District Judges to hold Maverick County Auditor Meeting on March 20th
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
A three-judge panel of state district judges will hold a special meeting on Friday, March 20, 2015 at 9 A.M. at the Maverick County Courthouse, 500 Quarry Street, in Eagle Pass, Texas to determine the selection of a County Auditor for Maverick County, Texas after the two County district judges split on October 10, 2014.
State District Judges Cynthia Muniz, Amado J. Abascal, III, and Camille Dubose (Uvalde County) will meet to decide if current Maverick County Auditor Fidencio Ortiz will be re-appointed to a new two-year term or whether another applicant, if any, should be appointed as the new Maverick County Auditor.
Maverick County is reeling from the worst financial crisis and public corruption investigation by the Federal Bureau of Investigation (FBI), which has already convicted at least 17 persons, including former County Commissioners Rudy Heredia, Eliaz Maldonado, and Cesar Flores while indicting current County Commissioner Jose Luis Rosales. The FBI investigation has focused on public corruption in Maverick County involving public construction contracts during 2009 through 2012, including bribery, kick-back scheme, theft of government funds, and bid-rigging.
U.S. District Judge Alia Moses for the Western District of Texas, Del Rio Division, in Del Rio, Texas recently sentenced 17 defendants from the Maverick County corruption investigation, including sentencing former Maverick County Commissioners Rudy Heredia, Eliaz Maldonado, and Cesar Flores to maximum sentences of 10 years each in federal prison.
Another defendant sentenced by Judge Moses was Alejandra Garcia, a former Maverick County Assistant Auditor, who was sentenced to 109 months in federal prison for her role in the County Commissioners-led corruption scandal.
Maverick County Auditor Fidencio Ortiz was appointed on September 24, 2012 by District Judges Amado J. Abascal, III, and Cynthia Muniz to oversee the County auditing process after an approximate nine-months period without a full-time, permanent County Auditor.
Ortiz inherited a Maverick County financial system in total disarray which was over 10 years in the making and has been working to reestablish financial reporting systems and integrity to the checks and balances system between County Commissioners Court and the general Maverick County budget as provided by Texas law, ruffling the feathers of the current Maverick County Commissioners Court.
On May 5, 2014, Maverick County Commissioners Court approved a resolution of no confidence and requesting District Judges Abascal and Muniz to remove County Auditor Ortiz, commencing a long-standing battle to oust Ortiz as County Auditor.
County Auditor Ortiz’s two year term expired on September 24, 2014, but he remained as County Auditor until he is re-appointed or a new County Auditor is appointed by the County District Judges Abascal and Muniz.
At a special meeting held on October 10, 2014, District Judges Abascal and Muniz split on whether to re-appoint Ortiz as County Auditor with Abascal in favor and Muniz against. The split between the two County District Judges caused them to request former Texas Governor Rick Perry to appoint a third district judge to form a three-judge panel to determine the appointment of a County Auditor for Maverick County.
Former Texas Governor Rick Perry appointed District Judge Camille Dubose of Uvalde County, Texas as the third District Judge.
Meanwhile, Maverick County Commissioners Court has increased their opposition and tactics to oust Maverick County Auditor Fidencio Ortiz from office by appointing and hiring special legal counsel Luis Vera, Jr. of San Antonio, Texas to advise Commissioners Court as to their legal rights concerning the County Auditor situation. Texas law clearly provides that only the County District Judges can appoint or terminate the County Auditor, not Commissioners Court. Nonetheless, Maverick County Commissioners Court approved a resolution and an Order directing District Judges Abascal and Muniz to terminate Ortiz as County Auditor, threatening to seek a Writ of Mandamus before the Texas Fourth Court of Appeals in San Antonio, Texas if they do not remove Ortiz.
After several unsuccessful attempts to schedule a meeting of the three district judges, the three judges have finally agreed to hold their special meeting on Friday, March 20th. The judges have agreed to allow each party or County Auditor candidate present four witnesses and have them write any questions they may have in advance of the March 20th meeting and a written response due one week before the March 20th meeting.
Maverick County Commissioners Court will be represented by County Judge David R. Saucedo, County Commissioner Precinct 4 Roberto Ruiz, CPA Milo Martinez of Martinez Rosario & Company, LLP of San Antonio, Texas, and County Treasurer Rito J. Valdez, III. County Auditor Ortiz also will present four witnesses in support of his candidacy for re-appointment. In the event of any new candidates, they will also be allowed to present four witnesses in support of their candidacy.
Maverick County taxpayers are relieved that the three-judge District Judges panel will finally meet on March 30th and decide who should be appointed or re-appointed as Maverick County Auditor for a two-year term.
