At the 6th Meeting of the Advisory Committee and the final Public Hearing individuals asked questions which they were informed would be answered via the website. Those questions and answers are below.
Meeting Number 6 - Monday, May 9, 2011
EC Legislature Chambers
1. Question: When the lines were drawn in the town of Amherst "between district 11 and 7," it divides Eggertsville – why was it drawn up the middle of Eggert road. How did those lines come into being?
I believe you were actually referring to the line between Districts 11 and 8? Regardless it should be pointed out that almost all of the lines were drawn following major roadways in that area. For instance, the boundary line between districts 8, 6, and 11 in Amherst follows the 290 – a major highway that is a clear barrier and distinct dividing line that serves to physically divide the neighborhoods on either side of the line. It is a logical and clear choice to be used in creating a district that does not divide a community.
2. Question: The division line between 4 and 6 carved out of part of East Amherst community? Does that have to do with the fact that Legislator Rath and Legislator Walter live on either side of the line?
The overriding federal principal with regards to redistricting is one person, one vote. The division between Districts 4 and 6 is achieved because you need those neighborhoods to balance out the population. If you are asking why did you not do that by keeping Lancaster intact you are dealing with a clear community of interest argument – that small part of Lancaster is included as a part of the Cheektowaga district to keep the Village of Depew whole.
3. Question: Is it coincidence that you divided Cheektowaga into 4 different districts?
No, again based on population needs that drive on one person, one vote and keeping communities of interest together (the African-American population on the west side of Cheektowaga, Depew on the eastern border) drove that need. If, in fact, Cheektowaga would have been maintained as a single district that would have completely skewed the rest of the map for the single most important federal principal which is one person one vote. If you can achieve equal districts, even if you didn’t have to do it, why wouldn’t you? Especially when it achieves another historically and legally important principal of maintaining communities of interest. Those two principals not only stand in priority over the maintenance of municipal boundaries, but by achieving two principals instead of only one it outweighs on that merit alone.
4. Question: Is it fair to say you extended into Cheektowaga for voting rights purposes?
Yes, see above.
5. Question: Is it coincidence that Hardwick doesn’t have an opponent due to the jagged line – same in Hamburg?
Several principals dictated the lines in District 10. The first is community of interest and the argument that was made by the Town Board of the Town of Grand Island and others that the community holds more in common with Tonawanda than it does the City of Buffalo. Secondly maintaining the integrity of keeping the municipality of the City of Tonawanda whole and then the necessary addition not only of population, but of a community with a similar demographic makeup dictated the lines in both District 11 and District 2. Also, you will again note, where possible, major roadways or highways have been used to demarcate the lines between districts. Again these are actual physical barriers that serve to divide neighborhoods and therefore are a natural division for legislative districts.
6. Question: Is it coincidental that Legislator Dixon is now preserved in a district by herself?
The demographic and geographic makeup of District 2, as a whole, is largely the same – much of it far suburbs or a rural population of small towns and villages. The Village of Hamburg is included as it is a gateway to those southern community towns as well as a need to add a population density to achieve one person one vote.
7. Question: As we move to Lancaster – can you explain how it was divided into 3 districts, so that now you have a small piece attached to Elma?
Again, please refer to one person, one vote as the single most important legal principal in reapportionment. I am proud of the fact that this map comes so very close to an almost perfect instance of following that rule. Taking a small piece of Lancaster helped to achieve that goal.
8. Question: The question is this is not a forum for debating legalities but doing the people’s business – asking not whether you can, but should you divide towns such as Lancaster when it has been shown that they can be put together with no towns split. Ask should we divide these towns?
Again, I understand that not dividing municipalities is important. But I strongly disagree with your assertion that it is the most important of the four key principals. It seems clear to me through federal and state case law that one person, one vote, and maintaining communities of interest are far more important considerations. My map only divides municipalities when it clearly achieves at least one (and often times both) of those goals.
9. Question: Rev. Carter wanted to know why District 4 had little bitty pieces carved out into District 6 and also asked why a little portion in District 8 is from Lancaster?
For both Rev. Carter’s questions I would refer to the answer to the last question of Mr. Ward’s above.
10. Question: Mr. Rivera asked 2 or 3 questions – on parts of the map, possibly 3 and 7 and maybe 1 encompass parts of city with high minority population. What were the percentages you used in your maps – what percentage of African American do you use for your maps?
All of the percentages are clearly laid out in the accompanying charts to each of the legislative districts as proposed. Please refer to the charts. But as a short answer the African-American population in both Districts 3 and 7 is greater than 50%. When you total the population of the African-American and Hispanic communities of interest in both of those districts they total better than 60% of the total population – so clearly both are majority minority districts.
Final Public Hearing - Wednesday, May 11, 2011
ECC City Campus
Q: Karl Spencer - Can someone explain this? Why is it (Amherst) being divided into 4 districts?
A: Chairman Perry: Mr. Spencer, I appreciate your advocacy for Amherst. Amherst is one of the two municipalities in Erie County that clearly have to be divided due to population size. We took into account a number of factors when making the division in Amherst, but the guiding principal that dictated the splits was the overriding federal principal of one person, one vote. So to put it simply, Amherst was divided carefully in order to support keeping all 11 districts equal in size.
Q: Joseph Allen - Like to know how each member on the commission are picked – why are there not more Hispanics or residents of the East side?
A: Legislature Staff: The Chair of the Erie County Legislature sent a notice to the news media, interested parties and posted on the website in February that the Legislature was accepting letters of interest from those interested in serving on the Advisory Committee on Reapportionment. The Clerk of the Legislature received over 80 letters in response. The fifteen members of the Committee were chose by the dicates of the Erie County Charter (Sec. 210) as follows: The Chair of the Legislature had one appointment – Adam Perry; The Majority Leader of the Legislature had six appointments – Daniel Boody, Rev. Jeff Carter, Jesse Martin, Jonathan Rivera, Diane Terranova and Jeremy Toth; The Minority Leader of the Legislature had six appointments – Brian Biggie, Emilio Coloaiacovo, Jorge deRosas, Jonathan Hickey, Martha Lamparelli, and Bryan Wittmeyer and the two Board of Elections Commissioners also serve: Democratic Commissioner Dennis Ward and Republican Commissioner Ralph Mohr.
A: Chair Perry: I would add that Mr. deRosas is Hispanic, so there were 2 Hispanics (Rivera and deRosas) and 3 African-American men (Carter, Martin, and Perry) serving on the Committee. That makes more than 33% of the Committee either Hispanic or African-American. The charge of a lack of minority representation is false.
Q: Melissa Sanchez - What is the rationale between splitting the West side into 4 districts?
A: Chairman Perry: Again I want to state that there were two overriding principals that were followed in the creation of the map I submitted. The first, was keeping districts equal size to fulfill the federal requirement of one person, one vote. The second was to maximize the possibility in accordance with the 1965 Voting Rights Act, for a person of color to be elected in 2 districts in the City of Buffalo. In order to fulfill those two legal requirements we needed to draw the lines in such a way that the Hispanic community is now primarily in three districts with a small representation in a fourth district.