Maverick County Auditor Fidencio Ortiz’s Reappointment to be decided this month

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

Maverick County Auditor Fidencio Ortiz’s appointment is scheduled to expire during the month of September 2014, thus requiring a  meeting between the two state district judges, 293rd Judicial District Judge Cynthia Muniz and 365th Judicial District Judge Amado J. Abascal, III, sometime this month in September 2014 to determine whether County Auditor Fidencio Ortiz will be reappointed to a new term of office.

Ortiz was appointed as County Auditor during late-2012 by state district judges Muniz and Abascal to fill a vacancy left by the resignation of former County Auditor Carlos Pereda and a long period of having a temporary person in charge of the office.

Both state district judges Muniz and Abascal have a vote in determining whether County Auditor Fidencio Oritz is reappointed to a new term of office.  If both Judges Muniz and Abascal vote to reappoint Ortiz, he will serve a new two year term of office.  In the event that if both judges split on the vote, then state law requires that the reappointment be certified to Governor Rick Perry so that he can appoint a third state district judge to join Judges Muniz and Abascal at a future meeting to determine the reappointment of the County Auditor.

According to state law, the County Auditor maintains the integrity of financial administration of a County government.  The County Auditor primary responsibility is to oversee the financial record keeping of the County and to assure that all expenditures comply with the County budget.  The County Auditor is not appointed by nor under the control of Commissioners Court.  While Commissioners Court is the budgeting body in County government, both the County Auditor and Commissioners Court are required by state law to approve the disbursement of County funds.  The integrity of financial administration in County government is entrusted to a dual control system of “checks and balances” by the County Auditor and Commissioners Court.  The County Auditor is responsible for oversight of all County books and records of all County officials and is charged with strictly enforcing County finances.

Maverick County is going through the worst financial crisis and corruption in its history as a result of an extensive ongoing Federal Bureau of Investigation operation regarding bribery, kickback scheme, and corruption by County officials and third parities concerning the awarding of public construction contracts during 2009 through 2012, resulting in the indictment of over 30 individuals by federal grand juries in Del Rio, Texas and the majority of those indicted pleading guilty, including three former Maverick County Commissioners-Rodolfo “Rudy” Heredia, Cesar Flores, and Eliaz Maldonado.   Maverick County’s independent financial audits for 2011 and 2012 documented a $2.3 Million loss or budget deficit, totaling $4.6 Million for those two years.  The 2013 Audit is pending.

It is well-known that a majority of present Maverick County Commissioners Court, including County Judge David R. Saucedo and Commissioners Roberto Ruiz, Gerardo “Jerry” Morales, and Asalia Casares, seek the removal of County Auditor Fidencio Ortiz having approved a resolution on May 5, 2014 for County Auditor Ortiz’s removal due to alleged non-compliance with his duties and obligations. Commissioner Jose Luis Rosales was absent at the May 5th meeting and did not vote on this resolution. Ruiz, Morales, and Casares were all appointed to Commissioners Court by Judge Saucedo.

County Auditor Ortiz was not in office during 2009 through 2012 when the alleged acts of corruption, bribery, kickback scheme, and wrongdoing reported in the numerous federal court criminal indictments occurred.  Ortiz was appointed by Judges Muniz and Abascal in 2012 after these alleged incidents of wrongdoing occurred and to clean-up the financial integrity and records of Maverick County.

Judges Muniz and Abascal meeting to determine whether to reappoint County Auditor Fidencio Ortiz is open to the public once its date, time, and location is announced.