Maverick County Commissioners Court tabled withholding of County Auditors salary

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

Maverick County Commissioners Court tabled withholding County Auditor Fidencio Ortiz’s salary until his employment status is resolved at their Monday, November 10, 2014, Regular Meeting.

Maverick County Commissioners Court comprised of County Judge David R. Saucedo and County Commissioners Roberto Ruiz, Asalia Casares, and Gerardo “Jerry” Morales went into Executive Session during Agenda Item No. 25 (2) to consult with Maverick County General Counsel Poncho Nevarez pursuant to Section 551.074, Texas Open Meetings Act, of Chapter 551 of the Texas Government Code regarding “withholding salary of County Auditor until his employment status is resolved.” Commissioner Jose Luis Rosales was absent at the meeting.

After returning into Open Session, Maverick County Commissioners Court led by Judge David R. Saucedo called for this agenda item concerning the withholding of the County Auditor’s salary be tabled at this time and that the agenda item will be revisited in the future. No action was taken.

Maverick County Commissioners Court feud with County Auditor Fidencio Ortiz continues and remains unresolved. Under state law, the County Auditor is appointed by the District Judges, not Commissioners Court. County Auditor Ortiz was appointed by District Judges Amado J. Abascal, III, and Cynthia Muniz in late 2012 to fill the long-standing vacancy created by the resignation of former County Auditor Carlos Pereda.

County Auditor Ortiz’s appointment period lapsed on September 30, 2014, and was the only applicant for appointment as County Auditor. County Auditor Ortiz has continued working as Maverick County Auditor after September 30th since he or no other person has been appointed to the County Auditor position, which has a two year term of appointment.

At a special meeting held on October 10, 2014 between District Judges Abascal and Muniz regarding the appointment of a Maverick County Auditor, the two state District Judges split on the appointment of Fidencio Ortiz to a new term as County Auditor with Judge Abascal in favor while Judge Muniz was not in favor.

As a result of the two District Judges split, state law requires that Maverick County write to Texas Governor Rick Perry and request that he appoint a third state District Judge to the panel to determine the appointment of a County Auditor. Maverick County is now doing this. It is unknown how long Governor Perry’s office will take to appoint a third District Judge and when a meeting date will be scheduled to decide the appointment of a County Auditor as a result of the recent November 4th election.

If Governor Perry fails to act on this request before his term expires, then newly-elected Governor Greg Abbott will get to appoint the third District Judge. It may be several weeks or months before this issue is resolved.

Maverick County Commissioners Court earlier this year on May 5, 2014, unanimously approved a resolution of no confidence against County Auditor Ortiz. It is well-known that Maverick County Commissioners Court seeks the termination of County Auditor Ortiz and the appointment of a new person as County Auditor.

According to state law, the County Auditor’s role is to maintain the integrity of financial administration of a County government. The County Auditor’s primary duty is to oversee the financial record keeping of a County, and to assure that all County expenditures comply with the County budget. The County Auditor is not under the control of Commissioners Court. The County Auditor is under the control of state District Judges Abascal and Muniz.

Although Commissioners Court is the County budgeting body in County government, the integrity of financial administration of a County is entrusted to a “dual checks and balances” system under state law with both the County Auditor and Commissioners Court required to approve or reject the disbursement of County funds. The County Auditor has general oversight of the financial books and records of all County officials, including Commissioners, and charged with strictly enforcing laws governing the County finances.

Prior to County Auditor Ortiz’s appointment in late-2012, Maverick County experienced the largest corruption investigation by the U.S. Federal Bureau of Investigation (FBI) and Texas Rangers regarding the bribery, bid-rigging, kick-backs, and/or misuse of public funds, resulting in over 28 persons indicted of which most have plead guilty and are awaiting sentencing in February 2015 by U.S. District Judge Alia Moses for the Western District of Texas, Del Rio Division, in Del Rio, Texas, including former County Commissioners Rudy Heredia, Cesar Flores, and Eliaz Maldonado and the Maverick County Solid Waste Authority General Manager Hector Daniel Chavez, Jr.

Maverick County Commissioners Court in their May 5, 2014 resolution against County Auditor Ortiz allege he is not fulfilling his duties while Ortiz denies these allegations.

The appointment of a County Auditor issue will remain unresolved until Governor Perry’s office appoints a third District Judge and a special meeting is held to appoint a County Auditor.