HITCH DEVELOPS EARLY IN SHERIFF GARZA'S ADMINISTRATION; 8 APPLIED FOR CHIEF DEPUTY POSITION, GRACIA NOT ONE

 By Juan Montoya

Even before newly-elected Cameron County Sheriff Eric Garza was sworn in January 1 at 12:00 a.m., Robert Gracia, his campaign's right-hand man – and one of his largest financial campaign contributors –  ordered department employees to be present at the swearing in at the main administration building of the Rucker-Carrizales complex in Olmito.

In a carefully scripted ceremony, Gracia had specific orders and required attendance for everyone from sergeants, lieutenants, and captains to be present in full uniform and deputies who had finished their shift and were off and even the jail division staff were to return to the administration building and attend. 

During the ceremony not one county official save for Cameron County Clerk Sylvia Garza-Perez's representative, was invited or present for the swearing in. Gracia's son – JP 2-2 Jonathan Gracia – was the only elected county official invited to attend to administer the oath of office to Garza. 

In the course of the day, three separate ceremonies were held where all sheriff department staff were handed a package containing a 34-page application form that had to be filled by every employee. (Click on graphics to enlarge.)

In it, Gracia, not an official employee, required all employees to submit their confidential information like Social Security numbers, private addresses, driver's licence, certified birth certificate, weapon certifications, high school diploma, college degree, a personal history, etc., on pain of disqualification for employment or discharge.  

That was only the first day. In the days that followed, Gracia required that the staff deliver him and Garza a set of keys to the main office and set about transferring personnel from one division to another. In one case, a patrol officer was reassigned to the jail division and placed in charge of corrections guards without having the appropriate training for the position. 

But there was one hitch. 

At the time – and up to now – Gracia was not employed by the county and the county's Human Resources Office had declared him ineligible to occupy the position that until the end of 2020 had been held by Chief Deputy Gus Reyna.

That, in effect, made all Gracia's orders and personnel changes illegal, some department employees claim. In fact, Gracia is still not employed in that position and the position remains open in the HR roster. 

The main hangup? 

Gracia – like the Garza campaign had complained about opponent Republican candidate John Chambers – lacks the required Texas Commission on Law Enforcement (T-COLE) certification, much less the preferred Master Peace Office T-COLE Certification. And unless T-COLE makes a special allowance and lets him take the exam without the required classes, it may be six months before he can take the certification test. 

Until then, the position remains unfilled and all the orders that Gracia has given and changes of staff that may have resulted in transfers, demotions, or promotions might not have been legal.  

By now, a week after Garza's swearing in, Cameron County Judge Eddie Treviño, District Attorney Luis Saenz, the county Commissioners Court, County Administrator Pete Sepulveda, the county's legal department, and the HR Office administrators, have been made aware of Gracia's failure of qualifications to fill the position or to be in command of anyone at the department or have access to the department's most sensitive investigations files, undercover intelligence, and confidential personnel files.

Even before the election total had been tallied giving Garza the victory, the word was that Gracia – who retired from the U.S. Drug Enforcement Agency – was Gus Reyna' heir apparent despite denials from Garza who said that anyone was welcome to apply. 

The position was announced on the county's HR page for a total of seven days before it was closed Thursday, last week. Yet, even before it was closed, Gracia had taken over the administration of the most sensitive aspects of the department on January 1, a week before the application period closed. In all, eight applicants filed for the position, but none were interviewed. In other words, advertising the position was done to pay lip service to HR rules of the county, but the position had already been promised to Gracia.

Gracia, by the way, didn't even apply. Now the eight applications were handed to the new sheriff for him to select one from among them. Carlos Villarreal, the head of the county's HR Dept., told news representatives that Gracia's name was not included among the applications. But a local policeman who called Garza and asked if she could apply for chief deputy told him the position was already filled.

With the sizable investment Gracia made on Garza's behalf – not including purchasing properties in front of the early voting sites at Cameron Park and Southmost Library – it's only logical that Gracia feels that Garza owed him the position, certified or not.

This did not sit well with the Cameron County Sheriff's Association who made inquiries with the county's HR and legal departments on the propriety of having Gracia – a non-T-COLE certified individual – acting as the sheriff's chief deputy.

They, and other media outlet representatives who have asked them about the matter, have been told that they would soon be addressing the issue. Were all the orders and changes, including personnel transfers, that Gracia put into effect nullified by this fact? 

Are they even obligated to follow his orders? And could acts ordered by an individual lacking proper authority and state certification expose the county to legal liability that could trigger lawsuits or violate the standards set forth by the State of Texas? 

Will the county officials act? The county is waiting to see that the county's commissioners, the DA, and the HR Office, will do. Until then, how long can this anomalous situation continue?