Colorado Reapportionment Commission (07/25/2011)

Final
STAFF SUMMARY OF MEETING

COLORADO REAPPORTIONMENT COMMISSION

Date:	07/25/2011	ATTENDANCE

Time:	11:02 AM to 03:12 PM	Atencio	X
		Berry	*
Place:	LSB A	Carroll	X
		Jones	X
This Meeting was called to order by		Loevy	X
	Mario Carrera	Nicolais	X
		Salazar	*
This Report was prepared by		Tool	X
	Jessika Shipley	Witwer	*
		Webb	X
		Carrera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Executive Session Discussion of Formula for Competitive Districts Review of Proposed Preliminary Plans Review of Pans for Public Hearings Other Business		Legal advice from outside counsel Committee Discussion Only Technical changes made to House and Senate plans Committee Discussion Only Committee Discussion Only

Note: This meeting summary is not an official record of the commission or of the meeting. It is not intended to serve as a transcript or minutes of the commission meeting. The audio recording of the meeting is the official record of the meeting. This summary may be used as a guide to the audio recording. To access the audio recording of a commission meeting, visit the Colorado Joint Legislative Library located in the State Capitol, Room 048 (basement/ground floor level). You will need to note the date, time, and location of the meeting to access the audio recording. Copies of the audio recordings may be obtained at the library if you bring with you blank, recordable compact discs or a flash drive. Librarians are on site and available to assist you with accessing an audio recording.

11:03 AM -- Executive Session

After calling the meeting to order, Commissioner Carrera asked for a motion for the commission to go into executive session, pursuant to Section 24-6-402 (4), Colorado Revised Statutes, for the purpose of receiving legal advice from counsel. Commissioner Webb first read an extensive prepared statement addressing the decisions made to date by the commission (Attachment A). He expressed particular displeasure about the redistricting of the cities of Denver and Aurora.

11:25 AM

Commissioner Nicolais responded to Commissioner Webb's remarks. Commissioner Loevy shared comments about the redistricting of El Paso County. Commissioner Carrera also responded to Commissioner Webb's statement.


BILL:	Executive Session
TIME:	11:30:37 AM
MOVED:	Carroll
MOTION:	Enter an executive session pursuant to 24-6-402 (4), Colorado Revised Statutes, for the purpose of receiving legal advice from outside legal counsel. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Webb
		VOTE
	Atencio	Yes
	Berry	Yes
	Carroll	Yes
	Jones	Yes
	Loevy	Yes
	Nicolais	Yes
	Salazar	Excused
	Tool	Yes
	Witwer	Yes
	Webb	Yes
	Carrera	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:31 AM

The commission entered into an executive session. The session was recorded, but it is not part of the public record.

12:52 PM

The commission came back to order and then immediately recessed for lunch.

01:15 PM -- Discussion of Formula for Competitive Districts

The commission came back to order. Commissioner Carroll discussed the factors considered when she and Commissioner Berry worked with commission staff to determine the best formula for a competitive district. They decided to use three different categories for competitive districts. Anything between 0 and less than five percent in favor of one party or the other will be considered "highly competitive." Districts between 5 and less than 10 percent will be labeled "competitive." Anything 10 percent or greater will be labeled as a "safe" district. Commissioner Berry referenced a handout entitled Treasurer Race by Proposed House Districts (Attachment B). She commented that she and Commissioner Carroll agree about the three categories. She made further remarks about the methodology for determining the formula.

01:21 PM

Commissioner Witwer asked if only 2010 races were considered. Commissioner Carroll responded that there were no other statewide, two-candidate races to consider. Discussion ensued about the appropriate sample size needed to avoid statistical anomalies.

01:29 PM

Discussion continued about the potential statistical problems with using only the state treasurer race from 2010. Commissioner Loevy expressed support for the scale proposed by Commissioners Carroll and Berry. Commissioner Berry discussed the use of performance data rather than registration data by her and Commissioner Carroll when determining the scale. Commissioner Nicolais expressed concern about using only the 2010 state treasurer race because he believes that it does not provide an adequate baseline. He asked for further clarification of the methodology, which Commissioner Carroll attempted to provide. She spoke about her reason for using only state races with two candidates.

01:37 PM

Commissioner Tool expressed his opinion that an average of six statewide races from 2008 and 2010 should be used to determine competitiveness. Commissioner Witwer agreed that a larger sample size should be used. Commissioner Jones offered his opinion that using only the 2010 state treasurer race is the most appropriate way to develop a formula. Discussion ensued. Commissioner Nicolais suggested aggregating all votes at the state legislative level and using that as a predictor of competitiveness. Commissioner Carrera commented about the issue of determining the competitiveness of districts and asked the commission to wrap up the discussion. Commissioner Webb stated that he would like to reserve judgement on the topic. Commissioner Atencio expressed concern about the impact and potential dilution of minority and minority-majority districts.

01:50 PM

Discussion continued about the most appropriate criteria for competitiveness.

01:53 PM -- Review of Proposed Preliminary Plans

Commissioner Tool discussed the analysis of minor splits in cities and census places in the preliminary House map and recommended technical changes (Attachment C). He spoke about moving Jackson County from House District 49 into House District 57. He also discussed the unassigned portion of Morgan County and the potential assignment of that area to either House District 63 or House District 65. Discussion ensued about the population distribution in House District 65.

02:06 PM

Commissioner Tool referred to the Statewide Preliminary Adopted House Plan document (Attachment D) in his discussion of the unassigned portion of Morgan County.

02:08 PM -- Olivia Mendoza, representing the Colorado Latino Forum, responded to questions from the commission about the minority population in the unassigned portion of Morgan County.

02:14 PM

Commissioner Tool continued to discuss the unassigned portion of Morgan County and advocated for the adoption of that portion of Commissioner Salazar's original Region 2 map submission. Discussion continued about the Hispanic population of Morgan and Weld counties. Commissioner Jones suggested that any fix to Morgan County be delayed until public comment can be heard.

02:21 PM

Amanda King, representing the Reapportionment Commission staff, commented about the technical changes to the statewide preliminary adopted House plan.


BILL:	Review of proposed preliminary plans
TIME:	02:25:01 PM
MOVED:	Tool
MOTION:	Adopt the technical changes in Attachment C except for those in Morgan County and Jackson County. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Witwer
		VOTE
	Atencio	Yes
	Berry	Yes
	Carroll	Yes
	Jones	Yes
	Loevy	Yes
	Nicolais	Yes
	Salazar	Yes
	Tool	Yes
	Witwer	Yes
	Webb	Excused
	Carrera	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:27 PM

Commissioner Carroll asked for further discussion about the movement of Jackson County from House District 49 to House District 57.


BILL:	Review of proposed preliminary plans
TIME:	02:31:16 PM
MOVED:	Tool
MOTION:	Move Jackson County from House District 49 to House District 57. The motion failed on a vote 4-6, with 1 excused.
SECONDED:	Berry
		VOTE
	Atencio	No
	Berry	Yes
	Carroll	No
	Jones	No
	Loevy	Yes
	Nicolais	No
	Salazar	No
	Tool	Yes
	Witwer	Yes
	Webb	Excused
	Carrera	No

Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL

02:33 PM

Commissioner Carrera presented a map addressing Bow Mar and isolated portions of Jefferson County near House District 1 (Attachment E). Commission discussion ensued.

02:38 PM

Discussion turned to the analysis of minor splits in cities and census places in the preliminary Senate map recommended for technical changes (Attachment F). Commissioner Tool explained each of the technical changes.


BILL:	Review of proposed preliminary plans
TIME:	02:42:50 PM
MOVED:	Tool
MOTION:	Adopt the technical changes in Attachment F. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Witwer
		VOTE
	Atencio	Yes
	Berry	Yes
	Carroll	Yes
	Jones	Yes
	Loevy	Yes
	Nicolais	Yes
	Salazar	Yes
	Tool	Yes
	Witwer	Yes
	Webb	Excused
	Carrera	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:47 PM

Commissioner Tool discussed some potential changes to Boulder Senate districts that he has considered, which would eliminate a county split (Attachment G). He explained his proposal and explained that it was simply an exercise for discussion purposes.

02:50 PM -- Review of Plans for Public Hearings

Jeremiah Barry, Staff Director, Reapportionment Commission Staff, came to the table to discuss the process followed for past public hearings. Commissioner Carroll asked commission staff to develop a brief statement of explanation that will be delivered by staff at the beginning of each public meeting. The commission discussed the written materials that will be provided at each meeting and outreach for the purpose of publicizing the meetings.

02:56 PM

Commissioner Carroll commented about proposed changes to district numbers (Attachment H). Commissioner Jones made suggestions about the logistics of traveling around the state. Discussion returned to the issue of district numbering.

03:05 PM -- Other Business

The commission continued to discuss the numbering of districts. They determined that district numbers should not be changed unless there is no incumbent. In situations where two incumbents are drawn into the same district, the commission agreed that a third district number should be assigned. A number of letters from individuals and organizations were submitted to the commission for consideration and were entered into the public record (Attachment I).

03:11 PM

The commission adjourned.