MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CHELSEA, MASSACHUSETTS AND THE UNITED STATES
The United States has conducted an extensive investigation
into whether the method of election for the Chelsea School
Committee denies Hispanic voters an equal opportunity to elect
representatives of their choice in violation of Section 2 of the
Voting Rights Act, 42 U.S.C. 1973. After completion of this
investigation, on April 15, 2003, the United States notified the
City of Chelsea of its allegation that Chelsea's method of
election does violate Section 2 and invited the City to engage in
negotiations prior to the filing of any lawsuit to enforce
Section 2. Since then, the City of Chelsea and the United
States, through counsel, have conferred extensively and agree
that it is in the best interests of all parties that this matter
be resolved without the expense of protracted and costly
litigation. Accordingly, the parties have entered into the
following Memorandum of Understanding. The parties stipulate as
follows:
- The City of Chelsea, Massachusetts is a political and
geographical subdivision of the Commonwealth of
Massachusetts.
- The Chelsea School Committee is the body established under
the laws of the Commonwealth of Massachusetts that is
responsible for governing the Chelsea School District, in
accordance with and subject to Chapter 133 of the Acts of
1989, as amended.
- The Chelsea School Committee is currently composed of seven
members elected at-large in nonpartisan elections to two-year terms. Currently, the School
Committee members are Arthur Bowen, Rosemarie Carlisle, Elizabeth McBride, James
O'Regan, Morris Seigal, Lydia Walata, and Deborah Washington.
- In the April 15, 2003 letter, the United States set forth
its allegation that the current method of electing members
to the Chelsea School Committee, under the totality of the
circumstances, results in Hispanic citizens having less
opportunity than other members of the electorate to
participate in the political process and to elect
representatives of their choice in violation of Section 2 of
the Voting Rights Act. See Thornburg v. Gingles, 478 U.S.
30 (1986).
- The usual and appropriate remedy for at-large methods of
election that dilute minority voting strength in violation
of Section 2 of the Voting Rights Act is the drawing of
districting plans that do not dilute minority voting strength.
- To prevent any potential Hispanic vote dilution in the City
of Chelsea, the United States and the City have agreed to
implement the districting plan attached hereto as Exhibit 1
("Settlement Plan"), which provides for a nine-member school
committee, with one member to be elected at-large and eight
members from single-member districts, three of which are
comprised of an Hispanic majority in total population and
voting age population.
- The Chelsea City Council will approve the
Settlement Plan no later than October 27, 2003, and, in accordance with the
Massachusetts General Laws, immediately send a home-rule
petition containing the Settlement Plan to the state
legislature for approval. The City has committed to the
United States that it will employ all of its power to
facilitate the adoption of the home-rule petition by the
state legislature.
- If it is not feasible, despite the best efforts of city
officials, to conduct the 2003 Chelsea School Committee
primary and general elections utilizing the four districts
depicted in the Settlement Plan, the City of Chelsea will
petition the state legislature to hold a special School
Committee election on November 2, 2004. The nine School
Committee members elected that day using the Settlement Plan
districts will each serve a one-year term. Plans for the
special election will be included in the home-rule petition
sent to the state legislature subsequent to the vote on
October 27, 2003.
- The city will conduct any future redistricting with regard
to the Chelsea School Committee in a manner consistent with
federal law, including Section 2 of the Voting Rights Act of
1965, as amended, 42 U.S.C. § 1973.
- The United States agrees to refrain from filing a lawsuit
against the City of Chelsea or the Chelsea School Committee
to enforce Section 2 of the Voting Rights Act, provided that
the City is in compliance with the terms of this Memorandum
of Understanding and that the 8-district, one at-large plan
submitted to the state legislature is approved and
implemented by March 31, 2004.
UNITED STATES OF AMERICA
CITY OF CHELSEA
R. ALEXANDER ACOSTA
JAY ASH
Assistant Attorney General
City Manager
Civil Rights Division
_______/s/___________________
_________________________
JOSEPH D. RICH
JAY ASH
GILDA R. DANIELS
City Manager
EDWARD S. KEEFE
Chelsea City Hall
R. TAMAR HAGLER
500 Broadway
United States Dept. of Justice
Chelsea, MA 02150
Civil Rights Division
(617) 889-8301
950 Pennsylvania Avenue, N.W.
Voting Section, 1800 G
APPROVED AS TO FORM
Washington, D.C. 20530
(202) 305-4207
________/s/________________
KIMBERLEY DRISCOLL
Deputy City Manager/
Corporate Counsel
Updated July 25, 2008
