L.A. lawsuit seeks to put Census decisions in hands of career officials

The City of Los Angeles Wednesday filed for a temporary restraining order that would effectively allow career Census Bureau employees--not the Bush administration--to rule on the use of controversial sampled census data for congressional redistricting.

Los Angeles City Attorney James Hahn said today that under the Administrative Procedure Act, Commerce Secretary Don Evans was required to allow a 30-day comment period before he changed a rule that now gives him authority to judge sampling's accuracy.

"It did not allow for a public comment period," Hahn said. "We want to make sure we have this decision in the hands of Census Bureau professionals, and out of the hands of politicians."

Last October the Clinton administration implemented a rule that gave the Census Bureau director sole authority to decide whether to endorse sampling, after consultation with a 12-member committee of bureau experts. Since taking office, President Bush has not filled the bureau director position and acting Director William Barron said that he intended to make the final call on redistricting.

But late Friday, Evans altered the rule. Evans claimed the authority for himself along with the right to decide which set of detailed census numbers--either sampled or more traditional numbers--to release. Backed by a Justice Department memo dated last Wednesday, Evans contended federal law required no comment period in this case.

"This rule of agency organization, procedure and practice is not a substantive rule subject to the requirement... [of] a 30-day delay in effective date," Evans wrote late last week.

Evans is widely expected to rule against sampling, reflecting the position of most Republicans who fear sampling could favor Democrats.

The bureau committee is expected to make its recommendation on sampling before March 1, and Evans is expected to make his decision by March 5.

Meanwhile, former Census Bureau Director Kenneth Prewitt has asked to testify before the House Government Reform Census Subcommittee to clear up what he contends are mischaracterizations of his statements by Subcommittee Chairman Dan Miller, R-Fla.

"I respectfully request that you do not misquote me or misrepresent my position in order to score points in a hearing," Prewitt wrote Tuesday in a letter to Miller.

Prewitt contended that during a hearing last Wednesday, Miller misconstrued public statements to portray Prewitt as endorsing the accuracy of the census.

A Miller aide defended Miller's characterization, and suggested Prewitt would not be invited back.

"The former director testified every month for the past year and we are well aware of his positions on these issues," Miller said, adding, "Director Prewitt is a victim of his own public relations."