Glatt v. City of Pasco
| Decision Date | 27 January 2017 |
| Docket Number | Case No. 4:16-CV-05108-LRS |
| Court | U.S. District Court — District of Washington |
| Parties | BERTHA ARANDA GLATT, Plaintiff, v. CITY OF PASCO, et al., Defendants. |
On August 4, 2016, Plaintiff, Brenda Glatt, filed a Complaint against the City of Pasco and its City Council members in their official capacities alleging that the City's "at large election method of electing Pasco City Council members violates Section 2 of the Voting Rights Act... 52 U.S.C. § 10301." (ECF No. 1 at 9). Section 2 of the Voting Rights Act (VRA) prohibits the imposition of a "voting qualification or prerequisite to voting or standard, practice, or procedure...which results in a denial or abridgement of the right of any citizen...to vote on account of race or color." 52 U.S.C. § 10301(a). A violation of § 2 is established if, "based on the totality of circumstances," the challenged electoral process is "not equally open to participation by members of a [racial minority group] in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." 52 U.S.C. § 10301(b). The essence of a § 2 claim, as set forth in seminal case Thornburg v. Gingles, 478 U.S. 30 (1986), is "that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by [minority] and [majority] voters to elect their preferred representatives." 478 U.S. at 47.
On September 2, 2016, the court approved entry of the parties' Partial Consent Decree wherein Pasco admitted liability and consented to the court's finding that the City's existing at-large method of electing all its members to the Pasco City Council violated § 2 of the VRA by diluting the electoral power of Pasco's Latino voters. (ECF No. 16 at 10). The Partial Consent Decree fully resolves the issue of liability. The court enjoined the Defendants from conducting future elections under that system "or any other election method that violates Section 2 of the Voting Rights Act." (ECF No. 16 at 12). The Partial Consent Decree did not mandate a particular remedy.
Now pending are the parties' proposed remedial plans (filed as cross-motions at ECF Nos. 21, 25) after they failed to reach agreement on this aspect of the case. On December 7, 2016, the court held oral argument. Present on behalf of Plaintiff were Brendan Monahan, Emily Chiang, La Rond Baker, Gregory Landis, and Cristin Aragon. Present on behalf of Defendants, City of Pasco were John Safarli, Leland Kerr, and Casey Bruner.
The parties' motions are supported by declarations, reports, and data of highly experienced demographic and redistricting experts: Richard L. Engstrom, Ph.D. (ECF Nos. 23, 29); William S. Cooper (ECF Nos. 24, 28, 32); and Peter A. Morrison, Ph.D. (ECF No. 26, Ex. 13; ECF Nos. 33, Exs. 1 and 2).
There are three electoral formats commonly used by municipal governments in the United States: at-large systems, single-member district systems, and "mixed" or "hybrid" systems. See Goosby v. Town Bd. of Town of Hempstead, N.Y., 981 F.Supp. 751, 757 (E.D.N.Y. 1997). Id.
In this case, the Pasco City Council has adopted a "mixed" or "hybrid" 6-1 remedial plan redrawing its voting districts and utilizing a scheme in which six members are elected from districts and a single position is elected at-large. The primary issue is whether the remedial plan is legally acceptable. If it is, the parties agree deference is owed to the Pasco City Council's legislative judgment. If it is not, Pasco concedes the court has authority to judicially impose Plaintiff's proposal with seven single-member geographic residency districts. This Memorandum Opinion and Order approves the City's remedial plan, directs its implementation, and denies the Plaintiff's request for permanent injunction, but retains jurisdiction.
As with all cases under the Voting Rights Act, this one is driven by the facts. The City of Pasco has conceded that its current City Council election scheme violates § 2. The key factual conclusions supporting the court's finding of liability are contained in the Partial Consent Decree. (ECF No. 16). Because of their length, the stipulated facts and findings in the Partial Consent Decree are incorporated by reference.
The parties have decided that the public interest is best served by efforts to settle this litigation thus avoiding "protracted, costly, and potentially divisive litigation." (ECF No. 16 at ¶ 23). The experience of courts applying the Voting Rights Act confirms that it is one the most difficult and intricate responsibilities a district court will confront. See e.g., Patino v. City of Pasadena, 2017 WL 68467 (S.D.Tex. Jan. 6, 2017) (). The parties' experts largely rely on the same sources of data, with the exception that the Defendants' expert, Mr. Morrison, has also supplied analysis based upon recently obtained data from the Franklin County Auditor's Office.1 (ECF No. 33, Ex. 1). The experts' methodologies differ and variances in their data exists, however these differences are not material to the court's decision. No party has requested a trial or evidentiary hearing on the facts.
The City of Pasco, is located in south central Washington and is one of three cities that make up the Tri-Cities region. Its geography encompasses approximately 38.7 square miles. (ECF No. 28 at 2). Pasco's population nearly doubled between 2000 and 2010. (ECF No. 24 at 4). Its adjusted population based on the 2010 decennial U.S. Census is 62,452. Id. More recent population estimates of the Washington Office of Financial Management indicate the population is 70,560. (ECF No. 24 at 6). According to the 2010 Census, the City is 54.02%2 Latino and 40.44% non-Hispanic White. (ECF No. 24 at 5). The 2010 Census data adjusted for annexations estimates that Pasco has a population under age 18 that is 66.47% Latino and 25.48% non-Hispanic White. (ECF No. 24 at 5).
Mr. Morrison estimates Pasco's Spanish-surnamed voter registration is 31.8% as of October 2016. (ECF No. 33, Ex 1 at 3, ¶9; Ex. 2 at 4-5). This statistic is an estimate of Latino registered voters in Pasco.
The American Community Survey ("ACS"), produced by the U.S. Census Bureau, provides two estimates of the Latino citizen voting-age population ("LCVAP") (residents that are legally able to vote) in Pasco. The first is based upon a five-year survey for 2010-2015 and the second is based on the one-year survey for 2015. The one-year estimate accounts for Pasco's city limits as of 2015. (ECF No. 33, Ex. 1 at 2). The estimates for LCVAP are 31.9% of the citywide eligible voter population (5-year estimate), 32.09% (5-year estimate adjusted), and 38.5% (2015 1-year estimate). The 2015 estimate is most current and includes recent annexations, however, the five-year estimate (which does not take into account the 2014 and 2015 annexations) is more statistically reliable.
Given that a significant portion of the City's population is Latino and young, trends show and experts forecast the LCVAP to increase in the coming years. (ECF No. 33, Ex. at 2). Mr. Morrison predicts the LCVAP is likely to exceed 40% by 2021. Id.
Pasco is a non-charter code city with a council-manager form of government. (ECF No. 25 at 3). The Mayor and Mayor Pro Tempore are chosen by councilmembers. (ECF No. 25 at 5). While the Mayor presides over Council meetings, the role is "for ceremonial purposes." Id. (quoting Wash.Rev.Code § 35A.13.030).
The Pasco City Council consists of seven members. When the last City Council election was held, the City was utilizing an at-large, numbered "place system" for electing councilmembers to serve staggered four-year terms. (ECF No. 31 at 10). Five of the seven positions (identified as Positions 1 through 5) were tied to geographical residency districts. Candidates for Positions 1 through 5 were required to reside in their respective geographical residency districts. In the August primary, voters narrowed the field of candidates for the district in which they resided. The top two candidates in each district proceeded in the general election, which was conducted at-large and the candidate receiving a majority of votes won. Positions 6 and 7 were both at-large positions, in that voters citywide narrowed the field of candidates for each seat in the primary and then voted for one of two candidates for each position in the general election. Washington state law requires that "all voters of a code city be permitted to vote in each city council race at the general election." Wash. AGO 2016 NO. 1 (Wash.A.G.), 2016 WL 439289 (Jan. 28, 2016)(discussing Wash.Rev.Code §35A.12.180).3 The key features of Pasco's election scheme were the combination of: 1) a numbered place system; 2) a top two primary system; and 3) at-large general elections for every seat with a majority vote rule. See ECF No. 23 at ¶ 10.
In 2015, Plaintiff Brenda Glatt, a Latina, was a...
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