The Cameron County Commissioners Court Legal Division has released a statement pertaining to an April 14 press conference held by Robert Gracia, chief deputy of the Cameron County Sheriff’s Department.
The Legal Division said the press conference, held on behalf of Sheriff Eric Garza, “highlighted Sheriff Eric Garza’s misunderstanding of this lawsuit’s central issue-the separation of power.”
The Cameron County Commissioners Court last week filed a temporary restraining order petition against Garza alleging he is taking actions beyond his duties as sheriff.
The TRO was filed April 14 and the Commissioners Court Civil Legal Division said it had no choice but to file the suit because Garza acted outside the scope of his legal authority.
In its statement released Monday, the Legal Division writes “This case is not about ‘politics’ and is not about ‘delegation.’ This is about Mr. Garza’s unwillingness or inability to follow a simple legal and administrative process that every Cameron County elected official must abide by and does so.”
The Legal Division states that Commissioners Court is not arguing that Garza should be kept from securing the courthouse. It is arguing the way Garza went about seizing the courthouse security duties and responsibilities, which it says was done improperly and illegally.
“ The regulations in question are budgetary and organizational in nature, both of which fall under the County’s exclusive legal powers. The moment Mr. Garza agrees to follow the County’s regulations and procedures, the process may begin,” the statement reads. “To do otherwise is an attempt to usurp budgetary and organizational authority from the County and divert time, personnel, and resources away from county residents. This cannot and will not stand.”
During the April 14 press conference Gracia said the County’s Civil Division sued its own client and “this is without a doubt a waste of the tax payers money.” Because Garza is a litigant in the TRO, he is unable to comment on it, Gracia said.
Gracia said the Commissioners Court is preventing Garza from doing his duties to protect the public, which he was elected to do. “Instead of handling this like responsible elected officials we will be heading to court to decide who should provide security at the Cameron County Courthouse. He said that Garza believes he will prevail in the suit.
Gracia added that all court orders issued by judges will be followed. “We do everything strictly by the law.”
The TRO states that without authority Garza seized the court’s budget decisions and has disregarded the powers and authorities imposed by the Civil Service Regulations and unilaterally terminated a Memorandum of Understanding.
A hearing for the TRO has been scheduled for 10 a.m. April 27, in the 445th state District Court in Cameron County.
