Commissioners Court approves hiring an Expert for Coal Mine litigation
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court approved to hire an expert for the pending litigation case against Dos Republicas Coal Partnership’s Eagle Pass Mine permit pending in the Texas Commission on Environmental Quality (TCEQ) to expand its coal mining waste water discharge permit into Elm Creek and the Rio Grande River at their special meeting held on Thursday, June 11, 2015 on a split 3 to 1 vote.
Commissioners Court went into Executive Session to consult with legal counsel regarding the pending TCEQ permit case concerning the expansion of Dos Republicas’ coal mining wastewater discharge permit into Elm Creek and the Rio Grande. Upon return to Open Session, County Judge David R. Saucedo called for a motion and County Commissioner of Precinct 1 Gerardo “Jerry” Morales motioned to authorize legal counsel to hire an expert to represent Maverick County in the pending TCEQ Dos Republicas’ water discharge permit.
“I motion to instruct the attorney to hire an expert,” said Commissioner Morales.
Judge Saucedo asked for a second to the motion and after a delay he proceeded to step down and seconded Morales’ motion.
Commissioners Court held a heated discussion before taking a vote on the agenda item to hire an expert in the pending TCEQ Dos Republicas’ water discharge permit case.
County Commissioner of Precinct 4 Roberto Ruiz stated that he would like for it to be stated for the record how much this additional expense was actually going to cost.
Judge Saucedo asked legal counsel Woody Wilson if there would be a problem with stating the amount.
“No, I don’t believe that it would be a concern,” said legal counsel Wilson. It is public information and the public is entitled to know.
Commissioner Ruiz, a long time supporter of the Dos Republicas’ coal mine since his earlier days in the 1990s as a Commissioner, jumped and proclaimed: “ These are public funds.”
Judge Saucedo replied “Yes, I know. I am asking for direction from Legal Counsel.”
Wilson replied that he understood that they were public funds but that it was also involving a litigation matter and “So, there are exemptions also.”
Commissioner Ruiz snapped back and stated: “I object to that, because we as public officials, even though we are going to spend money here, it’s going to be more expensive and it is something that is close to everybody’s heart in this community. But we have done our share and by my understanding, Maverick County has spent over $250,000 already. For us to keep spending more, I think we have done enough. I think more people should pitch in, if necessary. Maverick County is in dire economic straits. Only on Monday we were informed that it will be necessary for the County to perhaps go and ask for a loan of $1,500,000. We need to be very careful on the funds that we have, so I think the County, with all due respect, it is a noble idea but funds are already dry. That is my concern on what has been spent.”
Judge Saucedo explained to Commissioner Ruiz that he was getting an opinion from legal counsel on what Ruiz had requested.
Wilson added that there was no concern on the amount being divulged.
“It’s an additional amount and that is what I’m saying, we can’t afford it anymore “ added Commissioner Ruiz.
“What are you asking? I know you’re taking a stand as to, I’m opposed to this expenditure,” said Judge Saucedo.
Commissioner Jerry Morales jumped in and replied: “I believe that the cost of our health and of our residents comes at no price. As discussed in close session, I believe we should take a vote.”
Commissioner Ruiz again emphasized that his argument is about the County’s economic stance and how the county should be wary of expenditures, especially since the county could be at the verge of seeking funds from an outside source due to a financial shortage.
“There should be a ceiling as to how much we can spend. We all are voting for a particular reason and we’re voting our conscious, regardless as to how much it hurts, but this is everybody’s funding and the funding that we have is not there. We went to bat already. We’ve gone through many different steps. What is it are we going to go all the way to the Supreme Court. What are we going to say, let’s go to the Supreme Court, when all the appeals have been negated. What does that tell you?,” said Commissioner Ruiz.
Judge Saucedo stated that he understood Commissioner Ruiz’s argument concerning the delicate financial status of the County, but that he disagreed with Commissioner Ruiz and actually agreed with Commissioner Morales that the health, safety, and welfare of our County residents comes first and is most important.
“What’s right is right. This is no different than when we were losing millions of dollars, hemorrhaging funds because we had a county auditor who refused to submit a plan of action so our monies would become unfrozen,” said Judge Saucedo.
Judge Saucedo noted that the County had to go hire attorneys and spend public funds to right the wrong and that those actions did not come into question about how much money was being spent on it because it was to supposed to save the taxpayer. Judge Saucedo was referring to Commissioner Ruiz’s steadfast support to spend public funds to remove former County Auditor Fidencio Ortiz without objection, but now he is complaining of spending public funds for hiring an expert in the pending Dos Republicas’ coal mine case.
“Whatever it costs, it assured that we as a county were protected,” said Judge Saucedo.
“We have a responsibility as a county, as an administration and as a board to represent the feelings of our community. To represent what our people feel is important,” added Judge Saucedo.
“You have the right to vote against that, but don’t base it on that we have spent this much amount. We have also spent amounts on other issues that we feel are important,” said Judge Saucedo.
“I think you have to agree with that, that what’s right is right. And if you have to make that expenditure then so be it,” said Judge Saucedo.
“What is right?,” questioned Commissioner Ruiz.
“Your basis of argument sir is not on what you feel is correct. Your basis of argument is on the amount that has been spent. That’s what you’re saying right now. That’s what you are saying. So are you telling me that you are in favor of the (coal mine) operation? Is that what you’re telling me now, because at the very beginning you were telling me it’s not about that it’s on the fact that we have spent this much money,” replied Judge Saucedo to Commissioner Ruiz.
“It is not in itself on the amount of money. It’s just the fact that we are hurting. And you, in charge of the funding should be able to say yes, and we might just have to go to a bank and ask for a loan and that is embarrassing for an elected official to go on that route. Unfortunately, that is the way it is going to be. And if everything is right then how can you say let’s continue. If we had the funds, I would say let’s continue,” responded Commissioner Ruiz.
Commissioner Ruiz then again argued the fact that at many instances the fight against Dos Republicas Coal Partnership has been unfavorable to opponents of the controversial coal mine operation.
“How many times are you going to lose? How much money, are you going to lose?,” questioned Commissioner Ruiz.
“You need to consider that the citizens of the community are saying stop it now,” said Commissioner Ruiz.
Commissioner Morales intervened and stated: “We have a responsibility to the citizens and if the citizens came to us and asked us we need your support here, we stand with the citizens regardless of how much it’s going to cost! We owe that to our citizens. They elected us, they expect for us to go up to bat for them and that’s what we’re doing.”
“Commissioner, they elected us to be taking care of the money. They elected us to make sure that they take care of my taxes,” replied Commissioner Ruiz to Morales.
Judge Saucedo noted the fact that there had been people who had asked Commissioner Ruiz and Commissioners Court to not spend more funding on the county auditor removal issue.
“Did you or didn’t you hear that? You had a publication saying it, that this money shouldn’t be spent. So you can’t tell me that nobody was saying not to spend on the issue with the county auditor,” said Judge Saucedo to Ruiz.
Commissioner Ruiz stated that they are two different issues all together, the removal of the County Auditor and the Dos Republicas coal mine. “It’s different,” said Commissioner Ruiz.
“No, it’s not different. It was done to protect the interest of this county. This is no different than that,” replied Judge Saucedo to Ruiz.
Judge Saucedo called for a vote on the agenda item and it was approved on a 3 to 1 vote. Voting in favor was Judge Saucedo, Commissioner Jerry Morales, and Commissioner Rosy Cantu while voting against was Commissioner Ruiz.
Commissioner Jose Luis Rosales was not present due to a prior commitment as he left before the vote took place.
Commissioner Ruiz was disingenuous in his comments to his fellow Commissioners because he has a record of voting in support of the Dos Republicas coal mine since the 1990s when he served an earlier term as Commissioner of Precinct 4.
Interestingly, Commissioner Ruiz’s brother, Ricardo Ruiz, a federal government employee and local rancher, is vehemently against the Dos Republicas coal mine as he owns a small ranch adjacent to the controversial mine and is a party to the current TCEQ water discharge permit case, which is scheduled to be heard in November of this year (2015).
A local taxpayer noted that Commissioner Ruiz just had Commissioners Court approve the payment of $100,000 for a feasibility study for a proposed third international bridge to be owned by Maverick County if it ever develops and the appropriate presidential permits are obtained. The taxpayer noted that Commissioner Ruiz did not complain one bit about spending these $100,000 on a feasibility study.
Another taxpayer noted what is Commissioner Ruiz complaining about if the $100,000 feasibility study costs are going to be paid by Maverick County over the course of the next 12 months while the alleged $250,000 spent on the Dos Republicas coal mine litigation has been over the course of many years. The taxpayer added if Commissioner Ruiz had voted against the Dos Republicas coal mine during his tenure in the 1990s maybe the County and its residents would not have had to be dealing with this controversial legal and environmental issue today.
Judge Saucedo called Commissioner Ruiz’s bluff and noted that maybe he is in favor of the Dos Republicas coal mine and his concern is not so much about spending public funds to hire an expert to support Maverick County’s legal arguments in the pending TCEQ litigation.
