Maverick County Commissioners Court to discuss possible rescission of prior order stopping salary payment to County Auditor
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court is holding a special meeting on Monday, December 1, 2014, at 5 P.M. at the Commissioners Courtroom located at the Maverick County Courthouse, 500 Quarry Street, in Eagle Pass, Texas, to discuss and take possible action on order of rescission of prior order rescinding the salary payment of County Auditor Fidencio Ortiz after receiving an Order from 365th Judicial District Judge Amado J. Abascal, III, on Friday, November 21st, vacating the Commissioners’ Court decision on November 17th to stop the salary payment of the County Auditor. An agenda was posted on Tuesday, November 25th, at 5 P.M. by County Judge David R. Saucedo.
District Judge Abascal issued an Order vacating Commissioners’ Court decision on November 17th to stop the salary payment of County Auditor Ortiz because their action was unconstitutional, unlawful, null and void as only the state district judges who appoint the County Auditor have the authority to appoint, pay or terminate payment of salary, and remove a County Auditor.
Judge Abascal also ordered Commissioners’ Court to rescind their November 17th decision to stop the salary payment of County Auditor Ortiz for the same legal reasons.
It is well-known that Maverick County Commissioners Court disapprove of County Auditor Ortiz, who was appointed by state district judges Abascal and Cynthia Muniz, and unanimously approved a resolution of no confidence against County Auditor Ortiz seeking to have him terminated, changed, or not be re-appointed at a May 5, 2014 Commissioners’ Court meeting. Commissioner Roberto Ruiz introduced this resolution and has spearheaded Commissioners’ Court efforts to oust County Auditor Ortiz.
The County Auditor plays a vital role in Texas county government as they are responsible for reviewing and approving all of Commissioners’ Court expenditures of county budget funds. State law provides the County Auditor to be independent of Commissioners’ Court by requiring their appointment, payment, and removal be done by the state district judges of a county. The County Auditor plays a vital checks and balances role of all Commissioners’ Court expenditures of county funds.
Judge Abascal’s November 21st Order vacating Maverick County Commissioners’ Court decision of November 17th to stop the salary payment of County Auditor Ortiz reflects the historic and current law concerning County Auditors.
Maverick County Commissioners Court includes County Judge David R. Saucedo and County Commissioners Roberto Ruiz, Asalia Casares, Jose Luis Rosales, and Gerardo “Jerry” Morales.
The Maverick County Commissioners Court special meeting on Monday, December 1, 2014, at 5 P.M. at the Maverick County Courthouse is open to the public.
UPDATE AS OF NOVEMBER 26, 2014 AT 12:10 P.M.
Maverick County Judge David R. Saucedo filed a new Agenda for the Maverick County Commissioners Court special meeting scheduled for Monday, December 1, 2014, at 5:00 P.M. on Wednesday, November 26, 2014, at 12:10 P.M. adding two additional agenda items regarding the County Auditor situation as well as several other County business items.
Now, the newly filed Agenda for the Maverick County Commissioners Court special meeting of December 1st includes Agenda Item No. 19 which calls for the “discussion and possible action for Maverick County to begin identifying a legal firm to advise Commissioners’ Court on issues regarding the County Auditor” placed by County Commissioner Roberto Ruiz and Agenda Item No. 20 calling for the “discussion and possible action to replace County Auditor with another authorized County official on signature of checks at all banking institutions to the extent authorized by law” placed by County Commissioner Roberto Ruiz.
These two new Agenda items placed by Precinct 4 Commissioner Roberto Ruiz for the December 1st special meeting of Commissioners Court clearly indicates that Commissioner Ruiz is requesting Commissioners’ Court to hire or retain a new law firm to advise them on the very same issues they created regarding County Auditor Fidencio Ortiz in addition to existing private General Counsel Poncho Nevarez, who is already on the Maverick County payroll, and the willingness to spend additional Maverick County monies for legal advice while not heeding 365th Judicial District Judge Amado J. Abascal, III’s stern and straightforward November 21st Order vacating Commissioners’ Court decision on November 17th to stop the salary payment of County Auditor Ortiz.
Furthermore, Agenda Item No. 20 clearly demonstrates Commissioner Ruiz’s request to Commissioners’ Court to replace County Auditor Fidencio Ortiz with another authorized County official on the signature of all Maverick County checks at all banking institutions” with disregard to Judge Abascal’s November 21st Order to Commissioners’ Court to rescind their November 17th decision regarding County Auditor Ortiz.
This dispute between Maverick County Commissioners Court, spearheaded by Commissioner Ruiz, with County Auditor Fidencio Ortiz is going to cost Maverick County taxpayers significant sums of monies regardless of the legal outcome, including potential legal action by one or more parties.
