Maverick County citizen requests removal of Heredia and Maldonado

By: Jose G. Landa ©

Maverick County taxpayer and citizen Jose Reyna addressed Maverick County Commissioners Court on Thursday, November 29, 2012, during the recognition of visitors agenda item requesting at that time that County Commissioner of Precinct Two Rudy Heredia be removed from office as a result of his arrest on October 18, 2012, for money laundering by the FBI under Chapter 87 of the Texas Local Government Code. Since that meeting, County Commissioner of Precinct One  Eliaz Maldonado was also indicted by a federal grand jury of bribery and wire fraud on December 5, 2012, Reyna now states that both County Commissioners Heredia and Maldonado should do the honorable gesture of resigning from office and, if they do not, then they should be removed by a citizens petition to state district court pursuant to Chapter 87 of the Local Government Code entitled “Removal of County Officers from Office; Filling of Vacancies.”

According to Chapter 87 of the Local Government Code, there are two procedures available for removal of a county officer. First, Section 87.031 states that “the conviction of a county officer by a petit jury for any felony or for a Misdeamenor involving official misconduct operates as an immediate removal from office of that officer,” and that ” the Court rendering judgment in such a case shall include an order removing the officer in the judgment.” Secondly, Section 87.013 states that a county “officer may be removed for incompetency, official misconduct, or intoxication on or off duty caused by drinking an alcoholic beverage.”

County Commissioners Heredia and Maldonado cannot yet be removed under Section 87.031 because they have been merely indicted and are presumed innocent until proven guilty of a felony or a Misdeamenor involving official misconduct. Should Heredia and Maldonado be found guilty or plead guilty to either a felony or Misdeamenor involving official misconduct, then they would be immediately removed from office, but such is not the case yet.

However, Reyna points out that a citizen petition may be filed to remove Heredia and Maldonado under Section 87.013 of the Local Government Code for incompetency, official misconduct, or intoxication on or off duty caused by drinking an alcoholic beverage. Reyna notes that Heredia was recently arrested by the Eagle Pass Police Department for public intoxication prior to his Indictment and arrest by the feds. Nonetheless, Reyna believes Maverick County citizens may file a petition in state district court under Section 87.013 for
incompetency, official misconduct, or intoxication against Heredia and Maldonado. Reyna is currently researching filing such a petition and asks any Maverick County citizen interested in joining such a petition to contact him.

Reyna, however, requests both County Commissioners Heredia and Maldonado to resign in the best interests of over 55,000 Maverick County citizens, avoid further humiliation and damage to Maverick County’s goodwill and reputation in the state, and allow themselves and their attorneys time to prepare their defenses to the serious federal charges filed against them while permitting Maverick County Commissioners Court to transact any official business necessary to operate county government. Reyna notes that neither him nor anyone are judging Heredia and Maldonado’s guilt or innocence of their current federal charges against them because they have a constitutional right to plead not guilty and request a judge or jury trial requiring the federal government to prove the charges beyond a reasonable doubt. They should do the honorable thing and take the citizens’ best interests in mind with regard to their county commissioners positions stated Reyna.

Section 87.042 of the Local Government Code states “if a vacancy occurs in the office of county commissioner, the county judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election.” If a vacancy should occur, Reyna notes that Maverick County Judge David Saucedo should appoint a person or persons with the highest integrity and experience.

It remains to be seen what County Commissioners Heredia and Maldonado decide to do concerning their county commissioners positions. One thing is certain though-the FBI investigation of corruption and fraud in Maverick County is widening and casting a larger net.