COMMISSIONERS COURT AGENDA REQUEST o`ff' MADE BY: Larry Griffin MEETING DATE: November 25. 2002 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner. Precinct 4 TIME PREFERRED: Consider and discuss hiring Tom Pollard, or other outside counsel, to advise the Commissioners Court on whether the Commissioners Court -may engage an outside counsel to pursue collection of existing and outstanding Judgments nisei. EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner Griffin ESTiiV1ATED LENGTH OF PRESENTATION: IF PERSONNCL MAI 1 ER -NAME OF EivIPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance ,nnth Ti+ia 5, chapter 551 and 552, Government Code, is as foiiows. R!lca±::~:n arkrrd+dcrt frer R!lrtnrl~„c- T!-IIC ~}F~3 i~ST ~1Ff`. F!?!F rS RY- T:y~~ rye ~~ ir~i~ ~~{?~F',.'C!'~ ^`_. ~-nn p !!-4 r:r~-::~r::,a T acA~" _.-, .._., r.__._~_ . ~___~~. All Agenda Requests will be screened by the County Judge's Office to determine if adequate .-L _ L. __ L _i5 "J ii:T G~._ 1'. ._l,_ a __1 =_:.J_ __L ~ _ _3 Meetings. Your cooperation will be appreciated and contribute towards you request being This item relates to the actual collection of money by Kerr County from forfeited bail bonds. There is about $160,000 of forfeited bail bond money currently pending collection by the county. There are essentially two steps required by law in this process: 1. A judgment is entered by the appropriate court that a bail bond is in forfeiture. 2. Further legal action by the county is then required to actually collect the money. It appears that the state statutes are clear that legal action in Step 1 is the sole responsibility of the County Attorney. In the case of the $160,000 that step has already been completed and is not in question. However, the Kerr County Attorney has stated that in light of other responsibilities he cannot give any significant priority to completion of Step 2 in the process. Therefore, the citizens of Kerr County are deprived of the $160,000 -- plus interest that would accrue if the money were held by the county. While the statutes are clear on Step 1 responsibilities, they are not so clear on Step 2. It appears probable that Step 2 could be accomplished by outside counsel. Since the net revenues ($160,000 minus cost of outside counsel) would be better than leaving the money "on the table," the purpose of this agenda item is to consider and discuss what action the Commissioners Court might be able to take to collect the money. LG