US Laws, Codes, Statutes & Cases

 
    §  51.  Powers and duties of the commission; hearings; submissions and
  approval of plan. a. Following each  decennial  census,  the  commission
  shall  prepare  a  plan  for  dividing  the  city into districts for the
  election of council members. In preparing the plan, the commission shall
  be guided by the criteria set forth in section fifty-two.
    b. The commission shall hold one or more public hearings not less than
  one month before it submits its plan to the city council, in  accordance
  with  subdivision  c of this section. The commission shall make its plan
  available to the public for inspection and comment  not  less  than  one
  month before the first such public hearing.
    c.  The  commission shall submit its plan to the city council not less
  than one year before the general election of the city council to be held
  in  the  year  nineteen  hundred  ninety-three  and  every   ten   years
  thereafter.
    d. The plan submitted in accordance with subdivision c of this section
  shall  be  deemed adopted unless, within three weeks, the council by the
  vote of a majority of all of its members adopts a  resolution  objecting
  to  such  plan  and  returns  the  plan  to  the  commission  with  such
  resolutions and a statement of its objections, and with  copies  of  the
  written  objections  of  any  individual members of the council who have
  submitted objections to the speaker prior to such date.  Any  objections
  from  individual  members submitted to the speaker by such date shall be
  transmitted to the districting commission whether  or  not  the  council
  objects to such districting plan.
    e.  Upon  the  receipt  of  any  such  resolution  and objections, the
  commission shall prepare a revised plan and shall,  no  later  than  ten
  months  before such general election of the city council, make such plan
  available to the council and the public for inspection and comment.  The
  commission  shall  hold  public hearings and seek public comment on such
  revised plan.
    f. Following its consideration of the comments  received  pursuant  to
  subdivision e of this section, the commission shall, no later than eight
  months before such general election of the council, prepare and submit a
  final plan for the redistricting of the council.
    g.    Notwithstanding the provisions of subdivision d or subdivision f
  of this section, no plan shall be  deemed  adopted  in  accordance  with
  either  of  such  subdivisions until the commission files, with the city
  clerk, a copy of such plan and a  statement  signed  by  at  least  nine
  members  of  the  commission  certifying  that, within the constraint of
  paragraph a of subdivision one of section fifty-two,  the  criteria  set
  forth  in  the other paragraphs of such subdivision have been applied in
  the order in which they are listed and  that  such  criteria  have  been
  implemented,  in  such  order,  to  the maximum extent practicable. Such
  certification shall also set forth the manner in  which  the  commission
  implemented  the  requirements  of  paragraph  b  of  subdivision one of
  section  fifty-two.    Such  plan  shall  be  deemed  adopted  upon  the
  commission's   filing  with  the  city  clerk  of  such  plan  and  such
  certification.
    h. After the commission files its  final  plan  with  the  city  clerk
  pursuant to subdivision g of this section, the commission shall take all
  steps  necessary  to ensure that such plan is effectuated, including but
  not limited to submitting such  plan  for  preclearance  by  the  United
  States department of justice pursuant to the United States voting rights
  act  of  nineteen  hundred  sixty-five,  as  amended,  and  making  such
  adjustments in its plan as may be necessary and appropriate  to  respond
  to  a  determination  of  a  court  or  the  United States department of
  justice.