Correspondence from Floyd to Menefee with Etowah County Redistricting Plan and Stipulation

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FLOYD, KEENER & CUSIMANO 

Attormeys al Zac 
816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

JACK FLOYD TELEPHONE: 
LARRY H. KEENER 
GREGORY S. CUSIMANO AREA CODE 205 
JAMES E. HEDGSPETH, JR. July 2, 1986 
MICHAEL L. ROBERTS 547-6328 
DAVID A. KIMBERLEY 

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

Re: Dillard vs. Crenshaw County 

Dear Larry: 

Enclosed is a copy of the plan for Etowah County, which has been 
adopted by the Etowah County Commission and is being submitted 
to the Justice Department for preclearance. 

Public hearings were held on the plan and many recommendations 
and comments of the general public, especially minority 
residents, were presented and many of those recommendations were 
incorporated in the plan enclosed. 

At the public hearings no minority citizen made particularly 
objection to the election of a Commission Chairman by the voters 
county wide, except one of your Etowah plaintiff's who appeared 
and read from a prepared statement. I assume that it was 
prepared by your office. 

Etowah County must also reject your proposed Stipulation which 
would make this matter a remedy question rather than a liability 
question. We do enclose a modified stipulation that we will 
agree to at this time. 

SH y tru) 

SX “% ; 
Jack Floyd 

JF/jb 

cc: Terry G. Davis 
P. O. Box 6215 
Montgomery, Alabama 36104  



  

Page Two 
July 2, 1986 
Mr. Larry Menefee 

  

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

Edward Still 
714 South 29th Street 
Birmingham, AL 35233 

Reo Kirkland, Jr. 
P. O. Box 646 
Brewton, AL 36427 

Alton Turner 

P. O. Box 207 
Luverne, AL 36049 

Dave Martin 
215 S. Main Street 
Moulton, AL 35650, 

Warner Rowe 
119 East College Avenue 
Enterprise, AL 36330 

H. R. Burnham 
P. O. Box 1618 
Anniston, AL 36202 

Barry D. Vaughn 
121 N. Norton Avenue 
Sylacauga, AL 35150 

Lee Otts 

P. O. Box 467 
Brewton, AL 36427 

Buddy Kirk 
P. O. Drawer AB 

Carrollton, AL 35447 

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

 



  

REDISTRICTING PLAN FOR THE ETOWAH COUNTY COMMISSION 
ETOWAH COUNTY, ALABAMA 

WHEREAS, the Etowah County Commission now consists of 
four District Commissioners elected county wide "at-large" with 
a Chairman elected by all voters of the County, and, 

WHEREAS, a Class Action has been brought by Dr. Spencer 
Thomas, 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, and 

WHEREAS, a public hearing, duly called and warned, was 
held at the Etowah County Courthouse on July 1, 1986, on the 
proposed redistricting plan, at which time suggestions, 
objections, and other matters were discussed between the 
Commission and the general public, particularly minority 
citizens, and where all objections, whether in writing or in 
person, were considered, 

NOW, THEREFORE, the new redistricting plan for Etowah 
County shall consist 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, which body 
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 shall be elected in the year 1986 for a six year term, to 
take office on the second Tuesday after the first Monday .in 
January, 1987. The present incumbent district commissioners for 
districts two and three, whose present terms expire in 1988, 
will serve as district commissioners for district two and three 
until district elections are held in 1988 for districts two and 
three, at which time they would run for a new six year term. The 
commissioners for district one and four, who will be elected in 

  

 



  

the 1986 General Election for a four year term beginning in 
January, 1987, will serve as district commissioners for 
districts one and four until district elections are held in 1990 for single member districts one and four, at which time they will run for a new six year term. Thereafter, the terms of the five district commissioners will be staggered with either one or two members running each two years. 

(d) Maps showing the boundaries of the amended five 
single-member districts, which amended boundaries will place the incorporated area known as Ridgeville (a predominantly black 
incorporated area) in district five, will be on display for 
viewing during any normal business hour in the Etowah County 
Courthouse in Gadsden. 

(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 Plan 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 immediately implement the terms of this plan. 

(1) There shall be 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 commissioner. The 
President or Presiding Officer of the Etowah County Commission 
shall be rotated among the five district commissioners with each 
of them serving a one year term beginning on the second Tuesday 
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, 1987. 

”, 
PA 

 



  

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

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 
* 

DEFENDANTS 
* 

STIPULATION 

The Etowah County parties plaintiff and the Etowah County 

parties defendant stipulates as follows: 

1. The defendant Etowah County stipulates that the at-large 

method of electing the county commissions in Etowah County does 

not currently result in dilution of black voting strength in 

violation of Section 2 of the Voting Rights Act of 1965, as 

amended, 42 U.S.C. Section 1973. 

2. The defendant Etowah County stipluates that the Chairman 

of the Etowah County Commission or County Executive elected 

at-large by voters of the entire county does not deny and has not 

denied black citizen full and equal access to the political 

process nor has it resulted in the dilution of black voting 

strength in violation of Section 2 of the Voting Rights Act of 

1965, as amended, 42 U.S.C. Section 1973. 

3. The defendant Etowah County stipulates, however, that the 

 



  

Court may enter the following consent decree: 

(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, which body 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 

shall be elected in the year 1986 for a six year term, to take 

office on the second Tuesday after the first Monday in January, 

1987. The present incumbent district commissioners for districts 

two and three, whose present terms expire in 1988, will serve as 

district commissioners for district two and three until district 

elections are held in 1988 for districts two and three, at which 

time they would run for a new six year term. The commissioners for 

district one and four, who will be elected in the 1986 General 

Election for a four year term beginning in January, 1987, will 

serve as district commissioners for districts one and four until 

district elections are held in 1990 for single member districts 

one and four, at which time they will run for a new six year 

term. Thereafter, the terms of the five district commissioners 

will be staggered with either one or two members running each two 

years. 

(d) Maps showing the boundaries of the amended five 
”, 

single-member districts, which amended boundaries will place the 

incorporated area known as Ridgeville (a predominantly black 

 



  

incorporated area) in district five, will be on display for 

viewing during any normal business hour in the Etowah County 

Courthouse in Gadsden. 

(e) There shall also be an Etowah County Executive. 

(£) 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 plan 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 

immediately implement the terms of this plan. 

(1) There shall be 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 commissioner. The President 

or Presiding Officer of the Etowah County Commission shall be 

rotated among the five district commissioners with each of them 

serving a one year term beginning on the second Tuesday 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 

initially fixed by lot by the district commissioners at its 

meeting of the County Commission on the second Tuesday after the 

first Monday in January, 1987. 

4. Defendant Etowah County stipulates that the Etowah County 

Executive shall be 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. 

 



  

5. 

competent evidence that the election 

Executive elected at-large by voters 

currently results in the dilution of 

violation of Section 2 of the Voting 

amended, 42 U.S.C. Section 1973, and 

The Etowah plaintiffs reserve the right to demonstrate by 

of a Chairman or County 

of the entire county 

black voting strength in 

Rights Act of 1965, as 

that black citizens are not 

afforded full and equal access to the political process by 

electing a Chairman or County Executive at-large by the voters of 

the entire county. 

6. The defendants shall submit their proposed remedial 

election plans for preclearance under Section 5 of the Voting 

Rights Act no later than July 15, 1986. 

7. The following schedule for special elections under 

approved remedial election plans is agreed on: 

(1) first primary election--November 4, 1986; 

(2) 

(3) 

runoff elections --November 25, 1986; 

general election --December 16, 1986. 

8. The submitting authorities will request expedited 

consideration of their Section 5 submissions for preclearance. 

ATTORNEYS FOR PLAINTIFFS: 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P. 0. Box 1051 
Mobile, AL 36633 z 
(205) 433-2000 

BY: 
  

JAMES U. BLACKSHER 

 



  

LARRY T. MENEFEE 
WANDA J. COCHRAN 

TERRY G. DAVIS 

SEAY & DAVIS 

732 Carter Hill Road 
P. O. Box 6215 
Montgomery, AL 36106 
(205) 834-2000 

DEBORAH FINS 

JULIUS L. CHAMBERS 

NAACP LEGAL DEFENSE FUND 

99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 

EDWARD STILL 

REEVES & STILL 

714 South 29th Street 
Birmingham, AL 35233 
(205) 322-6631 

REO KIRKLAND, JR. 

307 Evergreen Avenue 
P. O. Box 646 
Brewton, AL 36427 
(205) 867-5711 

ATTORNEYS FOR DEFENDANT 
ETOWAH COUNTY 

FLOYD, KEENER & CUSIMANO 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

BY: 
  

JACK FLOYD 

 



FLOYD, KEENER & CUSIMANO 

Attorneys al Zac 

816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

Deborah Fins 
Julius L. Chambers 
99 Hudson Street, 16th Floor 

New York, New York 10013