HomeMy WebLinkAboutMinutes City Council - 02/07/1983 - Special Reconvened (4)MINUTES
CITY OF CORPUS CHRISTI, TEXAS
RECONVENED SPECIAL COUNCIL MEETING OF
FEBRUARY 7, 1983
FEBRUARY 9, 1983
6:12 p.m.
Present
Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy
Bob Gulley
Herbert Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones reconvened the Special Council Meeting of
February 7, 1983 in the Council Chamber of City Hall.
City Secretary Bill G. Read verified that the necessary
quorum of the Council and the required Charter Officers were
present to conduct a legally constituted meeting.
Mayor Jones stated that the purpose of the meeting was
consideration of the federal court ruling on the election method
lawsuit. He then called for the staff explanation of proposed
hybrid plans, including the MALDEF plan and an additional 5-3-1
plan, which was considered by the Committee of 16.
Council Member Kennedy requested that the Plaintiffs who
were present in the audience stand up to identify themselves.
A member of the G.I. Forum in the audience stood and stated
that he was one of the Plaintiffs.
Mr. Juan Gonzalez informed the Council that none of the
Plaintiffs or representatives of the organizations were present
in an official capacity. He explained that all of the Plaintiffs
plan to meet later that evening to discuss their position.
Council Member Kennedy stated that notice should be made
that the Council voted to begin negotiations with the Plaintiffs,
yet none of them or their representatives are present. He
pointed out that the Council is acting in good faith and implied
that the Plaintiffs are not.
Mr. Gonzalez explained that the City was ordered to devise a
plan by the Judge and further explained that the Plaintiffs will
Mli'RALMED SEP 191984
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 2
meet to determine what they would be willing to accept in the way
of a new election plan. He pointed out that the Council should
come up with an offer so that a counteroffer can be made by the
Plaintiffs, following which the Plaintiffs would be willing to
meet with the Council.
Mayor Jones explained that the Council is meeting today to
attempt to understand what the plans were that were submitted in
the lawsuit.
Council Member Hawkins expressed the opinion that it is
unfair to accuse the Plaintiffs of bad faith since the lawsuit
was filed more than 11/2 years ago and the Council did nothing to
avoid the lawsuit. He expressed the opinion, also, that the
Council is the one that should come up with the plan.
Council Member Gulley agreed with Mr. Gonzalez that the
Council was the body that was to submit a plan, but they did make
it clear on Monday that they preferred that the Plaintiffs attend
this meeting.
Deputy City Manager Ernest Briones referred to the MALDEF
5-3-1 plan and displayed a map showing the lines that they had
designated as single member districts. He explained that since
their plan was presented, there had been some correction of
figures in some of the precincts and the predominantly Hispanic
districts would be District 1, with 58.96% Hispanic; District 4,
with 65% Hispanic; and District 5, with 60% Hispanic.
Mayor Pro Tem Turner asked for a comparison of this plan
with that plan suggested by the League of Women Voters.
Mr. Briones then displayed a map showing the lines of the
5-3-1 plan which was presented to the Committee of 16. He
pointed out that the difference between this plan and the MALDEF
plan was that District 1 was pretty evenly populated and was
considered to be about 50% Anglo/Hispanic and two of the
Districts were predominantly Hispanic. He also explained the
projected voting age potential in the various districts.
Council Member Gulley inquired if the districts should not
be based on population, and City Manager Martin explained that
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 3
population is the constitutional guide, but above and beyond
that, voting age should be considered also.
Mr. Gonzalez further explained that population is the
primary consideration, but this must be either 5% up or 5% down,
but the Justice Department is probably going to require that some
of the districts be populated by at least 65% Hispanics to be
considered as a Mexican American district.
Mr. Hall agreed that that is a factor because the Justice
Department sometimes exceeds its authority by insisting that a
certain percentage of minorities be included in a district.
Mayor Jones inquired if it is possible that the MALDEF plan
would not be approved by the Justice Department, and Mr. Gonzalez
replied
In
of
some
that he did not know.
examining the map, Mayor Pro Tem Turner pointed out
the lines are definitely gerrymandered.
that
Dr. Fred Cervantes, Government Professor at CCSU, stated
that the lines conform to the precinct lines and as long as they
are contiguous and adjacent, they are within the law. He stated
that there is a need to be sure that there is no deviation of 5%
more or 5% less and that necessitates such configurations. He
pointed out that the predominantly Mexican American area is in
the center of the City and in the plan submitted to the Committee
of 16, they attempted to provide a comprise in that two of the
districts would be predominantly Mexican American; two districts
would be predominantly Anglo and one would be even.
Mayor Pro Tem Turner asked Dr. Cervantes about the
possibility of a 4-4-1 plan and if it could be prepared the same
way.
Dr. Cervantes stated that if there are four single member
districts, the possibility of electing more than two Mexican
Americans would be very difficult. He stated that consideration
also should be given to whether or not there will be place
voting.
Council Member Hawkins reminded the Council that they are
examining this possibility as a court order; it has to be
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 4
approved by the Judge and the Justice Department; and then
related a case that was not approved because the hybrid plan did
not give the minorities a large enough percentage. He stated
that the only way the City can accomplish this purpose is with a
5-3-1 plan because there is a need to have three strong Hispanic
districts in order to assure the election of the appropriate
number of Hispanics. He also questioned whether any other plan
would be approved by the Judge or the Justice Department.
Council Member Gulley stated that he did not believe that
the other cases referred to were based on equal representation
and he was of the opinion that the Council should request the
staff to work up several variations of four single member
districts, two with a majority of Hispanic residents and two with
a majority of Anglo. Mr. Gulley also stated that the City should
attempt to devise a plan that would not have to be changed too
often and he was of the opinion that districts should be devised
from areas of people who have a common interest. He continued by
stating that he had never believed in single member districts
because election by that method eliminates the tendency to elect
a candidate who is interested in the entire City.
Council Member Kennedy stated that he thought that the
Council should also consider the length of terms of the Council
Members, particularly in single member districts. He expressed
the opinion that it seems more reasonable to go to 4 year
staggered terms because the one elected from the district would
have more interest, after serving for some time, in the entire
City as well as his own district. He stated that the Council
should also consider the matter of the length of residency time
required in a particular district and require that if a member is
elected from a district they must continue to reside in that
district.
Council Member Hawkins reiterated that the Council should
pay close attention to Judge Kazen's instructions and pointed out
again that the plan must be acceptable to the Judge, and the
Mexican American districts must be dominant over the at large
positions. He expressed the opinion also that after Council
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 5
Members are elected, they will become interested in the entire
City.
Mayor Jones stated that he felt that the Council is trying
to develop a plan that will comply with the court order.
Mayor Pro Tem Turner inquired of Mr. Hall if the Plaintiffs
and the Defendents agree on a plan, if it would be approved by
the Judge.
Mr. Hall stated that if the Plaintiffs and the City agreed
on a plan, he would give odds that the court and the Justice
Department would approve the plan. He also mentioned that the
Council needs to decide whether the plan is for plurality or the
majority system.
City Manager Martin commented that if a plurality system is
established, it is possible that a person representing only 15%
of the population could be elected if as many as 20 candidates
ran for office, and this would be most unfortunate. To
illustrate his point, Mr. Martin explained an incident in which a
district which was 85% black and had 5 or 6 black candidates,
also had one white candidate, who campaigned only among the
whites, and he was almost elected, which would have the effect of
almost totally destroying the purpose of having single member
districts for the election of minorities.
Mayor Jones stated that for that reason, he felt that the
majority system is preferable.
Mr. Hall explained the danger of staggered terms and the
effect they would have on the at large positions. He also
stated that the reapportionment would be based on population and
would only have to be changed every ten years after the census in
taken.
Mr. Butch Escobedo referred to the MALDEF plan which was
referred to as having been submitted during the court case. He
explained that this plan was actually prepared for the Committee
of 16 in a spirit of compromise.
Mayor Pro Tem Turner continued by stating that the Council
did not want pure single member districts. She also addressed
the at large positions and the question as to whether the at
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 6
large positions should be by place also. She stated that she
felt that the at large positions that exist now by number should
remain as they are.
Dr. Cervantes stated that if the Council desired to enhance
the minority vote, plurality system voting should be established
for at large seats. He stated that this would provide the
opportunity for single shot voting which gives the minority more
of an opportunity to be elected.
Council Member Kennedy pointed out that if there are three
safe minority districts, two safe Anglo districts, and for the at
large positions, to have them run from particular places, there
would be a Council with a good balance. He agreed with the
statement that if the Plaintiffs and the City agreed on a plan,
it would be approved by the Judge and by the Justice Department.
A motion was made by Council Member Gulley that the staff
prepare several variations of a 4-4-1 plan with two of the
districts to be predominantly Hispanic and two districts to be
predominantly Anglo. The motion was seconded by Council Member
Zarsky.
Council Member Hawkins stated that he would not support this
motion because it would not be approved by the Court or the
Justice Department.
Council Member Dumphy pointed out that the Council has
already looked at the 5-3-1 plan and there was no reason not to
study a 4-4-1 plan and possibly submit it.
Mayor Pro Tem Turner also urged that the Council examine
alternatives as suggested.
Mayor Jones stated that he will not vote for a 4-4-1 plan
and he knew that it would not be accepted.
Council Member Zarsky stated that he had discussed this
matter with a Mexican American leader and he had indicated that
after the report of the Committee of 16 had been presented to the
Council, one of the Mexican American leaders had informed him
that they would have accepted such a plan at that time and the
matter would not have gone to court.
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Reconvened Special
Council Meeting of 2/7/83
February 9, 1983
Page 7
Mayor Jones called for the vote on the motion to examine the
4-4-1 plan and it passed by the following vote: Jones, Turner,
Dumphy, Gulley, Kennedy and Zarsky voting "aye"; Hawkins voting
"no".
Council Member Kennedy stated that according to comments by
several people, he was of the opinion that the Council will have
to devise a plan that is weighted down with Mexican American
percentages and a 4-2-1 plan might be considered.
Mayor Jones stated that he could agree to that.
Council Member Zarsky again suggested a 3-3-1 plan which
might be approved.
City Manager Martin suggested that the meeting scheduled for
Friday be conducted at the Convention Center so that various maps
and other exhibits could be properly displayed.
Mayor Jones recessed the Special Council Meeting at 7:30
p.m., February 9, 1983.
DZ/tb