Nov 21, 2023 Commissioners Court

UH, CONSENT

[2. CONSENT AGENDA]

AGENDA.

HAS ANYONE HAD TIME TO LOOK OVER THAT? NO.

ANY COMMENTS TO BE MADE? IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE.

I'LL MAKE THAT MOTION FOR YOU.

MR. PHELPS MAKES THE MOTION TO APPROVE.

DO I HAVE A SECOND? I'LL SECOND.

MR. BARR MAKES A SECOND.

CERTAINLY APPRECIATE THAT.

MOTION CARRIES.

NUMBER THREE.

[3. Chuck Mohnkern; Present/Accept the Treasurer's monthly report for October 2023.]

MR. CHUCK MONOR.

PRESENT AND ACCEPT THE TREASURER'S MONTHLY REPORT FOR OCTOBER 23.

MORNING, CHUCK.

GOOD MORNING.

HEY, UH, WE, UH, ENDED THE, UH, MONTH OF OCTOBER WITH 11.8 UH, MILLION DOLLARS IN, UH, THE, UH, BANK FOR FUND 10.

UH, WE HAD INTEREST EARNED IN AMERICAN NATIONAL BANK OF $1,377 EARNINGS ON OUR INVESTMENTS OF 440,598.

OUR, UH, TOTAL INVESTED IN TEXT POOL IS 13.8 MILLION IN TEXAS CLASS AT $74.6 MILLION.

WE'RE EARNING A, UH, AVERAGE YIELD ON TEXT POOL RIGHT NOW AT 5.5864%.

THE AVERAGE YIELD ON TEXAS CLASS IS 5.555%.

WE HAVE, UM, $33,413,000 IN THE AMERICAN NATIONAL BANK SECURITIES PLEDGED, UH, TO COLLATERALIZE THAT 39,167,093.

SO WE'RE COLLATERALIZED AT 117% RIGHT NOW.

AND, UH, THAT ACTUALLY FELL A LITTLE BIT LOWER BECAUSE, UH, DURING THIS MONTH, THE, UH, DEPOSITS GOT A LITTLE BIT HIGHER.

THE BONDS THAT WERE PLEDGED WENT A LITTLE LOWER.

SO I GOT WITH THE BANK AND NOW WE'RE ACTUALLY, UH, COLLATERALIZED AT ABOUT 50 MILLION.

SO GOOD.

DOING BETTER.

THE, UH, PERCENTAGE INVESTED IS, UH, 72.6% PERCENTAGE IN THE BANK IS 27.4%.

WE, UH, TOOK IN, UH, RE UH, RECEIPTS OF $4 MILLION, WROTE A TOTAL OF 469 RECEIPTS DURING THE MONTH.

THAT'S MY REPORT.

ALRIGHT, THANKS CHUCK.

EVERYONE HAVE ANY QUESTIONS FOR OUR TREASURER? NO.

NO.

GOOD REPORT.

GLAD THAT, UH, YOU'RE STAYING ON TOP OF EVERYTHING.

THAT'S TAXPAYERS.

DO I HAVE A MOTION TO APPROVE? I'LL MAKE A MOTION.

MR. BARB MAKES A MOTION.

DO I HAVE A SECOND? I'LL SECOND.

MR. HUNT MAKES A SECOND.

MOTION CARRIES.

SHERIFF BEAVERS PRESENTED

YOU SIGN THAT AND SEND IT BACK.

THANK YOU, CHUCK.

[4. Sheriff Beavers, Present/Accept the Sheriff's Office monthly reports for August, September, and October 2023.]

EXCEPT TO SHERIFF'S MONTHLY REPORT FOR AUGUST, SEPTEMBER, AND OCTOBER OF 23.

GOOD MORNING.

GOOD MORNING, GENTLEMEN.

HOW ARE Y'ALL? GOOD.

ALRIGHT.

HEY, I THANK YOU.

IF I, I KNOW Y'ALL HAVE LOOKED OVER THE REPORTS, I'M NOT GONNA STAY HERE LONG LETTING Y'ALL LOOK AT 'EM.

UH, BUT IF YOU'LL NOTICE THAT OUR, UH, CALLS FOR SERVICE AS FAR AS INCIDENT REPORTS AND OUR CID REPORTS, YOU CAN SEE THAT THEY'VE KIND OF DROPPED A LITTLE BIT OVER THROUGH THE YEARS.

IF YOU LOOK AT THE VERY LAST ONE, YOU'LL NOTICE THAT IT'S COMPARED TO 49 94 OF, UH, 22 TO THIS YEAR, AND 42 77.

SO, UH, I'M GLAD TO SAY THAT OVERALL CRIME IN THE COUNTY IS STILL LOW, WHICH IS GOOD.

THE HISTORY OF THE SHERIFF'S OFFICE THAT WE'VE GOT RIGHT AT $3.4 MILLION IN RECOVER STOLEN.

IT'S SO COMPARED TO EVERY YEAR.

SO THIS, WE'RE LOOKING, IF EVERYTHING STILL GOES AS GOOD AS WE'RE HOPING, WE'LL HAVE FOUR YEARS STRAIGHT IN A ROW, UH, OF DOING THAT.

SO, I MEAN, THE JAIL AND EVERYTHING ELSE IS STAYING THE SAME.

THE ONE THING I WILL POINT OUT TO YOU IN THE VERY LAST REPORT, YOU CAN SEE THIS IS THE FIRST TIME IN

[00:05:01]

SO YOU GIVE THE PEOPLE THE ROOM TO WORK AND GIVE 'EM THE TASK TO DO.

AND THEY REALLY DO A REALLY GOOD JOB FOR US.

SO THE MEN AND WOMEN ARE WORKING HARD DOING THE CALLS FOR SERVICE.

SO, AND IN THE JAIL, THEY'RE RUNNING IT REALLY GOOD.

COVID IS HERE AND THERE, BUT WE'VE, THEY'VE KEPT IT UNDER CONTROL AS ALWAYS.

SO WE'VE GOT A GOOD PLAN OF ACTION TO HANDLE THAT.

SO, AND THEN FAR AS THE MONEY WISE, WE'RE PRETTY WELL, EVERYTHING IS ON BOARD.

THE ONLY, ONLY THING, SEPTEMBER WAS A REALLY SLOW MONTH.

YOU, I CAN'T REMEMBER THE LAST TIME WE DID ONLY ABOUT 24,000 COMPARED TO, USUALLY WE DO 75 TO A HUNDRED.

SO BAIL BONDING BUSINESS WASN'T THAT BUSY, I GUESS.

SO , BUT OTHER THAN THAT, UNLESS YOU HAVE ANY QUESTIONS, HOW ARE YOU DOING PERSONNEL WISE? FOR THE PERSONNEL WISE? IF YOU NOTICE, IT'S UP AND DOWN.

I ALWAYS PUT IT ON THE END, IF YOU'LL NOTICE, UH, WE, DEPUTY WISE IS FIVE.

THE JAIL IS STILL, YOU KNOW, IT'S UP AND DOWN.

PEOPLE THINK THEY WANT IN THERE AND THEN THEY GET IN THERE AND REALIZE IT'S NOT REALLY FOR THEM WHEN THE DOOR SHUT BEHIND 'EM AND AFTER TO WORK .

SO IT'S, IT'S STILL UP AND DOWN.

IT'S ABOUT 12 COMMUNICATIONS.

WE FINALLY GOT IT DOWN TO ABOUT FIVE.

UH, WE WERE DOWN TO THREE DEPUTIES AT ONE POINT WHO DECIDED TO LEAVE TO GO OTHER, OTHER PLACES, WHICH IS NOT REALLY A FOR MONEY WISE.

I, I LOOKED AT THAT.

SO, AND THEN WE ADDED THE TWO POSITION.

THAT'S WHY OUR, UH, FROM THE BUDGET.

SO THAT'S WHY WE'RE AT SEVEN NOW.

SO, BUT I WAS SUPPOSED TO INTERVIEW A DEPUTY TODAY.

I INTERVIEWED TWO OTHERS THIS MORNING AND, UH, HE BACKED OUT 'CAUSE HE DECIDED HE'D JUST STAY WHERE HE WANTED TO STAY.

SO AT LEAST YOU'RE VERY EQUIPPED TO HANDLE WHAT YOU NEED TO.

'CAUSE YOU'VE GOT THE MONEY TO HIRE PERSONNEL AT DECENT RATE.

SO THAT'S BEEN GOOD FOR, IT'S, IT'S WORKING.

IF YOU CAN TELL COMPARED TO WHERE WE WAS 14 DOWN, YOU CAN COMPARE THAT IT IS WORKING.

OH YEAH, SURE.

AND 20 SOMETHING IN DISPATCHING AT 13 OR 13 IN DISPATCHING 20 SOMETHING IN JAIL.

SO, OH, IT IS WORKING.

UH, WE JUST GOTTA FIND THE RIGHT PEOPLE.

I'M NOT GONNA LOWER MY STANDARDS JUST TO BE HIRING.

I'M NOT GONNA JUST HIRE BODIES.

I REFUSE TO LOWER MY STANDARDS.

CAUSES ISSUES DOWN THE ROAD.

AND, AND ANIMAL CONTROL IS, IS, I GUESS THAT'S PROBABLY THE A BIG THING WE GOT GOING HERE AND THERE, BUT WE'RE ONLY PICKING UP WHAT WE CAN.

SO Y'ALL KNOW THAT Y'ALL ARE WORKING WITH THE, UH, NO SHELTER.

SHELTER OVER THERE? YEAH, THE SHELTER.

SO, UH, AND MY PEOPLE ARE WORKING WITH THEM.

SO WHATEVER WE CAN GET AND THEN AGGRESSIVE DOGS AND STUFF.

SO THAT'S WORKING AS GOOD AS WE CAN GET IT TO WORK.

SO I APPRECIATE IT.

ANY QUESTIONS FOR THE SHERIFF? NO.

NO.

GOOD.

NEED A MOTION TO ACCEPT HIS REPORT THEN I'LL MAKE THE MOTION.

COMMISSIONER HUNT MAKES THE MOTION.

DO I HAVE A SECOND? SECOND.

COMMISSIONER PHE MAKES A SECOND.

ALL IN FAVOR SAY AYE.

A A MOTION CARRIES.

NUMBER FIVE, SHERIFF,

[5. Sheriff Beavers, Discuss/consider adopting a resolution authorizing the purchase of FLOCK safety cameras for use by Sheriff's Office using grant funds.]

AGAIN.

DISCUSS, CONSIDER ADOPTING A RESOLUTION AUTHORIZED TO PURCHASE A FLOCK SAFETY CAMERAS FOR THE SHERIFF'S DEPARTMENT USING GRANT FUNDS.

THIS IS, UH, OUR STREET CRIME UNITS THROUGH TACK TAG THAT, UH, THAT WE ARE APPLYING FOR.

THIS IS OTHER EQUIPMENT THAT WE USE, BUT THIS IS, YOU KNOW, I BROUGHT FLOCK IN PROBABLY ABOUT TWO OR THREE YEARS AGO IN DEHI.

AND NOW IT IS TAKEN OFF AS A GREAT TOOL FOR US.

SO WE WENT THROUGH THEM.

WE GOT A GRANT TO ADD 30 MORE AND OTHER KEY LOCATIONS THROUGH THE NORTH PART OF THE COUNTY.

SO WE, WE NEED THIS PART.

AND SO WE HAVE TO DO A RESOLUTION TO GET THAT APPROVED TO THEM FOR THAT TAG.

WILL PAY FOR APPROVED.

BE VERY HANDY AND VERY HELPFUL.

IT'S, IT IS VERY HA IT IS A GREAT TOOL.

SO, SO A MOTION.

WE NEED YOUR HELP AND PERMISSION TO DO THIS.

I'LL MAKE A MOTION.

COMMISSIONER PHILLIPS MAKES A MOTION TO HAVE A SECOND.

I'LL SECOND MR. UH, BAR MC SECOND.

ALL IN FAVOR SAY AYE.

LEGAL DID LOOK AT IT.

SO THANK SHERIFF.

I QUICKLY DO, HAVE WE RECEIVED THOSE ? NO, WE HAD TO GET THIS RESOLUTION BEFORE.

WE'VE GOT ALL THE APPROVAL FROM TEX DOTS AND EVERYTHING ELSE.

SO ARE THEY READY TO GIVE IT TO US? YES.

THEY'RE UH, THEY'RE READY.

WE GOT FLOCKS.

YOU GOTTA PUT 'EM UP.

SO WE JUST GOTTA GIVE 'EM TO FLOCK.

AND HOW DO WE TAG THIS STUFF? I MEAN, LITERALLY THAT'S JUST FLOCKED BECAUSE WE DON'T OWN THAT.

OH WOW.

THAT'S I'M SAYING YEAH, IT'S COUNTY INVENTORY, BUT IT'S REALLY NOT COUNTY INVENTORY.

'CAUSE IT'S A SERVICE AND THEY'RE PROVIDE, THEY PROVIDE ALL THE CAMERAS.

WE'RE JUST, WE'RE PAYING THEM FOR THE SERVICE OF THE CAMERA.

WE DON'T OWN THE EQUIPMENT.

THAT'S, IT'S A SERVICE.

SO SOMEBODY RUNS OVER 'EM.

PROBLEMS LIKE THAT, BUT NOT LIKE LUNCH.

BESIDES TO PAY FOR IT.

WELL, WHEN THEY RUN OVER IT WE DO.

OH, WE DO? OKAY.

OH, WE DO.

IT'S IN OUR CONTRACT.

YEAH, IT'S IN OUR CONTRACT.

WE GOTTA PAY FOR PARTIAL OF IT.

SO THEY CAN'T, BUT THEY MAINTAIN IT.

BUT IT'S MAINTAIN BREAK OR SOMETHING.

THAT'S ALL ON THEM.

BUT IF SOMEBODY RUNS OVER IT, BUT WE'VE BEEN BILLING THEIR INSURANCE AND FILING ON THEIR INSURANCE TO PAY.

SO IT'S, IT'S NOT AND THEN THESE THAT WE'RE TALKING ABOUT NOW, WE HAVEN'T PAID FOR 'EM.

IT'S A GRANT.

YEAH, IT'S ALL THROUGH THE, THE TAG THAT'S KIND OF COME OUT OF THE STREET CRIMES UNIT.

SO IT'S ALL GOOD.

THAT IS GOOD.

OUR'S BEEN WORKING WITH US 'CAUSE WE, THEY'RE ALREADY WORKING WITH US FOR THE BUDGET FOR NEXT YEAR.

WE'RE GONNA ABOUT THAT AND TRY TO KEEP THAT STRAIGHT.

GOOD.

IT'S A WHOLE NOTHER GROUP.

SO IT'S STREET CRIME UNIT IS REALLY WORKING AND DOING GOOD.

I MEAN, I MEAN IN GOOD WAY.

I MEAN BETWEEN TALKING TO THEM THEY HAD THE BEST ART AT SCHOOL.

TAR CORN, KIND OF OUR BIG SCHOOL POPULATIONS.

I MEAN WE'VE HAD FIGHTING

[00:10:01]

YOU'RE GONNA HAVE.

YEAH, IT'S NOT THERE.

WE'RE GONNA HAVE SOME OF THAT, BUT OVERALL IT'S GOOD.

APPRECIATE YOUR WORK.

[6. Commissioner Barber; Discuss/Consider approving the Road Use Agreement between Kaufman County and Abies Springs Solar, LLC.]

NUMBER SIX, COMMISSIONER BARBER, DISCUSS, CONSIDER PROVING ROAD USE AGREEMENT BETWEEN KAUFMAN COUNTY AND ABEL SPRINGS SOLAR.

LLC.

UM, MR. SMITH, CARTER SMITH WASN'T ABLE TO BE WITH HERE THIS MORNING.

HAD SOME FAMILY EMERGENCY COME UP.

HE EMAILED ME THIS MORNING.

UH, BUT DEB BONNER, UH, HAS LOOKED OVER THIS AND EVERYTHING LOOKS GOOD.

UH, BASICALLY, UM, UH, THEY'VE AGREED, UH, THAT, YOU KNOW, ANY DAMAGE OR THING, ANYTHING THEY MIGHT DO TO COUNTY ROADS 3 28, 3 29 AND THREE 30 WHILE THEY'RE INSTALLING THE SOLAR FARM UP THERE, UH, ABEL SPRINGS, UH, THEY WILL TAKE CARE OF, UH, YOU KNOW, REPAIRING IT AND IT'S ALL BEEN APPROVED.

AND, UH, UM, GO AHEAD AND, UM, MAKE THE MOTION THAT WE APPROVE THIS.

ANY QUESTIONS FOR COMMISSIONER BARBER? HONOR? NEED A SECOND? I'M AWARE OF IT IF THEY DID GIVE YOU MONEY SO I KNOW WHERE TO PUT IT.

AND ALL IN FAVOR SAY AYE.

[7. Judge Allen; Discuss/Consider exiting regular meeting and enter a public hearing.]

[8. Public Hearing; To receive input from the public regarding the sale of county-owned property being a 0.251 acre parcel located in Kemp, Texas along Elm Street, Kaufman County.]

[9. Judge Alien, Discuss/Consider exiting public hearing and enter back into a regular meeting.]

[10. Judge Allen; Discuss/Consider the sale of county-owned property being a 0.251 acre parcel located in Kemp, Texas along Elm Street., Kaufman County.]

NUMBER 7, 8, 9, AND 10.

WE'RE PASSING ON BECAUSE THEY'RE NOT READY TO MOVE FORWARD ON THIS PURCHASE OF PROPERTY IN KEMP.

SO THEN WE'LL MOVE TO THE AUDITOR.

WE'RE GONNA COME BACK TO NUMBER.

I'VE MOVED A LITTLE BIT OUT OF ORDER HERE.

FIRST, THEN WE'RE GONNA COME BACK TO MINE ON ITEM NUMBER 11.

SO WE'RE GONNA DO THE AUDITOR

[12. Auditor; Discuss/Consider line-item and budget transfers/corrections.]

SO DISCUSS LINE ITEM TRANSFERS.

GOOD MORNING LYN.

THESE WERE EMAILED TO YOU FOR REVIEW.

DO YOU HAVE ANY QUESTIONS ABOUT THOSE? I DO NOT.

NOTHING LOOK GOOD.

I DO NOT MAKE A MOTION.

CAN I ASK FOR YOUR APPROVAL? YEAH.

I MADE A MOTION FOR YOU.

NO SIR.

MR. JUSTICE MAKES A MOTION.

MR. HUNT MAKES A SECOND.

MOTION CARRIES.

ONCE AGAIN, DISCUSS CLAIMS FOR PAYMENT.

THANK YOU MR. AUDITOR

[13. Auditor; Discuss/Consider claims for payment and/or Financial Information as provided by the County Auditor.]

UH, YOUR CLAIMS FOR PAYMENT ARE $2,609,680 AND 44 CENTS.

A ELECTION PAYROLL OF $93,409 AND 4 CENTS FOR A TOTAL PAYOUT OF 2 MILLION 7 0 3 0 89 AND 48 CENTS.

DO YOU HAVE ANY QUESTIONS ABOUT THOSE INVOICES? NO MA'AM.

I DO NOT NEED ANYONE ELSE.

I ENTERTAIN A MOTION THEN I'LL MAKE A MOTION.

MR. BARBARA MAKES A MOTION.

DO I HAVE A SECOND? SECOND.

MR. JONES MAKES A SECOND.

A MOTION CARRIES.

NUMBER 11, WHICH IS THIS ITEM DISCUSSED.

WE'RE GONNA GO BACK TO 11.

WE'RE GONNA GO BACK TO

[11. Judge Allen; Discuss/Consider accepting Judge Tracy Gray's resignation letter as the County Court at Law Judge.]

CONSIDER ACCEPTING JUDGE TRACY GRAVE'S RESIGNATION LETTER AS COUNTY COURT AT LAW JUDGE.

SO I'LL MAKE A COMMENT AND IF Y'ALL WANT TO SAY SOMETHING, WE WILL.

UH, WE DEFINITELY DON'T LIKE WHAT'S HAPPENED, BUT HERE WE ARE.

AND TRACY, IF YOU'D LIKE TO COME FORWARD, YOU MAY WANT TO SAY SOMETHING HERE SHORTLY, BUT I WANNA GIVE A LITTLE BIT OF HISTORY BEFORE WE MAKE THE MOTION TO ACCEPT YOUR RESIGNATION.

SO THIS ALL KIND OF STARTED BACK IN SEPTEMBER WHEN THE LEGISLATURE APPROVE A NEW POSITION OF 49TH DISTRICT COURT.

SO AS SOON AS THAT WAS DONE, THEN WE WERE ASKED TO GIVE LETTERS OF RECOMMENDATION TO WHO WE THOUGHT WOULD BE THE RIGHT PERSON FOR THIS POSITION.

SO THE COMMISSIONER'S COURT ALL RECOMMENDED TRACY, UH, THE DISTRICT ATTORNEY RECOMMENDED TRACY, REPRESENTATIVE BELL AND OTHERS SHERIFF.

AND THE SHERIFF, UH, DIDN'T WANNA LEAVE YOU UP.

I FORGOT .

ANYWAY, SO THIS WAS ALL SENT DOWN TO AUSTIN AND OF COURSE ONLY THE GOVERNOR CAN APPOINT DISTRICT JUDGES, COMMISSIONER'S COURT CAN DO COUNTY COURT AT LAW JUDGES.

SO, UH, HERE WE ARE NOVEMBER THE 21ST.

STILL NO APPOINTMENT FOR THE DISTRICT COURT, YOU KNOW, WHEN TRACY RESIGNS, THAT WOULD LEAVE US TECHNICALLY THREE COURTS TO DO THE WORK OF FIVE, WHICH CAUSES BACKLOGS FOR OUR CITIZENS WHO NEED THINGS TAKEN CARE OF AT THE COURTHOUSE.

HOWEVER, THERE'S A SECTION AND I THINK, UH, MS. DA WOULD RECITE THAT HERE SHORTLY ABOUT I CAN, IF YOU WOULD, ON WHAT THE CONSTITUTION ALLOWS US TO DO.

WELL, JUDGE, WE WERE, UH, JUST DISCUSSING, UH, AFTER YOU SHARED AND JUDGE GRAY, THAT SHE'S RESIGNED AND THAT WE WERE GONNA ACCEPT THIS.

WE HAD TO LOOK AT WHAT THAT LEFT US AS FAR AS THE LEGALITY.

AND IN TEXAS, THE CONSTITUTION ACTUALLY SPEAKS TO THIS AS FAR AS WHEN A JUDGE RESIGNS.

UM, SPECIFICALLY IT'S ARTICLE 16, SECTION 65,

[00:15:01]

THE CONSTITUTION.

AND THAT'S THE FIRST PART.

BECAUSE WHAT THAT MEANS IS BY THE JUDGE RESIGN, THEN YOU HAVE WHAT'S LEFT OF THAT UNEXPIRED TERM OF HER OFFICE.

AND JUDGE GRAY AND I BOTH RAN IN 22.

AND SO SHE BEGAN HER NEW TERM IN JANUARY 25.

WHILE THAT'S IMPORTANT IS 23.

23, THANK YOU.

23.

I'M PROJECTING AHEAD THAT WHILE THAT'S IMPORTANT IS THE TRIGGERING LANGUAGE MEANS THAT IF YOU DON'T, IF YOU HAVE MORE THAN A YEAR AND 30 DAYS, JUDGE GRAY KNEW THAT THAT ANNOUNCEMENT WOULD MEAN THAT SHE WOULD RESIGN AND VACATE THAT POSITION.

BUT WORKING HAND IN HAND WITH THAT ARTICLE IN THE CONSTITUTION, IT'S ARTICLE 16, SECTION 17.

AND WE GENERALLY CALL THAT THE HOLDOVER PROVISION.

AND IT'S A PROVISION THAT ALLOWS OFFICER OF THE STATE, AND THIS WILL BE UP TO YOU GUYS AND, AND JUDGE GRAY'S CONSENT.

BUT THERE'S NOTHING TO DO.

THERE'S NO TRIGGERING, THERE'S NO REALLY ANNOUNCEMENT EXCEPT WE ARE DOING THIS.

SO THE CITIZENS KNOW THAT THEY, A PERSON HOLDS OVER IN THAT OFFICE TO CONTINUE TO PERFORM THE DUTIES OF THEIR OFFICE UNTIL THEIR SUCCESSORS SHALL BE DEAR QUALIFIED IN THE CASE.

JUDGE, AS YOU'VE ALREADY POINTED OUT, THAT WOULD BE QUALIFIED, WOULD BE FOR THE COMMISSIONER'S COURT TO APPOINT SOMEONE FOR COUNTY COURT AT LAW, ASKING THAT I'M NOT NO PRESSURE, BUT IT ALMOST PUTS THE RESPONSIBILITY ON JUDGE GRAY TO ESTATE AND HOLD ALL AND HOLD OFFICE.

THE PURPOSE OF THAT IS TO PREVENT VACANCIES IN OFFICE AND, AND A CONSISTENT SECESSION OF THE FUNCTIONS OF GOVERNMENT.

AND THAT CASE WAS SO OLD.

THAT'S A 1938 CASE WE DID.

OH, IT'S JUST OUTSIDE.

OUTSIDE.

AND THOUGH WE DID A LITTLE MORE CURRENT RESEARCH TO MAKE SURE, BECAUSE THERE ARE A FEW CASES, THERE ARE A FEW CASES WHERE, UM, SOMEONE CHALLENGED THAT THANK YOU COMMISSIONER AND THAT HAS STILL BEEN UPHELD IS THAT IT IS APPLICABLE AND IT SPECIFICALLY SITES TO A CASE.

THERE ARE EXCEPTIONS.

IF YOU REACH 75 IN A OFFICE LIKE A DISTRICT COURT, AND WE KNOW THAT WAS ONE OF THE AMENDMENTS THAT DIDN'T JUDGE GRAY IS I'M NOT 75, YOU'RE NOT 75.

SHE'S, SHE DOESN'T, SHE'S NOT, SHE'S A GOOD LOOKING 75.

BUT SHE IS AND SHE, SO THAT'S A PROVISION WHERE YOU CAN'T HOLD OVER OR IF IT'S A OFFICE WHERE YOU ARE, HAVE TWO OFFICES, WHICH WOULD BE A PROBLEM.

'CAUSE YOU'VE GOT TWO OFFICES OF A MONUMENT AND THEN ONE FOR PROFIT.

NONE OF THESE EXCEPTIONS ARE APPLICABLE.

AND THEN ACTUALLY THERE'S A 1996 ATTORNEY GENERAL OPINION THAT SPOKE TO THIS ISSUE IN HOPKINS COUNTY.

AND TO TAKE APART FROM THAT, UM, IT DOES ALMOST, YOU KNOW, REQUIRE HER TO STAY UP AND UNTIL THERE'S SOMEONE QUALIFIES.

SO WHAT THAT MEANS IS JUDGE GRAY AND Y'ALL VISIT WITH HER WILL HOLD OVER UNTIL THERE'S A REPLACEMENT FOR COUNTY COURT AT LAW.

AND THAT REPLACEMENT WOULD COME FROM THIS COURT.

AND WE WOULD TALK ABOUT THAT OPENLY PUTTING APPLICATIONS IN AND YOU GUYS DOING WHAT YOU NEED TO, TO MAKE THAT APPOINTMENT.

DOES THAT COVER EVERYTHING? 'CAUSE WE KNOW WHY IT'S TRIGGERED.

SHE'S JUST TRYING TO RESIGN.

SO SHE HAS TO VACATE.

BUT IN THE ABSENCE OF A QUALIFIED PERSON BEING THERE, THE CONSTITUTION PROVIDES FOR A HOLDOVER.

AND YOU CAN IMAGINE WHEN THE TEXAS CONSTITUTION IS WRITTEN, PEOPLE WOULD COME FROM ALL OVER AND SOMEBODY HAS TO CONTINUE TO DO THE BUSINESS THAT'S REQUIRED TO DO.

AND I, AND I THINK WE'VE COME TO A CONSENSUS THAT WE ARE NOT GOING TO APPOINT.

I THINK THIS IS A GOOD WAY, THE WAY GETS SO CLOSE TO ELECTION TIME THAT THOSE WHO WANT THE POSITION NEED TO HAVE THE OPPORTUNITY TO SIGN UP AND RUN FOR IT.

WELL, I KNEW YOU GUYS WANTED TO TALK ABOUT IT BECAUSE I KNOW Y'ALL CAN'T TALK ABOUT THOSE THINGS UNLESS YOU'RE ALL TOGETHER.

AND SO, UM, THAT'S UP TO YOU GUYS WE HAVE AND, AND, AND JUDGE AND SEEING WHAT HER THINK THOUGHTS ARE.

BUT, UM, DOESN'T THAT KIND OF SOLVE TWO PROBLEMS AT THE SAME TIME? IF WE ALLOW 'EM TO RUN, THEN YEAH, SHE CAN CONTINUE WITH THE COURT UNTIL THE ELECTION'S OVER.

WELL, I WILL TAKE MY HAT OFF AND REPRESENTING Y'ALL FOR A MINUTE.

SAY, AS THE CRIMINAL DISTRICT ATTORNEY, I THINK IT'S A LOVELY IDEA TO KEEP JUDGE BECAUSE SHE'S RESIGNING.

AND I THINK, I KNOW THAT ONE OF THE THINGS THAT JUDGE ALLEN AND I TALKED ABOUT IS WE WANTED TO COMMEND HER WORK THAT SHE'S BEEN DOING.

SHE'S HAD A COMPLETED TERM AND STARTED A NEW ONE, HAS DONE A GREAT JOB WITH COUNTY COURT OF LAW.

I'M A LITTLE BIASED WITH THAT COURT.

AND SO IT'S ALWAYS MAKES ME FEEL GOOD TO KNOW YOU'VE GOT SOMEONE THAT CARESS ABOUT THE KIDS AND THE JUVENILE.

AND SO THE COURT WILL HAVE TO DECIDE THEY ACCEPT.

BUT IF THEY DO ACCEPT YOUR RESIGNATION, WE APPRECIATE THE HARD WORK AND VALUE THE TRADITIONS OF COUNTY COURT OF LAW.

AND I THINK I'M A PERSON TO SAY THAT.

WELL, AND WHEN I WAS ON THE FIRST FLOOR WITH, WITH JUDGE GRAY, I SAW EXACTLY WHAT WENT ON EVERY DAY.

VERY BUSY COURT HANDLED THE JUVENILES EXTREMELY WELL, UH, IN OUR CONCERN ABOUT THE, THESE JUVENILES.

IT'S, IT TAKES A LOT TO PUT UP WITH THAT.

[00:20:01]

THAT'S RIGHT.

YOU KNOW, YOU'VE GOT THE JUVENILES AND YOU'VE GOT THE BABIES WITH CPS.

AND IT, IT, YOU KNOW, THE DISTRICT JUDGES AREN'T HERE.

IF THEY WERE, I'D SAY IT'S STILL TO THEIR FACE.

IT IS THE BUSIEST COURT.

IT DOES A LOT.

IT WAS CREATED FIRST IN 96 TO BE THE GAP WITH THE DISTRICT COURTS.

SO IT DOES ALL YOUR CPS, SHE PRESIDES OVER THAT, PRESIDES OVER ALL THE JUVENILE.

SO WE HAD TO HAVE THE RIGHT PERSON.

AND IF, IF Y'ALL ALL AGREE WITH COMMISSIONER PHILLIPS AND YOU, THEN IT SEEMS LIKE THE VOTERS SHOULD MAKE THAT DECISION.

BUT WE KNOW THE VOTERS HAVE ALREADY SELECTED JUDGE GRAY.

I THINK SO.

AND YOU KNOW, WITH HER EXPERIENCE, SHE'S REALLY, AS FAR AS I KNOW, SHE'S THE ONLY ONE THAT'S REALLY QUALIFIED TO FILL THE DISTRICT JUDGE POSITION.

AND I THINK WE ALL ATTEST TO THAT.

'CAUSE WE'VE ALREADY SAID SO AND WE ONLY HAVE ONE PERSON HOLDING UP THE APPOINTMENT.

UH, I JUST, I THINK IT'S RIGHT.

THAT'S SENATOR DECISION THAT THIS, IT KEEPS THIS JOB FULL.

IT DOES UNTIL THE NEXT ELECTION.

AND THEN WE ALSO HAVE A VISITING JOB KIND OF COVER THE OTHER ONE.

SO I THINK, I THINK, UM, BUT WE CAN'T AFFORD TO HAVE THREE COURTS GOING.

THAT'S RIGHT.

THAT'S, WE CAN'T DO THAT.

I WOULD AGREE, EVEN THOUGH IT'S HOLIDAY TIME, WE'RE GONNA BE HUMPING AND BUMPING IN JANUARY.

YES, YES.

I MEAN, IT'S GONNA BE CRAZY.

UM, AND BUT UNDERSTAND WAY NEXT NOVEMBER.

BUT YEAH, BUT I'M, YEAH, I MEAN, BUT UNDERSTAND THAT AFTER THE PRIMARY, YOU GENTLEMEN COULD DECIDE TO APPOINT BASED ON THE RESULTS OF THAT ELECTION.

SO WE DON'T HAVE HAVE TO WAIT UNTIL JANUARY ANYTIME, ANYTIME Y'ALL WANT TO.

RIGHT.

I DON'T KNOW.

BUT WE WON'T BE ABLE TO DO THAT FOR THE DISTRICT JUDGE THOUGH.

NO, SIR.

YEAH, THAT'S WHAT I'M SAYING.

NO, SIR.

SO I MEAN, WE'RE STILL IN THE SAME KIND OF THING.

WELL, WE WOULD THINK THAT THE GOVERNOR WOULD MAKE AN APPOINTMENT AFTER THE PRIMARY AS WELL.

THE DEADLINE AND GIVEN MYSELF SOME MORE TIME.

WELL, WE CAN SEE WHAT THAT TURNS OUT.

BUT YOU STILL DON'T IF SOMEBODY RUNS ON THE OPPOSITE SIDE YES SIR.

WE WOULDN'T HAVE A REAL ANSWER UNTIL NOVEMBER.

SO YOU'RE RIGHT.

THERE'S NO REASON TO ASSUME THAT.

CORRECT.

THAT'S A GOOD WELL I LOOK AT IT, YOU KNOW, IF YOU, IF YOU RESIGN, WHICH WE KNOW, BUT I MEAN, SHE'S ALREADY RIGHT.

I MEAN, SHE'S GAVE A LETTER, BUT I'M JUST SAYING I THINK IT FILLS THE VOID ALL THE WAY NEXT NOVEMBER NO MATTER WHAT HAPPENS.

WELL, IT DOES, UNLESS THE GOVERNOR DECIDES HE WANTS TO CHANGE HIS MIND.

AND IF HE DOES, I THINK YOU GUYS ARE WELL WITHIN YOUR RIGHTS TO ACT AND THEN WE CAN MAKE A DECISION THEN.

BUT THERE'S NO MOTION, THERE'S NO ACTION TO, TO BE TAKEN FOR HOLDOVER.

THE CONSTITUTION PROVIDES AND IT DOES, DID THE PAPERWORK, IF YOU GUYS WANT A COPY OF THAT MEMO, LET ME KNOW, BUT I'VE GOT IT.

MS. JUDGE GRAY, WOULD YOU LIKE TO SAY SOMETHING? I I WOULD, UM, IT, IT HAS BEEN, UM, A GREAT HONOR TO HAVE SERVED AS THE COUNTY COURT OF LAW FOR THE LAST FIVE YEARS.

AND THE DECISION TO RESIGN WAS NOT MADE LIGHTLY.

IT WAS SEVERAL MONTHS, UM, TALKING WITH MY FAMILY PRAYER, MANY OF YOU.

AND, UM, THE TEXAS CONSTITUTION REQUIRES IT IN ORDER.

UH, IF I DECIDE TO RUN FOR THE FOUR 89TH, THE LEGISLATURE RIGHTLY SAW THE NEEDS OF OUR COUNTY AND CREATED A FIFTH COURT FOR THE FIRST TIME IN 20 YEARS.

UH, IT IS A NEED THAT WE HAVE AND I DECIDED TO APPLY FOR IT, AND I'VE DECIDED TO RUN FOR IT.

AND IT'S, IT IS ONLY FOR OUR COUNTY.

AND SO IT'S, IT'S NOT LIKE I WOULD BE GOING ANYWHERE.

I WOULD BE SERVING THE COUNTY IN A DIFFERENT WAY.

UM, HOWEVER, THE TEXAS CONSTITUTION REQUIRES THAT I RESIGN BECAUSE I'M IN THE MIDDLE OF A TERM.

UH, SO I, FRANKLY, I THOUGHT I WAS PACKING UP LAST WEDNESDAY AND THOUGHT I WAS LEAVING.

AND THAT WAS, AND THEN I CALLED YOU UNTIL JUDGE WILEY SAID, I DON'T THINK THAT'S, YOU KNOW, I THINK THERE'S A HOLDOVER.

I I WOULD LOVE TO CONTINUE SERVING, UH, THE COUNTY AND THE CITIZENS OF THIS COUNTY AS THE COUNTY COURT OF LAW JUDGE.

UM, UNTIL THERE IS A SUCCESSOR PART OF THE TIMING FOR, AND I, I, I GAVE A RESIGNATION.

I ACTUALLY DIDN'T HAVE TO BECAUSE JUST APPLYING FOR THE FOUR 89TH WAS ENOUGH TO TRIGGER A RESIGNATION.

HOWEVER, THE REASON I WENT AHEAD AND RESIGNED IS SO THAT THE PUBLIC COULD UNDERSTAND WHAT MY THINKING WAS ON ALL OF THOSE THINGS.

BUT ALSO THE TIMING OF IT.

IF I HAD WAITED UNTIL I THINK FIVE DAYS BEFORE DECEMBER 11TH, WHICH IS THE DEADLINE, THEN IT WOULDN'T GO THE, THE COUNTY COURT AT LAW, THE NEXT POSITION WOULD NOT GO TO ELECTION.

AND I PERSONALLY THOUGHT THAT THAT WAS IMPORTANT TO OUR CITIZENS TO BE ABLE TO CHOOSE MY SUCCESSOR.

UM, AND FOR YOU GUYS TO SEE WHO OUT OUT THERE IS WILLING TO RUN FOR IT THEMSELVES.

I THINK THAT THAT IS AN IMPORTANT PART OF OUR GOVERNMENT TO ALLOW THE CITIZENS TO HAVE THAT CHOICE.

AND SO THAT'S WHY I ACTUALLY MADE THE DECISION WHEN I DID.

I COULD HAVE WAITED UNTIL

[00:25:01]

I DID NOT THINK I WOULD BE STAYING.

UM, I MADE THAT DECISION, UM, BECAUSE I THOUGHT IT WAS THE BEST THING FOR THE COUNTY AND FOR THE CITIZENS.

UM, THERE WILL, IT SHOULD BE ON THE ELECTION.

IT SHOULD BE, IT SHOULD BE THERE.

SO, UM, THAT'S ANOTHER POSITION THAT PEOPLE CAN RUN FOR.

AND, UM, YEAH.

THANK YOU ALL FOR YOUR TRUST IN ME.

UM, I, I DON'T KNOW IF ANYONE HAS FILED FOR THE FOUR 89TH, HOWEVER, DEADLINE IS THE DECEMBER 11TH AND I BELIEVE THIS PUTS THE COUNTY COURT AT LAW ON THE BALLOT AS WELL FOR OTHERS TO SIGN UP FOR TO APPLY.

I CAUGHT THAT.

THANK YOU SO MUCH FOR THE, THE OPPORTUNITIES THAT I'VE HAD AND, UH, WE'LL CONTINUE TO HAVE IN THE TRUST YOU HAVE IN ME.

ARE THERE ANY QUESTIONS, ? NO, I DON'T THINK THERE'S ANY QUESTIONS.

WE, WE THANK YOU FOR DOING WHAT YOU'RE GONNA DO AND WE THANK YOU AGAIN FOR WILLING TO DO THE HOLDOVER POSITION.

OH, ABSOLUTELY.

I I THINK THAT'S, I THINK THAT'S WONDERFUL AND THAT, AND LIKE YOU SAID, THE PEOPLE HAS ELECTED YOU TO THIS JOB.

WE COULDN'T APPOINT ANYBODY ANY BETTER FOR THE JOB.

SO I MEAN, THAT WOULD BE IMPOSSIBLE.

WELL, THANK YOU.

SO THAT'S WHAT, THAT'S WHO CHOSE YOU.

AND WE WON'T, WHO CHOSE YOU? WE WON'T, WE WON'T.

OTHER PEOPLE CHOSE AND THAT YOU, I APPRECIATE YOU AND SO WE'LL CONTINUE TO OPERATE THAT WAY UNTIL SOMETHING TRIGGERS IT DIFFERENTLY.

UNDERSTOOD.

MIKE, YOU WANT ME TO SAY ANYTHING? I THINK IT'S ALL BEEN SAID.

I MEAN IT'S JUST, YOU KNOW, 'CAUSE YOU GOT TO BRING, IF YOU DID APPOINT SOMEBODY, YOU GOTTA BRING 'EM UP TO SPEED FOR ALL THOSE CASES.

IT JUST SLOWS DOWN.

THE JUDICIAL SYSTEM.

SO THIS IS THE SMOOTHEST WAY IN EVERYTHING THAT SKE SAID, I'LL SAY DITTO.

DITTO.

JUST WANNA SAY THANK YOU TRACY.

WE REALLY APPRECIATE YOU.

THANK YOU JUDGE.

I APPRECIATE Y'ALL DOING THIS.

THIS GONNA HELP ME A BIG TIME.

I APPRECIATE IT.

YOU BET.

SOME JUSTICE MOVING FOR DON'T, DON'T PACK NOTHING ELSE.

IT'S VERY, VERY IMPORTANT TO DO THE THINGS THE RIGHT WAY.

AND I THINK YOU HAVE DONE THAT.

AND I THINK WE'RE DOING THAT 'CAUSE WE REPRESENT THE VOTERS.

AND SO THAT'S FIRST AND FOREMOST.

AND THEN TAKE CARE OF THOSE IN YOUR COURT.

CAN I SAY SOMETHING? SURE.

I WANNA PERSONALLY THANK YOU BECAUSE YOU, YOU'VE DONE A GREAT JOB AND I KNOW YOU CARE.

I CAN FEEL IT FROM HERE.

IT'S NOT PLAY.

AND WHEN YOU TOOK CONTROL, YOU BROUGHT OUR CPS ATTORNEY FEES DOWN TO A REASONABLE LIMIT.

AND WE HAVEN'T REALLY WENT OVER BUDGET FINANCIALLY.

I THANK YOU FOR THE COUNTY .

OUR CPS ATTORNEYS DO AN AMAZING JOB.

YES, THEY DO.

THEY WORK SO HARD.

UM, IT'S A GOOD GROUP.

IT'S A AND THEY, UH, I DON'T THINK THEY'RE DOING IT ACTUALLY FOR THE MONEY.

NO, I'LL TELL YOU THAT THEY'RE NOT.

THEY DO BECAUSE IT'S A LABOR OF LOVE.

AND IT'S A LABOR YEAH, IT IS.

JUST WANTED TO SAY THANK YOU.

DON'T NEED NO, NO, NOTHING.

WE NEED, THIS IS ALL CONSTITUTION.

NO ONE THAT I NORMALLY YOU PUT IT ON HERE.

I JUST WANT Y'ALL TO KNOW THE ONE I MAKE.

WHAT? OH, YOU.

OH, HE WANTS TO MAKE THE ADJOURNMENT .

BUT TO BE, TO BE CLEAR IN ACTION IN THIS CASE IS ACTION BECAUSE THE CONSTITUTION KICKS IN AND THERE'S NOTHING WE HAVE TO DO, WE NEED TO DO.

THE ONLY THING THAT'LL CHANGE IS IF THERE IS A REASON WHERE JUDGE GRAY COULDN'T HOLD OVER, WHICH WE KNOW WHERE THAT WOULD BE IN ANTICIPATION OF AN APPOINTMENT, THEN WE WILL DEAL THAT WE DISCUSS ABOUT IT.

THAT'S RIGHT.

AND Y'ALL TELL ME HOW Y'ALL WANT THAT SET UP AND WE'LL PUT AN APPLICATION ON THE WEBSITE AND GO FROM THERE.

MOTION OF THE DAY TO ADJOURN.

MM-HMM.

SO ONLY THING CONSIDER IS EVERYONE SAY THANK YOU.

MM-HMM.

, THANK YOU VERY, VERY MUCH.

ALRIGHT, NOW I'LL MAKE THIS FINAL

[14. Adjourn Meeting]

WE ADJOURN THIS MEETING.

YOU MADE THE MOTION AND COMMISSIONER TCHO THERE.

HE'S READY TO GO.

NO.

OH.

TERRY, BARBARA, LARRY.

BARBARA'S GOT A SECOND.

I'LL SECOND THIS.

YOU SECONDED? ALL IN FAVOR SAY AYE.

WE ARE ADJOURNED.