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Herpin unapologetic about redistricting push

A Colorado Springs city councilman facing re-election in April suggested the city clerk draw a new council district that would free him from the potential of running against a minority-approved candidate.Councilman Bernie Herpin, who is white and represents the southeast quadrant, said he offered City Clerk Sarah Johnson new district boundaries not only to help get a minority elected in the southeast part of town but also to give him an advantage if he seeks re-election.“If I decide to run, of course I want to maximize my chances,” he said Friday.Herpin said he offered a suggestion as any other citizen is allowed to do.“No nefarious plot here,” Herpin said.“I mean, it’s not like I’m a county commissioner and I word the ballot so that I can have a better chance of serving three terms instead of two,” he said, referring to the controversial ballot language that El Paso County commissioners put on the ballot last year.The controversy at the county prompted commissioners to refer to the Nov. 6 ballot question asking voters whether term limits should be cut from three terms to two terms.In the city, redistricting happens every four years. Redistricting is more complicated this year because the city is increasing the number of district seats from four to six. The increase is a result of the voter-approved switch to a new form of government.Herpin said he contacted Johnson in July after The Gazette published a story about redistricting and efforts by the Black/Latino Coalition to get a district in the heart of the most racially diverse area of southeast Colorado Springs to increase the likelihood of a minority getting elected.“We don’t have any representation at the moment that specifically is focused on the needs of the southeast quadrant of town. While some of the present incumbents may dispute that, nevertheless, I think that’s a fair statement,” coalition co-chairman Joe Barrera said at the time.The day the story was published, Herpin sent Johnson an email, suggesting a new council district south of Platte Avenue and east of Circle Drive.“Since I live just north of Platte, this won’t put me in the position of having to run against a minority ‘approved’ candidate, should I decide to seek re-election,” Herpin wrote in the email, which The Gazette obtained under the Colorado Open Records Act.In the email, Herpin cited the desire of residents in the southeast part of the city, “who apparently feel underrepresented since I’m not a minority.”Johnson responded three hours later.“Thank you for your comments,” she wrote.Johnson provided Herpin’s email to The Gazette under the newspaper’s open-records request.But Herpin didn’t.Herpin said he saves thousands of emails but couldn’t find that particular email. Herpin disclosed to the City Attorney’s Office that such an email existed. But he left out the part where he said he didn’t want to run against a minority-approved candidate, according to an email Herpin sent to an employee overseeing the open-records request.Johnson, who is responsible for redistricting under the City Charter, referred inquiries to City Attorney Chris Melcher, who did not respond to a request for comment about Herpin’s suggestions about redistricting to avoid running against a minority-approved candidate.Johnson has said the City Code “deliberately” excludes council involvement in the redistricting process.Herpin’s involvement is “unseemly,” said Luis Toro, director of Colorado Ethics Watch, a nonprofit watchdog group based in Denver.“I think what we’re getting is a glimpse of the ugly side of redistricting,” Toro said. “I think in an ideal world, (Herpin wouldn’t be trying to give himself an advantage). But I think in the real world, this kind of thing happens all the time.”Herpin said he didn’t do anything wrong.“Anybody can send the city clerk suggestions. As a matter of fact, they said they had lots of suggestions,” he said.On Monday, Johnson will go over redistricting and solicit input from council members on the district map. She is scheduled to release the proposed 2012 redistricting map Sept. 24 and hold a public hearing Oct. 13. The final map will be released Nov. 13.Herpin said he doesn’t necessarily agree with the Black/Latino Coalition’s assertions that the area would be better represented by a minority.“But I didn’t want to be put in the position of having to run against a candidate that could, in their minds, better represent them,” he said.When asked if he was trying to give himself an advantage, he said: “Absolutely.”The April election promises to be cutthroat. Six of nine council seats are up for grabs.Herpin said the word on the street is that Mayor Steve Bach and his supporters are putting together a list of City Council candidates who will be well-financed.“I’m probably going to have to run against a mayor committee selected candidate. How fair is that?” he said.Bach denied that he was forming a slate of candidates.“The rumor that Bernie reported to The Gazette is news to me,” Bach said in an email.“It seems awfully early to be concentrating on next April’s City Council election,” Bach added. “Right now I am focused on a new strategic plan for the city and zero-based budgeting for next year.”—Contact Daniel Chacón: 476-1623Twitter @danieljchaconFacebook Daniel Chacon

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