SHERIFF'S BID FOR LEGAL COUNSEL SHOT DOWN...AGAIN; QUESTIONS ARISE OVER PERMIT FOR JAILERS WANT AD MAILER

By Juan Montoya

For the second time in a row, a request by Sheriff Eric Garza though his Chief Deputy Robert Gracia was tabled after County Judge Eddie Treviño disputed Gracia's assertion that the county's civil division was conflicted in assisting the sheriff with issues involving other issues apart from the litigation between the department and commissioners court.

And in a discussion on the executive session agenda, it was revealed that the sheriff's department had used a mail permit exclusively budgeted for jury summons to seek jailer applicants through a mail out that resembled a campaign mailer depicting a Garza campaign photo and his name prominently on the sheriff's department logo.

So far, auditors found that he used about $4,000 on the jailer mail out and that it has yet to be determined how many mail outs were sent.

Gracia said that the sheriff department was requesting the commissioners to hire outside counsel to address issues with the Texas Commission on Jail Standards, Texas Commission on Law Enforcement (TCOLE), the Cameron County Civil Service Commission, "and any other county, state, and federal agency and to assign funding..."

Civil Division attorney Juan Gonzalez refuted Gracia's claims and told the court that Dylbia Vega, assigned to assist the sheriff's department in other areas other than the lawsuits, has been kept away from the county's litigation with Garza and Gracia. The commissioners court sued the sheriff and Gracia in district court for unilaterally rescinding a Memorandum Of Understanding that was entered upon with former sheriff Omar Lucio that placed 15 deputies and bailiffs under Pct. 2 Constable Abel Gomez funded by a courthouse security budget under the commissioners court. 

During the Gracia-Treviño exchange, Gracia admitted that Vega had counseled the sheriff's department about civil service matters and the pre-paid postage issue despite his claim that she could not work neutrally because of the pending litigation. Treviño brusquely cut Garcia off several times when he said he was acting on the advice of his private attorneys.

Gracia was sued in his individual capacity in federal court in two lawsuits claiming  retaliation and violation of their First Amendment rights for supporting the former sheriff during the Democratic Party primary by Sgt. Rodrigo Almanza and Capt. Javier Reyna. The county – charging that Gracia was not a county employee or a certified peace officer when the alleged violations occurred – refused to provide legal counsel for him in federal court.

On a motion by Pct. 3 commissioner David Garza and a second by Pct. 4 commissioner Gus Ruiz, the court unanimously tabled the item and denied the sheriff's request.

In the mail permit issue, the court decided to instruct staff to look into the use of the look into the matter of Garza using the pre-paid postage permit #327 that was used to send a mail out seeking applicants for jailers. Reports indicate that since Garza took office, some 70 jailers have left the department and that Garza has only been able to hire 20 to replace them, leaving the jails seriously understaffed. That line item in his budget is restricted and the money and as per commissioners court, can only be used to mail jury summons.

The Cameron County District Clerk is responsible for issuing the jury summons using funds from the sheriff's budget under that line item. That it was used for other purposes other than jury summons amounts to a violation, County auditor Martha Galarza told the commissioners. 

Garza reportedly called the district clerk staffer in charge of the summons and asked for the pre-paid postage permit number and was denied it several times by the person in charge. So it was a surprise when the mail out for jailers ended up with the district clerk's pre-paid postage perimit.

Additionally, some county staffers complained that in a similar mail out for Hidalgo County the want ad clearly states that it is the Hidalgo County Sheriff's Office which is looking for jail guards. And it shows what appear to be jail guards happy to be doing their work and in good spirits.

The Cameron County want ad features the name of the sheriff (Eric Garza) twice; once on the badge at the top, and again on the bottom featuring his photo, That photo by the way, is the same one used by Garza in his campaign ads when he was running for the position.

So it gives one the impression that it is not the office that is seeking detention officers, but rather the sheriff himself. His critics in social media say it amounts to the county paying for a political appeal.

Ironically, when a county auditor's employee received the mail out, they noticed the pre-paid postage permit belonged to the district clerk and he reported it to his boss who then ascertained the permit number belonged to the district clerk's office for issuing jury summons. The court will revisit the issue in future meetings.