14-PROPOSAL FOR CITY MANAGER TO ENTER INTO AGREEMENT WITH OUTSIDE CONSULTANT FOR REDISTRICTING ANALYSISCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originadng Department:
Presented By:
Agenda Item No.:
03/04/10
Council Date:
lnterim City Manager
Gene Anderson
14.
03/14/10
RECOMMENDED MOTION:
Move to approve a Resolution authorizing the City Manager to enter into an Agreement with an outside
consultant for redistricting analysis and services; and authorizing the City Manager to negotiate and
execute all necessary documents.
PoLicY IssuE(s):
Redistricting
BACKGROUND:
Following every decennial census, all political jurisdictions are required substantiate their existing
electoral district boundaries or make adjustments to accommodate demographic changes since the last
census. Census data for use in redistricting was released this month and the redistricting process has to
be completed by 2012. Proposals from Allison, Bass, & Associates and Gwinn & Morrison have been
received by the City. Calls to prior clients of both firms revealed no complaints on their prior services.
The Staff is requesting that the Council select the firm they wish to use for this service.
BOARDICOMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, Agreement, Faculty profiles for Allison Bass, and Gwinn and Morrison
ACI'ION:
BUDGET INFO:
❑ Financial Report ❑
Minute Order
Expense
$
❑ Department Report E
Resolution
Budgeted Amt
$
❑ Presentation ❑ Ordinance
y'i'D Actual
$
❑ Public Hearing ❑ Other
A,cct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
ZAdministrtration ECity Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development
❑ Finance ❑ Fire ❑ Municipal Court 0 Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
Citv of Paris Revised 2/04/08
175
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH A REDISTRICTING CONSULTANT TO ANALYZE THE 2010 CENSUS
DATE AND TO ASSIST THE CITY WITH REDISTRICTING IF NECESSARY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Census Bureau, State and Federal Law and Section 8 of
the City Charter require the determination of whether redistricting is necessary based on
the 2010 census data; and,
WHEREAS, the City Council has received a proposal from
to perform redistricting analysis and to prepare a redistricting plan for the City to be
submitted for Justice Department review; and,
WHEREAS, the City Council hereby find and determines that it is in the best interest
of the City of Paris, Texas and its citizens to enter into an Agreement with
to perform Redistricting Analysis and development of a redistricting plan for the Ciry of
Paris, a copy of said Agreement is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The City Manager be, and he is hereby authorized to enter into an
Agreement with for 2010 Census Analysis and Redistricting
Services, a substantial copy of said Agreement being attached hereto as Exhibit A.
Section 3. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 28th day of March, 2011.
Will Biard, Mayor
176
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcilyar, City Attorney
177
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH A REDISTRICTING CONSULTANT TO ANALYZE THE 2010 CENSUS
DATE AND TO ASSIST THE CITY WITH REDISTRICTING IF NECESSARY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Census Bureau, State and Federal Law and Section 8 of
the City Charter require the determination of whether redistricting is necessary based on
the 2010 census data; and,
WHEREAS, the City Council has received a proposal from
to perform redistricting analysis and to prepare a redistricting plan for the City to be
submitted for Justice Department review; and,
WHEREAS, the City Council hereby find and determines that it is in the best interest
of the City of Paris, Texas and its citizens to enter into an Agreement with
to perform Redistricting Analysis and development of a redistricting plan for the City of
Paris, a copy of said Agreement is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section Z. The City Manager be, and he is hereby authorized to enter into an
Agreement with for 2010 Census Analysis and Redistricting
Services, a substantial copy of said Agreement being attached hereto as Exhibit A.
Section 3. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 28th day of March, 2011.
Will Biard, Mayor
176
ATTEST:
]anice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcllyar, City Attorney
177
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
WHEREAS, under the provisions of the Texas Constitution and federal law, the
governing body of a political entity with members elected from single member districts is
responsible for the division of the political entity into precincts, districts or wards, and to conduct
periodic reapportionment of such wards to accomplish fair representation and one-person-one-
vote balance; and
WHEREAS, the apportionment of the population of the political entity must comply with
state and federal statutory requirements; and
WHEREAS, professional assistance will assure that the obligations imposed by state and
federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and
WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all
necessary professional services to assist in this area;
Therefore, the City of Paris, acting by and through its City Council and Allison, Bass and
Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and
conditions:
Section 1: STANDARD SERVICES
A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully
complete all redistricting projects assigned by the lawful authority of the contracting
governmental entity. These services include, but are not limited to, the following:
Conduct preliminary planning and assembly of information useful and necessary
for the reapportionment of the contracting governmental entity and election
subdivisions of the jurisdiction related thereto.
2. Obtain preliminary population data from the U. S. Census Bureau for the 2010
federal census.
3. Prepare the necessary population and demographic analysis to evaluate existing
political boundaries of the contracting governmental entity to insure that the same
meet all legal requirements under State and Federal law, and to provide a written
report to the contracting governmental entity of all findings.
4. In the event existing political boundaries remain in compliance with state and
federal law without the necessity of reapportionment following the 2010 census,
the contracting governmental entity and Allison, Bass & Associates, L.L.P. will
conclude this agreement as provided in Section 2A below.
5. Should redistricting be legally required, Allison, Bass & Associates, L.L.P. will,
working in conjunction with the contracting governmental entity, prepare no less
than THREE (3) ALTERNATIVE REAPPORTIONMENT PLANS, draft maps,
. PageI l
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
EXHIBIT "A"
4 t'10
proposals and notices to satisfy all statutory and constitutional requirements, and
will be compensated as provided in Section 2B below.
6. Consult with the designated authority (either the governing body of the
contracting governmental entity, or any authorized citizens advisory committee)
as needed by mail, telephone, email or facsimile and no fewer than THREE
PHYSICAL APPEARANCES within the jurisdiction being reapportioned. These
appearances will include a preliminary workshop with the executive board of the
contracting governmental entity, and not less than two (2) meetings with the
designated authority.
7. Attend and participate in one or two PUBLIC HEARINGS on proposed
redistricting plans. The Public Hearings will be conducted after the designated
authority has made a recommendation to the contracting governmental entity, and
may be conducted on the same date in two different locations within the
jurisdiction being reapportioned.
8. After approval by the executive board of the contracting governmental
subdivision, prepare and file all necessary maps and other documentation to
complete submission to the U. S. Department of Justice for Preclearance under the
Voting Rights Act
9. Upon receipt of Preclearance from the Department of Justice, prepare and file all
necessary notice, maps and documentation with the appropriate Texas officials in
conformity with State law.
10. In the event litigation is required, Allison, Bass & Associates, L.L.P. will provide
such additional legal services and/or support as the parties may contract under
separate agreement.
B. The contracting governmental entity agrees to provide access to all necessary records and
personnel for this project and to fully cooperate with the Attorneys in this project.
Section 2: COMPENSATION
The contracting governmental entity agrees to compensate Allison, Bass & Associates,
LLP for its services as follows:
A. Initial Assessment:
Fee for preparing an Initial Assessment of existing political boundaries, including the
costs of obtaining suitable 2010 Census Data, is $1,500.00. The Initial Assessment fee is due
June 30, 2010.
Should the Initial Assessment indicate that the existing political boundaries for the
contracting governmental entity do not require redistricting under state and federal law, and that
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
Page12
173
no legal need exists for further reapportionment services, there will be no additional costs due
beyond the Initial Assessment fee.
B. Further Reapportionment Proceedings Required
Should the Initial Assessment indicate that the existing political boundaries for the
contracting governmental entity are unsuitable under state and federal law and services are
required for the reapportionment process the 2°d Installment of $5,500.00 will be due on
September 1, 2011.
Upon completion of the project, and submission of the plan adopted by the contracting
governmental entity to the United States Department of Justice, a final and 3`d Installment Fee of
$5,500.00 will be due on September 1, 2012.
C. Total Fixed Fee- NOTE: The Fixed fee does not include the cost of publication or
rrzailing of any notice that may be required by state or federal law. The contracting
local governmental entity will bear the cost of such publication or `nailing.
The total fixed fee for services is $12,500.00.
EXECUTED on this day of , 20
BY:
Title: Representative for the City of Paris
Allison, Bass & Associates, L.L.P.
BY:
James P. Allison or Robert T. Bass
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
Page13
1 180
ALLISON, BASS & ASSOCIATES, L.L.P.
JAMES P. ALLISON
j. allison@allison-bass. com
RosExT T. Bnss
r. bass@allison-bass.c om
Kevin Carruth
City of Paris Manager/Administrator
P.O. Box 9037
Paris, TX 75461-9037
Jesse James Freelen
Mayor, City of Paris
P.O. Box 9037
Paris, TX 75460-9037
RE: Reapportionment 2010
Dear City Official:
&xd"`eJa. ak Y.,&'
A. O. WATSON HOUSE
402 WEST 12T" STREET
AUSTIN, TEXAS 78701
law(q,)allison-bass. com
(512) 482-0701
FAX (512) 480-0902
April 21, 2010
VANESSA A. GONZALEZ
Roard CerNfied, La6or and Employment l,aw
Texas Board ojLegnl Specializa(ion
v.go nzalez@alI ison-bass. com
J. ERIC MAGEE
e. magee@alliso n-bass. co m
JANA CL[FT WILLIAMS
j.willia ms(a_)allison-ba ss. co m
We are presently contracted to perform redistricting services for Lamar County and
several other Texas counties. Several cities and school districts with single member districts
have requested that our firm submit a professional service proposal for redistricting their political
boundaries. We engaged in a similar program in 1990 and 2000 with considerable success. We
are pleased to submit this proposal to provide redistricting service to the City of Paris.
Redistricting requires a unique combination of legal and technical services. Our firm has
more than 75 years of combined experience in this field to assist you in the successful
completion of this task. Since 1978, lawyers in our firm have prepared plans and submissions
for more than 200 separate political subdivisions. We have successfully completed Department
of Justice submissions under Section 5 of the Voting Rights Act for City Councils and School
Boards in all parts of the state, along with many Commissioners Courts, Justice of the Peace
precincts, and other special districts. We have participated in statewide legislative redistricting
litigation, and have represented a range of local governmental units in litigation arising under the
Voting Rights Act.
With the exception of the cost of publication and/or mailing of required notices in local
newspapers, our fixed fee program assures that your local budget will not be adversely affected
by unexpected expense. Other firms may submit offers lower in initial costs but providing only
one hearing and one reapportionment plan. These proposals require additional fees for
alternative plans and additional public hearings. Our program provides three alternative plans for
no additional cost. Three fully developed plans, with complete maps, charts and analysis are
included in the Allison, Bass & Associates program.
In our experience, most cities, school boards, or special district boards prefer alternative
proposals to address the variety of interests that are involved in the reapportionment process.
.181
Our program provides these options without additional unbudgeted costs. Reasonable
reapportionment decisions require reasonable alternatives. Be aware that a lower priced program
may restrict the number of alternative plans you can consider.
If retained, we will prepare a comprehensive plan for the reapportionment process which
will insure that the City meets all requirements for timely preclearance by the United States
Department of Justice of a reapportionment plan for the City Council that is harmonious with
county created election precincts. Our program is comprehensive, and will include all necessary
services, as follows:
l. An initial "workshop" to explain the process to executive members of the governmental
subdivision, and any staff or support personnel to be involved in the work.
2. Drafting of redistricting criteria by which contending reapportionment plans will be
scored or judged. This preliminary work may be performed, with our assistance, by the
executive board of the political subdivision, i.e. the City Council or School Board, or by a
Citizens Committee appointed to assist the governing board. A citizens committee is
sometimes utilized to avoid politization of the reapportionment process, and to provide
additional input to the elected officials.
3. Drafting of all required multi-language legal notices, documents and supporting charts
and maps for all necessary hearings, procedures and submissions. Please note that the
Department of Justice has recently required more stringent evidence of compliance with
the minority language aspects of a submission. We will provide all required notices for
publication, and explicit instructions on publication requirements to comply with the
federal law. Please note that the cost of publication will be the responsibility of your
entity; such costs being outside our agreement.
4. Once the census data is released in early 2011, we will conduct an "Initial Assessment"
of your existing political boundaries to determine if these boundaries satisfy legal
requirements imposed by either constitutional or statutory requirements. For example,
the first assessment will determine whether the 2011 population with existing boundaries
remains within the "one-person-one-vote" constitutional standard. This standard
generally requires that each political boundary represented on the local government's
governing body be roughly equal in terms of population. Over time, populations grow,
decline, or shift unequally within the political boundaries of the local governmental
entity. This evaluation will include a written analysis of the population within your
present boundires.
5. If the Initial Assessment reveals a need for reapportionment, we will make that
determination and advise you of the need to redraw your political boundaries. If your
existing boundaries remain in compliance with state and federal law, you will not be
required to redraw your political boundaries. Our initial retainer of $1,500.00 will cover
the cost of the Initial Assessment.
6. Federal law requires that any change of political boundaries to address population
equality must also satisfy the Voting Rights Act, which requires that population
demographics be considered in the drafting of political boundaries to avoid adverse
impact upon minority populations. Finally, the structure of political boundaries must also
comply with applicable state law, which does not permit overlapping election precincts
.~_Oti
pertaining to commissioners court precincts, justice of the peace precincts, city wards in
some cities, and a variety of other state concerns regarding the administration of elections
within each affected political subdivision. Once again, we will guide you through this
complex process.
7. Drafting, either by working directly with the executive body of the governmental body,
or with a Citizens Committee appointed by the executive body, three alternative plans
that will satisfy federal law, at no additional costs. The three (3) fully developed plans,
with complete maps, charts and analysis are included in the Allison, Bass & Associates
program. Three alternative plans are normally sufficient to complete the process. Should
your needs require additional alternative plans beyond the three (3) contractual plans
provided for, we will quote you a"per plan" fee in advance upon request. This "per
plan" fee will include all maps, charts and analysis, in a similar format to those provided
under the original contract. Each additional plan beyond the minimum three (3), will be
developed at our cost, including cost of legal time, support staff, and
printing/reproduction costs.
8. Present the alternative plans in not less than one, but no more than two separate public
hearings conducted in suitable locations within the political jurisdiction being
reapportioned.
9. Following receipt of public comment, we will assist you in the consideration and
adoption of a final reapportionment plan, and subsequently prepare all necessary
documentation necessary to comply with state and federal law, including legal notice of
any hearing in which adoption of a plan will be considered, and the submission of all
necessary documents and supporting information necessary for submission of the adopted
plan to the United States Department of Justice for preclearance under the requirements
of the Voting Rights Act.
10. We will coordinate the implementation of the final adopted plan, once precleared, with
the Texas Secretary of State's office to comply with state law requirements.
11. We will work with your election coordinator/administrator to implement the resulting
voting plan for your jurisdiction and seek to coordinate your political boundaries with
other political jurisdictions.
In the unusual circumstance of litigation, we are available, under a separate contract, to
provide legal counsel, expert testimony, or other support through all phases of litigation
including appeal, if necessary, to the United States Supreme Court.
The cost of preparing and submitting a redistricting plan is dependent upon several
factors, including the complexity of the issues and, to a great extent, the degree to which all
interested parties are able to reach a consensus. While much of the initial public contact can be
performed locally, it is usually to the city's advantage if our firm participates in that process.
With our experience and state-of-the-art computerized mapping system, we can provide
immediate responses to citizen and interest group inquiries and proposals.
Most political subdivisions prefer our fixed fee program. We are providing you with a
contract that provides an initial retainer of $1,500.00. Should redistricting not be required, this
would be the total fee. If redistricting is required, and frankly, most jurisdictions are required to
183
redistrict every ten years, the remaining cost of our program will be billed in two installments to
be paid in the 2011 and 2012 budgets as provided in the contract.
Optionally, we would consider an hourly rate contract, with all time billed at a rate of
$250.00 per hour, plus all out of pocket expenses. Hourly rate contracts require a$5,000.00
initial retainer. This proposal will cover the same services, but might, under the proper
circumstances provide some savings. By the same token, if there are complications, the hourly
rate plan might actually incur more expense than the fixed fee agreement. If you would prefer
the hourly rate contract, please let us know.
As attested from our past projects, we have the experience and expertise to successfully
assist cities in this difficult and complex process. We appreciate your interest in our firm and we
would be pleased to have the opportunity to assist in this project.
Sincerely, Sincerelv,
v - -
James P. Allison Robert T. Bass
RTB/slc
Enclosure: Contract for Professional Services
1_g4
GUINN & MORRISON
ATTORNEYS
David M. Guinn P.O. Box 97012
Michael D. Morrison Waco, TX 76798
December 3, 2010
Proposal for redistricting services to the City of Paris, Texas
If retained, the firm of Guinn and Morrison would perform the following:
l. Determination of whether redistricting is necessary under either Federal or Texas Law will be
within 60 days of the availability of 2010 census data.
2. Completion of all redistricting services necessary to submit a final proposed plan for preclearance
by the Department of Justice based upon 2010 census data. The attorneys working on the redistricting
will be David Guinn and Michael Morrison.
3. If it is determined that redistricting is necessary, the firm will be responsible for the preparation of
the new redistricting plan that will comport with Texas and federal legal requirements. The firm will
work with the City to prepare draft plans for its consideration and evaluate any alternate plans
submitted to or considered by the City. Additionally, the firm will provide or work with staff to
provide all maps and tabular data needed by the Justice Department and the Texas Secretary of State's
office. As part of the process, Guinn and Morrison will conduct public hearings and prepare and
submit to the United States Department of Justice, Civil Rights Division, Voting Rights Section all
documentation required by Section 5 of the Voting Rights Act. We will monitor and advise the City
of the progress of the redistricting submission throughout during the preclearance process at the
Justice Department.
4. Oversee the preclearance process for the duration of the Justice Department's review. In several
hundred redistricting submissions to the Department of Justice no plan we've submitted has been
objected to.
We work from a$5,000 retainer due within 30 days of acceptance of this proposal and on an hourly rate of
$300.00 for attorney time and $75.00 for staff time, each to be billed in quarter-hour increments. Payment
of the fee may be made as follows: 50% from the City's 2010-11 budget and the remaining 50% during
the 2011-2012 fiscal year within 30 days from receipt of a final statement. All direct expenses will be
billed at cost as they are incurred with payment due upon receipt. The retainer will cover the fee and
expenses related to the demographic studies necessary to determine whether redistricting is legally
required.
ALTERNATE EXHIBIT "A"
3_ 8 111;
We estimate that the total fee will be in the $25,000 range unless unexpected problems arise. If the City
prefers, a flat fee arrangement can be negotiated. Expenses are unlikely to exceed $1,500 to $2,000.
Pre-clearance under the Voting Rights Act is traditionally secured through the administrative process of
submission to the Attorney General; however, judicial pre-clearance in the courts of the District of
Columbia is available as an alternative.
I have included a retainer statement for the City's use if the decision is made to retain our services.
Let us know if you have any questions.
Cordially,
/S/ Michael D. Morrison, Partner
Attachments:
Retainer statement
Draft redistricting timeline
Firm and Partner resumes
186
Retainer Statement
December 3, 2010
City of Paris, Texas
Redistricting Services
Guinn & Morrison
One Bear Place 97012
Waco, Texas 76798-7012
Federal Tax ID # 74-2178619
Retainer
THANK YOU
187
$5,000.00
GUINN AND MORRISON
Draft Timeline
January-February Appointment of a citizens' advisory committee appropriately
representative of the governmental entity as a whole;
February-March -Census numbers expected;
-Existing plan analyzed against the 2010 census data;
March-April -G&M to meet with the City to discuss the impact of the
census and to receive direction;
April-May
-G&M works with City and Citizens Advisory Committee on
proposed plans of redistricting;
June
-Committee reports its recommendation(s);
"
draft
-City advises G&M of its desires regarding a"final
plan to present to the public;
June-July
-G&M conducts public hearings to receive comment;
July-August
-Final redistricting plan approved by City;
-Section 5 submission documentation completed;
-The July - August schedule is dependent on the County's
progress with its own redistricting which is, in turn, impacted
by the legislature's progress.
September 1- 15
Submission of the redistricting plan and supporting data
made to the Attorney General, Civil Rights Division, Voting
Rights Section;
November 1- 15
-Action letter from the Attorney General either making no
objection or requesting more information (We have never
received an objection);
188
FIRM RESUME
David Guinn and Michael Morrison have been actively involved in voting rights matters and federal
litigation since 1978 and have represented over 70 political subdivisions including cities, counties, school
districts, and junior college and hospital districts as well as the State of TeYas in voting rights and
redistricting matters.
Representative Clients:
Statewide:
l. The Lt. Governor and the Texas Senate Jurisprudence Committee through all special sessions and
public hearings on Congressional redistricting following the 2000 census.
2. The Texas Legislative Council throughout the process of redistricting Texas House, Senate,
Congressional and State Board of Education redistricting following the 1990 census.
3. The Texas Secretary of State's Office in the Texas House and Senate redistricting lawsuit in federal
district court in Dallas and the Secretary of State and the Governor in the federal lawsuit in Austin
following the 1980 census.
Local Governments:
Counties: McLennan,* Bosque,* Harrison, Bell,* Coryell,* Crane,* Ellis,* Milam, Hall, Tom Green,
Wichita,* Montague, Clay,* Nolan,* Johnson,* Hill,* Navarro,* Falls,* Collingsworth, Bee, Freestone,*
Limestone,* Calhoun,* Brazoria,* Atascosa,* Titus, Hunt, Liberty, Hardin, Comanche,* Comal,*
Grayson,* Montgomery,* Madison, Randall, Somervell, Tyler, and Polk*;
Cities: Alvin,* Bellmead,* Mexia, Crane,* Cleburne,* Hillsboro,* Ennis, New Braunfels,* Cameron,
Sweetwater,* Wichita Falls,* Port Lavaca, Rosebud, Killeen, Pleasanton, Colorado City, Burkburnett,
Freeport,* Keene, Marlin,* Clute, and Beeville;
Texas School Districts including: Waco,* LaVega,* Hillsboro,* Moody, Marlin,* Sweetwater,*
Cleburne,* Colorado,* Wichita,* Crane,* Killeen, Mexia, Brazosport, Belton,* Groesbeck, and
Lubbock. *
Arkansas School districts: Arkadelphia, Camden, Dollarway, El Dorado, Hughes, Magnolia, Monticello,
Pine Bluff and Warren.
Misc: Nolan County Hospital District,* McLennan County College District,* Bulverde Library District,
and the BexarMet Water District.
In over 30 years of redistricting experience, David Guinn and Mike Morrison have made several hundred
Section 5 submissions to the United States Attorney General under the Voting Rights Act. Additionally,
they both speak regularly on redistricting across Texas.
* Clients represented in two or more decades of separate census counts.
1 R q
David Guinn
EDUCATION:
Baylor B.A., Political Science; J.D., (1963) ibid; LL.M., U. of Michigan (1966)
CAREER:
Employed by the Securities and Exchange Commission (1963-65),
Master Teacher and Lyndon L. Olson and William A. Olson Chair of Local Government and
Constitutional Law. (1966 - )
Helped draft the Texas Administrative Procedures Act,
Service on numerous advisory bodies in the State Bar.
Teaches in the area of constitutional law, civil rights and local government.
BAR MEMBERSHIPS:
State: Texas
Federal: United States Supreme Court; United States Court of Appeals for the Fifth Circuit; W.D.TX.
REPRESENTATIVE WRITINGS:
Redistricting in 2001 and Beyond: Navigating the Narrow Channel Between the Equal Protection Clause
and the Voting Rights Act, David M. Guinn, Christopher W. Chapman and Kathryn S. Knechtel, Baylor
Law Review, 1999, Volume 51, Number 2;
Redistricting, 19 County Government and You, 1, 2000, published by The Institute of County Government
at Texas A&M--Texas Agricultural Extension Service, with Morrison;
Legislative Changes Affecting Redistricting, 56 Texas County Progress Journal 13, July 1981, with
Morrison;
Reapportionment...A Conundrum, 57 Texas County Progress Journal9, July 1980, with Momson;
Malapportionment, TRed Alert, Vol. l, No. 2, at 11, January 1991;
Redistricting. . . , 67 Texas County Progress Journal 16, August 1990;
Miller v. Johnson: Redistricting and the Elusive Search for a Safe Harbor, David M. Guinn and Paul C.
Sewell, Baylor Law Review, Fall 1995, Volume 47, Number 4
REPRESENTATIVE PRESENTATIONS:
Speaker, Redistricting, Opening General Session of the 43d Annual County Judges and Commissioners -
Continuing Education Conference and Educational Exposition, College Station, Texas, February 7, 2001;
Speaker, United States Census 2000 and Redistricting, 42°d Annual County Judges and Commissioners
Continuing Education Conference and Educational Exposition, College Station, Texas, February 9, 2000;
Speaker, Preparing for the 2000 Census, Texas Municipal League Annual Meeting, 1999;
Presentation on Preparing for Year 2000 Census,@ 415Y Annual County Judges and Commissioners'
Continuing Education Conference, College Station, Texas, February 25, 1998;
190
Lobbying and Ethics in the 90's, State Bar of Texas M.C.L.E. Program, Austin, Texas, November 29-30,
1990; Judicial Redistricting, Texas Appellate Courts' Chief Justices' Meeting, January 25, 1990, with Morrison;
The Legal Requirements Faced by Texas County Government Under the Voting Rights Act, State of Texas
County Judges Association Annual Meeting, Address on October, 1980;
Redistricting--The Constitutional and Statutory Obligations, County Judges' and Commissioners'
Association of Texas 1989 Annual Conference, Houston, Texas, October 16, 1989;
Federal Redistricting Requirements For Counties, 32d Annual County Judges and Commissioners'
Conference, Texas A& M University, January 25, 1990, with Morrison.
191
Michael Morrison
EDUCATION:
-J.D., Oklahoma University School of Law (1974); Oklahoma Bar Association Award as the Outstanding
Law Student at the University of Oklahoma for 1974. Order of the Coif; Oklahoma Law Review, Note
Editor; and President of the Student Bar Association.
-B.A. in Psychology with High Honors, Oklahoma University (1971); Phi Beta Kappa, 1972.
CAREER:
-Jo Murphy Chair and Director of International Education, Baylor University (2007- )
-Chief of Staff to the President, Baylor University (2005-2006)
-William J. Boswell Chair of Law, Baylor University (1990 to present); Professor of Law (1982-90);
Associate Professor (1980-82), Assistant Professor (1977-1980).
-Texas Association of Defense Council recognition resolution for "Contributions to the Profession." 2001;
-Baylor University Outstanding Professor Award, 1997;
-Fellow, American Bar Foundation (1989 to present);
-Fellow, Texas Bar Foundation (1988 to present);
-Texas Bar Foundation Outstanding Journal Article Award of 1986;
-Involved in the redistricting of statewide and local governmental entities since 1978. Hired by the Lt.
Governor of Texas to serve as Legal Advisor to the Senate Jurisprudence Committee in preparing and
conducting Congressional Redistricting during three special legislative sessions from July through October
2003; Consultant to the Texas Legislative Council for the State of Texas' 1991 redistricting process; and
represented the Texas Secretary of State's office during the 1981 statewide redistricting litigation.
-Assistant Directar of the Law Center, Oklahoma University School of Law (1975-77).
-Private practice of law in Wichita, Kansas (1974-1975).
BAR MEMBERSHIPS:
-State: Oklahoma (1975); Kansas (1975); Texas (1981).
-Federal: United States Supreme Court (1979); United States Court of Appeals for the Fifth Circuit (1980);
E.D.TX. (1983); N.D.TX. (1983); S.D.TX. (1983); W.D.TX. (1980); W.D.OK. (1975).
ACTIVITIES:
-Association for Good Government, Board of Directors and President Elect;
-Moderator of the Waco Leadership Forum, 2005
-Mayor, City of Waco, Texas, 1996-2000; re-elected with 86% of the vote 1998-2000.
-Member, Waco City Council for District III, 1994-96.
-Secretary/Treasurer, Heart of Texas Housing Finance Corporation, 2000-2002.
-Member, Board of Directors, Heart of Texas Housing Finance Corporation, 2000-2002.
Vice President, 2004 - 2005.
-Public Policy Fellow of the Center for Public Policy Dispute Resolution at the University of Texas School
of Law, Class of 2000.
-Chair, Texas Municipal League Legislative Committee on Finance and Administration, 1998-99.
-Chairman, Central Texas Community of Cities, 1996-2000.
-Chair, Waco/McLennan County Metropolitan Planning Organization, 1997-1999, Vice-Chair, 1996-97
-Member, Texas Attorney General's Municipal Advisory Committee, 1996-97.
-Member, Board of Directors of Heart of Texas Council of Governments 1995- .
-Member, Advisary Council of Local Leaders of Texas State Technical College, Waco campus, 1995- 2000.
-Member, Board of Directors, Economic Opportunities Advancement Corporation, Planning Region XI
1994-95.
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-Member, United States District Court for the Western District, Waco Division, Standing Committee on
Alternative Dispute Resolution, 1994- , Chair 1994-98.
REPRESENTATIVE WRI'TINGS:
-Redistricting, 19 County Government and You, l, 2000, published by The Institute of County Government
at Texas A&M--Texas Agricultural Extension Service, with Guinn.
-Malapportionment, TRed Alert, Vol. l, No. 2, at 11, January 1991.
-Redistricting..., 67 Texas County Progress Journal 16, August 1990.
-Drafted Revised City of Waco, Texas Charter, 1986-87, with McSwain.
-Legislative Changes Affecting Redistricting, 56 Texas County Progress Journal, 13, July 1981, with Guinn.
-Reapportionment...A Conundrum, 57 Texas County Progress Journal, 9, July 1980, with Guinn.
REPRESENTATIVE PRESENTATIONS:
-Presentation to newly elected local government officials on the Fundamentals of City Council Service,
Heart of Texas Council of Governments Elected Officials Workshop, August 11, 2008.
-Current Developments in Immigration and Homeland Security, Baylor Institute for Learning, October,
2006.
-Fundamentals of City Council Service, Heart of Texas Council of Governments Elected Officials
Workshop, August 11, 2006.
-Citizenship by Ascription and Naturalization, Baylor Institute for Learning, February 6, 2006.
-Dual Citizenship, De-Naturalization and Expatriation, Baylor Institute for Learning, February 13, 2006.
-Employment Based and Family Sponsored Immigration and Nonimmigrant Admission, Baylor Institute for
Learning, February 20, 2006.
-Developing a City Council Team, Heart of Texas Council of Governments Elected Officials Workshop,
Waco, August 11, 2005.
-Speaker, The City Council: Policy Development and Procedures, Heart of Texas Council of Governments
Elected Officials Workshop, Waco, June 6, 2002.
-Speaker, Redistricting, Opening General Session of the 43d Annual County Judges and Commissioners -
Continuing Education Conference and Educational Exposition, College Station, Texas, February 7,
2001.
-Speaker, United States Census 2000 and Redistricting, 42°d Annual County Judges and Commissioners
Continuing Education Conference and Educational Exposition, College Station, Texas, February 9,
2000.
-Speaker, Preparing for the 2000 Census, Texas Municipal League Annual Meeting, 1999.
-Presentation on Preparing for Year 2000 Census, 41S` Annual County Judges and Commissioners'
Continuing Education Conference, College Station, Texas, February 25, 1998.
-Lobbying and Ethics in the 90's, State Bar of Texas M.C.L.E. Program, Austin, Texas, November 29-30,
1990. -
-Judicial Redistricting, Texas Appellate Courts' Chief Justices' Meeting, January 25, 1990, with Guinn.
-Federal Redistricting Requirements For Counties, 32d Annual County Judges and Commissioners'
Conference, Texas A&M University, January 25, 1990, with Guinn.
-Redistricting--The Constitutional and Statutory Obligations, County Judges' and Commissioners'
Association of Texas 1989 Annual Conference, Houston, Texas, October 16, 1989.
-Legal Issues Concerning Emergency Medical Services, McLennan Community College, Paramedics'
-Fairness: How Does Government Achieve It?, Temple Rodef Sholom, January 18, 1987.
-The Legal Requirements Faced by Texas County Government Under the Voting Rights Act, State of Texas
County Judges Association Annual Meeting, Address on October, 1980.
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