Final
STAFF SUMMARY OF MEETING

COLORADO REAPPORTIONMENT COMMISSION

Date:05/31/2011
ATTENDANCE
Time:11:00 AM to 02:03 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
Jessika Shipley
Witwer
X
Webb
X
Carrera
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Report on Retention of Outside Counsel
Additional Information on Communities of Interest
Discussion of Regions and Sequencing of Hearings
Discussion of Meetings and Travel Schedule
Public Testimony - Region 1
Discussion and Adoption of Draft RFP
Commission Discussion Only
Discussion and Assignment of Counties to Regions 4, 5, and 6
Discussion and Adoption of Proposed Meeting Schedule
Witness Testimony and/or Commission 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.

11:00 AM -- Report on Retention of Outside Counsel

Commissioner Carrera called the meeting to order. Commissioner Atencio explained that she and Commissioner Nicolais have put together a draft request for proposals (RFP) for the purpose of obtaining outside legal counsel. The draft RFP was distributed to the commission (Attachment A). She discussed the RFP and the billings from the legal counsel retained by the 2001 Colorado Reapportionment Commission. She asked for guidance from the commission in handling the RFP process and discussed a few options. She stated her opinion that the commission should make an immediate decision about the scope of the work for which legal counsel should be retained. Discussion ensued about whether to retain counsel only for litigation purposes or for assistance with all work undertaken by the commission. Commissioner Nicolais asked for information from Jeremiah Barry, commission staff director, regarding the use of counsel by past reapportionment commissions. Mr. Barry commented about past commissions' use of outside counsel, based on conversations he had with the staff director of the 1991 and 2001 commissions.

Attachment A.pdf

11:12 AM

The commission continued to discuss the benefits of retaining legal counsel for assistance throughout the entire redistricting process. Commissioner Atencio further explained the provisions included in the draft RFP. Commissioner Nicolais expressed some concern about the possibility of being overly influenced or directed by outside counsel. Commissioner Salazar asked for Mr. Barry's opinion about the role of the commission staff and how that might differ from the role of outside legal counsel. The commission returned to the discussion of how prior commissions have used the services of outside counsel. Commissioner Nicolais discussed the qualifications an attorney should have to act as legal counsel to the commission, depending on the scope of the work the commission chooses to assign to such counsel. Discussion ensued about such qualifications.
BILL:Report on Retention of Outside Counsel
TIME: 11:29:47 AM
MOVED:Carroll
MOTION:WITHDRAWN: Adopt the draft request for proposals (Attachment A). Commissioner Jones asked for clarification in the language of the RFP with regard to submitting the commission's plan to the Colorado Supreme Court. The commission discussed adding further provisions to the RFP. The motion was withdrawn and a substitute motion was made (see below).
SECONDED:Salazar
VOTE
Atencio
Berry
Carroll
Jones
Loevy
Nicolais
Salazar
Tool
Witwer
Webb
Carrera
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

11:30 AM

In response to Commissioner Jones' concern about the clarity of the draft RFP with respect to the role of outside counsel in presenting the commission's plan to the Colorado Supreme Court, the commission discussed the task for which legal counsel could be responsible. It was clarified that the Attorney General's Office would be responsible for defending the plan after it is approved by the Supreme Court, in the event that the plan is later challenged.

BILL:Report on Retention of Outside Counsel
TIME: 11:31:25 AM
MOVED:Carroll
MOTION:Adopt the draft RFP (Attachment A) and allow changes or clarifications to be made as needed. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Atencio
Yes
Berry
Yes
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
Yes
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:33 AM

The commission decided to have Commissioners Atencio and Nicolais sort through the applications that are submitted in response to the RFP and report back to the commission.


11:34 AM -- Additional Information on Communities of Interest

Commissioner Carrera welcomed Troy Bratton and Kate Watkins, representing the commission staff. Mr. Bratton briefly discussed the packet of maps given to the commission addressing communities of interest (Attachment B). Ms. Watkins talked about the thematic maps in the packet in more detail. She commented that staff is able to provide further explanation or additional maps at the request of the commission.

Attachment B.pdf

11:39 AM

Commissioner Carroll asked for additional explanation about the thematic maps that address African-American population. Mr. Bratton discussed the possibility of drawing minority-majority districts.


11:41 AM -- Discussion of Regions and Sequencing of Hearings

Commissioner Salazar thanked the commission for considering his recommendations for the assignment of counties to Regions 1, 2, and 3. He suggested assigning the following counties to Region 4: El Paso, Douglas, Park, Teller, Fremont, and Custer. For Region 5, he suggested assigning Larimer and Weld counties, due to their common interests. Region 6 would consist of Boulder, Broomfield, Clear Creek, Gilpin, Jefferson, and Adams counties. Finally, Region 7 would be Denver and Arapahoe counties. The commission discussed the merits of these assignments at length, focusing on issues such as common interests among counties and the desire to create regions with a somewhat equal population distribution.

BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:02:23 PM
MOVED:Salazar
MOTION:Assign Park, Fremont, Custer, Teller, El Paso, and Douglas counties as Region 4 for the purposes of redistricting. The motion passed on a vote of 7-4.
SECONDED:Jones
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:Discussion of Regions and Sequencing of Hearings
TIME: 11:45:03 AM
MOVED:Witwer
MOTION:WITHDRAWN: SUBSTITUTE MOTION: Assign Custer, Fremont, Teller, Park, Clear Creek, and Gilpin counties to Region 4 for the purposes of redistricting. The motion was withdrawn.
SECONDED:
VOTE
Atencio
Berry
Carroll
Jones
Loevy
Nicolais
Salazar
Tool
Witwer
Webb
Carrera
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:14:32 PM
MOVED:Salazar
MOTION:Assign Larimer and Weld counties as Region 5 for the purposes of redistricting. The motion passed on a vote of 10-1.
SECONDED:Tool
VOTE
Atencio
Yes
Berry
Yes
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
No
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:12:17 PM
MOVED:Nicolais
MOTION:SUBSTITUTE MOTION: Assign Larimer, Weld, Boulder, Broomfield, Gilpin, and Clear Creek counties as Region 5 for the purposes of redistricting. The motion died for lack of a second.
SECONDED:
VOTE
Atencio
Berry
Carroll
Jones
Loevy
Nicolais
Salazar
Tool
Witwer
Webb
Carrera
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

12:15 PM

The commission recessed for lunch.

12:42 PM

The meeting came back to order. The commission continued its discussion of the merits of the region assignments suggested by Commissioner Salazar.

BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:53:20 PM
MOVED:Salazar
MOTION:Assign Broomfield, Boulder, Jefferson, Clear Creek, Gilpin, and Adams counties to Region 6 for the purposes of redistricting. The motion was amended to remove Clear Creek and Gilpin counties. The amended motion passed on a vote of 9-2.
SECONDED:Jones
VOTE
Atencio
Yes
Berry
No
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
No
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:56:15 PM
MOVED:Salazar
MOTION:Reconsider the motion to assign counties to Region 4. The motion to reconsider passed on a vote of 10-1.
SECONDED:Webb
VOTE
Atencio
Yes
Berry
Yes
Carroll
No
Jones
Yes
Loevy
Yes
Nicolais
Yes
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:57:24 PM
MOVED:Salazar
MOTION:Assign Park, Fremont, Custer, Teller, El Paso, Clear Creek, Gilpin, and Douglas counties as Region 4 for the purposes of redistricting. The motion passed on a vote of 10-1.
SECONDED:Webb
VOTE
Atencio
Yes
Berry
Yes
Carroll
No
Jones
Yes
Loevy
Yes
Nicolais
Yes
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:Discussion of Regions and Sequencing of Hearings
TIME: 12:58:30 PM
MOVED:Salazar
MOTION:Assign Denver and Arapahoe counties to Region 7 for the purposes of redistricting. The motion passed on a vote of 11-0.
SECONDED:Webb
VOTE
Atencio
Yes
Berry
Yes
Carroll
Yes
Jones
Yes
Loevy
Yes
Nicolais
Yes
Salazar
Yes
Tool
Yes
Witwer
Yes
Webb
Yes
Carrera
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:00 PM

The commission decided to label Region 1 Southern Colorado instead of the San Luis Valley, in an effort to be more precise. Commissioner Jones asked staff to revise the policy on presentations of proposed redistricting plans and the use of commission staff (Attachment C) to reflect that staff will only draw staff plans for the first two regions unless specifically directed to do more.

Attachment C.pdf

01:03 PM -- Discussion of Meetings and Travel Schedule

Mr. Barry came to the table to discuss the proposed schedule of meetings that he distributed to the commission (Attachment D). The commission discussed the possibility of taking the week of July 4 off due to the likelihood that many people will not be willing to travel to Denver on the day after a holiday. Mr. Barry expressed concerns about taking a week off in light of the fact that the commission assigned seven regions instead of the six that were originally proposed.

Attachment D.pdf
BILL:Discussion of Meetings and Travel Schedule
TIME: 01:12:10 PM
MOVED:Carroll
MOTION:Adopt the proposed schedule of meetings as submitted (Attachment D). The motion passed without objection.
SECONDED:Webb
VOTE
Atencio
Berry
Carroll
Jones
Loevy
Nicolais
Salazar
Tool
Witwer
Webb
Carrera
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:13 PM

Mr. Barry asked the commissioners to submit information about their availability in August in order to begin setting a schedule for travel around the state. Commissioner Jones asked for information about the sequencing of hearings held by the 1991 and 2001 commissions. Discussion ensued. Mr. Barry agreed to provide such information to the commission in advance of the next meeting.


01:20 PM -- Public Testimony - Region 1

Commissioner Carrera read a prepared statement about the importance of public input in the redistricting process. His statement addressed the process to be followed by the commission.

01:22 PM --
Ron Greenwell, representing himself, spoke about his experience as a long-time Pueblo resident. Mr. Greenwell's family is from the San Luis Valley. He discussed the common Hispanic culture in the San Luis Valley, the city of Pueblo, and Huerfano and Las Animas counties. He asked the commission to maximize the Hispanic populations in the districts of Region One. He expressed his opinion that splitting the city of Pueblo along east-west lines is the best way to draw districts there. He stated that areas of Pueblo County that are outside of the city of Pueblo should be connected to other rural communities.

01:28 PM

The commission discussed the current House District 62, which needs to gain population according to 2010 census data. Mr. Greenwell talked about the boundaries of House District 62.

01:34 PM --
Theresa Trujillo, representing Colorado Progressive Action, discussed her work in low-income communities and low-income communities of color. Ms. Trujillo expressed her opinion that legislative districts need to be maximized in order to reflect and serve the interests of the communities in Region One. In Ms. Trujillo's opinion, there should be no more than three House districts in Pueblo County. She suggested that House District 46 should encompass only the city of Pueblo and House District 47 should be the rural areas surrounding the city of Pueblo. She stated that House District 60 should be moved out of Pueblo County completely. In response to questions from the commission, Ms. Trujillo discussed the Senate districts in Region One.

01:43 PM --
Senator Angela Giron, representing Senate District 3, read letters from three of her constituents (Attachments E and F, respectively).

Attachment E.pdf Attachment F.pdf

01:51 PM --
Kevin Bradley, representing the Fremont County Democrats, testified about House Districts 47 and 60. Mr. Bradley insisted that keeping counties whole is critical. He spoke about the fact that no state legislators live in Fremont County. He discussed the differences between Fremont, Pueblo, and El Paso counties. He talked about the correctional facilities in Fremont County. In response to questions from the commission, Mr. Bradley expressed his opinion that House District 62 should add population from Chaffee or Custer counties, which have more in common with Fremont County than with Pueblo County.

01:57 PM --
Mr. Tom Berry, representing the Fremont County Democrats, discussed the fragmentation of Fremont County among multiple House districts. Mr. Berry discussed the potential for stretching House District 21 into Pueblo County, allowing Fremont County to remain whole within a district that includes counties to the west. Mr. Berry responded to questions regarding his proposal, and why he believes it is advantageous to separate Fremont County from Pueblo. Mr. Berry responded to additional questions about the movement of residents from El Paso County into northern Fremont County.


02:03 PM

The commission adjourned.