AMERICUS — The Sumter County Board of Education (BOE) is acting quickly, after SACS visited last month, to get a a redistricting plan in place, but discussion about the ongoing issue Monday at the Board’s work session revealed there is some confusion concerning the litigation surrounding the redistricting of BOE seats. The discussion at the work session showed there are discrepancies among the members of the Sumter County Board of Education in their understanding of the involvement of the American Civil Liberties Union (ACLU) in a federal court lawsuit.

The discussion was initiated by Board Chair Edith Ann Green, under old business, when Green said redistricting was in the “hands of the courts.” Green added, however, that the Board “did act, some time months ago, to ask the ACLU to intervene on our behalf.”

Board member Mike Busman argued that the ACLU did not intervene on behalf of the Sumter BOE, but entered into the litigation on the side of William Bird, who filed a lawsuit against the Sumter County Board of Education and the Sumter County Board of Elections and Voter Registration in May 2012.

Bird’s attorney, Bill Calhoun of Albany, is challenging constitutionality of the Sumter County Board of Education districts, claiming that the districts violate the principle of “one person, one vote.” The lawsuit claims that the current districts, as drawn, are malapportioned. The Sumter BOE instructed its attorney, Maurice King of Albany, to challenge the lawsuit in federal court.

“I think you said the ACLU presented a map on our behalf,” Busman said to the Chair, “but they were joining the Bird litigation against the Board. So, they didn’t submit a map on our behalf — just for clarity.”

Busman acknowledged that the Board did unanimously vote to allow ACLU intervention and that the vote was brought back up at a later meeting because some members felt they were given all the information.

Board member Willa Fitzpatrick responded, saying that she didn’t think the ACLU was on the Bird side. Board Chair Green agreed, saying “we voted for them to intervene on our behalf.”

The motion by the ACLU, filed in U.S. District Court on July 18, 2012, states that the applicants, which include seven Sumter County citizens and the now defunct Sumter County Branch of the NAACP (National Association for the Advancement of Colored People), petitioned the court to participate in the litigation as plaintiffs against the Sumter County Board of Education and Sumter County Board of Elections and Voter Registration.

The motion, submitted by an attorney for the ACLU, also stated that the reason the intervention was sought was so it could submit a redistricting plan   that complies with the one person, one vote standard. The motion further states that the redistricting plan be implemented in time for the general election, which was held on Nov. 6,  2012. There has been no ruling from Federal Court Judge Louis Sands, as of press time Wednesday.

At Monday’s work session, more than one Board member stated that the lack of a the Board having a redistricting plan was a subject in their interviews with SACS representatives during their visit last month.

Board Chair Green said the Board should adopt the map submitted by the ACLU and said she plans to offer a motion at today’s regular meeting.

Board member Busman said the Board has not seen the map.

“Mr. Smith has it,” Green responded, referring to Sumter County Schools Superintendent Donnie Smith.

Board member Carolyn Whitehead asked the Chair if it would be “feasible” to postpone a vote until Board members had the opportunity to review the maps and have a discussion. However, Whitehead said if the vote is postponed, the Board should keep the item on the forefront because she said SACS is concerned that the Board does not have a plan.

Green said that’s why she would like to go forward with adopting a plan.

“The thing they asked me was ‘if you knew in June that you had to do something, why did you wait until October,’” Green explained.

Board member Meda Krenson told the Board Chair that Judge Sands will make the ruling on a redistricting plan and the Board’s move to adopt a plan will have no bearing on what the judge decides. Krenson said she has been to each of the hearings in federal court and had obtained copies of different versions of the redistricting maps submitted by each of the parties and suggested the Board all have copies.

“It’s real interesting to look at,” she said.

“We need to have a definite plan ... that’s what we have to do,” Fitzpatrick responded.

Krenson said the Board should have gone to Atlanta earlier. Board member Kelvin Pless argued that even before the Bird litigation began, going to Atlanta had been suggested and met with resistance.

“We need to go ahead and stand with a purpose instead of making convenient decision,” said Pless.

Superintendent Smith said he received an e-mail from the Board’s attorney before the Christmas break, containing maps submitted in court. The Board holds its regular monthly meeting at 7 p.m. today in the Sumter County Schools’’ Administration Building, 100 Learning Lane. The meeting is open to the public.