Commissioners Court - Regular Session

Issue viewing agenda items? Click here to switch to the old format.

Return to the Minutes Page

36.

Meeting Date:	06/09/2015
Appointment of County Officers
Submitted For:	Dan Gattis	Submitted By:	Stanley Springerley, County Judge
Department:	County Judge
Agenda Category:	Executive Session

Information

Agenda Item

Deliberate the appointment of Williamson County officers, including but not limited to vacancy in the office of judge of a statutory county court pursuant to Tex. Gov’t § 25.0009 and consult, receive, and seek advice from attorney regarding constitutional and statutory requirements pertaining to same (Executive Session as per Tex. Gov. Code Section 551.074 – Personnel Matters & VTCA Govt. Code sec. 551.071 consultation with attorney.)

Background

With regard to statutory county court at law judges, the applicable rule requires that commissioners “shall” fill the vacancy. Tex. Gov’t § 25.0009 (stating that “The commissioners court of each county shall appoint a person to fill a vacancy in the office of judge of a statutory county court … The appointee holds office until the next general election and until the successor is elected and has qualified.”).

Attached is the Attorney General’s opinion discussing the interchange between the terms “may” and “shall” as they apply to appointment statutes. Also, it is important to note that failure to address a vacancy may be problematic due to the Texas Constitutional “holdover provision.” Tex. Const. art. XVI, § 17 (mandating “[a]ll officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified.”).

Please note that it will be prudent for the commissioners to formally accept the resignation of the judge that creates the vacancy. Tex. Election Code § 201.-001(a), (b) (A resignation is required by the Election Code to be in writing, signed, and delivered to the “appropriate authority” (usually the presiding officer or clerk of the body that fills the vacancy) who “must” accept it.).

Fiscal Impact

From/To	Acct No.	Description	Amount

Attachments
No file(s) attached.

Form Review

Inbox	Reviewed By	Date
County Judge Exec Asst.	Wendy Coco	06/04/2015 12:03 PM
Form Started By: Stanley Springerley		Started On: 06/04/2015 11:10 AM
Final Approval Date: 06/04/2015