United States of America v. Eastpointe, City of et al

Filing 64

CONSENT JUDGMENT AND DECREE. Signed by District Judge Terrence G. Berg. (AChu)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF EASTPOINTE; EASTPOINTE
CITY COUNCIL; SUZANNE PIXLEY,
in her official capacity as Mayor of
Eastpointe; CARDI DEMONACO JR.,
MICHAEL KLINEFELT, SARAH
LUCIDO, and MONIQUE OWENS, in
their official capacities as members of the
Eastpointe City Council; and JOSEPH
SOBOTA, in his official capacity as
Eastpointe City Clerk,

Civil Action No. 4:17-CV-10079
(TGB) (DRG)

Defendants.
CONSENT JUDGMENT AND DECREE
The Attorney General filed this action to enforce Section 2 of the Voting
Rights Act, 52 U.S.C. § 10301. The complaint alleges that the current at-large,
multiple-vote method of electing the Eastpointe City Council results in black
citizens of the City of Eastpointe having less opportunity than white citizens to
participate in the political process and to elect candidates of their choice to the City
Council, in violation of Section 2. The United States makes no claim that the
City’s at-large, multiple vote method of election is intentionally discriminatory.

The parties have entered into this Consent Decree to avoid the risks, expense, and
burdens of litigation and to resolve voluntarily the claims in the United States’
Complaint.
The parties stipulate as follows:
1.

This Court has original jurisdiction of this action under 28 U.S.C.

§§ 1331, 1345, and 2201(a) and 52 U.S.C. § 10308(f).
2.

Defendant City of Eastpointe is a political and geographical

subdivision of the State of Michigan.
3.

Defendant Eastpointe City Council is the legislative and governing

body of the City of Eastpointe. Eastpointe Charter ch. III, §§ 1-2.
4.

Defendant Suzanne Pixley is the mayor of the City of Eastpointe, the

presiding officer and executive head of the City. Eastpointe Charter ch. III, § 7.
As mayor, she also serves on the Eastpointe City Council. Id. §§ 1-2. She is
named in her official capacity.
5.

Defendants Cardi DeMonaco Jr., Michael Klinefelt, Sarah Lucido,

and Monique Owens are elected members of the Eastpointe City Council.
Eastpointe Charter ch. III, § 2. They are named in their official capacities.
6.

Defendant Joseph Sobota is the Eastpointe City Clerk, the city official

responsible for the administration of elections. Eastpointe Charter ch. III, § 23;
Mich. Comp. Laws § 168.29. He is named in his official capacity.

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7.

The Eastpointe City Council has four council members and a mayor.

Eastpointe Charter ch. III, § 2.
8.

Members of the City Council are each elected at-large by all voters in

Eastpointe and serve staggered, four-year terms. Eastpointe Charter ch. III, §§ 3-4;
Eastpointe Code § 2-20.
9.

Michigan law does not mandate the current at-large, multiple-vote

method to elect the Eastpointe City Council. See Mich. Comp. Laws § 117.3(a).
10.

According to the 2010 Census, Eastpointe had a population of 32,442,

of whom 20,898 were white (64.4%), 9,837 were black (30.3%), and 1,707 were
members of other racial groups (5.3%). The City of Eastpointe had a 2010 Census
voting-age population of 24,103, of whom 16,885 were white (70.0%), 6,154 were
black (25.5%), and 1,064 were members of other racial groups (4.4%).
11.

The black community of Eastpointe has continued to grow since the

2010 Census. The 2013-2017 American Community Survey (ACS) estimated that
black residents made up approximately 46% of the population of Eastpointe and
approximately 42% of the citizen voting-age population.
12.

While Defendants have not and do not concede the ultimate issue of

Section 2 liability, Defendants nonetheless acknowledge that it would be
reasonable for the Court to find that the three preconditions established by
Thornburg v. Gingles, 478 U.S. 30 (1986), are present and that, under the totality

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of the circumstances, the United States would succeed should this matter proceed
to trial.
13.

Defendants will discontinue the current at-large, multiple-vote method

of electing members of the Eastpointe City Council.
14.

Defendants will implement a method of election that provides for

election of the four councilmembers of the Eastpointe City Council using ranked
choice voting.
15.

Defendants will maintain staggered terms for members of the

Eastpointe City Council, electing two councilmembers in each regularly scheduled
election.
THEREFORE, with the consent of the parties, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED:
1.

The current at-large, multiple-vote method of electing members of the

Eastpointe City Council results in a violation of Section 2 of the Voting Rights
Act, 52 U.S.C. § 10301.
2.

The United States did not claim, nor has there been a finding, that the

method of election for the Eastpointe City Council is intentionally discriminatory.
3.

Defendants, their officers, agents, employees, successors, and all other

persons acting in concert with any of them shall cease conducting elections for the
Eastpointe City Council based on the current at-large, multiple-vote method of

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election.
4.

The current at-large, multiple-vote method of electing members of the

Eastpointe City Council shall be replaced with ranked choice voting.
5.

With respect to Eastpointe City Council elections, “ranked choice

voting” means the method of casting and tabulating votes in which voters rank
candidates in order of choice and tabulation proceeds in rounds. Procedures for
ranked choice voting shall substantially conform to the memorandum of
understanding into which the parties separately entered on June 5, 2019.
6.

Beginning with the first general municipal election on November 5,

2019, all elections for the Eastpointe City Council shall be conducted using ranked
choice voting. To the extent that technical problems render it practically
impossible to implement ranked choice voting in November 2019, the parties agree
to advise the Court and to seek modification of this Decree or supplemental relief
from the Court.
7.

Defendants shall codify the ranked choice voting method of election

for the Eastpointe City Council in the Eastpointe City Code.
8.

To the extent this Decree conflicts with any provision of the

Eastpointe City Charter, this Decree shall supersede such provision.
9.

Defendants shall take all necessary steps to publicize the new method

of election for the Eastpointe City Council and the election schedule (including the

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candidate qualifying period) and will conduct a robust program to educate
Eastpointe voters, particularly concerning ranked choice voting.
10.

Notwithstanding Section 736f of the Michigan Election Law, Mich.

Comp. Laws § 168.736f, Defendants may provide ballot marking instructions
compatible with ranked choice voting to electors.
11.

The parties shall jointly endeavor to facilitate implementation of

ranked choice voting in the City of Eastpointe.
12.

This decree shall expire four years from its effective date, absent

further action by this Court. The parties may seek to extend this decree by mutual
consent.
13.

This Court shall retain jurisdiction over this matter to enforce the

provisions of the Decree and for such further relief as may be appropriate.
SO ORDERED.
June 26, 2019

/s/Terrence G. Berg________________
HON. TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

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