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County Seeks Additional Legal Counsel in Auditor Salary Issue

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Commissioner’s Court Maverick County Commissioner's Court voted unanimously to seek additional legal counsel in reference to the issue at hand of County Auditor Fidencio Ortiz' status as an employee on Monday evening. As reported earlier District Court Judge Amado Abascal issued an Order to Vacate stemming from a previous decision made by Commissioner's Court to freeze the auditor's salary citing that Ortiz has not fulfilled his job requirements. Excessive absences, monthly reports not provided on a monthly basis in 2014, a lack of an audit for 2013 which according to sources has set back departments such as the Maverick County Sheriff's Department who have had to return funds which could have been used in 2014 are among some of the reasons behind the court's original decision.

 The agenda item was sponsored by Commissioner Robert Ruiz to answer questions and provide legal services in reference to the present situation with the county auditor and to investigate what the requirements are as per policy. Commissioner's Court currently has at its disposal Maverick County Attorney Ricardo Ramos as well as Alfonso Nevarez to consult for legal advise in such matters, however, Commissioner's Court felt justified in the added expenditure and opted to seek further advice from someone outside of Eagle Pass. Commissioner Jose Luis Rosales questioned the motion and was told that this individual would advise Commissioner's Court how to proceed.

 

Also voted on unanimously was the motion to discuss and take action on the order rescinding a prior decision regarding Chapter 86 of the Texas Government Code and the payment of the County Auditor's salary. During discussion on this item, the court wanted to emphasize their desire to have a working county including the timely payment of salaries as is common practice to cover the daily financial operations of county government. County Commissioner Ruiz voted in favor of rescinding this previous Commissioner's Court decision of freezing the salary of Auditor Fidencio Ortiz, nonetheless he wanted the record to show his vote under protest. Ruiz asserts that the statute of Local Government Code Ch. 23, Section 84.003, Procedure for Appointment was violated, specifically (b) "The commissioner's court shall record in its minutes the judge's action and an order directing the payment on the auditor's salary." "The order by District Judge Amado Abascal is unilateral since it does not have the signature of District Judge Cynthia Muñiz, as the statute requires," says Ruiz in a prepared statement, "At the moment we do not have a county auditor, Ortiz has not taken an oath of office since his position officially ended

Last modified on Tuesday, 02 December 2014 20:31

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