Commissioners Court - Regular Session

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21.

Meeting Date:	04/05/2011
Submitted By:	Wendy Coco, County Judge
Department:	County Judge

Information

Agenda Item

Consider and take appropriate action on the following findings by the Williamson County Commissioners Court in relation to reimbursing Dan A. Gattis for attorneys fees and costs that he incurred, in his personal capacity, in defense of a removal suit filed by Jana Duty in Cause No. 10-1428-C26; The State of Texas ex rel. Jana Duty, County Attorney of Williamson County, Texas vs. Dan A. Gattis, County Judge of Williamson County, Texas, In the 26th District Court, Williamson County, Texas (the “Removal Suit”):

(1) The interests of Williamson County were at stake in the Removal Suit as opposed to only Dan A. Gattis’ personal interest being at stake in the Removal Suit;
(2) The Removal Suit filed by Jana Duty against Dan A. Gattis was unsuccessful as it was ultimately dismissed with prejudice by Order of Dismissal dated January 21, 2011;
(3) Any and all actions actually taken by Judge Dan A. Gattis relating to the Removal Suit were undertaken while acting in good faith within the scope of his official duties;
(4) Williamson County shall reimburse Dan A. Gattis for all attorneys fees and costs incurred by him in the Removal Suit in the total amount of $12,860.50; and
(5) Order No. 53 of the Regular Session of the Williamson County Commissioners Court held on Tuesday, March 22, 2011 shall be replaced by the findings set forth herein.

Background

The findings that are necessary to allow reimbursement by Williamson County to Dan A. Gattis are based on Attorney General Opinion JC-0294 (2000). Said Opinion is attached to this item for your review.
The following could provide possible support and justifications for the required findings:

(1) If Williamson County Judge Dan A. Gattis were removed, it would disrupt the business of Williamson County since a new judge would have had to be appointed and there would be a period of time before he or she could serve as an effective county judge for Williamson County;
(2) The fact that the failure of Williamson County to provide representation would deter persons from seeking office if they think that they will have to spend their own funds to fight charges arising from their performance of their official duties. To the extent that the charges are without foundation or are political or vindictive in nature, this reason assumes greater significance.
(3) Officials should not have to assume the personal burden of defending against frivolous suits brought against them due to their official duties. Because the court declined even to issue citation and because the statute exempted actions taken before the current term of office from being grounds for removal, the court could reasonably determine that the Removal Suit was frivolous.

Fiscal Impact

From/To	Acct No.	Description	Amount

Attachments
Order of Dismissal
ABD Invoice
Gattis Letter & Check
Tx Atty Gen Opinion

Form Review

Form Started By: Wendy Coco		Started On: 04/01/2011 03:38 PM
Final Approval Date: 04/01/2011