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RESOLUTION NO. R -2015-
A RESOLUTION authorizing Francis S. Floyd, the City's outside legal counsel, to file an
emergency motion with the Ninth Circuit Court of Appeals in Rogelio
Montes, et al. v. City of Yakima, et al. seeking a stay of the U S District
Court's Final Injunction and Remedial Districting Plan dated February 17,
2015, and requesting the Ninth Circuit to order that City Council elections
proceed this year under the City's previous election system and prior
election cycle. The emergency motion would request alternative relief
from the Ninth Circuit of partially staying the U S. District Court's Final
Injunction and Remedial Districting Plan and ordering that only four of the
seven district positions be contested this year
WHEREAS, in light of the United States Supreme Court noting probable jurisdiction in
Evenwel, et al. v. Abbott, et al., Case No. 14 -940 ( "EvenweP') on May 26, 2015, the Final
Injunction and Remedial Districting Plan issued by the U S. District Court ( "District Court") on
February 17, 2015, is likely to be either modified or vacated as a result of the Evenwel decision;
and
WHEREAS, the District Court's Order on Cross - Motions for Summary Judgment dated
August 22, 2014, may also be impacted by the Evenwel decision; and
WHEREAS, the City Council believes that if the Evenwel decision invalidates the District
Court's Final Injunction and Remedial Districting Plan, then conducting elections of all seven
City Council positions this year under the District Court's Final Injunction and Remedial
Districting Plan would result in irreparable harm to the candidates who have already filed to run
and to the three incumbent at -large Councilmembers whom the District Court ordered to step
down two years early; and
WHEREAS, the City Council believes the only reasonable alternative is to hold City
Council elections this year under the City's previous election system and prior electoral cycle
using the district boundaries that were in place before the District Court's Final Injunction and
Remedial Districting Plan; and
WHEREAS, if the Ninth Circuit orders elections to occur this year under the City's
previous election system, the only elections that would occur would be the four district -based
positions that are elected on a district basis in the primary and a citywide basis in the general;
and
WHEREAS, the City Council believes a new candidate filing period should be created by
under the broad equitable powers of the Ninth Circuit; and
WHEREAS, the City's previous election system avoids any potential constitutional
violations because all positions on the City Council are elected by the entire City electorate; and
WHEREAS, the City Council believes that, if the Ninth Circuit is not inclined to order that
the upcoming City Council elections occur under the City's previous election system, then the
City's outside legal counsel should ask the Ninth Circuit to issue a partial stay such that only
four of the seven district positions under the District Court's Final Injunction and Remedial
Districting Plan should occur this year; and
WHEREAS, those four district positions that would be contested this year are Districts 1,
2, 5, and 6, and the candidates elected to these positions would serve four -year terms; and
WHEREAS, conducting elections this year for only Districts 1, 2, 5, and 6 would allow
the three incumbent at -large Councilmembers to serve out the remainder of the terms while also
allowing elections to proceed this year in the two districts with the highest concentration of
eligible Latino voters, and
WHEREAS, if the District Court's Final Injunction and Remedial Districting Plan is upheld
after Evenwel, then elections for Districts 3, 4, and 7 would occur in 2017, and the candidates
elected to these positions would serve four -year terms, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes Francis S Floyd, the City's outside legal counsel, to file an
emergency motion with the Ninth Circuit Court of Appeals in Rogelio Montes, et al. v. City of
Yakima, et al. seeking a stay of the District Court's Final Injunction and Remedial Districting
Plan dated February 17, 2015, and requesting the Ninth Circuit to order that City Council
elections proceed this year under the City's previous election system and prior election cycle.
The emergency motion would request alternative relief from the Ninth Circuit of partially staying
the District Court's Final Injunction and Remedial Districting Plan and ordering that only four of
the seven district positions be contested this year.
ADOPTED BY THE CITY COUNCIL this day of June, 2015
Micah Cawley, Mayor
ATTEST
City Clerk