    

TO ALL THE CITIZENS OF ETOWAH COUNTY, AlABAMA: 

WHEREAS, a Class Action has been brought by Dr. Spencer 
Thomas, Mr. Nathan Carter and Mr. Wayne Rowe, on behalf of 
themselves and all blacks citizens of Etowah County, Alabama, 
challenging the election system for the Etowah County 
Commission, in an action styled JOHN DILLARD, et al.,PLAINTIFFS, 
VS: CRENSHAW COUNTY, ALABAMA, et al., DEFENDANTS, in the UNITED 

STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA, 

NORTHERN DIVISION, C.A.# 85-T-1332-N, and, 

WHEREAS, Etowah County, Alabama, and its officers wish to 
resolve the lawsuit and redistrict Etowah County into 
single-member commission districts thereby insuring that the 
interests of minority citizens and all citizens in Etowah County 
are equally and adequately protected in any redistricting plan 
proposed for Etowah County, 

NOW, THEREFORE, this is notice that a meeting will be held 
by the County Commission on July 1, 1986, at 5:30 P.M., which 
shall be open to the general public for the purpose of 
explaining a new redistricting plan for Etowah County, Alabama, 
prepared by the County Commission, and for the purpose of 
hearing objections to the purposed redistricting plan. The 
hearing will be public hearing on July 1, 1986, at 5:30 P.M., at 
which time the County Commission will consider all objections 
presented, whether in writing or in person, from the residents 
of Etowah County, Alabama, and particularly from the minority 
residents and citizens of Etowah County. The meeting will be 
held in Courtroom No. 1 on the second floor of the Etowah County 
Courthouse on said date and at said time. 

The new redistricting plan for Etowah County, Alabama, 
prepared by the County Commission consists of the following: 

(a) The Etowah County Commission shall consists of five 
single-member district commissioners to be elected from single- 
member districts by the voters in each district, and it shall be 
the policy making body of the county. 

(b) The districts shall be equal, as nearly as practicable, 
in population. # 

(c) The single-district member commissioner for district 
five would be elected in the year 1986. The four present 
incumbent at large commissioners, none of whose terms would 
expire prior to 1988, will be allowed to serve until election 

 



  

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was held for single-member districts one, two, three and four in 
1988. 

(d) Maps showing the boundaries of the five single-member 
districts will be available for you to view during normal 
business hours at the Etowah County Courthouse in Gadsden prior 
to the time of the above meeting. 

(e) There shall also be an Etowah County Executive elected 
by all voters of the county. The newly elected Chairman of the 
Etowah County Commission who will be elected in the November 
1986 General Election, and who would take office on the second 
Tuesday after the first Monday in January, 1987, will become the 
first Etowah County Executive. His term of office shall be for 
six years. 

(f) The County Executive 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. 

(g) Duties of the County Executive shall be extended to 
include the preparation and proposing of the county budget to 
the county commission in addition to those budget control duties 
given to the present chairman of the Etowah County Commission 
under Act 432, State of Alabama, 1975, as amended by Act 884, 
State of Alabama, 1985. 

(h) The County Executive shall have all those duties and 
responsibilities heretofore given to the Chairman of the 
Commission by the Code of Alabama and Legislative Acts, SAVE AND 
EXCEPT, those of presiding over county commission meetings, 
making or seconding motions at meetings of the commission, and 
voting on motions. 

(i) The County Executive shall not be entitled to vote at 
commission meetings nor shall he be permitted to make or second 
motions at meetings of the commission. He shall have no 
legislative functions or duties. 

(j) Compensation for the Etowah County Executive shall be 
that as previously authorized for the Chairman of the Etowah 
County Commission. 

(k) Etowah County shall secure the introduction and 
legislation to formalize this agreement in the Legislature of 
the State of Alabama and shall submit it to the United States 
Justice Department for preclearance under the Voting Rights Act; 
however, upon appropriate order of the Court, Etowah County 
shall implement the terms of this plan in the following manner: 
In 1986 the District Commissioner for the District Five would be 
elected under the plan. In 1988 all members of the Commission 
shall run for office under the plan, with each of them running 
for a six (6) year term. 

(1) The County Commission shall elect one of its number as 

 



    

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President who shall preside at meetings and shall set the 
agenda, but said President shall no other additional authority 
nor shall he receive more compensation than any other District 
Commissioner. 

The Etowah County Commission acknowledges that it has the 
responsibility of insuring that the interests of the entire 
class of black citizens are adequately protected in any proposed 
redistricting plan. If any black citizen, or other citizen of 
Etowah County, Alabama, objects the above proposed redistricting 
plan, he or she may set out said objections in writing and may 
mail the written objection to Mr. Jesse Martin, Chief Clerk, 
Etowah County Commission, Etowah County Courthouse, Gadsden, 
Alabama 35999, or by delivering such objection to the office of 
the Chief Clerk of the Etowah County Commission, first floor, 
Etowah County Courthouse, Gadsden, Alabama, on or before July 1, 
1986; or, you may present your objections in person at the 
public hearing on July 1, 1986, at 5:30 P.M., at which time the 
Etowah County Commission will consider all objections whether 
made in writing or in person. You are invited to attend the 
Etowah County Commission meetinf on said date. 

 



  

C
I
N
 

e
A
 

  

  

Tract/Block/ED 

0013 218-224 

0013 BG 3 

0016 

0016 224,231-233 

0016 230p 

0016 

0016 

0016 BG S 

0017 

0017 

0017 

0105 ALL 

0106 ALL 

Total 

# 

107-112,123-126 

325,328,333-335 

401-409,423,427-429 

304,308-320,322,323 

408,409,411 ,419-422 

918,920,921,923,924 

A 
WV” 

ETOWAH COUNTY COMMISSION 

FIVE DISTRICT PLAN 

District 1 

Total 

147 
906 
278 
143 
72 

329 
343 
756 
394 
340 

Deviation = +260 

Percent Deviation = 

Black 

ra : I 7 oA y ped 

ap ERE FRR Fre Sn 

‘April 28, 1986 

 



  

  

Yepaid. 
Pla 

  

  

District 2 

Tract/Block/ED Total 

0002 BG 2 733 
0002 309-324,331-340,342,343, 346 860 
0002 S508-518,520,526,527 337 
0004 ALL 4699 
0005S ALL 2628 
0007 BG 1 438 
0007 316-324 283 
0008 102-104,107-128 297 
0013 BG 1 548 
0013 201-208 300 
0013 411-430 468 
0014 ALL 1258 
0015 102-116 224 
0015S 311.312 224 
0101 ' 231,233 34 
0101 301,310-319,328,329,332-336 465 
0102 BG 1 530 
0102 408-409 142 
0103 917-950 484 
0107 ALL 3124 
0108 ALL 2640 

Total 20716 

Deviation 

Percent Deviation 

N ® 
v
O
 

N 
N 

O
C
O
N
K
H
N
O
O
C
D
O
D
O
W
O
D
O
N
W
N
K
 

nN
 

Ww
 

(o)
} 

13 

April 28, 1986



he 
-_y 

wi 
* 

  

: T
r
 

  
ky 

District 3 

{Block/ED Total 

BG 2 899 
BG 3 462 
BG 4 737 
BG 3 922 
BG 4 316 
BG S 683 
BG 6 707 
BG 7 279 
127 0 
201-203,215-220,231,234 262 
BG 3 S10 
402-407,410-425 497 
BG S 772 
BG 6 721 
BG 7 1041 
BG 8 990 
BG 9 275 
101-111,119-132 871 
ED S25, 313 
104-105,107-108,110-112,126 243 
931,939p,943,950p, 951,953,954 578 
ALL 1227 
ALL 7089 

Total 20594 

Deviation 

Percent Deviation 

A 3
 

April 28, 

N
 

ay
 

W
N
 

b
O
M
O
O
O
O
U
V
L
O
 

W
O
O
N
 

Ww
 

[W
N ve)
 

O
N
O
O
S
M
O
O
O
D
N
 

1986 

 



    

  

Tract/Block/ED 

0001 121,124-126,141, 
0001 215-220,223,225 
0008 212-215,218,219 
0008 301-303,306-313 
0010 BG 1 
0010 201-206,211-214 
0011 ALL except 127 
0012 ALL 
0103 ED S52, ED 528 
0103 112-118,133-137 
0103 BG 2 
0103 906 
0104 106,109,123,127- 
0104 BG 2 
0104 BG 3 
0104 BG 4 
0104 BG 8 
0104 903-918,926,948- 
0104 9S1p, 
0104 ED S29 
0111 ALL 

Total 

District 4 

142 443 

128 212 

949,955-989 2862 

Deviation = 

Percent Deviation = 

+60 

+0.29% 

April 28, 

Ww
 

d
C
O
O
C
O
O
M
K
M
Y
O
O
O
O
O
 

1986 

 



  

9 

  

District S 

{Block/ED Total 

101-120,123,131,134,140 156 
201-211,214,222,224 43 
108-126,129-133 1253 
329,330,341,344, 345 103 
409-423 389 
501,505,506,519, 524 s87 
906 20 
ALL 4764 
BG 1 761 
201-203,209-213,219-224 661 
301-315,325-327 178 
101,105,106,129,130 100 
201-211,216,217,220 239 
304,305,314-322 642 
BG 1 | 776 
BG 2 102 
207,210,215,216 476 
BG 3 760 
210-217,225 228 
401-403,408-410,431-434 263 
117-119 231 
202,206-215 461 
302-310,313-317, 321 913 
101-104,113-115,127-129 571 
205-221,229,230,234 708 
308-319,327,330-332 815 
410-422,424,425,430 441 
BG 1 337 
BG 2 782 
301-303, 307, 321 197 
904-917,919 29 
104-133 69S 
201-203 17 
206-230,232, 234 57S 
302-309,324,326,332 228 
206-214 332 
221,222,225,226,228,229,232 372 

Total 2020S 

Deviation = -406 

Percent Deviation = -1.97% 

April 28, 1986 

 



    

pK, Rp 

re 
nly 

  

District Population 
20871 
20716 
20594 
20671 
2020S 

  

ETOWAH FIVE DISTRICT PLAN 

STATISTICAL SUMMARY 

White Pct 
20572 98.57% 

20139 97.21% 

19986 97.05% 

20315 98.28% 

7794 38.57% 

Ideal District 

Overall Deviation 

Pet. Pot. 
1.09% +1 

2.53% +0 

2.68% -0 

0.99% +0 

0.88% -1 

April 28, 1986