Brown County Commissioners were set to hear a complaint Monday from former Deputy Michelle Holder concerning her termination by the Brown County Sheriff’s Office; however, due to legal wording on the agenda, the executive session regarding the complaint was rescheduled for Thursday, March 27th at 10:00 a.m.
County Attorney Shane Britton and County Judge Ray West disagreed on the interpretation of the provision of the open meetings law, Chapter 551, Texas Government Code, in accordance with the requirements and authority set out in Section 551.074 to “consider the grievance by Michelle Holder concerning termination of employment by Brown County Sheriff’s Office pursuant to the Brown County Personnel Policy Manual.”
“I don’t think you can consider a complaint from a former employee; otherwise employees from 10 years ago could complain,” said Britton.
According to Britton, the personnel manual outlines that county employees have the right to take their complaints to commissioner’s court.“The personnel manual states that an employee can take their complaint to the commissioners’ court,” said Britton. “No action is able to be done, only gives them (employee) an opportunity to air their compliant to the court.”
Britton explained in court Monday that the way the item was written on the agenda was incorrectly written as it identified the complainant against the Brown County Sheriff’s Office, when it should read Brown County Sheriff. This technicality is important because as the government code is written, executive sessions under 551.074 are reserved for current employees or those pending termination, and that Holder is a former employee, according to Britton. He explained that the complaint could be heard if an officer was named, suggesting that the word “Office” be dropped from the agendaed item, changing it to “Brown County Sheriff,” making the complainant against a specifically named officer.
West disagreed and stated that he felt the delay was “postponing the inevitable.”
Commissioners voted to follow Britton’s advice and re-agenda the matter as soon as possible, which would be 10:00 a.m. on Thursday due to the legal requirement to post a meeting’s agenda publicly at least 72 hours in advance.
In other matters on Monday’s agenda:
*Commissioners took no action on the burn ban, it remains in effect. Commissioners felt it wise to leave the ban in place.
“We have some good prospects for rain, but my opinion is to leave it in place until we see some rain,” said Commissioner Joel Kelton, Precinct 2.
*Commissioner Kelton received approval for an application to install a private line on County Road 487. According to Kelton, this is an irrigation line which will require a bore underneath the paved county road, to be done to county specifications.
*Brown Count Sheriff’s Office received approval of two employee changes. According to Chief Deputy Bobby Duvall, Herby Martin will be leaving his road crew position with the precinct to replace Howard Michael as a jailer. Betty Jo Clay will replace Clinton Almgren in the second jailer position, stated Duvall. He also stated that the current jail count as of Monday morning was 166 with two inmates which were housed under contract with two other counties.
Commissioners’ court recessed until their next meeting scheduled for 10:00 a.m. Thursday, March 27, 2014.
