COMMISSIONERS COURT FILES LAWSUIT AGAINST SHERIFF

 Special to EL Rrun-Rrun

Cameron County has filed a lawsuit against Sheriff Eric Garza to prevent him from taking over its courthouse security fund which covers the employment of 15 deputies and bailiffs asking for declaratory judgment, a writ of mandamus and an application for a Temporary Restraining Order and injunctive relief.

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The 14-page document containing the lawsuit and petitions was filed this morning at 8:47 a.m. and was assigned to Judge Gloria Rincones in the 445th District Court.

In the petition, Juan Gonzalez, the court's legal counsel, charges that Garza's actions to unilaterally seize the courthouse security budget and the 15 employees takes away the commissioners court’s constitutional rights to make the business and budget decisions, the limitations on powers and authorities imposed by the Cameron County Civil Service Rules and Regulations, and the Memorandum of Understanding executed by the County Judge, Presiding District Court Judge, Presiding County Court Judge, Precinct 2 Constable, and former sheriff Omar Lucio.

 "Without any constitutional or legal authority, Sheriff Garza has unilaterally seized the Commissioners Court’s budget decisions, disregarded the powers and authorities imposed by the Civil Service Regulations, and unilaterally terminated the Memorandum of Understanding. These actions are in contrary to the Commissioners Court and the Texas Constitution, which Sheriff Garza is bound to uphold," the lawsuit reads.

"As a result of these unconstitutional and illegitimate actions by Sheriff Garza, commissioners court must file this suit for declaratory judgment, writ of mandamus, application for Temporary Restraining Order, and injunctive relief," the petition asserts.

In addition, the petitions states that on December 22, 2016, Benjamin Euresti, Jr., Presiding County Court at Law No. 2 Judge Laura L. Betancourt, Cameron County Constable Precinct 2 Abelardo Gomez, Jr., and Former Cameron County Sheriff Omar Lucio entered into a Memorandum of Understanding (herein “MOU”) regarding courthouse security. 

The MOU authorized Cameron County Constable Precinct 2 Abelardo Gomez, Jr.  to accept the responsibility of courthouse security and provide the officers with a law enforcement commission. The MOU is required to be updated if there are any changes to the elected officials that signed the MOU.

Based on the agreement, the commissioners court budgeted and appropriated deputy positions to Gomez to fulfill his courthouse security obligation. 

Presently, Commissioners Court has budgeted fifteen (15) deputies for Constable Gomez to fulfill his courthouse obligations and these deputies have their law enforcement commission under Constable Gomez. 

Additionally, the employment status of all but one of these employees falls under the terms of the Cameron County Civil Service Rules and Regulations. The Cameron County Rules and Regulations are binding upon County Officials including the Sheriff. The affected employees enjoy a vested property right in their continued employment under the Civil Service Rules and Regulations absent discipline including up to termination for just cause only.

On Thursday, March 25, 2021, Garza sent a letter to Gomez and commissioners court that stated the MOU will be terminated on Monday, March 29, 2021, and the obligation of courthouse security will revert to Sheriff Garza as part of his constitutional duties and because his predecessor cannot bind him to the MOU.

On the morning of Friday, March 26, 2021, Garza and members of his staff met with members of the Cameron County Civil Legal Division and Human Resources/Civil Service. Garza was informed and alerted to these 15 deputies being budgeted and commissioned to Constable Gomez. 

Garza was further informed and alerted to the Civil Service rules and limitations imposed on him for reclassifications. As a result of these issues presented to Garza, Cameron County Civil Legal Division and Human Resources Civil Service requested Sheriff Garza to rescind his letter and allow an orderly legal and administrative process to accomplish his goal. 

Garza denied the request and on March 29th these deputies began “working” at Sheriff Garza’s direction. Shortly after, Garza informed the 15 deputies budgeted and commissioned by Constable Gomez to report to his office by 5 p.m. on Friday, this is despite the fact that Gomez is listed as the Department Head for these employees. 

Sheriff Garza’s actions against (the) court are ultra vires (acting or done beyond one's legal power or authority) as Garza cannot seize deputies budgeted and assigned to another department, cannot t separately reclassify deputies without Civil Commission’s due process, cannot use his statutory ministerial duty for courthouse security to establish discretionary actions, and Garza cannot unilaterally revoke the MOU and must comply with the MOU as it is considered statutorily unfinished business. 

The petition states that the commissioners court’s approval of the 2020-2021 Fiscal Year’s Budget is binding on all county offices, including the sheriff until the new fiscal year. Accordingly, the commissioners court’s orders from these functions are entitled to the same respect as all other constitutional courts.

The petition states that it is "evident by Sheriff Garza’s letter of termination, he mistakenly assumes that courthouse security is one of his constitutional duties. It is not. It is his ministerial statutory duty subject to the regulations of Commissioners Court. 

"As a result again, Sheriff Garza has acted outside the scope of his office in direct contradiction to Commissioners Court and Texas statutes."

Cameron County seeks: 

a. A declaratory judgment that the Commissioners Court is the entity in control of the County’s business affairs and budget including the budget for Courthouse Security; 

b. A declaratory judgment that Sheriff Garza does not and did not have the unilateral power or authority to order deputies assigned to Courthouse Security to submit to his supervisory direction and control when they are not his employees under the Commissioners Court budget and Civil Service Rules and Regulations; 

c. A declaratory judgment that Sheriff Garza did not and does not have the authority to seize and exercise control over any property assigned to the Courthouse Security under the authority of Constable Gomez without permission or approval of the Commissioners Court; 

d. A declaratory judgment that, without the approval of the Commissioners Court, Sheriff Garza has no authority to transfer, reassign, or reclassify budgeted slots of a different county department; 

e. A declaratory judgment that the attempt to exercise supervision and control over the deputies assigned to Courthouse Security under the direction and control of Constable Gomez is null and void or invalid; 

f. A declaratory judgment that Sheriff Garza has no authority or license to continue to exercise control over the employees under the direction and control of Constable Gomez unless and until Commissioners Court approves a transfer of the budgeted deputies and they are reassigned or transferred in conformity with Civil Service Rules and Regulations;

 g. A declaratory judgment that Sheriff Garza has no authority or license to continue to use continue to use or exercise control of Cameron County property attributed to the Constable Gomez without the permission of the Commissioners Court; and

h. A declaratory judgment that Sheriff shall cease and desist efforts to exercise supervision and control over the deputies assigned to Courthouse Security under the direction and control of Constable Gomez unless or until Commissioners Court approves the transfer or reassignment or reclassification of these positions and the Cameron County Civil Service Commission approves such.