In a hearing Tuesday before the 445th State District Court, Judge Gloria Rincones denied a motion by Cameron County to dismiss a counterclaim by Sheriff Eric Garza against the county, which sued Garza for allegedly exceeding his official capacity in Garza’s handling of a transfer of courthouse security from the Precinct 2 county constable’s office to the sheriff’s department.
Rincones did, however, grant the plaintiff’s motion for an expedited trial period and shortened discovery period to decide the legal dispute between the county and Garza, whose counterclaim argued that the county is obligated under the law to provide him with legal counsel in the dispute.
(READ: Cameron County Courthouse security transfer tabled)
The commissioners court civil legal division on April 14 filed a temporary restraining order petition against the sheriff, alleging he had acted beyond his authority in making budget decisions for the commissioners court, disregarded civil service regulations and improperly unilaterally terminated a memorandum of understanding the sheriff’s department under former sheriff Omar Lucio made with Precinct 2 Cameron County Constable Abelardo Gomez Jr., which involved Gomez’s officers providing courthouse security.
Rincones on April 27 dissolved the TRO and denied the commissioners court’s petition for a temporary injunction against Garza. At Tuesday’s hearing, the judge ordered mediation between the two sides for July 16 and a bench trial — as opposed to a jury trial — for July 26.
Earlier on Tuesday the commissioners court tabled for the third time three agenda items for “consideration, discussion and action” on the transfer of all equipment, uniforms and material related to courthouse security, transfer of the budget and the transfer/reclassification of 15 deputies from the constable’s office to the sheriff’s department.
Commissioners voted to table the items after county attorney Juan Gonzalez said a meeting of a courthouse security committee chaired by 107th State District Court Judge Benjamin Euresti Jr. determined that issues remain to be resolved between the sheriff’s department and county regarding the transfer of courthouse security from the constable’s office to the sheriff’s department.
