Maverick County Commissioners Court approve change of Tax Collection and Court Fines Collection Law Firm on Split Vote, Commissioner Ruiz accuses County Judge Saucedo of “Railroading the Situation”
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
Maverick County Commissioners Court meeting held on Monday March 14, 2016 turned into a hot debate between County Commissioner Precinct 4 Roberto Ruiz and County Judge David R. Saucedo wherein Commissioner Ruiz accused Judge Saucedo of “railroading the situation” concerning the selection of a professional service agency (law firm) to assist Maverick County in the collection of delinquent Ad Valorem and personal property taxes and court fines and fees, stunning the audience in attendance. Judge Saucedo replied that the current law firm has not done a good job collecting Ad Valorem Taxes and Court fines and fees and it was his responsibility to make a change for the best of Maverick County.
During the course of the meeting, Judge Saucedo opened up agenda item
No.44 and stated that two proposals had been submitted, including one from Linebarger,Goggan, Blair and Sampson LLC and another from Perdue, Brandon, Fielder, Collins and Motts.
Commissioners Court deliberated the merits of the two proposals and discussed certain issues pertaining to the agenda item and any action being sought from the item.
Currently, Linebarger, Goggan, Blair and Sampson have held the County’s tax collection contract for several years. Present at the meeting was attorney Sonia Gonzalez on behalf of Linebarger. Also present were attorneys from the Perdue law firm, whom many years ago also held the County’s tax collection contract.
After discussing the two proposals’ merits, County Judge Saucedo asked Commissioners Court if anyone from Commissioners Court had a motion to consider regarding the two proposals received for tax collection.
County Commissioner of Precinct 3 Pete Venegas made a motion to award the tax collection contract/negotiations to the law firm of Perdue, Brandon Fielder, Collins and Motts as the Number 1 firm pending negotiations and ranking Linebarger, Goggan, Blair and Sampson law firm as Number 2 if initial negotiations would fall through with the Perdue law firm.
Judge Saucedo asked Commissioners Court for a second on Venegas’s motion, which the Judge seconded for sake of discussion.
Judge Saucedo opened up the discussion for any questions or comments from Commissioners Court. “ Do we have any questions or comments?” asked Judge Saucedo.
Commissioner of Precinct 2 Rosy Cantu asked which law firm was handling the tax collection duties at the present time on behalf of Maverick County, which Judge Saucedo answered that they were currently being handled by the Linebarger, Goggan, Blair and Sampson law firm.
There were no further questions or comments made by any other Commissioner, and the motion was called for a vote by Judge Saucedo.
Agenda item No. 44 regarding the awarding of the tax collection contract was approved on a 3-2 split vote with Commissioners Jerry Morales and Pete Venegas and Judge Saucedo voting in favor of the motion, while Commissioners Robert Ruiz and Rosy Cantu voted against.
Judge Saucedo proceeded to call Agenda Item No. 46 calling for the selection of a professional service agency for the collection of delinquent Court fees and fines.
Under agenda item No.46, Judge Saucedo asked Commissioners Court if their was any motion concerning this agenda item.
Commissioner Venegas motioned to open up the agenda item ,which was seconded by Commissioner Cantu.
During the discussion of Agenda Item No. 46, County Commissioner for Precinct. 4 Roberto Ruiz stated that he would like to comment on the process that was being used on the items at hand.
“This is something that I need to get of my chest.” said Commissioner Ruiz.
Commissioner Ruiz proceeded to criticize the decision and actions being sought to hire a professional service agency under agenda items No. 44 and No. 46.
“I am accusing you (Judge Saucedo) of railroading a situation. To see how it was played so that we would eliminate a particular firm, here. I believe that we don’t change courses in the middle of a sprint. The job that has been done by Linebarger, Goggan, Blair and Sampson has been exceptional.” said Commissioner Ruiz. The audience was stunned of hearing Commissioner Ruiz’s serious accusation against Judge Saucedo.
Judge Saucedo proceeded to intervene and noted that the issue that Commissioner Ruiz was critically denouncing had already been voted on by Commissioners Court and during that time Commissioner Ruiz was given the opportunity to speak and he had not raised any comments or concerns. Judge Saucedo noted that the Agenda item now being addressed was a new item concerning the collection of delinquent Court fines and fees and Commissioner Ruiz’s comments hurled at the Judge were not relevant to the agenda item No. 46 at hand.
“You are out of order. We already voted on that issue. We’re not on the taxes anymore, you could have said your peace when we were on taxes.” said Judge Saucedo.
Commissioner Ruiz jumped in and replied: “I have the floor, allow me to finish, allow me to finish.”
Judge Saucedo stated that if the comments were in regards to the agenda item being addressed, then for Commissioner Ruiz to proceed.
“ It’s uncomfortable for you to feel that I’m telling you that you’re railroading this situation , sir. “ said Commissioner Ruiz to Judge Saucedo.
“It’s going to backfire and this is one time that I totally disagree with you, okay.” said Commissioner Ruiz to Judge Saucedo.
Judge Saucedo replied to Commissioner Ruiz: “Fine, referring to fines, fees and collections, make any statement you like to make because we already voted on tax collection.”
Judge Saucedo and Commissioner Ruiz continued on a heated discussion going back and forth on the issue as to what could be discussed and commented on, according to an agenda item and an open motion on said agenda item.
Judge Saucedo turned to Legal Counsel and asked Counsel: “Weren’t they (Commissioners) allowed to give their opinion on an item?”
Legal Counsel answered “Yes they did.”
“You opted not to. I don’t know why you’re doing it now, said Judge Saucedo to Commissioner Ruiz.
“I continue to use the floor as a member of Commissioners Court,” replied Commissioner Ruiz.
“You will be allowed to when discussing the item at hand.” answered Judge Saucedo.
Commissioner Ruiz was allowed to explain his case.
“What I’m saying on both stances, the Firm Linebarger, Goggan, Blair and Sampson has been effective. There is something afloat that is changing the situation.” said Commissioner Ruiz.
Commissioner Ruiz repeated to accuse Judge Saucedo of “railroading” the entire issue and process.
“It’s very unfair to a group,” added Commissioner Ruiz, referring to the Linebarger law firm.
Judge Saucedo replied to Commissioner Ruiz: “I completely agree with the fact that you have the right to have an independent voice. And I’m proud of the fact that you do. This is why you and I haven’t agreed on everything but we have always gotten along and understood that sometimes we’re not going to be on the same page. You’re part of the change and I believe that you are and you’re entitled to have that opinion. But I’m also entitled to have mine. I could go back and quiz you on the packages that were presented and on what was said and what was done and why I’m voting the way that I am. I’ve always been about changes and you have , sir. Whatever is negotiated, I’m not going for a long term contract, because you know what if that other group doesn’t do their job. I’m bringing the other one back. But there is an opportunity to change the way things are being done. I am going to go after it. I believe that we can get more fines and fees if we can get more Ad Valorem Taxes, because those 98% that are taking care of business and I’m going to do the same with the fines. If I see something and I don’t think it’s working, I’m going to try to find a different way to get it done.”
Judge Saucedo noted “We’ve been written up (Maverick County) on fines and I’m not going to say It’s your fault company, but I am going to go out there and find a solution to get something better. It’s great that you have a certain loyalty to a certain firm (Linebarger), you have the right to believe that they’re doing a good job, that’s your inherent right, but I have a right to believe that they’re not doing a good job and if I can bring in someone who will do it and even better job than I think that they can do, then I’m going to vote for it and I will do it over and over again whether I have the support of the Court or I don’t. I was put in here to make that change and I know that you believe in that.”
Judge Saucedo added: “You can believe that I’m ‘railroading’ it, but you know what I believe that I’m going to bring someone in to do a different job than the one that is being done right now and if they don’t do it, I will bring in a different company next year to do it a different way until we get it right.”
Judge Saucedo proceeded with Agenda Item No. 46 naming the companies that had applied through the request for proposals, including Netplea, Linebarger, Goggan, Blair and Sampson LLC, and Perdue , Brandon Fielder , Collins and Motts.
After discussing certain details on the agenda item no. 46, Judge Saucedo asked Commissioners Court for a motion for action/recommendation on agenda item No. 46. There was silence and hesitation on behalf of Commissioners Court after Judge Saucedo called for action on the agenda item.
Judge Saucedo proceeded to make a motion to approve the firm of Perdue , Brandon Fielder, Collins and Motts as the Number 1 firm for negotiations , the firm of Netplea as Number 2, and the firm of Linebarger, Goggan, Blair and Sampson LLC as the Number 3 ranked firm pending negotiations.
Judge Saucedo’s motion was seconded by Commissioner Pete Venegas.
Judge Saucedo asked Commissioners Court for any discussion, questions or comments on the motion before the Court on agenda item No. 46, which there was none from Commissioners Court, including Ruiz.
Judge Saucedo called the motion for a vote and the motion was approved by Commissioners Court on a split vote 3-2 with Commissioners Jerry Morales and Pete Venegas and Judge Saucedo in favor, while Commissioners Roberto Ruiz and Rosy Cantu voted against.
Maverick County Commissioners Court approved to change the current law firm of Linebarger, Goggan, Blair and Sampson and hire the law firm of Perdue, Brandon, Fielder, Collins, and Motts ass the new tax collection law firm and the Court fines and fees collection law firm for Maverick County pending negotiations with that firm.
