THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: THURSDAY, June 23, 1994 TAG: 9406230466
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ESTHER DISKIN, STAFF WRITER
DATELINE: 940623 LENGTH: CHESAPEAKE
Justice Department officials said past City Council elections - which are held at-large - show a pattern of ``persistent and severe polarization along racial lines'' that has caused black candidates to lose.
{REST} In Chesapeake - which has had two and sometimes three blacks on the council throughout the 1980s - the strong criticism stunned city leaders. Even the candidate whose loss was singled out by the Justice Department as an example of the problem said the results of the election, which had a low turnout, should not be used as a yardstick.
Michael K. Brown, who ran as an independent in May, said the Justice Department's portrait of Chesapeake didn't fit his image of the city. ``The African-American community has had a part in sharing the responsibility of leading this city,'' he said. ``That's why we feel we've had some representation.''
The decision could delay the city's first School Board elections for months and possibly years.
The department's letter was handed to the City Council during its Tuesday night meeting and briefly discussed in a closed-door session.
While the Justice Department did not give the city a blueprint for developing an alternative to at-large elections, it has usually favored a full or modified ward system.
The letter, written by Gerald W. Jones, acting assistant attorney general in the civil rights division, said the department had analyzed City Council elections because they are ``almost identical to the method'' that would have been used to select a School Board.
Over the past decade, Jones noted, each council election had at least one black candidate who was a leading choice among black voters but failed to finish among the candidates favored by white voters.
Even though black candidates were elected, he said, their victories were contingent on receiving very strong support from black voters and at least some votes from the white community.
``This opportunity of black voters to elect some of their preferred candidates is fairly tenuous, however,'' the letter stated, ``as was demonstrated in the 1994 election when the black candidate that appears to have received nearly unanimous black support received almost no votes among white voters and thus was defeated.''
That reference was to Brown's run, and he was surprised Wednesday that the department had used it as an example. He said it was mainly light turnout, not biased voting, that caused his defeat.
The Chesapeake branch of the National Association for the Advancement of Colored People twice voted to support at-large School Board elections in Chesapeake, but the organization's president, March Cromuel, said he personally favors a ward system. He said he spoke to Justice Department officials a couple of times.
But federal lawyers did not contact Lamont Simmons, president of Chesapeake Forward, an umbrella group of mainly black civic organizations, which favors the at-large method.
``Why the Justice Department did not call us, when we are one of three predominantly minority groups, I do not know,'' Simmons said. ``I hope the Justice Department did not listen to the opinion of three or four people.''
Because of Virginia's past problems with racial discrimination, the city's voting plan must be approved by the Justice Department.
The City Council faces a clear choice: It can dig in and fight the ruling, or get to work designing a School Board election system that will meet the Justice Department's approval.
Justice Department officials said the city can file a lawsuit challenging the ruling, or ask Attorney General Janet Reno to reconsider the issue. The letter did not set any timetable for the city's actions.
The City Council has not decided how to respond, but the Justice ruling already is producing sharp and volatile divisions. In November, a split City Council voted for at-large elections, with the council's two black members, Mayor William E. Ward and then-Councilman Lionell Spruill Sr., voting against it.
Over the past few months, Ward has spoken several times with Justice Department officials. He said the city should get started promptly on drawing lines for new election districts.
But the council's Republicans want an at-large system, and their party will gain the majority when new council members take office in July. Republican Councilman Arthur L. Dwyer said he wants the city to hold an ``advisory referendum'' to get voters' views on how the election should be conducted. If the voters favor at-large elections, Dwyer said he is prepared to fight the Justice Department's ruling ``all the way.''
Dwyer said Ward lobbied the Justice Department ``day and night'' to get support for a ward system for the School Board elections. He accused Ward of trying to secure political power for Democrats in a city that is shifting toward more conservative candidates.
``You're seeing upset Democrats that didn't win the election trying to gerrymander elections in the city so they can be guaranteed power for years to come,'' Dwyer said.
But Ward, who said he still favors at-large elections for City Council, said an advisory referendum on the School Board vote would polarize the city along racial lines.
``The only thing that does is say to the African-American community that a council member is trying to subvert a process that has withstood the test of law since 1965,'' he said, referring to the ward system, ``that is available for African-Americans to have access to power. If it is his intent to deny them that right, there is nothing I can do about it.''
City Attorney Ronald S. Hallman said he will present his recommendations to the council as early as next week. He said he is unsure whether the city could legally hold an advisory referendum. Until the Justice Department approves a system and an election is held, the City Council will continue to appoint School Board members, he said.
But the Justice Department's action has a number of city leaders wondering whether the at-large system for council elections might be challenged soon as well. by CNB