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to be bitten by one of those with the notion that regardless of what it is, if it is less, then we are <br />going to have to take it. <br />So we need to be clear, of the six that we took out, that we did not eliminate for some particular <br />purpose, that all of those have been amended many times, as Ms. Wille's has, so her continued <br />efforts are very helpful, thoughtful pieces, but they don't provide, they are not in a position to <br />somehow trump what we come up with. So I want to make sure of that. I also want to make sure <br />that we all understand what the issue of a 10% deviation is and how we calculate it, because it is <br />something that we haven't talked about. So, I've asked that question recently, and I think both <br />Mike and Karen have given me some insight on that. So, my interpretation of that, and I would <br />like to have our attorney confirm that, is that the 10% deviation is the difference between the <br />highest - - -It is the sum of the highest variance and the lowest variance without the variance sign; <br />without the negative sign. So, that way, which is odd because if we stay within 4.99 %, we would <br />never get over 10 %. So, it is almost a non criteria as long as you stay within the 4.99 %. That <br />interpretation, which is the highest variation and the lowest variation, take away the negative sign <br />and add them; that is what they mean by a 10% deviation. <br />MR. CHANG: Mr. Melrose, that is my understanding, yes. <br />MR. MELROSE: It is kind of an odd number because if we stay under 4.99% it's a moot issue <br />anyway. Good. I was afraid it was going to be adding up all of the variations, all the positives <br />and all of the negatives and that would be a problem; that would make this variation issue a <br />problem. If that's the interpretation, then I want us all to work on the same page. <br />CHR. SIRACUSA: On one of the maps, I tried it both ways, just to see what happened. I took <br />the nine variations, and added and subtracted, and then divided by nine to get an average. I got, <br />on that particular map I got 9.8 %. Then I just took the highest and the lowest and I got 9.8 %. So, <br />I'm not sure if it was just a fluke at that point or if it would work that way with all of them, but I <br />thought it was interesting. <br />MR. MELROSE: But we have a common understanding of what the standard deviation is. I <br />think we have a common understanding that 4.99% is where we work from today; I think we can <br />do this, I think we can do it and make most of the people happy. I would agree that there are <br />some constraints and it sucks, but that's what it is. And our job is one person, one vote, as close <br />as we can get within the 4.99 %. <br />CHR. SIRACUSA: Let me ask Kyle a question as long as he's up there. We are putting you on <br />the hot seat this morning. The previous plan that came out ten years ago, there was an 8.9% <br />deviation I believe in one of the districts. And the Supreme Court ruling let it stand because they <br />said that it was done in the spirit of keeping, of being most inclusive. It wasn't done to keep <br />people out, or for gerrymandering reasons, it was done to be inclusive; and because the reason for <br />that deviation was altruistic, they were going to let it stand. Does this set a precedent? If 8.9% is <br />okay, what about 9.1 % or what about anything else? Do you follow my question? <br />MR. KAHAWAIOLA`A: Before the counsel answers that - -- <br />9 <br />