City of Houston v. American Traffic Solutions, Inc.

RESPONSE to 74 Order

S.D. Tex.June 2, 2011

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. 4:10-CV-4545 CITY OF HOUSTON, § Plaintiff, § § VS. § § AMERICAN TRAFFIC § SOLUTIONS, INC., § Defendant. § HOUSTON'S RESPONSE TO THE COURT'S MAY 31. 2011 ORDER The following are the City of Houston's answers to the questions asked by the Court: 1. The date it switched from holding a democratic primary to a non-partisan election. Answer: The switch appears to have been codified on May 29, 1951. Prior to that date the City Charter had a provision (Art. V, sec. 6) referencing election of City officials by political parties. After May 29, 1951, that provision was removed from the Charter and replaced by a provision (Art. V, sec. 6) that allows candidates for election to file without association with a political party. At the same time and in order to remove any conflicting language, the Charter was amended to adopt Art. V, sec. 10, which changed the basis for calculating the number of signatures required for referendum petitions from the number of votes in the democratic primary to the number of votes in the mayoral primary or general election, whichever had the greater vote tally within the last three years. Case 4:10-cv-04545 Document 76 Filed in TXSD on 06/02/11 Page 1 of 4 2. The date it switched from nominating the mayor and commissioners to the mayor and the council. Answer: The switch from "Mayor and Commissioners" to Mayor and Council occurred when Art. V, sec.1 of the Charter was amended on August 15, 1942. The matter was clarified by a 1979 amendment to Art. V, sec. 2 of the Charter to provide that all references in the Charter to "Councilmen," "Commissioners" or "Aldermen" shall be construed to be references to "Council Members." 3. The number of required signatures to petition a referendum and how it determines that number. Answer: Based on City Charter Art. V, sec. 10, the number of signatures required for a referendum petition is "calculated upon the greatest total vote cast for Mayor at any City Primary or City General Election held within the three years next preceding the date of the filing of such petition. (Added by amendment May 29, 1951)," rather than the votes cast in the democratic primary as provided in Art. Vllb, sec. 3. However, the percentage (10%) of the total of votes cast, as prescribed in Art. Vllb, sec. 3, still applies in determining the number of signatures required for a referendum petition. Case 4:10-cv-04545 Document 76 Filed in TXSD on 06/02/11 Page 2 of 4 Respectfully submitted, By: DAVID M. FELDMAN City Attorney State of Texas Bar No. 06886700 Fed. I.D. #2994 LYNETTE K. FONS First Assistant City Attorney for Litigation Bertrand L. Pourteau, II Sr. Assistant City Attorney State of Texas Bar No. 16190300 Fed. I.D#6553 Hope E. Hammill-Reh Sr. Assistant City Attorney State of Texas Bar No. 08857650 Fed. I.D# 12323 CITY OF HOUSTON LEGAL DEPARTMENT 900 Bagby, 4th Floor Houston, Texas 77002 (832) 393-6463 (832) 393-6259 (Fax) E-mail: hope.hammill-reh(5).houstontx.qov Attorneys for Plaintiff the City of Houston Case 4:10-cv-04545 Document 76 Filed in TXSD on 06/02/11 Page 3 of 4 Certificate of Service I hereby certify that on June ^ , 2011, a true and correct copy of the foregoing document has been delivered to the parties / counsel listed below by The Notice of Electronic Filing in accordance with FED.R.CIV.P. 5(b)(3) and Rule 9A of the Southern District's January 1, 2007 Administrative Procedures for Electronic Filing in Civil and Criminal Cases: Mr. Andy Taylor Ms. Amanda Peterson ANDY TAYLOR & ASSOCIATES, P.C. 405 Main Street, Suite 200 Houston, Texas 77002 Telephone: 713.222.1817 Facsimile: 713.222.1855 e-mail: ataylor(8)andytaylorlaw.com Attorneys for American Traffic Solutions, Inc. Mr. Roger E. Gordon THE LAW OFFICE OF ROGER GORDON 901 S. Mopac Expressway Building One, Suite 300 Austin, Texas 78746 Telephone: 512.636.2540 Facsimile: 512.692.2533 e-mail: roqer@roqerqordonlaw.com Attorneys for American Traffic Solutions, Inc. Senior Assistant City Attorney Case 4:10-cv-04545 Document 76 Filed in TXSD on 06/02/11 Page 4 of 4