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Ramos discloses petition situation with public; Brief conference sheds light on dire situation

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A.D. Ibarra

 

-Eagle Pass

 

 

County Attorney Rick Ramos was forthright and succinct in clarifying the situation stemming from a petition which was filed by Maverick County in the 293rd District Court last December 28th to begin the process to fill the position left vacant by County Commissioner of Precinct 2 Rudy Heredia, who is being held in a Federal Detention facility until April 16th of this year when he will effectively face a jury of his peers in a US Federal Court, as well as to challenge the seat of County Commissioner of Precinct 1 Eliaz Maldonado who faces Federal Charges, yet was given the opportunity to post bail until he goes to court on March 19th.

"Texas Local Government Code cites: 'Any citizen can file this petition for a given number of reasons'," stated Ramos, "'Incompetence, bad conduct, which includes misappropriation of public funds or failure to comply with the legal obligation of their office, or even public intoxication' which is not the case in this instance, yet this type of suit is not a civil suit where you can ask for a court date and select a jury." He added that this is setting a precedence we have never had to deal with before. If the petition were to be honored by The Honorable Cynthia Muñiz, Judge of the 293rd Judicial District of Texas, both men would have to appear before her during this period and District Court has several options: one would be to suspend the commissioner with or without pay until he is proven guilty/not guilty in a court of law and to assign an interim for as long as the law suit takes. "They cannot be replaced until they see their day in court and not I nor the County Judge can make any recommendations to do so until then," he added. He also mentioned the fact that this petition has been highly solicited by several members of the public in general in large numbers according to the attorney, and since he has been elected to represent all the citizens of Maverick County, he is the indicated one who would take the case. In terms of Heredia, who is presently not here to function in his capacity at this time, it may hold water, but Maldonado has been attending to all matters in his precinct and will be able to continue to do so as his charges are only allegations at this time. "According to Chapter 87 of the Texas Local Government Code, if convicted, they can be removed immediately, but as we look into the future, this process gives District Court the opportunity to replace in order to have someone in charge in those positions because their obligations are not being handled, and it's nothing personal against Mr. Heredia or Mr. Maldonado, it's just fitting and proper," The process could in fact take months. Ramos advised the media that his statement would be direct and final and he would not be taking any questions due to the sensitivity of the issue.

 

 

 

Last modified on Tuesday, 08 January 2013 23:10

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