Maverick County Commissioners Court seek to hire Independent Auditor to audit County Auditor’s books & records

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court feud with County Auditor Fidencio Ortiz escalates to a new level as Commissioners Court is now seeking to approve a resolution authorizing the employment of an expert accountant or auditor to audit all books, records, and accounts of the County Auditor and to waive the County’s professional services employment policies “due to time constraints on issues dealing with the County Auditor,” according to the Maverick County Commissioners Court agenda posted on December 24, 2014, at 11:45 A.M. scheduling a special meeting for Monday, December 29, 2014, at 5 P.M. at the Maverick County Courthouse in Eagle Pass, Texas.

It is well-known that the Maverick County Commissioners Court are dissatisfied with County Auditor Ortiz at least since May 5, 2014, when they approved a county resolution of no confidence and removal of County Auditor Ortiz and the subsequent request to the state District Judges, Amado J. Abascal, III, and Cynthia Muniz, that they not re-appoint Ortiz as County Auditor after the expiration of his two year term on September 24, 2014.

District Judges Abascal and Muniz split on their vote to re-appoint Ortiz as County Auditor at an October 10, 2014, special meeting with Abascal voting in favor while Muniz against, requiring that the Texas Governor’s Office be requested to appoint a third District Judge to form a panel with Judges Abascal and Muniz to determine who should be appointed as County Auditor for Maverick County, according to state law. This request has already been made and a response from Governor Rick Perry’s office on the appointment of the third District Judge is pending. Once this is done, a special meeting of the three District Judges will be held to decide who should be appointed County Auditor for Maverick County. Ortiz continues as County Auditor until either he is re-appointed or a successor is appointed, according to state law. State law requires that a County Auditor be appointed, replaced, or terminated by the District Judges in the County. Commissioners Court do not have the power to appoint, replace or terminate a County Auditor.

While the appointment of a third District Judge is made by Governor Rick Perry, Commissioners Court has waged an ongoing battle with County Auditor Ortiz, including approval of a resolution calling for stopping payment of his County Auditor’s salary on November 17, 2014. This action by Commissioners Court caused 365th Judicial District Judge Abascal to issue an Order vacating Commissioners Court action to stop County Auditor Ortiz’s salary payment on November 21, 2014.

Faced with the possibility of being subjected to a Show Cause Order for disobeying Judge Abascal’s Order to Vacate, Maverick County Commissioners Court backed down from their previous action to stop payment of County Auditor Ortiz’s salary and rescinded their decision on December 1, 2014.

Maverick County Commissioners Court approved the hiring of an attorney as special counsel to Commissioners Court to advise them on their legal rights and remedies regarding their dispute with County Auditor Ortiz on December 8, 2014. Commissioners Court hired San Antonio, Texas attorney, Luis R. Vera, Jr. to represent them on the County Auditor legal matter.

Commissioners Court criticized County Auditor Ortiz at their December 16, 2014, meeting, presenting Certified Public Accountant Milo Martinez of Martinez Rosario & Company, LLP of San Antonio, Texas, hired by Commissioners Court to do Maverick County’s 2010, 2011, 2012, and 2013 independent audits, to provide a status report on the already late 2013 county audit. Martinez essentially laid blame for the delays on the 2013 county audit on the County Auditor. County Auditor Ortiz was unable to attend this Commissioners Court meeting due to a previously scheduled medical appointment with his doctor in San Antonio.

County Auditor Ortiz held a press conference on December 19, 2014, to clarify the status of the 2013 county audit and dispel any misinformation provided by Martinez at the December 16th Commissioners Court meeting.

In the event that Maverick County Commissioners Court should approve the resolution to employ an expert accountant or auditor to audit the books, records, and documents of County Auditor Ortiz, Maverick County taxpayers will have to pay for these professional services just like they are for special counsel Luis R. Vera, Jr.

Maverick County Commissioners Court includes County Judge David R. Saucedo and Commissioners Gerardo “Jerry” Morales, Asalia Casares, Jose Luis Rosales, and Roberto Ruiz.

Maverick County is undergoing its worst corruption, bribery, and kick-back payment scheme investigation by the U.S. FBI and Texas Rangers regarding county public construction contracts during 2009 through 2012, resulting in the indictment of over 30 persons including three former Maverick County Commissioners. The FBI and Texas Rangers investigation is believed to be active and ongoing.

Maverick County Commissioners Court meeting on Monday, December 29, 2014, at 5 P.M. at the Maverick County Courthouse is open to the public.