7/29/2019 Letter From Chappell

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LAW OFFICES OFWE LLS, PEYTON, GREENBERG & HUNT, L .L .P.MELODY G. CHAPPELL

PARTNER

BOARD CERTIFIEDLABOR & EMPLOYMENT LAWTEXAS BOARD OF LEGAL SPECIALIZATION

550 FANNIN, SIXTH FLOOR, CENTURY TOW ER, 77701P. 0. BOX 3708BEAUMONT, TEXAS 77704-3708TELEPHONE: 409-838-2644FACSIMILE: 409-838-4713E-MAIL ADDRESS: meham911@wellS00400.00m,

February 11, 2013V I A H A ND D E LI V E R YBOARD OF TRUSTEESBeaumont Independent School District CONFIDENTIAL COMMUNICATIONATTORNEY-CLIENT PRIVILEGERe:OARD UPDATEDear Board Members:

On February 5, 2013, I visited with Robert Berman, Judybeth Greene, and StephanieGyam fi regarding the BISD redistricting and proposed 5/2 method of election.We met for over an hour and discussed the DOJ objection to BISD's proposed change inthe method of election.Mr. Berman expressed his vast knowledge of previous years of redistricting for BISD andother entities, including the recent state redistricting process.The group clarified again that the objection expressed by the Department of Justicereceived December 21 , 2012 w as an objection to the change in scheme, not the map presented.I asked the question requested by board members with regard to submitting a new plan

with 4 minority districts. The response was that 50% is not a magic number. The idea thatretrogression is solved by numbers only will not satisfy the DOJ' s concerns. The group referredto the Federal District Court's rejection of this notion in the recent Texas state redistricting.Specifically, the DOJ has objected to districts with 70% minority populations in West

Texas in 2001 and 2003 during state redistricting where minority voters had very highnonparticipation rates.From the discussion, significant minority voter turnout in the range of 60% would bewhat the DOJ would require in order to consider such a change as nonretrogressive even if a mapof 4 m inority districts were submitted. Therefore, a submission of such a plan w ould be futile.The group is also interested in the opinion of the Texas Attorney General regarding whattransition wo uld take place concerning the two m inority districts that would merge in a 5/2 plan.After receipt of an opinion from the T exas A ttorney General, this information will be supplied to

the DOJ.

7/29/2019 Letter From Chappell

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Very tr ly yours,bl

Melody G. Chappell

Board of TrusteesFebruary 11, 2013Page 2

In addition to clarifying that the group w as aware of the history of the BI SD 's pastelections under a 5/2 system , we also discussed the necessity of expedited review of an alternate7/0 plan once approved by the Board.

There is no further information required by the DO J at this time. A ny changes in thevoting participation of the minority community will be forwarded after the next election cycle.

MGC/klm