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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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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. Minutes 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