Commissioners table hiring law firm in petition matter

The Commissioners Court on Tuesday, April 26, tabled a question of contracting with an Austin law firm for legal guidance regarding a petition asking for an outside investigation into whether Precinct 4 Commissioner Dave Eagle lives in his precinct.

The matter will be taken up again at the court’s regular meeting on Tuesday, May 10.

The action occurred during a special called meeting that took place after the regular Commissioners Court meeting. The petition was discussed at both meetings, but the special session was due to the law firm’s proposed general services agreement not being received before the deadline for agenda items for the regular meeting.

The atmosphere at both meetings was charged, with some audience members raising their voices and speaking over others at the podium, or court members seated at the dais. One person hissed loudly.

At times, County Judge Ron Massingill called for order. He asked Sheriff Roger Deeds to remove Republican Party Chair-elect Steve Biggers due to his comportment at the podium.

The petition, containing 120 signatures, was submitted to the Commissioners Court during its regular meeting on April 12.

Eagle has a cheese company and a pizza restaurant in Lipan, which is in Precinct 1, but his stated place of residence is at 2615 Hillside Dr. in Precinct 4’s Oak Trail Shores. He has a homestead exemption for that property, but there are questions as to whether he lives there and whether that site has recently been serviced by utilities.

Eagle is seeking a second term. He won the Republican primary in March and is slated to be on the November ballot facing Democratic challenger Grant Wood.

If an investigation finds that Eagle violated the law, he could be removed from both the Precinct 4 seat and the ballot. If that happens, the Republican Party has until Aug. 29 to submit the name of a replacement for that ballot.

HEATED DEBATE

Some who spoke at Tuesday’s meetings supported an investigation. Others expressed concerns about whether the Commissioners Court has authority to act on the petition.

Some warned that any action taken by the court regarding the petition could be a “slippery slope” possibly resulting in elected officials investigating their political rivals. Some also said they did not want their tax dollars spent on an outside law firm when the county has a district attorney and a county attorney.

Eagle indicated that the considered action is being led by members of the court who oppose him and said that hiring the law firm would be a “blank check” for going after “political enemies.”

Massingill noted that Eagle could simply provide months of utility bills to settle the matter.

Precinct 1 Commissioner Kevin Andrews said the matter should be taken to district court.

Massingill said that there are questions as to “what must be filed, by whom, and where.”

He referred to the proposed general services agreement with Bickerstaff Heath Delgado Acosta, LLP as a “rules of the road check ride.”

Charles R. Kimbrough, an attorney with that firm, addressed the court and answered questions from a couple of audience members.

If the county enters into a general services agreement with the law firm, it would be at no cost initially. It would essentially mean that the county becomes the law firm’s client, and attorneys would be available to offer guidance and assistance on the petition as well as any other matters impacting the county. Billing would occur when services are rendered.

During an exchange between County Attorney Matt Mills and the court, Mills acknowledged that he himself had been a commissioner when a commissioner was removed from his seat in 2001 over a residency issue. That commissioner, Cliff Moody, built a home in Somervell County and was reported to be living there but still owned a home in Pecan Plantation.

Mills said that two deputies escorted Moody out of a Commissioners Court meeting and that a replacement was immediately appointed. He said that Moody sued the county and received a settlement of about $35,000.

Eagle’s situation might be further complicated by changes to election laws pertaining to residency that took effect on Sept. 1 of last year and were in effect when he filed candidacy paperwork in November. On that paperwork, he listed the Hillside property as his “permanent residence address.”

There was discussion about Mills, not the Austin law firm, advising the court on the petition matter.

The petition requests that the county “contract with or employ an outside entity that will fairly and without bias investigate to the full extent the validity” of Eagle’s stated home address.

Precinct 3 Commissioner Jack Wilson made a motion to table the question about the Bickerstaff firm, and it passed in a 4-1 vote with Eagle abstaining.

Precinct 2 Commissioner Ron Cotton told the Hood County News afterward that he intends to push for what the petitioners requested.

“I want an independent, outside, neutral investigation and prosecutor, and that’s what the petition asks for,” he said.

He noted that the use of out-of-county authorities would “protect the county and Dave Eagle both.”