Maverick County Commissioners Court approve to rescind previous Order to stop salary payment of County Auditor
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court unanimously approved to rescind its previous November 17, 2014 Order to stop the salary payment of Maverick County Auditor Fidencio Ortiz in order to comply with 365th Judicial District Judge Amado J. Abascal, III, Order to Vacate issued on November 21, 2014, while remaining defiant on the legality of the County Auditor’s appointment issue as evident by their approval to seek special legal counsel to advise Commissioners’ Court on the County Auditor matters and tabling another agenda item to remove the County Auditor from all Maverick County bank accounts to a future meeting.
Maverick County Judge David R. Saucedo requested Commissioners Court to table Agenda Item No. 20 calling for the discussion and possible action to replace the County Auditor with another authorized County official on signature of checks at all banking institutions, pursuant to Commissioner Roberto Ruiz’s request. Commissioners Court concurred and tabled this agenda item to a future meeting.
Judge Saucedo proceeded to request Commissioners Court to take Agenda Item No. 19 calling for the discussion and possible action for Maverick County to identify a legal firm to advise Commissioners Court on issues regarding the County Auditor out of order and ahead of other agenda items pursuant to Commissioner Ruiz’s request. Commissioners Court consented and proceeded to address this agenda item.
Commissioner Ruiz stated he had placed this item on the agenda because he personally believes Commissioners Court needs special legal counsel with expertise on Administrative Law to advise them on legal issues pertaining to the County Auditor. Maverick County General Counsel Poncho Nevarez has provided legal counsel to Commissioners Court on the County Auditor legal issues to date, but apparently Commissioner Ruiz seeks additional legal counsel to advise Commissioners Court.
Commissioner Ruiz acknowledged that the hiring of special legal counsel requires Commissioners Court to follow certain procedures. Judge Saucedo confirmed Commissioners Court must follow certain procedures such as advertising for and requesting Request for Proposals from interested law firms, but the process allows for certain waivers of these requirements such as when time is of the essence and immediate legal deadlines to meet.
Judge Saucedo asked Commissioner Ruiz if he had any particular law firm in mind. Ruiz replied that he did not but they could start looking for one tomorrow. Commissioner Gerardo “Jerry” Morales questioned if the hiring of special legal counsel would come under the “professional services” budget. Judge Saucedo responded “Yes.” Commissioner Jose Luis Rosales questioned what specifically would special legal counsel be asked to do. Commissioner Ruiz stated that special legal counsel would be requested to research and advise Commissioners Court on all legal issues concerning the County Auditor situation, including transpired and future issues. Ruiz stated special legal counsel would clarify all the legal issues which have transpired, remain unanswered, and advise Commissioners Court of its legal rights concerning the County Auditor situation.
Judge Saucedo stated he had gone to the Maverick County District Clerk’s office to obtain a copy of District Judge Amado Abascal’s Order to Vacate and learned that a formal complaint was not filed nor a specific cause number issued to his Oder to Vacate and these would be legal issues for special legal counsel to research and advise Commissioners Court.
No discussion was held why Maverick County General Counsel Poncho Nevarez’s legal services require supplementation with special legal counsel. The hiring of a special legal counsel will cost additional monies to Maverick County. Maverick County taxpayers will have to pay for two law firms in essence as Nevarez’s firm is already on a monthly retainer.
Judge Saucedo called for a vote Agenda Item No. 19 and Commissioners Court unanimously approved to identify a law firm to advise them on legal issues related to the County Auditor situation. It is unknown if Commissioners Court will seek a waiver of procedural requirements to advertise and receive Requests for Proposals from interested law firms.
Judge Saucedo proceeded to call Agenda Item No. 12 regarding the discussion and possible action to rescind Commissioners Court previous order to stop the salary payment of County Auditor Fidencio Ortiz. Judge Saucedo stated he had placed this item on the agenda in response to and out of respect for District Judge Abascal’s November 21st Order requiring Commissioners Court to rescind and vacate their November 17th order stopping payment of County Auditor Fidencio Ortiz’s salary.
Commissioner Ruiz questioned Maverick County Treasurer Rito J. Valdez, III, if Maverick County had paid County Auditor Fidencio Ortiz last week. Valdez replied “Yes.” Ruiz asked Valdez how come the County Auditor had been paid. Valdez replied that he had met with Judge Saucedo and they had decided to pay County Auditor Fidencio Ortiz to comply with Judge Abascal’s Order to Vacate and pay the County Auditor. Ruiz complained that the pending agenda item was moot and did not require Commissioners Court take any action. Judge Saucedo stated that he had a county government to run and that he was going forward with county government. “I want to make sure that the law is followed,” said Judge Saucedo.
Judge Saucedo stated that “But at the same time in essence to keep government running the way it needs to, let’s do what it says here. What’s to say you don’t get an Order from the other District Judge that says why are you paying this man. I don’t believe we would but it is in the realm of possibilities. And that’s why we are getting outside legal counsel to look at this. Am I correct?” Commissioner Ruiz agreed with Judge Saucedo.
Commissioner Ruiz stated that he would vote to rescind the previous order to stop the salary payment of County Auditor Fidencio Ortiz “in order to keep government running” but “under protest” because he believes the procedures for appointing a County Auditor have not been complied since only one District Judge signed the order of appointment while the second District Judge has not. “At the moment, we don’t have a County Auditor. He has not taken an Oath of Office since his position officially ended on September 24, 2014,” said Commissioner Ruiz. “District Judge [Cynthia] Muniz did not extend his contract,” added Commissioner Ruiz. “I based my vote on the fact that we don’t have an Order” signed by both District Judges appointing Fidencio Ortiz as County Auditor, stated Commissioner Ruiz.
Judge Saucedo called Agenda Item No. 12 for a vote and Commissioners Court unanimously approved to rescind their previous November 17th order to stop the salary payment of County Auditor Fidencio Ortiz.
This County Auditor legal situation is far from over as evident by Commissioners Court unanimously approving to identify or hire a legal firm as special legal counsel to advise them on the past, present, and future legal issues arising from this County Auditor dilemma.
