Maverick County Commissioners Court hires Legal Counsel for County Auditor matter
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
The Maverick County Commissioners Court unanimously approved to hire the legal services of attorney Luis R. Vera, Jr. of San Antonio, Texas to assist Commissioners Court with legal issues concerning County Auditor Fidencio Ortiz at their regular monthly meeting held on Monday, December 8, 2014.
Commissioners Court first discussed Agenda Item No. 23 calling for the waiver of policy for hiring professional services due to time constraints on issues dealing with the County Auditor.
Maverick County Judge David R. Saucedo opened up the agenda item for discussion.
“I spoke to general counsel briefly in reference to this issue. I believe there were some concerns that came up in reference to this agenda item,'” said Judge Saucedo.
General Counsel Poncho Nevarez stated that his question was in reference to following policy on the hiring of professional services. “My question is, is their precedent where you have done this before?”, asked Nevarez. “Yes,” replied Judge Saucedo.
“What has been the precedent that you have used before to do this?”, asked Nevarez.
Judge Saucedo replied that recently they had done so on an item pertaining to the CETRZ grant in the hiring of professional services due to a time constraint. “Due to time constraints, that was waived by Commissioners Court,” said Judge Saucedo.
Nevarez stated that it was his understanding that the acquiring of professional services contract did not require competitive bids on the procurement process. Judge Saucedo concurred.
“ What is the issue with the waiver and is there a state law or statute that controls a waiver?” asked Nevarez “No.” said Judge Saucedo. Judge Saucedo explained that there is no state law but that Commissioners Court had imposed its own procurement process. “If at any time we were going to waive that, we would have to come to Commissioners Court to waive it,” said Judge Saucedo.
Nevarez then asked if there were any questions or policies amongst Commissioners Court that would have to be satisfied to be able to waive the process. “No,” said Saucedo.
“So what was the purpose of having an emergency waiver if there aren’t any factors,” asked Nevarez.
Commissioners Court and General Counsel Poncho Nevarez then discussed a legal issue raised by County Auditor Fidencio Ortiz under Texas Government Code Chapter 2254 whether the County had to go out for bids or requests for legal services before hiring an attorney to represent the County.
Commissioners Court asked General Counsel Nevarez to obtain a copy of the Government Code in question to clarify the legal issue raised by Ortiz.
Judge Saucedo stated that he had looked at the laws and state law does not require the County to go out for request for proposals or bids in regards to attorney services.
General Counsel Nevarez stated that he did not see any issue regarding a waiver. Nevarez pointed out how the law was interpreted and that there was clearly no issue to be seen and that Commissioner Court due to the way policy was set up did not have to waive policy; thus not needing to move forward with agenda item No.23.
Commissioners Court then focused on what was defined as professional services. Judge Saucedo noted that the definition according to the Texas Government Code did not state attorneys. Nevarez, however, referred to a subchapter section 2254.024 in the Texas Government Code where it exempts attorneys as consultants. Nevarez advised Commissioners Court that they did not have to go out for requests for proposals or bids before hiring an attorney.
Commissioners Court voted unanimously on Agenda Item No. 23 waiving any requirements to go out for request for proposals or bids to hire an attorney.
Commissioners Court then proceeded with Agenda Item No. 24 calling for the discussion and possible action to hire outside counsel on issues dealing with the County Auditor.
Judge Saucedo motioned that he was recommending attorney Luis R. Vera, Jr. of San Antonio, Texas and that he did meet the requirements under the definitions of how much can be charged for their services.
Judge Saucedo stated that Vera would charge Maverick County $150 dollars per hour and that he would be looking at what the County needs to do regarding the legal issues pertaining to County Auditor Fidencio Ortiz, whose term of appointment expired on September 24, 2014 and has not be re-appointed by both District Judges Amado J. Abascal, III, and Cynthia Muniz as required by law.
At an October 10th meeting, Judge Abascal recommended Ortiz be re-appointed County Auditor while Judge Muniz opposed Ortiz’s appointment. Now, Governor Rick Perry will have to appoint a third District Judge to meet with Judges Abascal and Muniz and decide whom to appoint as County Auditor. It is unknown when this will happen.
Commissioner Roberto Ruiz motioned to hire attorney Luis R. Vera, Jr. as special legal counsel and Commissioner Jose Luis Rosales seconded the motion. Commissioners Court unanimously approved Agenda Item No. 24 by hiring attorney Luis R. Vera, Jr. as special legal counsel regarding the County Auditor matters. Maverick County taxpayers will now have to pay for the legal services of both General Counsel Poncho Nevarez and Luis R. Vera, Jr. as special legal counsel.
Unless a third district judge is appointed by Governor Perry and a meeting of the district judges is held soon to appoint a County Auditor, the Commissioners Court feud with County Auditor Fidencio Ortiz is going to continue in the foreseeable future, including possible legal action by Commissioners Court to resolve the County Auditor legal issues.
