Final
STAFF SUMMARY OF MEETING

COLORADO REAPPORTIONMENT COMMISSION

Date:06/27/2011
ATTENDANCE
Time:11:01 AM to 05:18 PM
Atencio
X
Berry
X
Place:LSB A
Carroll
X
Jones
X
This Meeting was called to order by
Loevy
X
Mario Carrera
Nicolais
X
Salazar
X
This Report was prepared by
Tool
X
Bo Pogue
Witwer
X
Webb
X
Carrera
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Report on Retention of Counsel
Discussion of Staff Summaries
Review of Proposed Plans for Region 4
Region 5 Public Testimony
Other Business
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
S4001v3 and H4001v2 Passed
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or 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.

11:01 AM -- Report on Retention of Counsel

The commission was called to order. A quorum was present. Commissioner Atencio provided an update from the subcommittee charged with looking into hiring outside legal counsel on its efforts to retain outside counsel for the commission. Commissioner Nicolais provided input on the update.


11:03 AM -- Discussion of Staff Summaries

Mr. Jeremiah Barry, Commission Staff Director, provided background on the role of staff meeting summaries during the legislative process. Mr. Barry responded to questions regarding the ability of commissioners or the public to access written transcripts of the commission's meetings, and the information that the Colorado Supreme Court will consider during its deliberations concerning the commission's meetings. Discussion ensued regarding the merits of creating a process for approving commission summaries, and the costs associated with providing written transcripts of the meetings or meeting testimony. The commission discussed the proper role of commission summaries, and the use of meeting recordings as the official record of commission meetings. The commission elected to place a disclaimer at the beginning of commission meeting summaries indicating the role of the summaries.

11:12 AM -- Review of Proposed Plans for Region 4

The commission considered proposed redistricting plans for Region 4, beginning with the Senate plans. Region 4 consists of the following counties: Custer, Clear Creek, Douglas, El Paso, Fremont, Gilpin, Park, and Teller. Commission members received copies of the five plans (Attachments A through G), which consist of maps of the plans and zooms of specific localities, along with a number of demographic and statistical reports for each plan. The commissioners also received a map of the Senate districts approved in 2001 (Attachment H). Commissioner Atencio discussed Senate plan S4001v1 (Attachment A). Commissioner Atencio then discussed Senate plan S4002v1 (Attachment D).

Attachment A.pdf Attachment B.pdf Attachment C.pdf Attachment D.pdf Attachment E.pdf Attachment F.pdf Attachment G.pdf Attachment H.pdf


11:22 AM

Commissioner Atencio continued to explain the merits of Senate plan S4002v1, and the factors considered in drafting the plan. Ms. Amanda King, Reapportionment Commission Staff, discussed Senate plan S4003v1 (Attachment E), and the factors considered in drafting the plan. Discussion ensued regarding the placement of Custer County in a previously adopted Senate plan. Commissioner Nicolais discussed Senate plans S4004v1 (Attachment F) and S4005v1 (Attachment G), highlighting the merits of each and comparing the two maps. Commissioner Nicolais discussed potential problems with certain political considerations in plan S4002v1, and discussed the competitiveness of certain districts in plans S4004v1 and S4005v1. Discussion ensued regarding the relative political competitiveness of these plans and Commissioner Atencio's plan.

Attachment E.pdf Attachment F.pdf Attachment G.pdf


11:36 AM

Commissioner Nicolais discussed the issue of district "packing," where registered voters of a political party are over-represented in a particular district. Commissioner Witwer proposed amending plans to make them more politically competitive. Commissioner Atencio drew the commission's attention to an amended version of her plan, S4001v3 (Attachment C), and discussed the changes made to the plan compared to the first version in the area of demographics. Mr. Barry explained the district compactness criterion, as measured by the Compactness Report appended to each redistricting plan. Discussion ensued regarding the relative importance of considering the compactness criterion, and the weight given to this criterion by the Supreme Court. Commissioner Atencio discussed the compactness and contiguity of certain districts in Senate plans S4004v1 and S4005v1. The commission compared the compactness of the larger Senate districts in the various plans.

Attachment C.pdf

11:49 AM

Discussion continued regarding the importance of the compactness criterion, and the compactness of specific districts in the proposed Senate maps. Commissioner Atencio commented on an article concerning redistricting appearing in the Pueblo Chieftan. Discussion returned to the relative compactness of the districts in the Senate plans drafted by commissioners Atencio and Nicolais. The commission discussed its Senate plan preferences for Region 4. Commissioner Loevy provided his perspective on the Senate maps under consideration, beginning with plan S4001v3.


11:59 AM

Commissioner Loevy continued to discuss plan S4001v3, making remarks about a potentially competitive district in the plan. Commissioner Loevy then provided his perspective about plan S4005v1 as compared to plan S4001v3. Discussion ensued regarding the competitiveness of Senate District 11. Commissioner Atencio discussed the communities of interest within Colorado Springs. Commissioner Nicolais pointed out certain demographic and competitiveness features in S4004v1 and S4005v1. Discussion followed regarding the outcome of certain recent election contests in Senate District 11. Commissioner Carroll discussed the importance of competitiveness in the district. Commissioner Nicolais expressed concerns about drawing districts with boundaries created by highways, and the process by which Senate District 11 was created during the last redistricting effort. Discussion ensued regarding the number of Senate districts within the Colorado Springs city limits in the competing plans. Commissioner Atencio cited a portion of the Hobbs decision in In re Reapportionment of the General Assembly, 45 P.3d 1237 (Colo. 2002). Commissioner Nicolais offered to amend his map to align certain Senate districts with the Colorado Springs city limits. Commissioner Tool discussed the importance of ensuring that cities receive the number of districts to which they are entitled based on population. Commissioner Atencio discussed how plan S4001v3 respects the boundaries of Colorado Springs. Commissioner Witwer expressed support for not making historically competitive districts "safe" for either major political party, and followed up on Commissioner Tool's comments about cities. The commission scrutinized the Colorado Springs portion of plan S4001v3, and compared this portion to the Colorado Springs portion in S4004v1. Commissioner Webb commented in favor of plan S4001v3.
BILL:Review of Proposed Plans for Region 4
TIME: 12:12:09 PM
MOVED:Nicolais
MOTION:Moved for the adoption of Senate plan S4004v1 (Attachment F). A substitute motion to adopt Senate plan S4001v3 passed.
SECONDED:Berry
VOTE
Atencio
Berry
Carroll
Jones
Loevy
Nicolais
Salazar
Tool
Witwer
Webb
Carrera
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
BILL:Review of Proposed Plans for Region 4
TIME: 12:16:07 PM
MOVED:Carroll
MOTION:Made a substitute motion to adopt Senate plan S4001v3 (Attachment C). The motion passed on an 8-3 vote.
SECONDED:Webb
VOTE
Atencio
Yes
Berry
No
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
No
Salazar
Yes
Tool
Yes
Witwer
No
Webb
Yes
Carrera
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:24 PM

Commissioner Loevy discussed his reasons for voting to approve plan S4001v3.


12:26 PM

The commission recessed for lunch.


12:56 PM

The commission came back to order. The commission considered the House maps for Region 4. The commissioners received copies of four House plans (Attachments I through L) and a map showing the House districts approved in 2001 (Attachment M). Commissioner Webb discussed House plan H4001v1 (Attachment I), and compared the districts in this plan to the other proposed plans. Commissioner Webb discussed the political competitiveness of the House districts in Colorado Springs in the plan.

Attachment I.pdf Attachment J.pdf Attachment K.pdf Attachment L.pdf Attachment M.pdf


01:06 PM

Commissioner Webb continued to discuss the merits of House plan H4001v1, and then discussed the changes made in plan H4001v2 (Attachment J). Staff displayed voter registration figures for House districts 17 and 18. Discussion ensued regarding the voter registration and demographic figures for the various plans. Ms. Kate Watkins, Reapportionment Commission Staff, discussed House plan H4002v1 (Attachment K). Discussion ensued about similarities between House plans H4001v2 and H4002v1 with regard to certain districts in Douglas County. Ms. Watkins responded to questions regarding the guiding principles behind drafting plan H4002v1.

Attachment J.pdf Attachment K.pdf


01:18 PM

Commissioner Nicolais discussed House plan H4003v1 (Attachment L), and the potential for amending the plan to fulfill certain redistricting criteria in certain districts. Discussion ensued regarding the location of House incumbents in the El Paso County districts in plan H4003v1. Commissioner Nicolais responded to questions about his preference for the commission acting to amend plan H4003v1. Discussion followed regarding how the construction of Interstate 25 affected certain neighborhoods in Colorado Springs. Discussion turned to the topic of drawing districts with boundaries defined by highways, and districts in plan H4001v1 bounded by highways.

Attachment L.pdf


01:30 PM

The commission discussed the western boundary of House District 14 in the various plans. Commissioner Berry discussed the importance of creating maps with compactness. Commissioner Carrera discussed the redistricting of Parker and Lone Tree by plan H4001v2. Commissioner Nicolais responded to questions regarding how to redistrict Chaffee, Park, and Fremont counties on plan H4003v1. Discussion ensued about a comparison of plans H4001v1 and H4001v2 with regard to splitting Park County. Commissioner Loevy discussed the differences between plans H4001v2 and H4003v1 in terms of political competitiveness. Commissioner Webb explained his preference for plan H4001v2 over H4001v1. Commissioner Witwer discussed the treatment of Bailey by Senate plan H4001. After Commissioner Nicolais moved to adopt House plan H4003v1 as amended to include House District 60 from House plan H4001v1, the committee discussed the amendment. Commissioner Webb reiterated his support for plan H4001v2. Discussion followed regarding the disposition of Custer County by the various House plans. Commissioner Berry discussed differences in political performance between the two maps under consideration. Discussion ensued regarding differences in competitiveness between the two maps.

BILL:Review of Proposed Plans for Region 4
TIME: 01:32:10 PM
MOVED:Webb
MOTION:Moved for the adoption of House plan H4001v2 (Attachment J). The motion passed on a 7-4 vote.
SECONDED:Salazar
VOTE
Atencio
Yes
Berry
No
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
No
Salazar
Yes
Tool
No
Witwer
No
Webb
Yes
Carrera
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:Review of Proposed Plans for Region 4
TIME: 01:45:35 PM
MOVED:Nicolais
MOTION:Made a substitute motion to adopt House plan H4003v1 (Attachment L), as amended to include House District 60 from House plan H4001v1 (Attachment I). The motion failed on a 4-7 vote.
SECONDED:Witwer
VOTE
Atencio
No
Berry
Yes
Carroll
No
Jones
No
Loevy
No
Nicolais
Yes
Salazar
No
Tool
Yes
Witwer
Yes
Webb
No
Carrera
No
Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




01:58 PM

The commission recessed.


02:05 PM -- Region 5 Public Testimony

The commission returned to order. Commissioner Carrera discussed the current state of the redistricting process and read a statement about the process being undertaken by the commission. The following persons testified:

02:14 PM --
Ms. Sallie Clark, representing El Paso County as a county commissioner, testified regarding redistricting as it pertains to El Paso County. Commission members received a series of slides showing minority population densities for House District 18 (Attachment N). Ms. Clark discussed her commission district, and growth patterns in the Colorado Springs area. Ms. Clark then made some remarks about the population figures for the Colorado Springs districts in the various House plans previously considered by the commission. Ms. Clark discussed minority demographics in the Colorado Springs area. Ms. Clark then discussed how Colorado Springs neighborhoods are affected by transportation corridors, and certain discontiguities among the city's districts. Ms. Clark then discussed political competitiveness in the Colorado Springs House districts. Ms. Clark responded to questions regarding how Colorado Springs neighborhoods have been kept whole or split by the recently adopted Region 4 plans. Discussion ensued regarding the municipality status of Manitou Springs. Discussion followed regarding the growth patterns of minority populations in El Paso County, as compared to population growth in the county as a whole. Ms. Clark responded to questions about the residential patterns of those who work at the Fort Carson military base.

Attachment N.pdf

02:23 PM -- Mr. Wayne Williams, representing El Paso County as the County Clerk and Recorder, testified regarding redistricting in El Paso County. Mr. Williams discussed how growth patterns in the Colorado Springs area affect the redistricting process, and the importance of school district lines to the city's population. Mr. Williams expressed concerns about the level of discussion by the commission concerning constitutional redistricting requirements during its deliberations over Region 4 plans, using examples from the recently adopted plans to illustrate compactness problems. Discussion ensued regarding the commission's recent deliberations and its consideration of district compactness. Discussion followed regarding the voter registration figures for El Paso County.

02:35 PM --
Senator Kent Lambert, senator from Senate District 9, testified regarding redistricting in El Paso County. Senator Lambert discussed the impact of certain highways on communities of interest in the Colorado Springs area, and the status of Manitou Springs as an independent municipality. Senator Lambert provided input on the recently adopted Senate map for Region 4 with regard to the Air Force Academy campus.

02:40 PM --
Mr. Joe Perez, Ms. Nicole Hurt, and Ms. Vickie Lara, representing themselves, testified regarding the current House District 50 in Weld County. Mr. Perez discussed issues defining the communities of interest in the district, and the dynamics surrounding growth patterns in Greeley. Mr. Perez spoke against diluting the district and its Latino population. Ms. Hurt discussed her efforts to engage Latino voters in the Greeley area, current barriers to voting by this population, and the importance of concentrating the Latino vote. Ms. Lara distributed a letter to the commission from Latino leaders pertaining to House District 50 (Attachment O), and read the letter to the commission.

Attachment O.pdf


02:50 PM

Ms. Hurt responded to questions regarding the threshold for requiring bilingual voting capabilities in a county. Discussion ensued regarding the growth patterns for the Hispanic population in the Greeley area. Discussion followed regarding the relative importance of maintaining a whole House district in Greeley versus splitting the city to create a district with a large Hispanic population. Ms. Hurt responded to questions regarding figures cited in Attachment O.

Attachment O.pdf

02:57 PM --
Ms. Olivia Mendoza, representing the Colorado Latino Forum, testified regarding southeastern Weld County and Morgan County. Ms. Mendoza discussed the diversity in these areas, and the potential for creating a House district in southeastern Weld and Morgan counties. Ms. Mendoza responded to questions about the differences between southeastern Weld County and the rest of the county.

03:03 PM --
Former Senator Jack Taylor and Ms. Geneva Taylor, representing themselves, testified regarding Jackson and Grand counties as they pertain to Region 5 redistricting. Senator Taylor discussed the communities of interest in these counties, and other factors that shape life in the counties such as river basins and agricultural activity. Senator Taylor also discussed the transportation corridors in Jackson and Grand counties, and how travel is difficult for those representing the counties. Senator Taylor discussed water issues in Grand County, and the potential negative impacts of grouping Grand and Jackson counties in with counties to the east for redistricting purposes. Ms. Taylor discussed the cost of getting election in a rural area, and explained that the current House representative for Jackson, Grand, and Routt counties understands the issues of importance to the area.


03:16 PM

Discussion continued regarding transportation corridors in Jackson, Grand, and Routt counties. Commissioner Tool discussed the merits of grouping Jackson and Grand counties with western Larimer County for redistricting purposes. Discussion ensued on this proposal. Senator Taylor responded to questions regarding his preference for including Jackson and Grand counties in a House district with counties to the west. Discussion followed regarding the population required to draw House and Senate districts in these counties, and the travel for those representing the large districts that would result.


03:24 PM

The commission discussed the potential for not meeting during the July 4th week, and pushing consideration of Region 6 testimony into the following week. Discussion ensued regarding this proposal. The commission elected to hear testimony from both Region 6 and Region 7 on July 11th, with an earlier meeting start time. Discussion followed regarding accommodating testimony from regions other than those under consideration during the testimony phase of a meeting. Discussion turned to the methods by which the commission's activities are, and will be, communicated to the public.


03:34 PM

The commission recessed.


03:42 PM

The commission returned to order.

03:43 PM --
Ms. Martha Coleman, representing herself, requested that the area on the western edge of Fort Collins be included in House District 53. Ms. Coleman explained how the people in this area share a community of interest with the people of House district 53, and discussed the share infrastructure between this area and Fort Collins. Ms. Coleman responded to questions regarding the Colorado State University Foothills Campus, and explained how best to include this area in the district. Ms. Coleman responded to questions about her address. Commissioner Tool discussed issues associated with splitting Fort Collins.

03:50 PM -- Mr. William Russell, representing himself, suggested that House districts 52 and 53 in Fort Collins are serving the city well, and spoke in favor of keeping the current east-west alignment. Discussion ensued regarding population changes in these districts. Mr. Russell discussed ways to redraw the districts to meet the population requirements. Mr. Russell responded to questions regarding the merits of dividing districts 52 and 53 along Highway 287, and the current political affiliation of the representatives of these districts. Commissioner Tool provided some historical background on the shapes of these two districts in past decades. Discussion followed regarding the south side of Fort Collins.

04:00 PM --
Ms. Nancy Tellez, representing herself, discussed the political competitiveness in the Fort Collins House districts, and the characteristics that define House districts 52 and 53. Ms. Tellez also spoke in favor of the compactness of these two districts, and discussed growing House District 52 to the north and west. Ms. Tellez responded to questions regarding the competitiveness of House District 53. Commissioner Tool discussed the representation voter registration of the two districts.

04:07 PM --
Ms. Jill Sanford, representing herself, discussed the communities of interest in House districts 52 and 53, and spoke against dividing Fort Collins on a north-south basis. In response to questions, Ms. Sanford discussed the characteristics defining different areas in Fort Collins. Discussion ensued about the fact that the representatives of both House District 52 and House District 53 reside west of College Avenue in Fort Collins.

04:13 PM --
Mr. Bob Massaro, representing himself, suggested that Berthoud be added to House District 51, and explained the benefits of adding this area to the district. Mr. Massaro explained that the people of eastern Larimer County may not be properly represented. Discussion ensued regarding the current population of House District 51, and how best to change the district borders to meet the population requirement. Discussion followed regarding identifying entities, including political parties, that witnesses represent. Commissioner Witwer discussed public input received by e-mail speaking to a redistricting plan that had not been created. Ms. Coleman returned to voice her reason for engaging in the political process.

04:28 PM --
Ms. Ann Harroun, representing herself, testified regarding the Loveland area. Ms. Harroun discussed the creation of an open space area between Fort Collins and Loveland, and supported the separation of the two cities for the purposes of redistricting. Ms. Harroun also suggested combining Berthoud and Loveland in a House district if the population requirement can be met. Discussion ensued regarding the shape of House District 49, and the potential for the City of Windsor to dominate the district by population.

04:33 PM --
Ms. Ann Wilseck, representing herself, discussed the benefits of keeping Front Range Community College and Colorado State University in the same district. Ms. Wilseck also discussed the character of House District 49. Ms. Wilseck pointed out the location of the community college. Discussion ensued regarding the naming of Front Range Community College.

04:38 PM --
Ms. Gaythia Weis, representing herself, explained that House District 49 is an unworkable district in its current form, and discussed ways to reconfigure District 49 and surrounding districts. Ms. Weis discussed the wisdom of aligning districts along watersheds. Discussion ensued regarding the population of Windsor and representation of House District 49. Discussion followed regarding the potential for moving Windsor into another district.

04:44 PM --
Ms. Jeri Shepherd, representing herself, discussed the negative effects on communities to the northeast of Greeley if Greeley is united in a single district. Ms. Shepherd provided her preference among a choice between a House district wholly within Greeley and a district with a higher Hispanic population that splits Greeley. Discussion ensued regarding the potential for the federal Voting Rights Act to make a district with a large minority population take precedent in the order of redistricting criteria.

04:51 PM --
State Representative Glenn Vaad provided his background and discussed the projected population growth of Larimer and Weld counties in the coming decades. Representative Vaad discussed the heavy use of Interstate 25 as a regional transportation connection, and efforts to ensure that transportation issues are addressed as the regional population grows. Discussion ensued regarding population growth along Interstate 76 in Weld County. Representative Vaad responded to questions regarding how best to reduce the population of House District 48 to meet the population requirement.

04:58 PM -- Senator Scott Renfroe discussed the current division of Ames Community College and the University of Northern Colorado between two House districts, and the potential for uniting these two institutions in a single district. Senator Renfroe also discussed population growth patterns in the Northern Tier, and the benefits of keeping eastern Weld County in a single Senate district since it is a site of increased natural gas exploration. Senator Renfroe responded to questions about issues associated with gas exploration activity in this area. Senator Renfroe responded to questions about the growth of the Latino population in his Senate district, and issues affecting this population in this district.

A number of written comments from the public received by e-mail were entered into the public record (Attachment P).

Attachment P.pdf


05:08 PM -- Other Business

The commission discussed the potential for splitting the July 11th meeting into two days, since the two regions being covered for testimony account for a large percentage of the state's population. The commission discussed its options for accommodating testimony in one day, and the agenda for the July 11th meeting. Mr. Barry provided input on the suggestion that the commission consider maps first, then consider testimony from regions other than regions 6 and 7, and then entertain testimony on these two regions. Discussion followed regarding the benefits of hearing testimony from those residing in regions for which plans have already been adopted. The commission elected to hear testimony from regions 6 and 7 on July 11th. The commission then discussed its mapping deadlines.


05:18 PM

The commission adjourned.