County is in
violation of law, says county
commissioner

Prevatte says the board can’t afford to put redistricting off any longer and is opening itself up to a lawsuit.

By NICOLE CARTRETTE
Staff Writer

It’s been nearly four months but the Columbus County Board of Commissioners don’t appear to know much more about redistricting than they did the night they voted for it.

County Attorney Steve Fowler, who was asked to investigate the situation in February, gave no specifics at the meeting but was questioned as to why he did not have more information for the board.

“Mr. Attorney, what about redistricting?“ Commissioner James Prevatte asked.

Fowler said he had spoken with the UNC Center for Civil Rights but “didn’t want to obligate the county further.

“I will do whatever is the will of the board,” Fowler said pointing out it may be costly to start negotiations about money. “I did not want to start negotiating prices.”

Prevatte pressed Fowler for a legal opinion.

“Weren’t we bound by law?” Prevatte declared.
Fowler said “probably.”

“We can or are required?” Prevatte insisted.
“Required,” County Manager Jim Varner answered for Fowler.

“Find out what it will cost and we will appropriate it,” Prevatte said. “You can’t afford not to because you are opening yourselves up to a lawsuit because you are violating the law.”

“Are we violating the law? I don’t know,” Commissioner Bill Memory said. “We’re going to spend some money but for one election?”
“The Board of Elections requires us to do it. In 2010, we have to do it,” Varner said.

“I’d like to see that in black and white, Mr. Varner,” Commissioner Ronald Gore said.

Commissioner Amon McKenzie (the only commissioner who voted against redistricting) made it clear he didn’t want the board drawing the lines. “We simply can’t do it ourselves,” he insisted.

Earlier this year, the board was under pressure from local citizens who pointed out that several districts are in violation of federal law by having population deviations of more that 20 percent in some districts. The county did not redistrict after the 2000 census, as required.

Many board members were uncertain of the effect a court order from 1992 had on its ability to redistrict. The order abolished five at-large seats and created seven single member districts, two of which are minority districts.

Commissioners were given a memo in February on “potential” re-districting of current commissioner districts that suggests the county hire “an independent demographer” to “meticulously” map potential new districts.

“A demographer could give a higher level of assistance to the Commissioners in an equitable fashion.

“They would be given certain mapping criteria and instructions from the Board and ideally, decrease speculation and potential puzzlement about new district lines,” County Attorney Steve Fowler wrote in the memo.

He pointed out that a Feb. 15 draft proposal of possible district changes showed “dramatic geographical changes” that could happen to each commissioner district.

The draft cut Commissioner Bill Memory out of his own district, 4, and placed him in commissioner Ronald Gore’s District 7. Commissioner Amon McKenzie would lose parts of Fair Bluff and Cerro Gordo, under the example plan.

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