HomeMy WebLinkAbout12-12-2001 Meeting
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REDISTRICTING COMMITTEE
Meeting
December 12, 2001
The Redistricting Committee met on December 12, 2001.
Present from the Augusta Richmond County Commission were Bill
KuWke, Tommy Boyles, Ulmer Bridges, Willie Mays, Marion Williams,
and Richard Colclough. Present from the Richmond County Board of
Education were J. R. Hatney, Barbara Padgett, Helen Minchew, and Y.N.
Myers, Jr. Present from the Legislative Delegation were Henry Howard,
George DeLoach, Benjamin Allen, and Don Cheeks. Also present was
David Barbee from the Richmond County Republican Party.
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Also present were Jim Wall, Commission Attorney; Lena Bonner,
Clerk of Commission; Pete Fletcher, School Board Attorney; and Lynn
Bailey.
Call Meeting to Order
Mr. Kuhlke: Call the meeting to order. I would like to say before we
get started if you don't mind [inaudible]. If you would [inaudible]. Okay,
Ms. Bailey, I'm going to turn it over to you.
Ms. Bailey: Thank you, Mr. Kuhlke. The first item on the agenda is
for the committee to receive the report from attorneys. If you'll recall at the
last meeting, the attorneys were asked to look at the Revision 2 plan, to run
it by the Legislative Reapportionment office to make sure that it met not
only the criteria that this committee had set, but other legal issues as well, so
with that I will turn it over to Mr. Fletcher, who will begin the attorneys'
report.
Mr. Cheeks: Mr. Chairman?
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Mr. KuWke: Yes, sir?
Mr. Cheeks: Before we get too far in any plan, I'd like to move that
the plan that's got Cheeks on it be withdrawn because I think we ought to
look at one plan, and since Lynn and the attorneys and all have a plan that
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they've already worked on, I would not like the confusion, so at this time I
would move that we withdraw my plan because I didn't intend for it to be I
submitted as long as we had a working plan on the table, and we do. So I
ask that we disregard my plan at this time.
Mr. Kuhlke: Okay. Any discussion? If not, all in favor please
indicate by raising your hand. Anybody opposed? Unanimous.
Report from Attornev
Mr. Fletcher: Thank you. Members of the committee, at the last
meeting y' all made some suggested changes to the map we were working
from, which really came from the Reapportionment Office. And we made
those changes --
Mr. Speaker: Speak a little louder, sir, we can't hear you.
Mr. Fletcher: Okay. Following the last meeting, we -- Lynn's office
made several changes that y'all had suggested and after those changes had
been made she and Jim Wall and I went to Atlanta and met with the
Reapportionment office to examine that plan. We asked the questions that
y' all had from the standpoint of our criteria, and from what the Justice
Department would review when they saw the plans. The advice we got from
the Reapportionment office that we need the one man/one vote in all of our
districts, and that the deviations we had were very tight, which means that
we are well within acceptable limits. Looking at it from the standpoint of
Section V of the Voting Act, we do not appear to have any retrogression,
and therefore would meet that standard. Reapportionment discussed Section
II with us and what they looked at this is whether or not under Section II we
could create more minority districts. But given the percentage of our
population in Richmond County 50/50 with the districts being divided as
they are, they felt comfortable that we would meet those requirements also.
The next thing that we discussed, in particular with District 6, which is one
we discussed a good bit the other day, is that the population of District 6 has
changed 13 points over the years toward minorities, so it's a transition
period. And their advice to us was to make sure that it would remain an
influence district so whoever was elected, the other constituents would have
a voice or influence with that representative. So in summary, it was their
feeling, although nobody can be certain what the Justice Department would.
do, is that the plan y'all are working from, even though it can be fme tuned
and changed more, they felt would meet the requirements upon submittal to
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the Justice Department. They then went into some detail with us as to
criteria we should include when Jim and I made these submittals, and they
suggested while we would be making the submittals separately, we make
them simultaneously and work together, and Jim and I agreed we would
pursue that route once y' all give us some direction.
Mr. Kuhlke: [inaudible] you had a question concerning [inaudible].
Mr. Bridges: Who are you actually representing? And I think Jim's --
maybe he's got the answer as well. I wasn't sure if, you know, if my district
changes, if I'd be representing the one I was elected by or the [inaudible].
That was my question.
Mr. Fletcher: I think it's going to be up to us to provide into
legislation how we will make that transition. Typically what's done is you
provide that if there is a vacancy in your district that you now represent,
before you are up for election, that the new election would be held from the
new district and you would continue to represent your district now.
Mr. Bridges: As is presently drawn?
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Mr. Fletcher: Yes, yes. Until your next election, yes.
Mr. Bridges: You're really representing the people that elected you to
that office.
Mr. Fletcher: And it's a transition period. I mean so it would take an
election, or maybe two elections on the two-year spreads we have to
transition, unless there is a vacancy by death or resignation.
Mr. Kuhlke: Any questions of Pete or Jim? If no, we will move
ahead.
Avprove Minutes from 11/21/01 Meeting
Mr. Kuhlke: You've received the minutes of our last meeting. I
would [inaudible].
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Mr. Speaker: So moved.
Mr. Bridges: Second.
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Mr. Kuhlke: Motion and a second. I would [inaudible]. [inaudible]
Pete Fletcher at our last meeting. All in favor of the minutes, please indicate I
by aye. Anybody opposed? None heard.
Review of Reapportionment - Cheeks Plan
(Withdrawn earlier in meeting)
Review of Revisions to Reapportionment Test Plan Revision 1
Ms. Bailey: What I thought we would do this morning is as you'll
recall from the last meeting, there were a couple of suggested changes to be
made to Revision 1. Those changes have been, and so in the new packet of
information you received, you received a plan, Population Summary Report
in Individual Districts entitled Revision 2. While we're waiting on the
computer to come up, I will review the changes. One of the changes was
that we were going to try to put the Barton Chapel Road precinct back into
District 4. Another change regarded population shifts between District 6 and
District 8. And we were able to address both of those issues. Now
understanding that in moving that Barton Chapel Road precinct, it did cause
a few other areas to be moved as well. So all of the changes that you're I
going to see today affect Districts 4 and 5 and Districts 6 and 8. And it
looks like we're in business, so give us one minute. It might be helpful if
while we're waiting you go ahead and look under your Section F and you
have the Population Summary Report for Revision 1 and Revision 2. It may
be helpful for you to have those handy to refer to. While we're fiddling
around with that, I will also refer you to -- you have a color map, one under
your Tab R that refers to Revision 1. Also, under your Tab U is Revision 2.
If you could go ahead and get those county color maps out, we may can just
look at those and I can show you the changes on there, and I apologize for
the wait here.
Mr. Speaker: Under R?
Ms. Bailey: Yes, one was under -- Revision 1 is under R, and
Revision 2 is under U. Okay. All right. Up in the -- I'll draw your attention
now to the screen. It looks like we're up and running here. The area where
the pointer is on the map, that's the Barton Chapel Road precinct that we
moved from District 5 and put into District 6. Now in making those
changes, again there were other changes that were made as well. F or I
instance, moving over to Precinct 2, which is the precinct that votes at the
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American Legion Post on Richmond Hill Road. That precinct was taken out
of District 6 and put into District 5, as part of those changes. Also, moving
south down the map, get to the Jamestown precinct, which is Precinct 22B.
You'll see that a portion of that precinct was moved from District 4 to
District 8. And again, that's the Jamestown precinct.
Mr. Bridges: Lynn?
Ms. Bailey: Yes, sir?
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Mr. Bridges: Does that include Ulm Road and that area there?
Ms. Bailey: Well, let's see. We would have to blow it up.
Mr. Bridges: I believe it does.
Ms. Bailey: It looks like the Plantation Acres Mobile Home Park is
right there.
Mr. Bridges: Yeah, yeah, okay.
Ms. Bailey: There's Ulm Road right there.
Mr. Bridges: I know where you're at. Yeah.
Ms. Bailey: All right. So that's the portion of the Jamestown precinct
that was moved over from 4 into 8.
Ms. Minchew: Excuse me, Lynn.
Ms. Bailey: Yes?
Ms. Minchew: I have a question, too. Precinct 22 -- is Sand Ridge
and Pinnacle Place -- where are they now? They're probably -- .
Ms. Bailey: They are -- Sand Ridge has been split traditionally
between Districts 4 and 8. Let's see. Those areas and Pinnacle Place -- are
those areas on the south side of Tobacco Road?
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Ms. Minchew: No, no. They're on the northwest right below
Tobacco Road. Right south of Tobacco Road.
Ms. Bailey: Perhaps where that 55A number is?
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Ms. Minchew: No, no. Going towards Fort Gordon. Right in that
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area.
Ms. Bailey: Okay, let us blow that up and take a look at it.
Ms. Minchew: Pinnacle Place is right down Tobacco Road from
Fairington.
Ms. Bailey: All right, here's Pinnacle Pines Place, right there at the
bottom of your screen. That area would go into District 4.
Ms. Minchew: District 4.
Ms. Bailey: In fact, that entire Precinct 22B before any changes were
made resided entirely in District 6.
Ms. Minchew: That's right.
Ms. Bailey: Originally it was put -- and then when we made the
changes it was into District 4.
Ms. Bailey: And now what you have is part of it in 4 and part in 8.
Ms. Minchew: So Sand Ridge would be in 8? It's more to the west.
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Ms. Minchew: District 4.
Ms. Bailey: Do you know a street name in Sand Ridge?
Ms. Minchew: Not right offhand.
Ms. Bailey: Does anybody know a street name out there? In Sand
Ridge?
Mr. Speaker: Crest Drive. Crest Way.
Ms. Bailey: Okay.
Ms. Minchew: Must be a little further north.
Ms. Bailey: All right. So there's Pepperdine, Creek View. So that
area is in District 4. And I see Ridge Run, Fairington, so it looks like all of
that area would be in District 4 in this plan.
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Ms. Minchew: Okay.
Ms. Bailey: Any more questions about that particular area before we
move on? Okay, moving then east -- okay, changed in this latest revision,
we took the area of McDade Farm Road, which is -- this area here, this is
McDade Farm Road running right here. That area was moved from District
8 into District 6. Also moved from District 8 to District 6 is this area right
along in here, which is just to the north of -- is that Spirit Creek? Butler
Creek?
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Mr. Speaker: That's Spirit Creek.
Ms. Bailey: Okay, Spirit Creek. And this is, just for your
information, this is -- is this Old Waynesboro Road here? Let me think a
minute. That too far over? See what else is changed there. That is basically
it. We changed this area, this area here and here, moved from District 8 into
District 6. And so what you had as a result of moving that precinct, that
Barton Chapel Road Precinct, everything kind of shifted around in a circle,
right on up to accommodate those population shifts. And that's it. Those
are the changes. Now you should look at your Population Summary Reports
there and compare the two to see how the changes in population and
percentages were affected by the changes that were made, and again you'll
see that Districts l, 2, 3 and 7 were unchanged from the Revision 1 Plan that
we were looking at, with Districts 4 and 5 -- with the changes, District 4
went from 71.32% black population to 75.39% black population. District 5
went form 71.5% black population, and again this is just black population,
not voting age population, to 69.71 % total black population. District 6 went
from 44.66% black population to right at 40%, and District 8 went from
22.79% total black population to 25.69% total black population. Also, just
for your information, we revised our reports to also reflect the non-black
population and voting age population which would include everything that's
not black, including Asians, Hispanics and every category of voters, and we
put those columns on the newest report, just for your information. So there
are a couple of added columns on the latest report showing those numbers as
well.
Discussion
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Mr. Kuhlke: Any comments?
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Ms. Bailey: Now of course you also have the individual District maps I
if you want to refresh your memory on some of the details from the other
districts. I will say that I've gone back and double-checked to make sure
that all the current incumbents, as well as the two newly-elected
representatives on the Augusta Commission, are within their Districts, and
yes, they are. So all of that still holds true with these revisions.
Mr. Kuhlke: Lynn, could you maybe go back to our criteria and
[inaudible] revisions [inaudible]. I think we need to go down the list of our
criteria and explain how these relate to the criteria we adopted.
Ms. Bailey: Yes, sir.
Mr. Kuhlke: [inaudible].
Ms. Bailey: Your criteria is under your Tab D.
Mr. Kuhlke: D?
Ms. Bailey: D. As in Daniel. Okay. Moving down the list of
criteria, the first criteria I have on the list is that the lines, the School Board
and Commission District lines would mirror each other. And they in fact do I
mirror each other. The next criteria is that the districts be contiguous. They
are contiguous. Every part of a district is touch another part of that same
district. And that the districts be compact. We tried as much as possible to
keep the districts compact and neat, limiting in eliminating fingers and odd
shapes to the extent that it was possible, so I do think that we've met that
criteria. To avoid splitting precincts and municipalities. Splitting
municipalities is not an issue at all. Hephzibah and Blythe remain totally
intact. Splitting precincts, there are a few instances where precincts where
precincts were split, but we certainly tried to keep that to a minimum. We
have also looked at how the newly-proposed Congressional House and
Senate lines run through Richmond County and have made every attempt
when precincts were split to perhaps follow splits that were already created
by those district lines, and we've looked at that very carefully. Preserving
communities of interest. We've been cognizant of communities of interest
as we go through, and I guess that is really a decision for this group to make.
I think that you have achieved that by trying to minimize split precincts,
trying to minimize splitting neighborhoods when possible.
Mr. Speaker; [inaudible] I
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Ms. Bailey: I would think that a definition for that would be pretty
subjective, you know, depending on what a particular individual considers a
community of interest. I would certainly think that a neighborhood and a
municipality are communities of interest. Outside of that, coming from an
economic standpoint, there perhaps may be other definitions as well. The
next criteria that the committee set was to protect the incumbents to make
sure that they were drawn into their individual districts on both School
Board and Commission, and that criteria has been met. To minimize voter
confusion, I think quite frankly this committee has done a very good job
with that and that we're going to have very few instances where voters will
have to pick up and move to another precinct. There is going to be some of
it, yes, but I think that we've been able to hold that to a minimum. And
quite frankly, looking back to the 1992 redistricting, when we grew from 60
precincts in Richmond County to 92, this is much better. Much better. To
maximize voter convenience. Again, it goes back to what I just said, that we
don't have, that we're not going to have a whole lot of instances where
voters are going to have to pick up and move to another precinct, again
knowing that there will be some of that. Of course we do have voters that
are going to be changing Representatives, but at least their polling place will
be the same, which will help. Each voter in the county and in fact in the
state will be receiving a new precinct identification card that will list on it all
of their new district numbers, and that way they will at least know their
district assignment. It doesn't tell them who in particular their
Representative is, but that's what we're there for. They can call us and we
can sure tell them. The next criteria was the deviation in size of districts.
That goes back to the one man/one vote issue. As the attorneys' report
indicated, the term the Reapportionment Office said when looking at this
plan was that we were very tight on deviation, meaning that we were very
close to zero, which is a good thing. I think only in one instance in fact -- in
fact we didn't go over 2%. We're right at 2% in one district. Other than
that, we're plus or minus less than 2% in every district, and that's good.
And that certainly meets the criteria. The next criteria was to follow
recognizable geographical boundaries. We have done that. In fact, that's a
legal requirement that there was no option but to do, so that criteria has been
met. The last criteria was to try to keep neighborhoods intact if possible,
and I think that we have made an effort to do that as well.
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Mr. KuWke: Okay. Any questions directed to Ms. Bailey? Okay.
Discussion
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Set Next Meeting
Mr. Kuhlke: What I would like to do is -- we're getting ready to
adjourn this meeting. Short meeting. I would like to call a meeting for next
Tuesday morning at 8: l5. Some of the Board of Education people I think
have been out of town. I think everybody needs to have a little time to
digest what Lynn has given to us today, and she's done a good job. I think
she's done what she was directed to do. The purpose of that meeting next
Tuesday morning is going to be one thing, and that's to vote on a map.
What I would like to ask Ms. Bonner to do is to put the redistricting map on
the Commission agenda for next Tuesday. But, Mayor Pro Tem, by putting
that on the map, since we won't have an adjournment next Tuesday, to direct
her to have this on the agenda just prior to us adopting our budget, which
may be December 31, does that make sense to you?
Mr. Mays: I tell you what, this one is moving a heck of a lot better
than the other one. I think the map is going to be fme. You may want to put
in [inaudible].
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Mr. Kuhlke: Well, I think I just want to hold it to the end of the
agenda, but if you'd do that, Ms. Bonner. And Ms. Bailey, what I would
like for you to -- I hate to throw a lot of work on you, but I would like a
package of Revision 2, the Population Summary, a copy of the criteria, and
maybe some explanation of terms put in a package for each School Board
member, each Commissioner, the Mayor, the Attorneys obviously, and every
member of the Delegation, to be able to pass those to the chairmen of these
committees next Tuesday morning for distribution to their representatives,
assuming that the map is passed.
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Ms. Bailey: That's fine. I can do that.
Mr. Kuhlke: Okay. Any other business that we need to bring?
Mr. Colclough: What time was the meeting on the 18th?
Mr. KuWke: At 8:15. And it will be a short meeting. Anything else?
Mr. Mays: Mr. Chairman?
Mr. Kuhlke: Yes, sir?
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Mr. Mays: One think that I think -- fIrst, let me thank you as
chairman for -- again, we've gotten through another round of what I call the
best reapportionment meetings in Georgia, and folk can take note that
you've done a very good job with this, as well as Ms. Bailey and her staff, as
well as our own Clerk in terms of what we're doing here. But I would
encourage -- and this is just for the Commissioners -- some who have not
been on this committee have come and sat in from time to time, and I think
that we are getting close to the time now to vote on a map. I would
encourage them to look closely at what's there and if the comments, they
want to either -- I think we've tried to cover everything and then some, but if
they need to have the comments, to bring them to you prior to that meeting,
and if they need to ask Ms. Bailey some questions, her office is open to
them, so that -- we've been running very smoothly with this, I think when
we've asked to make certain changes they've been done and been in here by
the time of the meeting. I think from our side of the fence, I say that, our
side, the Commission side, that if we do that I think we'll be in a position to
at least be supportive on what we do and be able to do it in an unanimous
fashion. I think this will go a long way toward getting that part out of the
way.
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Mr. Speaker: Mr. Chairman?
Mr. Kuhlke: Yes, sir?
Mr. Speaker: I think in light of that we should -- no doubt this is an
individual feeling for each person that's going to be running. I would hope
that you would allow each individual holding the position to be in that last
meeting, to see if they have comments that way that they specifically want to
say in public and won't be misconstrued, middle man bringing it back to
them. I understand what Willie is saying, but I do feel like that that last
meeting, those people that are not on this committee, should be present to
have their objective view of it to all of us that are sitting on this committee.
At that time, we can decide whether we want to vote on that map or not. My
feeling is that [inaudible] unanimous decision from your Board of
Commissioners and the Board of Education, that will make our job in
Atlanta easier [inaudible] rubber stamp it. If there is dissention between the
Boards and individuals, then we've got a problem. That's my concern.
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Mr. KuWke: I think that's a good suggestion, and Ms. Bonner, if you
would, for the meeting next Tuesday morning, if you could send an
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invitation to this meeting to every member of the Board, the Commission, I
the Legislative Delegation. Is there anyone else that we want to --
Mr. Colclough: Members of council.
Mr. Kuhlke: Excuse me?
Mr. Colclough: Members of council. You didn't mention them. The
Commissioners. You said School Board and Delegation. How about the
Commission?
Mr. Kuhlke: The Commission, yes.
Mr. Colclough: I know you did, Henry, but the chairman didn't.
Mr. Speaker: We want all three legislative bodies to be fully
represented; is that what I'm hearing?
Mr. Kuhlke: Exactly. We'll do that.
Mr. Speaker: Mr. Chairman?
Mr. Kuhlke: Yes, sir?
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Mr. Speaker: I assume with the invitation a complete package will be
given to each individual that you give an invitation to?
Mr. Kuhlke: Yes, I think--
Mr. Speaker: And in that invitation, you're going to be asking them
to look critically at the district that he or she represents and the total plan
that we are going to be voting on.
Mr. Kuhlke: Can we --
Mr. Speaker: And I assume that that's going to be given to them
tomorrow?
Mr. Kuhlke: Well, that's what we'll try to do.
Ms. Bailey: I was going to suggest that very thing. If Lena and I can
coordinate, it will take -- I can get these maps together and things and I
include that in with the notification of the meeting.
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Mr. Speaker: And they will get it tomorrow and not Monday?
Ms. Bailey: Yes.
Mr. Speaker: All right.
Mr. Kuhlke: Mr. Cheeks?
Mr. Cheeks: When you say complete package, we mean only the map
that we're going to be looking at and the criteria for that and not everything?
Mr. Kuhlke: Right.
Ms. Bailey: I had planned to include the Population Summary
Reports, the individual maps, and an overall map. Will that be sufficient, in
your opinion?
Mr. Cheeks: I think so.
Ms. Minchew: Lynn, I was wondering if they should also have the
existing maps, how the districts are at this present time, to compare.
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Mr. Kuhlke: Can you do that?
Ms. Bailey: Sure.
Mr. Kuhlke: And the Population Summary from the existing districts.
Any other comments?
Mr. Mays: Yes, sir.
Mr. Kuhlke: Mr. Mays?
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Mr. Mays: I didn't want my remarks in any way to be misconstrued
that I want to stifle any type of debate or input at our meeting, and for the
meeting the members that are not on this committee, to bring that in for
discussion. But exactly the format that we're going with, which Thursday is
our day to get our information out and I think Lynn and Lena can get
together on that on our side of the fence, I meant mainly if Commissioners --
and I'm speaking Commissioners only and I'm not getting into anybody
else's business -- but I think Commissioners only, by getting that on
Thursday, as we do with our normal information that we normally get, I was
encouraging the fact that if glaring changes are there, something that raises a
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red flag with a particular Commissioner, you've got that 45 day span in there
to read it, think about it, whether they call you as the chairperson, whether I
they talk to Lynn, whatever the case may be, but to try and come in where if
there is going to be some objection to something that's there, that some of
that's known, quite frankly, before we get in, and I think that will help us to
move along in the fact that we are moving. It doesn't stop anybody from
bringing a change or anything to the table, but I think if there is something in
there that needs to be addressed, you've got a window of opportunity to try
and do that, and to get it there, rather than us coming in, being set to move,
and then into a marathon session about what needs to be discussed at that
time. Because as I always say, ain't no secrets in the courthouse. So you
know, we might as well, if somebody's got a question about it, bring it up
during that period of time that we have going into it, and I think it will just
move as smoothly as it has been moving.
Mr. Kuhlke: Sen. Cheeks?
Mr. Cheeks: In view of what the Commissioner has said and not
trying to mirror what we do in Atlanta, but I think it's a good rule that we
have in both the House and the Senate, if there are some Commissioners or
School Board members, and it would take four, it would take the two that
are trying to make a change, both School Board member and House member
-- I mean Commission member and School Board, and then those where they
wanted to make a change, could [inaudible] it between those four without
p1ltting us-uuLof tilt with the..rule8-thaLw~use<llthink if the~Qul<LcluJhat,
even -- and I'm just thinking out loud -- I don't think the Delegation is going
to object to somebody critiquing their district a little bit as long as it was
agreeable unanimously with those that's being involved. And that's the way
it works in the Senate and the House. If I don't particularly like one little
neighborhood that I'm in or my mother lives over there, and I can pull that
in or take that out and put it over in the next -- and the man that's -- the
Legi.slator's that it's affecting doesn't object, and they can agree to it, then
the rest of us wouldn't complain. And that's just the rules we operate by,
and I think that's a good rule. I don't think I see that, but if it's going to
throw a hardship on the election committee down on the first floor, then, you
know, you'd have to rule it out. But I think you ought to have some
individual -- that's what Willie is saying and everybody is saying about
Henry, saying let everybody get in here and have the input. I think the more
input you get, the less chances we going to have of seeing rejection at a later
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date. So something between Ben and myself would not affect the others, if
we want to make that change, I think you should allow that to be done.
Mr. Kuhlke: Be ready to pop the map up next Tuesday morning, also.
To the attorneys, let me ask this question. It's something that would affect
the Commission, but not necessarily the Board. When this comes before the
Commission, is it -- what would be -- would it be your opinion then if the
Commission approves this plan -- and I think the School Board doesn't meet
again this year -- didn't you have your last meeting last night?
Ms. Minchew: Last night.
Mr. Kuhlke: But my question is do we approve it and send it to the
Justice Department and the Delegation -- what would be the appropriate
procedure on that?
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Mr. Wall: Well, you really have an option. I think the intent --
assuming that it's approved on Tuesday or whenever it's approved, you have
a choice to make. You can either then send it to the Legislative Delegation,
run an ad of notice of intent to introduce local legislation, and then have the
General Assembly adopt the plans just as they will do with the Board of
Education. That's what will happen with the Board of Education. There
will be a notice of intent, and then a bill will be submitted. The alternative
insofar as the Commission is concerned is that we then could start to
advertise under the home rule and adopt it as a hole rule ordinance, and it
would have to be advertised once a week for three weeks and then read at
two consecutive Commission meetings and adopted as a home rule
amendment to our charter and then be submitted. So passing it Tuesday is
just approving it in concept to pass it on to the next level, whatever level that
IS.
Mr. KuWke: Any other comments?
Mr. Mays: Yes, Mr. Chairman.
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Mr. Kuhlke: Yes, sir?
Mr. Mays: I knew one of the lawyers would get some [inaudible].
I'm just teasing you, Jim. What I was going to suggest, and this is just one
individual speaking, but I guess that's why we have meetings. We've got
three bodies here, and one of the reasons we've got, I think, this three body
format, is the fact that we realized that had, quite frankly, in the final
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analysis two different sets of rules that could govern us where we are going, I
and I think we've been unanimous in terms in setting the criteria, of getting
that so far, and it's been a working group. It's my personal opinion, not of
the Commission or anybody else, but just personal, that if we keep this
package together, that it flows in the same line, I think it cuts any confusion
because you do have two governing bodies, to a certain extent, that have a
slightly different set of rules. We have a home rule provision. The Board of
Education by law, and I stand to be corrected, yours is drawn and set by the
General Assembly. That was the reason to get us into this format where we
are. And I think to do anything other than that defeats the purpose and it
cuts back on the harmony which we've already put together. I would
suggest, and I know Jim has said we've got the options, but I think we
exercise one option, that's being together, and it's worked pretty well thus
far, and I think it's going to work. I think if we start to a point where we
start submitting something directly to the Justice Department, and then we
got, we still got a Delegation that -- which I think they're getting the
message and we're together and they're going to vote that way, but you
leave the [inaudible] -- Don and I have always agreed on this -- the less you
leave to chance, the better off you are. And I think to a point that it goes and
stays in one group package, it goes there to the General Assembly, so that if I
there is a one-in-a-million chance that something changes, both local groups
know where that change has been. We're not sitting there with one plan on
the Justice Department's doorstep, and the General Assembly passes
something else for the Board of Education. I don't think that's going to
happen, but I think if both plans are together, then everybody's business is in
one package. And it eliminates any confusion. Everybody knows where
everybody else is going. And there is no deviation from where we've been
thus far. And that's just personal opinion, it's not one of the Commission.
But I just wanted to put that in there, Mr. Chairman. Cause this has worked
real well so far. I think if we start getting at the end and split off in one
direction and then we are waiting for the General Assembly to get through
with their part of it and approving it, I just think it needs to be together.
That's just my personal opinion.
Mr. Kuhlke: Okay, Mr. Mays. The spirit of my question was this
really, is by taking that action, does it speed up the process and, I guess
another question, if it did speed up the process, would not the General
Assembly have a chance to look at it before the final -- that was the reason I
asked the question. You don't even need to answer that, Jim. I
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Mr. Wall: Well, there may be some small time savings, depending on
whether you approve the plan at the Commission meeting Tuesday. There
would 'not be a time savings, in fact it would delay things if you waited until
December 31. I think it depends on when the Commission voted on it. But I
mean there is a lot of logic in what Commissioner Mays said. If you send
them up together and the Justice Department is looking at it and you've got
two Boards that are submitting them simultaneously and the General
Assembly has looked at the effect both on the Board of Education as well as
the Commission. There is a lot of logic in doing it that way.
Mr. Kuhlke: Okay.
Ad;ourn
Mr. KuWke: Any other comments? If not, we stand adjourned and
see you Tuesday morning. Thank you.
Lena J. Bonner
Clerk of Commission
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