State District Judges Abascal and Muniz to hold special meeting to appoint County Auditor

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

According to a public notice published in a local newspaper, state District Judges Amado J. Abascal, III, of the 365th Judicial District Court and Cynthia Muniz of the 295rd Judicial District Court will hold a “special meeting, pursuant to Section 84.003 of the Texas Local Government Code,…in open court on October 10th, 2014, at 5 P.M., in the District Courtroom in the Maverick County Courthouse, [in] Eagle Pass, Texas. The purpose of the said meeting will be to appoint the County Auditor of the Maverick County, Texas.”

Current Maverick County Auditor, Fidencio Ortiz, appointment term expired at the end of September 2014 after being appointed by Judges Abascal and Muniz during late 2012 after a long vacancy arising from the resignation of former County Auditor Carlos Pereda. The County Auditor is appointed for a two year term by the state district judges.

It is no secret that a Maverick County Commissioners Court majority comprised of County Judge David R. Saucedo and Commissioners Roberto Ruiz, Jerry Morales, and Asalia Casares seek the removal of County Auditor Fidencio Ortiz as they approved a resolution at a May 5, 2014 Commissioners Court meeting requesting the removal of Ortiz, alleging non-compliance with his official duties and responsibilities. During 2011, Maverick County sustained a $2.3 Million budget deficit. Similarly, in 2012, Maverick County suffered another $2.3 Million budget deficit. The 2013 Maverick County Audit is incomplete and pending while already late according to Texas state filing requirements. Under Texas law, the County Judge is the chief financial officer of a county government.`

In addition, Maverick County is being investigated by the United States Federal Bureau of Investigation (FBI) for corruption, bribery, and kick-back scheme involving County public construction funds during 2009 through 2011, which has already netted over 30 persons indicted including former County Commissioners Rudy Heredia, Cesar Flores, and Eliaz Maldonado, whom plead guilty and are awaiting sentencing in federal court in Del Rio, Texas. During this period between 2009 through 2011, the lack of proper and professional auditing oversight contributed to the abuse of the checks and balances system of Maverick County funds.

Prior to Ortiz’s appointment, the County Auditor position languished vacant for a long time while a staff employee was placed in charge of the important financial oversight position in Maverick County. The County Auditor is an extremely important position to maintain the financial integrity of a county government. It is unknown whether County Auditor Ortiz will be reappointed or a new County Auditor will be appointed as being requested by a majority of Maverick County Commissioners Court.

If Judges Abascal and Muniz agree to reappoint Ortiz, he will receive a new two year term of office. In the event Judges Abascal and Muniz disagree on Ortiz’s reappointment or the appointment of another person as County Auditor, the Judges will write to Governor Rick Perry to request that a third state district judge be appointed to hold another special meeting to determine the reappointment of Ortiz or the appointment of another person as County Auditor. It is important that the County Auditor is an independent, professional, and non-partisan individual free from County Commissioners Court influences to maintain the financial integrity of Maverick County.

According to the public notice, the special meeting of Judges Abascal and Muniz is open to the public and are welcomed to attend.