Rito Valdez, III sworn-in as new Maverick County Treasurer
By: Jose G. Landa
An Exclusive Eagle Pass Business Journal News Story/Copyright 2013
Maverick County Hospital District Vice-President/Board of Director and local funeral director, Rito Valdez, III, was officially sworn-in as the new Maverick County Treasurer on Tuesday, March 19, 2013, at a 4:00 p.m. press conference held at the Maverick County Commissioners Courtroom in Eagle Pass, Texas. Valdez was appointed by Maverick County Commissioners Court as the new County Treasurer at a special meeting held on Monday, March 18th, on a four votes in favor and one abstention.
Maverick County Judge David Saucedo introduced Rito Valdez, III, and administered the oath of office to Valdez. County Judge Saucedo stated that it was a great pleasure and an honor to introduce Rito Valdez, III, as the new County Treasurer. Judge Saucedo stated that Valdez has gained valuable experience in such a short time having been elected into public office three years ago to the Maverick County Hospital District Board of Directors by an overwhelming members of the community demonstrating the community’s support and faith in him. Judge Saucedo added that he too had faith in Valdez and was confident that Valdez is “going to take the fight to the fight” for the benefit of Maverick County citizens and do as good a job as he has done at the Maverick County Hospital District Board of Directors. Judge Saucedo stated that he is glad that Valdez has accepted the challenge to become County Treasurer and come on board at Maverick County.
County Judge Saucedo administered the oath of office to Rito Valdez, III, and then Valdez duly executed his oath of office and bond as County Treasurer.
Newly sworn-in Maverick County Treasurer Rito Valdez, III, stated that he was very appreciative of the opportunity that Judge Saucedo and County Commissioners Court have presented him as County Treasurer and the privilege to be a part of this administration as County Treasurer. County Treasurer Valdez stated that his intentions are to work with humility and dignity just as he was raised. Valdez stated that he looks forward working with the citizens of Maverick County and that his office is open to the public. Valdez added that he is glad and privileged that County Judge Saucedo invited him to join his administration.
An issue raised by Valdez’s appointment as County Treasurer is whether Valdez has a conflict of incompatibility as a dual office holder as a Maverick County Hospital District Board of Director and now as Maverick County Treasurer under Texas law. Article XVI, section 40 of the Texas Constitution provides that “no person shall hold or exercise at the same time, more than one civil office of emolument.” Both the Maverick County Hospital District Board of Director and Maverick County Treasurer positions are “offices” in that the holders of said offices exercise a sovereign function of government “largely independent of the control of others.” An emolument is a “pecuniary profit, gain or advantage” including any amount received in excess of actual expenses. Since the Maverick County Hospital District Board of Director position does not receive any emolument or compensation, a plausible argument is that Valdez does not have a conflict under Article XVI, section 40 of the Texas Constitution.
However, a possible a issue may still arise under the common-law doctrine of incompatibility of conflicting loyalties. This arises when one person seeks to be a member of two governing boards with overlapping jurisdictions. For example, if two governmental bodies have contracts with each other, one person may not serve as a member of both. Conflicting loyalties may also arise where one governmental body has authority to impose its will on the other in any matter whatsoever. Currently, the Maverick County Hospital District has contractual relations with the County of Maverick, possibly raising issues for Valdez’s dual office holding. If a conflict of common-law incompatibility of conflicting loyalties is found to exist, the dual office holder automatically resigns from the first office.
In an Office of the Attorney General of the State of Texas Opinion No. JC-0490, dated April 15, 2002, then Texas Attorney General John Cornyn opined that a County Treasurer is not, as a matter of law, barred by either article XVI, section 40, or the common-law doctrine of incompatibility from holding the Office of Trustee of an independent school district within his or her county. However, Attorney General Cornyn cautioned that article XVI, section 65 of the Texas Constitution, may complicate such dual service in the long term because that provision effects the automatic resignation from office of certain county and district officers, including County Treasurers, who announce their candidacy or become a candidate for another office of profit or trust “at any time when the unexpired term of the county or district office then held shall exceed one (1) year.
Prior to the commencement of the press conference, County Judge Saucedo told Valdez that he had just gotten off the telephone with legal counsel and that legal counsel had told him that they have him covered on all grounds. The pair proceeded to walk into the County Commissioners Courtroom and held the press conference, swearing-in, and oath of office.
Maverick County citizen Jose Reyna is concerned with new County Treasurer Rito Valdez, III, possible common-law doctrine conflict of incompatibility issue and is requesting that Maverick County Commissioners Court and the Maverick County Hospital District Board of Directors seek a legal opinion from the Office of the Attorney General of the State of Texas to determine the issue for Maverick County citizens.
