U.S. District Judge Kristi DuBose has approved the settlement agreement in the legal dispute involving Patrick Braxton, Newbern’s first Black mayor, and town officials accused of obstructing him from assuming office. The approval, granted on July 23, brings a resolution to the contentious lawsuit.
The lawsuit, initiated by Braxton and his appointed city council, including James Ballard, Barbara Patrick, Janice Quarles, Wanda Scott, and Dorothy Holley, alleged that white town officials locked Braxton out of his office and failed to recognize his authority. The lawsuit claimed violations of the Voting Rights Act and the First, Fourteenth, and Fifteenth Amendments.
The settlement, detailed in a Memorandum of Understanding (MOU) filed with the court, includes several key stipulations. The agreement affirms that Braxton is the lawful mayor of Newbern, granting him all associated powers and responsibilities. It also mandates that all town council positions and the town clerk position be declared vacant. Individuals previously holding themselves out as town officials are required to resign and cease any related activities.
The settlement requires that town officials immediately grant Braxton access to all official documents, accounts, and town property. An independent audit of the town’s funds and assets will be conducted, with the auditor being mutually agreed upon by both parties.
The agreement outlines a process for filling the vacant town council positions. Braxton will submit names to the Governor of Alabama for appointment to these positions. If the Governor does not act, the Probate Judge of Hale County will be notified to declare a special election, which is to be held by December 31, 2024, if necessary.
Additionally, the settlement includes provisions for preclearance review of any future changes related to voting and eligibility to vote in Newbern’s municipal elections until January 1, 2030, to ensure compliance with the Voting Rights Act and the U.S. Constitution.
Both parties have agreed to submit joint status reports every three months to update the court on the progress of implementing the MOU. A public town meeting will be held no later than August 30, 2024, to inform Newbern residents about the settlement terms and the steps moving forward.
The court retains jurisdiction to enforce the terms of the MOU, ensuring that the agreement is fully implemented and complied with.
