Maverick County Commissioners Court Approve $7.2 Million Bonds Based on Public Emergency, Trample Citizens Right to Petition Government
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
Maverick County Commissioners Court approved the issuance of $7.2 million in Certificates of Obligations (Bonds) as part of a $24 million project by the Texas Water Development Board (TWDB) to expand the Maverick County Water Treatment Plant by declaring a public emergency at their Monday, October 30, 2023, Special Meeting while trampling over 1,665 Maverick County citizens first amendment constitutional right to assemble and petition the government for a redress of grievances such as requesting a referendum election on whether to approve or disapprove the $7.2 million bonds.
The $24 million TWDB project to expand the Maverick County Water Treatment Plant consists of a $16.8 million grant from TWDB and a 30% contribution from the county in the form of $7.2 million in Certificates of Obligation (bonds).
A bi-partisan and diverse group of concerned Maverick County citizens led by former Maverick County Judge Enriqueta Diaz and other citizens organized a petition requesting Commissioners Court to hold a referendum election to determine whether to issue $7.2 million in Maverick County Certificates of Obligation (bonds) for the water treatment plant expansion.
During the Citizens Communications, three Maverick County citizens addressed Commissioners Court. Maverick County LULAC President Juanita V. Martinez urged the citizens’ petition for a referendum election be approved as the necessary number of signatures had been obtained. Former County Judge Enriqueta Diaz advocated for the petition be approved. Maverick County Water Control and Improvement District No. 1 Vice-President Gabriel de la Cerda requested the $7.2 million bonds be approved so potable water be made available to Thompson Road, Normandy, and Quemado residents and ranchers.
County Judge Ramsey English Cantu read a letter from the Texas Water Development Board and adopted the finding that the Maverick County Water Treatment Plant was a public emergency as it presented a danger to the public health and safety of the citizens of Maverick County.
According to a presentation made by Maverick County Elections Administrator Isamari Sanchez-Villarreal at the October 30th meeting, a total of 2,333 signatures were submitted to her office requesting for a bond election on the $7.2 million. Sanchez-Villarreal stated that a total of 668 signatures were not verified and/or qualified by her and her staff. However, Sanchez-Villarreal reported that a total of 1,665 signatures of registered voters in Maverick County were verified and/or qualified by her office, thus meeting the threshold minimum of 1,552 signatures required to satisfy the five percent total of voters casting a ballot at the last county election held to satisfy state law to ratify the petition.
Judge Cantu stated that many of the unverified or invalidated 668 signatures in the petition presented irregularities that tainted the petition process with potential forgery and fraud, highlighting that one of the signatures on the petition was from a deceased person.
Based on County Elections Administrator Isamari Sanchez-Villarreal’s report to Commissioners Court, County Commissioner Gerardo “Jerry” Morales asked County Attorney Jaime “A. J.” Iracheta what were the legal options available to Commissioners Court concerning the petition, which Iracheta replied that Commissioners Court could ratify (approve), deny, or reevaluate the petition. However, County Attorney Iracheta opined that based on the public emergency of the Maverick County Water Treatment Plant affecting the public health and safety of citizens and that 668 signatures had been disqualified raised a concern of irregularities such as fraud or forgery in the petition gathering process merited Commissioners Court approval of the Certificates of Obligation (bonds).
Citing Elections Administrator Sanchez-Villarreal report to Commissioners Court, County Commissioner Gerardo “Jerry” Morales made a motion to ratify (approve) the citizens petition calling for a referendum election of the $7.2 million bonds. County Judge Ramsey English Cantu called for a second to Morales’ motion, but there being none the motion died.
Subsequently, County Commissioner Roberto Ruiz made a motion to adopt or approve Agenda Item No. 33 calling for the issuance of Certificates of Obligations (bonds) for projects as necessary to preserve the public health of the residents of Maverick County, effectively denying the citizens’ petition for a referendum election on the $7.2 million bonds. County Commissioner Olga M. Ramos seconded the motion, which passed on a split 4-1 vote with Judge Cantu, Ruiz, Martinez, and County Commissioner Roxanna “Roxi” Rios in favor and Commissioner Morales against. The 4-1 vote trampled the citizens’ constitutional right to assemble and petition their government for redress of grievances guaranteed by the First Amendment of the Constitution.
County Judge Cantu advised citizen Enriqueta Diaz not to speak or make any comments regarding the matter, threatening to hold her in contempt of court, arrest her, and send her to the Maverick County Tom Bowles Detention Center if she did.
Diaz stood up from her seat and challenged Judge Cantu to hold her in contempt for merely exercising her First Amendment right of freedom of speech, attend a public meeting, and petition the government, noting that she had not committed any offense.
Judge Cantu responded by finding Diaz in contempt of court, ordering the Deputy Sheriff to arrest her and place her in handcuffs, and take her to the Maverick County Tom Bowles Detention Center.
Diaz was requested by the Deputy Sheriff to leave the meeting and escorted her out of the meeting, but Diaz exchanged words with Judge Cantu as she exited the meeting.
After the meeting, Judge Cantu issued an Order of Contempt of Court against Diaz, requesting the Maverick County Sheriff to arrest Diaz, finding her in contempt of court, and ordering that she be held in confinement at the Maverick County Jail for 24 hours. Diaz, however, noted that she had not been read her Miranda Rights, arrested, nor confined as ordered by Judge Cantu. Diaz claimed her constitutional rights had been violated.
