Maverick County Commissioners approve resolution against County Auditor
By: Jose G. Landa, Copyright 2014
Maverick County Commissioners Court displeasure with County Auditor Fidencio Ortiz escalated in the approval of a resolution against County Auditor Fidencio Ortiz at a meeting of Commissioners Court held on Monday, May 5, 2014.
Maverick County is in the midst of the worst corruption investigation by the Federal Bureau of Investigation (FBI) regarding corruption, bribery, kickback scheme, and wrongdoing in the awarding of County public construction contracts during 2009 through 2012, resulting in over 30 persons indicted including three former Maverick County Commissioners who have pleaded guilty to at least one count in federal court in Del Rio, Texas.
Maverick County also has sustained $2.3 Million losses back to back in its 2011 and 2012 fiscal budgets, totaling $4.6 Million. Pending is the 2013 County Audit.
County Auditor Fidencio Ortiz is appointed by 365th Judicial District Judge Amado J. Abascal, III and 293rd Judicial District Judge Cynthia Muniz pursuant to state law. County Auditor Fidencio Ortiz was appointed sometime in 2012 by the district judges.
According to state law, the County Auditor maintains the integrity of financial administration of county government. The County Auditor’s primary duty is to oversee financial record-keeping for the county, and to assure that all expenditures comply with the county budget. The County Auditor is not under the control of Commissioner’s Court. While Commissioner’s Court Court is the budgeting body in county government, both the County Auditor and Commissioner’s Court are required by law to approve or reject claims for disbursement of county funds. The integrity of county financial administration is entrusted to a dual control system of “checks and balances.” The County Auditor has general oversight of all the books and records of all county officials and is charged with strictly enforcing laws governing county finances.
Maverick County Commissioner of Precinct 4, Roberto Ruiz, who is seeking election to a full four year term and is in a run-off election in the Democratic Party Primary, is a strong advocate for replacing County Auditor Fidencio Oritz.
Agenda item No. 27 was presented by Maverick County Judge David R. Saucedo regarding the discussion and possible action of approving a resolution of no-confidence against County Auditor Fidencio Oritz. County Judge Saucedo, too, is seeking re-election to another four year term in the November General Election after being unopposed in the Democratic Party Primary. Judge Saucedo called for the item into motion and Commissioner Ruiz made the motion in favor of the resolution and seconded by Maverick County Commissioner of Precinct 2 Asalia Casares.
The item was then opened for discussion.
“Judge this is a very important resolution and I have had it ready for more than a week. If you don’t mind I would like to read the resolution. This is resolution in support of the changing of the Maverick County Auditor as presented by Martinez, Rosario & Company LLP. to the Maverick County Commissioners Court on March 27, 2014. I want to make sure that the record shows that this information comes mostly from the recommendation of the independent Auditors,” said Commissioner Ruiz. Ruiz proceeded to read the resolution into the record requesting that County Auditor Fidencio Ortiz be replaced and changed by the district judges for various alleged non-compliance of of his County Auditor responsibilities and obligations documented by Independent Auditor Milo Martinez of Martinez, Rosario & Company LLC of San Antonio, Texas.
Maverick County Judge David Saucedo then asked the Commissioners Court if they had any comments to add, which there were no further comments.
Judge Saucedo then asked Maverick County Legal Counsel Poncho Nevarez if the Commissioners Court have within its power to pass such a resolution.
Nevarez answered that the Court has within its power to pass whatever resolution they want.
Nevarez further stated that it was independent of what happens. “ It’s not policy.” Said Nevarez .
“ The decision to be made is by the District Judge,” added Saucedo.
Nevarez concurred with Saucedo’s statement. Nevarez further stated that Commissioners Court doesn’t have the authority to make such decision.
Judge Saucedo stated that he thought that it was sad that it had come to this and that his wishes were to be able to work something out.
“ We are concerned how it is affecting any funding that comes into Maverick County. As Maverick County finds itself in a situation where we are trying to make it through and get on the right track. But when we continue to have late Audits it makes it very difficult,” added Saucedo.
Commissioners Court then voted unanimously in favor of passing the resolution in support of the independent Auditors recommendation to change the current Maverick County Auditor. Commissioner Jose Luis Rosales was absent at the meeting.
County Auditor Fidencio Ortiz was not an employee of the County of Maverick during the years 2009, 2010 and 2011 that were mentioned in the resolution in support to replace him. However, Maverick County Judge David R. Saucedo did state that those years were set in the resolution due to the unwillingness of the present County Auditor to perform any type of audit work for those years, thus affecting the entire scope of what his responsibilities as an auditor call for.
The following day, County Judge Saucedo and Commissioner Ruiz held a press conference at the Maverick County Courthouse on May 6, 2014, to inform the community that the approved resolution had been presented to both District Judges with a letter of disclosing the Commissioners Court lack of confidence and request to change County Auditor Fidencio Ortiz.
Judge David Saucedo and Commissioner Ruiz both stated that it was a difficult situation but that the proper steps of action to resolve the issue needed to be taken and that they would hope that the District Judges take the appropriate steps to resolve the problem.
County Auditor Fidencio Ortiz denies the allegations of Commissioners Court.
Commissioners Court will await the decision, if any, by the two state district judges of their request to change the County Auditor.
