Travis County Commssioners Court
November 12, 2003
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Item 21
21, consider and take appropriate action to schedule a public hearing on the impact of state redistricting on Travis County in preparation for submission to the u.s. Department of justice voting rights division. The voting rights division seems to contact the county judge every time we make any change to a voting location or any kind of voting rights in Travis County. And it amazed me a week ago that I really knew so little about the impact of state ax on Travis County. In -- action on Travis County. In my view we ought to have a public hearing out. I'm also advised that the justice department is expected to take action the first part of December. So in my view, the time to have a public hearing is in this Commissioners courtroom next Tuesday.
>> okay.
>> and basically unlike a lawsuit, the just disdepartment really is concerned about the impact of changes on minority groups. And for us that would mean african-americans and hispanics. And the [indiscernible] for the public hearing ought to be narrowly focused on that. And the intention would be for us to file that if we agree with the justice department. And what I'm thinking is if we have the public hearing next week, on the following week, November 25th, we would have a written summary that we would submit to the justice department.
>> judge, are you talking about during our meeting or would this be an evening public hearing?
>> what hi in mind was a 9:00 public hearing as part of our regular meeting.
>> okay.
>> I'm thinking that is not a three-, four-, five-hour meeting.
>> are you thinking? Just depends to questions. If it's at the beginning of our meeting, it sets the tone for the entire day.
>> this is pretty important.
>> I don't disagree, and I'm just wondering in terms of the public being able to get here whether a 9:00 a.m. Hearing is something that is public friendly.
>> seems to me 9:00 is better than 1:30 because people who work, they come at 9:00 and have their say and leave.
>> I was thinking maybe it needs to be 5:00 or 530:67:89 I'm just asking the question.
>> well, I didn't -- this court [inaudible]. Fine with me.
>> I'm just raising the question.
>> I have to leave at 4:50 on Tuesday.
>> judge, I think it's very appropriate to have a public hearing on this particular item. I do know the justice department does get things done. In fact, the last time we did our [indiscernible] setting the deal for the Commissioners court is when we did that in 2000 on the latest census and things of that nature, the person that did get in touch with us from there to see if everything had went already accordingly and how they impacted minority districts. So, again, I'm concerned about this. And, again, it is very important because in my mind I still feel very strongly about this as far as segregation by jerry soldier gerrymandering, it's not fair, done right, I think this whole congressional redistricting plan that's proposed here in my mind is criminal. And it does impact the minorities in this community. But not only that, it separates us, I think, significantly from the persons that we have been aligned with here in Travis County for many, many years. It divides the community tremendously, and it does again to congressional districts the way they are drawn out does have a significant impact. Three different districts being proposed in this particular plan. District 10, the new district 10, district 21, and also district 25. Definitely carved up the african-american voters in this community along with the hispanics. 80,000 persons in this community, residents of african-american which in Travis County are being divided significantly whereby the numbers have been suggested to be a part of district 10, and of course, district 25 and also district 21. And we're talking about district 25 that goes all the way to the border next to mexico. Mcallen, hidalgo county. Which where we are now -- we are now under that configuration, we have about 44,000 residents, african-american residents that would be impacted that live within the boundaries of precinct 1 in this new district, whereas the other congressional district as far as district 10 is concerned, we're talking about an additional 27,000 that will be up in district 10, which representation will go all the way to houston, Texas. The other that remains of the 80,000 in precinct 20 -- not precinct 21, but district 21, which is currently held by congressional person of lamar smith, which we may be talking about a little less than 8,000. So, again, I think it's very important because those numbers are real and it definitely does have an impact on this community. So I think it is very necessary that a public hearing be held so we at least will be ready for the justice department. How it will impact the new voting if this particular case is upheld by the court on December 8th. And if it's upheld, then how it will impact us, and so we have to prepare ourselves for the worst. I'm not saying it's going happen, but the ruling of the court will have to be at that time disclosed. So, again, I think it's very necessary. Thank you.
>> an evening meeting may well be problematic. I move we schedule the public hearing at 9:00 in the morning.
>> I second that.
>> we indicate to those working out of town that written comments will be appropriate also.
>> and that is on what date, judge?
>> that's on November 18th. Tuesday, the regular meeting of the Commissioners court. What we can do is look at our schedule and best we can maybe not have major items. I know -- but for November 25th.
>> we do have american housing, and that's a 1:30 item.
>> right.
>> on our friends on the health and finance corporation.
>> right.
>> do we want to say --
>> if we need that.
>> I'm going to presume there is something there still. Are we going to limit and have specific goals related to this? Because quite frankly, this could take up the entire morning if it's not -- if we don't say up front whether the three-minute rule is going to be enforced, whether people are going to be able to give their three minutes to other people. We had a small item on this where we were limited in what we could say, but the public was not limited in what they wanted to say about that item. And it went on for almost an hour and a half.
>> I would be real surprised if we didn't take an hour to an hour and a half. Right now county policy is you cannot give your time to somebody else.
>> I think we need to make those rules real clear.
>> the -- you know, the thing about the three-minute rule is if three people show up, it will look like we're just incredibly arbitrary.
>> okay.
>> I think where we have asked people be mindful that others want to give testimony today, people have been courteous, respectful, and not taken a long time.
>> I'm just asking up front. If it's at all possible that we could at least take the consent list before we start that hearing so at least our managers and others that need to do business with Travis County will know whether they are still on or if they can get back to work. At least get the consent motion taken care of.
>> that's fine with me.
>> I would really appreciate that if we could do that.
>> judge.
>> yes, sir.
>> the court is free to set specific rules from this hearing different from the rules you would have for a general hearing and one of the ordinary hearings this court has. One of the things you may want to consider since this is a hearing for civic purpose this court is specifically calling, you may wish to invite specific people to give you testimony. This is a court and you could subpoena people to give you testimony if you wanted to. And if there are those that you want to invite and they want to establish a different time rule for those that you think have specific information that would be helpful to this Commissioners court, you don't have to do that is correct but you can if you want. Have invited witnesses, have a time frame for those invited witnesses, and then have a shorter time frame, if you choose, for witnesses you had not invited to testify, who have come voluntarily on their own. So I wanted the court to be aware you don't have to have the three-minute rule for everybody because you have a three-minute rule for some.
>> thank you.
>> good to know.
>> any more discussion?
>> judge, I walked in late. Due state a purpose for the meeting?
>> yes, sir. The wording would state the precise purpose. That way -- I mean I think if we start the public hearing by reminding people of the purpose, then maybe comments directly on point will shorten the public hearing also.
>> right. Yeah.
>> these completions are kind of funny. -- public hearings are kind of funny. The rules that we have in place now are good. Sometimes we really don't enforce them, but luckily, you know, most often we don't need to. Every now and then --
>> it's the time you don't say it that, yeah, it gets --
>> but our rule now does not allow you to assign your time to somebody else eye think what we're looking for is fairness. We want to give people the opportunity, but we also want to make sure there's consideration to others that are here. Again, if it's three people, we don't have an issue. But if it's 30 and it is an issue and it's just to make sure that we're giving everybody the opportunity to have their say.
>> and if I understand you right, assistant county attorney, jim, did you suggest that the court has the authority to subpoena witnesses to participate in this particular public hearing?
>> this --
>> am I understanding you correctly?
>> the Commissioners court is a court and you have the authority to subpoena witnesses to any meeting.
>> okay. I just thought you were talking about this particular one. That's just a general rule of thumb.
>> right. Because you are a court.
>> exactly.
>> so we could subpoena the news media and force them to cover [inaudible]?
>> for this particular one.
>> klbj [indiscernible]. We don't need -- eye mention that simply as an aside to the point that because you want particular information, you could find out about particular things, you are free to invite witnesses. Do you not have on to have a public hearing where you simply invite the public and someone comes, fine, if they don't, fine. If a member of the court chooses, you are free to specifically invite witnesses.
>> okay. Thank you, mr. Alan, I appreciate that.
>> any more discussion?
>> do we need a motion?
>> I think the judge made it. I seconded it.
>> receiving testimony regarding the proposed impact -- impact on proposed redistricting on african-americans in Travis County and impact on hispanic voters community of interest in Travis County. It's kind of Travis County specifically, african-americans, hispanics, the reason is that's what the justice department really looks at.
>> that's the only thing really exactly.
>> could we broaden it just one slightly bit more because I think it would be very relevant and that it that it has to do with the changing of precinct lines and the potential of confusion at the polls because voting locations may change, and that would be something that I think is relevant as well related to -- it's my understanding there's more than 100 precincts that are impacted by this because of lines that may have to get moved and people that are used to being in the precinct may wind up going someplace else. I think that is something that the justice department looks at. They are always questioning us whenever we change a voting location as to what may be the impact of that.
>> in fact, judge, I don't -- have not had a chance to talk with the county clerk, but I think she may have mentioned some time ago that, you know, that the lines and the confusion, a lot of things will be caused. It may be good for her to be here.
>> she may be one that we need.
>> I'm sure --
>> to deal with that because --
>> she's oust country. -- out of the country.
>> well, somebody from her staff.
>> she can have a and b, public hearing.
>> I think those are relate points.
>> the lines will definitely change, as stated earlier, in precinct 1, I know for sure, with the 80,000 residents we have in Travis County. And I broke that down according to sources of how the african-americans will really be impacted along with the hispanics. So it's a big deal.
>> uh-huh.
>> all in favor? That passes by unanimous vote.
>> thank you.
Last Modified: Tuesday, November 12, 2003 5:52 PM