Jackson v. Nassau County Board of Supervisors

157 F.R.D. 612, 1994 U.S. Dist. LEXIS 15336, 1994 WL 583123
CourtDistrict Court, E.D. New York
DecidedOctober 18, 1994
DocketNo. CV 91-3720 (ADS)
StatusPublished
Cited by2 cases

This text of 157 F.R.D. 612 (Jackson v. Nassau County Board of Supervisors) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Nassau County Board of Supervisors, 157 F.R.D. 612, 1994 U.S. Dist. LEXIS 15336, 1994 WL 583123 (E.D.N.Y. 1994).

Opinion

DECISION AND ORDER RE: SPECIAL MASTER’S FEE

SPATT, District Judge:

Edwin J. Wesely, Esq., the Court-appointed Special Master in this case, submitted an application to the Court for payment of his fees and disbursements covering the period July 8, 1994 through September 26, 1994. The total amount of the fee and disbursement application is for the sum of $254,-622.04, and includes the services of the Special Master, the law firm of Winthrop, Stimson, Putnam & Roberts (“Winthrop Stimson”) and Dr. Alan Gartner, Ph.D, Dean for Research of the Graduate School & University Center of the City University of New York and consultant to the Special Master.

BACKGROUND

In a decision dated April 14, 1993, this Court declared that the weighted voting system utilized by the Nassau County Board of Supervisors was unconstitutional, because it violated the one person, one vote principle encompassed by the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Court’s decision is published at Jackson v. Nassau County Board of Supervisors, 818 F.Supp. 509 (E.D.N.Y.1993), and familiarity with the decision is presumed.

On June 30, 1993, the Court issued an order which, inter alia, stated that the Court would defer to the legislative branch of the county government with respect to attempts to bring itself into compliance with the Court’s April 14, 1993 decision. To help formulate a remedial plan, the County Executive of Nassau County, pursuant to the Nassau County Charter, appointed a seventeen member Nassau County Commission on Government Revision. In an exercise of its equitable powers, the Court set forth a timetable in the June 30,1993 order for the parties and Commission on Government Revision to meet, establishing deadlines regarding the formulation, adoption and implementation of any remedial plan.

According to the schedule set forth in the Court’s order, the Commission on Government Revision was to present its final recommendation of a proposed remedial plan to the Nassau County Board of Supervisors by June 1, 1994. The Board of Supervisors were to have agreed to the Commission’s proposed plan, or have adopted their own remedial plan, by June 15, 1994. On that date the Board of Supervisors were also to have enacted a local law, or requested the New York State legislature to enact a general law, authorizing the residents of Nassau County to vote on the proposed plan in a general referendum.

On June 1, 1994, the Commission on Government Revision presented the Board of Supervisors with a remedial plan that essen[615]*615tially proposed the creation of nineteen single-member legislative districts. Despite every previous deadline set by the Court having been met by the parties, the Board of Supervisors failed to agree to the proposed districting plan presented to it by the Commission on Government Revision, or to any other remedial plan, by the June 15, 1994 deadline.

In an effort to permit the Board of Supervisors to overcome their impasse and reach an agreement on a districting plan for Nassau County, the Court extended its offices to the Board of Supervisors and, on July 6, 1994, participated in a long negotiating session with the parties and Board of Supervisors. Notwithstanding this effort, the deadlock among the Supervisors persisted.

THE SPECIAL MASTER’S SERVICES.

As a result of the deadlock and consequential failure to approve a districting plan by the Board of Supervisors, the Court was compelled to act and to devise its own legislative districting plan for the County. Towards this end, on July 8, 1994 the Court issued an order appointing Edwin J. Wesely, Esq. as the Special Master in this case pursuant to Rule 53 of the Federal Rules of Civil Procedure. By the terms of the order, and pursuant to Fed.R.Civ.P. 53(a), the Special Master was given plenary powers to take all steps necessary or desirable to:

1. hear, consider, report and recommend to this Court a legislative districting plan for the County of Nassau, New York, including any amendments to the Nassau County Charter necessary to effectuate such a districting plan; and

2. perform such further or additional action that the Court may direct and instruct the Special Master to undertake.

The order also directed that the Special Master undertake the actions set forth in the Order “ivith all due dispatch,” (emphasis added) and with the objective of adhering to the timetable delineated in this Court’s order of June 30, 1993.

With regard to retaining the services of other professionals, the Court’s order of July 8, 1994 authorized the Special Master to utilize, if necessary, the services of any demographic, computer or other consultants necessary for the completion of the actions set forth in the order. The order also authorized the Special Master to utilize the services of other persons in the law firm of Winthrop, Stimson, Putnam & Roberts when in the judgment of the Special Master it was more cost-effective to do so.

Finally, with respect to the compensation of the Special Master, the Court’s order provided that,

the compensation of the Special Master and such other consultants or persons shall be paid in such amounts as directed by the Court, which compensation shall be assessed against the Nassau County Board of Supervisors and the County of Nassau in the manner directed by the Court and shall be paid at such times as directed by the Court.

Under the Court’s direction to undertake his actions with “due dispatch” and to adhere to the Court’s timetable, the Special Master immediately ceased all his other work and with a highly competent staff of attorneys and experts virtually worked around-the-clock, seven days a week for the following three week period in an effort to formulate a proposed districting plan for the Court. The Special Master held public hearings in the Courthouse on weekends, as well as on several evenings, to listen to the positions of the parties and the public. In addition, the entire record of hearings, testimony and the work product of the Commission on Government Revision, comprising a work period of over 9 months, had to be reviewed. Since the standards governing a court formulated redistrieting plan are more stringent than those governing a similar plan created by the legislature, the Special Master and his consultant concentrated their energies on devising a districting plan that (i) contained the least amount of district-wide population deviation possible, and (ii) was the most fair politically.

In the Court’s view, the Special Master performed his duties in a highly professional and outstanding manner. Within three weeks, namely by August 1, 1994, a draft forty-five page proposed report and accompanying districting plan was presented to the [616]*616Court by the Special Master for review, revision if necessary and approval. However, on the next day, August 2, 1994, the Nassau County Board of Supervisors agreed to a compromise version of the districting plan initially presented to them by the Commission on Government Revision.

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Cite This Page — Counsel Stack

Bluebook (online)
157 F.R.D. 612, 1994 U.S. Dist. LEXIS 15336, 1994 WL 583123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-nassau-county-board-of-supervisors-nyed-1994.