1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Thursday, January 1, 2009 10:00 a.m. District Courtroom #1 Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 BRUCE OEHLER, Commissioner Pct. 4 ABSENT: JONATHAN LETZ, Commissioner Pct. 3 ~i Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 I N D E X January 1, 2009 1.1 Approve Bonds of Commissioners-elect 1.2 Administer Oath to: Judge Keith Williams, 216th Judicial District E. Bruce Curry, 216th District Attorney Amos Barton, 198th District Attorney 1.3 Administer Oaths to Commissioners-elect: I H.A. "Buster" Baldwin, Commissioner Precinct 1 ~I Jonathan Letz, Commissioner Precinct 3 1.4 Approval of Bonds for Mindy Williams, County Treasurer; Rusty Hierholzer, County Sheriff; Diane Bolin, County Tax Assessor/Collector; and Rex Emerson, County Attorney. 1.5 Administer oaths to all other Officials-elect whose terms of office commence on January 1, 2009 Mindy L. Williams, County Treasurer Diane Bolin, Tax Assessor/Collector Rex Emerson, County Attorney David J. Billeiter, J.P., Pct. 1 John Lavender, Constable, Pct. 1 Joel Ayala, Jr., Constable, Pct. 2 Angel Garza, Constable, Pct. 3 Bob Terrill, Constable, Pct. 4 W.R. "Rusty" Hierholzer, Sheriff 1.6 Approve application of W.R. "Rusty" Hierholzer to appoint deputies 1.7 Acknowledge existence and continuation of blanket bond in Sheriff's Office 1.8 Administer oaths to Sheriff's Office deputies 1.9 Approve application of Diane Bolin, Tax Assessor/Collector, to appoint deputies 1.10 Acknowledge existence and continuation of blanket bond in Tax Assessor/Collector's Office l.ll Administer oaths to 198th Judicial District Attorney's staff PAGE 5 12 13 10 15 16 17 19 20 21 22 23 25 26 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X (Continued) January 1, 2009 1.11 Acknowledge existence and continuation of all other bonds 1.12 Swearing in members of the Headwaters Board 1.13 Approve application(s) to appoint deputies or assistants of all other officials-elect whose terms of office commence on January 1, 2009 1.14 Approve bonds of all other officials-elect whose ~, terms of office commence on January 1, 2009 --- Adjourned PAGE 29 30 31 32 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Thursday, January 1, 2009, at 10:00 a.m., a special meeting of the Kerr County Commissioners Court was held in District Courtroom #1, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. ~I It's a pleasure to see all of you here today. We're really II excited about the crowd that we drew. I don't know what the publicity may have indicated was going to go on here today, but based on what I'm looking at, it doesn't appear like it's going be that exciting, but we're glad to have all of you here, and happy new year to all of you. Let me call to order this special meeting of the Kerr County Commissioners Court posted and scheduled for this date and time, Thursday, January the 1st, 2009, at 10 a.m. It is that time now. So, we're privileged to have all of you with us here today. I'd like to first call on Dr. Bill Blackburn to offer a prayer to begin this new year, and to help us launch the careers of -- or continued careers of some of our fine elected officials in Kerr County. Dr. Blackburn? DR. BLACKBURN: All right. Right here? Okay. May ', we join together in prayer? (Prayer.) JUDGE TINLEY: Thank you. The first item on the agenda is the approval of the bonds of Commissioners-elect. 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 I would note for the record that those bonds were, in fact, approved by Court Order Number 31139, and that was accomplished on the 22nd day of December of last year. So, at this time, we'll move to the second item on the agenda, which is the administering of the oath to Judge Keith Williams, the new District Judge of the 216th Judicial District Court, and I believe Judge -- Senior Judge Robert R. Barton will administer the oath to Judge Williams. JUDGE BARYON: Judge, where do you want us? JUDGE TINLEY: Why don't you come on up here so that everyone can see? (Discussion off the record.) JUDGE BARYON: After the oath has been administered, then Judge Williams will be robed by his wife, ', Debbie, and Debbie's going to hold the Bible for the administration of the oath. Raise your right hand, please, and repeat after me: "I, Keith Williams, do solemnly swear." MR. WILLIAMS: I, Keith Williams, do solemnly swear. JUDGE BARYON: "That I will faithfully execute the duties of the office." MR. WILLIAMS: That I will faithfully execute the duties of the office. JUDGE BARYON: "Of District Judge, 216th Judicial 25 I District." 1-1-09 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WILLIAMS: Of District Judge, 216th Judicial District. JUDGE BARYON: "Of the state of Texas." MR. WILLIAMS: Of the state of Texas. JUDGE BARYON: "And will, to the best of my ability." MR. WILLIAMS: And will, to the best of my ability. JUDGE BARYON: "Preserve, protect, and defend." ~I MR. WILLIAMS: Preserve, protect, and defend. JUDGE BARYON: "The Constitution and laws of the United States." MR. WILLIAMS: The Constitution and laws of the I United States. JUDGE BARYON: "And of this state." JUDGE WILLIAMS: And of this state. JUDGE BARYON: "So help me God." MR. WILLIAMS: So help me God. MR. BARYON: Congratulations. JUDGE WILLIAMS: Thanks. (Applause.) JUDGE WILLIAMS: Maybe I should have taken my jacket off first. JUDGE BARYON: Some things you learn from experience. (Laughter.) You realize that won't work. You may now address him as Judge Williams. 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Applause.) JUDGE WILLIAMS: I know the Commissioners have some remarks, and thank you so much for being here. So many of you friends have been with me through the -- over the years, and in particular this last year. I want to thank Debbie, wife, and this is a wonderful community to be in, to serve, and to have friends in. I chose Robert Barton -- where's in the hill country, and began appearing before Judge Barton. And thus began my desire and the real challenge of possibly getting back to the hill country to serve up here in some capacity, as an attorney or in the community or whatever. And sure enough, the Lord led Debbie and I here in 1986, and I've always been fond of Judge Barton and have respected his wisdom and integrity on the bench all these years. I want to thank Steve Ables, who is my predecessor for 20 years, and Steve has served ably and well, and has served all four counties and worked very hard in many different capacities, not only in this capacity as 216th, but as administrative judge as well, and I thank him. And I'm going to be glad to be able to continue to work with him and Judge Karl Prohl for the 198th District Court, to have them 1-1-09 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as mentors to help me in these initial stages. I tell you, I've been trying lawsuits around the state for 30 years unique challenge from an entirely different perspective, and I relish it. I look forward to it, and I'm excited by it. But I've been told by many judges, and including the judicial school a few weeks ago, that this is a real -- real eye-opener in terms of making the effort and serving well in terms of serving justice to everybody in your communities when so much is at stake, whether it's in criminal cases or in civil cases. And I seek my guidance, you know from our Lord. I was reading last night in Deuteronomy. So many of the statutes that are in Deuteronomy which God gave to Moses are and remain in our -- in our system of laws today in this state of Texas, and throughout the United States. So many of them you can date directly back to there, but one thing I kept repeating to myself and kept reviewing in the Bible, in the Old Testament, is seek justice, seek justice, and seek justice. And in Deuteronomy, it tells Moses, don't ever, ever, ever pervert justice. Don't let, ever, in your mind partiality come into play in dealing with any person because of his stature, whether poor or whether rich. To always seek justice, and to always treat your neighbor fairly. That is my goal and that is my desire. I pledge to 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 you and all four counties of this district, in Kerrville, in Fredericksburg, in Boerne, and in Bandera, that I will serve to the best of my ability with integrity and fairness, and I look forward to being held accountable to do that. And, again, I thank you all for being here, and look forward to working with those other folks that are going to be sworn in today, or continuing their service. And also look forward to serving with Bruce Curry and his staff, who is the 216th District Attorney; has been serving in that capacity so well for so many years. So, thank you so much. Bruce, look forward to working with you and all of the others, and thank y'all for being here. (Applause.) JUDGE TINLEY: Thank you, Judge Williams. The next item on the agenda is to administer the oath to Commissioners-elect, those being H.R. Buster Baldwin, Commissioner, Precinct 1, and Jonathan Letz, Commissioner, Precinct 3. Commissioner Letz was reelected. He was unable to be with us today; he will be sworn in at a later date. But at this time, the oath of office will be administered to Precinct 1 Commissioner Buster Baldwin. COMMISSIONER BALDWIN: Are you changing your mind? JUDGE WILLIAMS: I'm backing out again. (Laughter.) COMMISSIONER BALDWIN: Do you want to wait a minute 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 to stop and do that? JUDGE TINLEY: No, go ahead. Go ahead. (Discussion off the record.) JUDGE WILLIAMS: Raise your right hand. Repeat after me: "I, H.A. 'Buster' Baldwin." COMMISSIONER BALDWIN: I, H.A. "Buster" Baldwin. JUDGE WILLIAMS: "Do solemnly swear that I will faithfully execute the duties." COMMISSIONER BALDWIN: Do solemnly swear that I will faithfully execute the duties. JUDGE WILLIAMS: "Of the office of Kerr County Commissioner, Precinct 1." COMMISSIONER BALDWIN: Of the office of Kerr County Commissioner, Precinct 1. JUDGE WILLIAMS: "Of the state of Texas." COMMISSIONER BALDWIN: Of the state of Texas. JUDGE WILLIAMS: "And will, to the best of my ability." COMMISSIONER BALDWIN: And will, to the best of my ability. JUDGE WILLIAMS: "Preserve, protect, and defend." COMMISSIONER BALDWIN: Preserve, protect, and defend. JUDGE WILLIAMS: "The Constitution and laws of the United States." 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 COMMISSIONER BALDWIN: The Constitution and laws of the United States. JUDGE WILLIAMS: "And of this state." COMMISSIONER BALDWIN: And of this state. JUDGE WILLIAMS: "And will not be interested, directly or indirectly." ~~ COMMISSIONER BALDWIN: And will not be interested, indirectly or directly. JUDGE WILLIAMS: "In a contract with or claim against the County." COMMISSIONER BALDWIN: In a contract with or a claim against the County. ', JUDGE WILLIAMS: "Except a contract or claim." ~ COMMISSIONER BALDWIN: Except a contract or claim. JUDGE WILLIAMS: "Expressly authorized by law." COMMISSIONER BALDWIN: Expressly authorized by law. JUDGE WILLIAMS: "Or a warrant issued to the Judge." COMMISSIONER BALDWIN: Or a warrant issued to the Judge. JUDGE WILLIAMS: "Or Commissioner." COMMISSIONER BALDWIN: Or Commissioner. JUDGE WILLIAMS: "As a fee of office." COMMISSIONER BALDWIN: As a fee of office. JUDGE WILLIAMS: "So help me God." 1-1-09 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: So help me God. Thank you, sir. Thank you very much. (Applause.) JUDGE TINLEY: Well, I've already made my first mistake for the year. I overlooked, immediately after Judge Williams was sworn in, the swearing in of our two District Attorneys, so at this time, if Bruce Curry, 216th District Attorney, will come forward, he will be sworn in in that capacity. JUDGE WILLIAMS: Bruce, would you raise your right hand? Repeat after me: "I, E. Bruce Curry." MR. CURRY: I, E. Bruce Curry. JUDGE WILLIAMS: "Do solemnly swear." MR. CURRY: Do solemnly swear. JUDGE WILLIAMS: "That I will faithfully execute the duties." MR. CURRY: That I will faithfully execute the I duties. JUDGE WILLIAMS: "Of the office of District ~ Attorney." MR. CURRY: Of the office of District Attorney. JUDGE WILLIAMS: "216th Judicial District." MR. CURRY: 216th Judicial District. JUDGE WILLIAMS: "Of the state of Texas." MR. CURRY: Of the state of Texas. 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 JUDGE WILLIAMS: "And will, to the best of my ability." MR. CURRY: And will, to the best of my ability. JUDGE WILLIAMS: "Preserve, protect, and defend." MR. CURRY: Preserve, protect, and defend. JUDGE WILLIAMS: "The Constitution and laws of the United States." MR. CURRY: The Constitution and laws of the United States. JUDGE WILLIAMS: "And of this state." MR. CURRY: And of this state. JUDGE WILLIAMS: "So help me God." MR. CURRY: So help me God. (Applause.) JUDGE TINLEY: And now, if Amos Barton, 198th Judicial District Attorney-elect, will come forward and be sworn in. JUDGE PROHL: Ron, I'm not going to say this is out with the old and in with the young, but it's close. (Laughter.) Raise your right hand and repeat after me: "I, Amos Barton, do solemnly swear." MR. BARYON: I, Amos Barton, do solemnly swear. JUDGE PROHL: "That I will faithfully execute the duties of the office of District Attorney, 198th Judicial District." 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 MR. BARYON: That I will faithfully execute the duties of the office of 198th Judicial District Attorney. JUDGE PROHL: "Of the state of Texas." MR. BARYON: Of the state of Texas. JUDGE PROHL: "And will, to the best of my ability." MR. BARYON: And will, to the best of my ability. JUDGE PROHL: "Preserve, protect, and defend." MR. BARYON: Preserve, protect, and defend. JUDGE PROHL: "The Constitution and laws of the United States and of this state." MR. BARYON: The Constitution and the laws of this state and the United States. JUDGE PROHL: "So help me God." MR. BARYON: So help me God. (Applause.) MR. BARYON: I'd like to echo just a couple of things that Judge Williams said, and -- and recognize my wife. She is very, very special to me, and she's sitting there with my three kiddoes. Courtney, I just want to publicly acknowledge the significance that you have in my life, and in turn, the significance that you have to this whole community. Thanks. (Applause.) JUDGE TINLEY: The next item on the agenda is the 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 approval of bonds for Mindy Williams, County Treasurer; Rusty Hierholzer, County Sheriff; Diane Bolin, County Tax Assessor/Collector; and Rex Emerson, County Attorney. I would note for the record that those bonds were, in fact, approved on the 22nd day of December of 2008, pursuant to Court Order 31139. Also, the bonds of John Lavender, Joel Ayala, Angel Garza, and Bob Terrill, Constables 1, 2, 3, and 4, respectively, were also approved by that same court order. At this time, any other elected officials whose terms commence on January 1, 2009, if -- if those individuals would come forward, and we will conduct the swearing in of those particular county officials. (Discussion off the record.) JUDGE TINLEY: I will first administer the oath to Mindy L. Williams, County Treasurer-elect. If you'd raise your right hand and repeat after me: "I, Mindy L. Williams." MS. WILLIAMS: I, Mindy L. Williams. JUDGE TINLEY: "Do solemnly swear." MS. WILLIAMS: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute." MS. WILLIAMS: That I will faithfully execute. JUDGE TINLEY: "The duties of the office of Kerr County Treasurer." MS. WILLIAMS: The duties of the office of Kerr ~ County Treasurer. 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 JUDGE TINLEY: "Of the state of Texas." MS. WILLIAMS: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MS. WILLIAMS: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MS. WILLIAMS: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MS. WILLIAMS: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MS. WILLIAMS: And of this state. JUDGE TINLEY: "So help me God." MS. WILLIAMS: So help me God. (Applause.) JUDGE TINLEY: Diane Bolin will now be sworn in as the Kerr County Tax Assessor/Collector. If you'd raise your right hand. "I, Diane Bolin." MS. BOLIN: I, Diane Bolin. JUDGE TINLEY: "Do solemnly swear." MS. BOLIN: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the duties." MS. BOLIN: That I will faithfully execute the 1-1-09 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 duties. JUDGE TINLEY: "Of the office of Kerr County Tax Assessor/Collector." MS. BOLIN: Of the office of Kerr County Tax Assessor/Collector. JUDGE TINLEY: "Of the state of Texas." MS. BOLIN: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MS. BOLIN: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MS. BOLIN: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MS. BOLIN: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MS. BOLIN: And of this state. JUDGE TINLEY: "So help me God." MS. BOLIN: So help me God. (Applause.) JUDGE TINLEY: Mr. Emerson? Rex Emerson will now be sworn in as the Kerr County Attorney. "I, Rex Emerson." MR. EMERSON: I, Rex Emerson. JUDGE TINLEY: "Do solemnly swear." 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 MR. EMERSON: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the duties." MR. EMERSON: That I will faithfully execute the duties. JUDGE TINLEY: "Of the office of Kerr County ~ Attorney." MR. EMERSON: Of the office of Kerr County ~ Attorney. JUDGE TINLEY: "Of the state of Texas." MR. EMERSON: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MR. EMERSON: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MR. EMERSON: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MR. EMERSON: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MR. EMERSON: And of this state. JUDGE TINLEY: "So help me God." MR. EMERSON: So help me God. (Applause.) 1-1-09 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Judge Billeiter? Judge Billeiter, David Billeiter will now be sworn in as Justice of the Peace for Precinct 1 in Kerr County. "I, David J. Billeiter." JUDGE BILLEITER: I, David J. Billeiter. JUDGE TINLEY: "Do solemnly swear." JUDGE BILLEITER: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the duties." JUDGE BILLEITER: That I will faithfully execute the duties. JUDGE TINLEY: "Of the office of Kerr County Justice of the Peace, Precinct 1." JUDGE BILLEITER: Of the office of Kerr County Justice of the Peace, Precinct 1. JUDGE TINLEY: "Of the state of Texas." JUDGE BILLEITER: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." JUDGE BILLEITER: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." JUDGE BILLEITER: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." I' JUDGE BILLEITER: The Constitution and laws of the 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 United States. JUDGE TINLEY: "And of this state." JUDGE BILLEITER: And of this state. JUDGE TINLEY: "So help me God." JUDGE BILLEITER: So help me God. (Applause.) JUDGE TINLEY: John Lavender will be sworn in as Constable, Precinct 1. "I, John Lavender." MR. LAVENDER: I, John Lavender. JUDGE TINLEY: "Do solemnly swear." MR. LAVENDER: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the I duties." MR. LAVENDER: That I will faithfully execute the ~, duties. JUDGE TINLEY: "Of the office of Kerr County Constable, Precinct l." MR. LAVENDER: Of the office of Kerr County Constable, Precinct 1. JUDGE TINLEY: "Of the state of Texas." MR. LAVENDER: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MR. LAVENDER: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." 1-1-09 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 I9 20 21 22 23 24 25 21 MR. LAVENDER: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MR. LAVENDER: The Constitution and laws of the United States. JUDGE TINLEY: MR. LAVENDER: JUDGE TINLEY: MR. LAVENDER: (Applause.) JUDGE TINLEY: County Constable, Precin MR. AYALA: I, JUDGE TINLEY: MR. AYALA: Do JUDGE TINLEY: duties." "And of this state." And of this state. "So help me God." So help me God. Joel Ayala will be sworn in as Kerr ct 2. "I, Joel Ayala, Jr." Joel Ayala, Jr. "Do solemnly swear." solemnly swear. "That I will faithfully execute the MR. AYALA: That I will faithfully execute the duties. JUDGE TINLEY: "Of the office of Kerr County Constable, Precinct 2." MR. AYALA: Of the office of Kerr County Constable, Precinct 2. JUDGE TINLEY: "Of the state of Texas." MR. AYALA: Of the state of Texas. 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 JUDGE TINLEY: "And will, to the best of my ability." MR. AYALA: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MR. AYALA: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MR. AYALA: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MR. AYALA: And of this state. JUDGE TINLEY: "So help me God." MR. AYALA: So help me God. (Applause.) JUDGE TINLEY: Angel Garza will now be sworn in as Constable, Precinct 3. "I, Angel Garza." MR. GARZA: I, Angel Garza. JUDGE TINLEY: "Do solemnly swear." MR. GARZA: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the I duties." MR. GARZA: That I will faithfully execute the duties. JUDGE TINLEY: "Of the office of Kerr County Constable, Precinct 3." 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 MR. GARZA: Of the office of Kerr County Constable, Precinct 3. JUDGE TINLEY: "Of the state of Texas." MR. GARZA: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MR. GARZA: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MR. GARZA: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MR. GARZA: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MR. GARZA: And of this state. JUDGE TINLEY: "So help me God." MR. GARZA: So help me God. (Applause.) JUDGE TINLEY: Bob Terrill, Constable, Precinct 4. Raise your right hand. "I, Robert 'Bob' Terrill." MR. TERRILL: I, Robert "Bob" Terrill. JUDGE TINLEY: "Do solemnly swear." MR. TERRILL: Do solemnly swear. JUDGE TINLEY: "That I will faithfully execute the duties." 1-1-09 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TERRILL: That I will faithfully execute the duties. JUDGE TINLEY: "Of the office of Kerr County Constable, Precinct 4." MR. TERRILL: Of the office of Kerr County Constable, Precinct 4. JUDGE TINLEY: "Of the state of Texas." MR. TERRILL: Of the state of Texas. JUDGE TINLEY: "And will, to the best of my ability." MR. TERRILL: And will, to the best of my ability. JUDGE TINLEY: "Preserve, protect, and defend." MR. TERRILL: Preserve, protect, and defend. JUDGE TINLEY: "The Constitution and laws of the United States." MR. TERRILL: The Constitution and laws of the United States. JUDGE TINLEY: "And of this state." MR. TERRILL: And of this state. JUDGE TINLEY: "So help me God." MR. TERRILL: So help me God. JUDGE TINLEY: Congratulations, Bob. (Applause.) JUDGE TINLEY: And at this time, Judge Karl Prohl will swear in W.R. "Rusty" Hierholzer as County Sheriff. 1-1-09 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 (Discussion off the record.) JUDGE PROHL: "I, W.R. 'Rusty' Hierholzer." SHERIFF HIERHOLZER: I, W.R. "Rusty" Hierholzer. JUDGE PROHL: "Do solemnly swear." SHERIFF HIERHOLZER: Do solemnly swear. JUDGE PROHL: "That I will faithfully execute the duties of the office of Kerr County Sheriff." SHERIFF HIERHOLZER: That I will faithfully execute the duties of the office of Kerr County Sheriff. JUDGE PROHL: "Of the state of Texas." SHERIFF HIERHOLZER: Of the state of Texas. JUDGE PROHL: "And will, to the best of my ability." SHERIFF HIERHOLZER: And will, to the best of my ability. JUDGE PROHL: "Preserve, protect and defend the Constitution and laws of the United States." SHERIFF HIERHOLZER: Preserve, protect, and defend the Constitution and laws of the United States. JUDGE PROHL: "And of this state." SHERIFF HIERHOLZER: And of this state. JUDGE PROHL: "So help me God." SHERIFF HIERHOLZER: So help me God. (Applause.) JUDGE TINLEY: The next item on our agenda is to 1-1-09 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approve the application of W.R. "Rusty" Hierholzer to appoint deputies. That application was, in fact, approved for the record on December the 22nd of last year, pursuant to Court to the Sheriff's Office deputies. It's going to take a while to get all these guys up here -- guys and gals. COMMISSIONER OEHLER: Do we have room in here for JUDGE PROHL: Okay. If y'all would come up, we're (Deputies came forward.) (Discussion off the record.) JUDGE PROHL: I just want you in the audience to understand that Judge Williams is enjoying this so much that he came up and said, "Karl," he said, "I want you to do them individually so everybody can appreciate it." (Laughter.) He's getting right in there. I'm going to read you the oath and ask that you respond. Raise your right hand. Do you each of you solemnly swear or affirm that you will faithfully execute the duties of the office of Deputy Sheriff of the state of Texas, and will, to the best of your ability, preserve, protect, and defend the Constitution and laws of 1-1-09 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I II the United States and of this state so help you God? The I answer is, "I will." (Deputies responded, "I will.") JUDGE PROHL: Thank you. You all have to sign something. (Applause.) SHERIFF HIERHOLZER: I'd like to make one comment, just real short. In my personal feelings, and I think a lot of the public feels this way, I don't think we could have a better group of officers that put their lives on the line serving this county every day if we ever tried, and I thank them for their service. Thank you. (Applause.) JUDGE PROHL: These are the people that let you sleep well at night. But as Keith is going to learn, they're the people that wake him up at 3:00 in the morning several mornings. (Laughter.) SHERIFF HIERHOLZER: If you'll file out that door, we're going to go to the jury room and let y'all each sign your oaths in that jury room. (Discussion off the record.) JUDGE TINLEY: The next item on the agenda is the approval of the application of Diane Bolin, the Tax Assessor/Collector, to appoint her deputies. That matter was, in fact, handled on the 22nd day of December of last 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 year pursuant to Court Order 31138. The following item, the Judicial District Attorney. (Seven staff members came forward.) JUDGE PROHL: This is a great District Attorney's office. And, you know, we got Todd, who's probably the most educated expert in the country, and now we have two former Texas Rangers as investigators, so we're -- we're moving along. I'm going to do y'all's as a group, if you'd raise your right hand. Do you and each of you solemnly swear or affirm that you will faithfully execute the duties of the office of investigator, 198th Judicial District Attorney's office, or Assistant District Attorney, of the State of Texas, and will, to the best of your ability, preserve, protect, and defend the Constitution and laws of the United States and of this state, so help you God? The answer is, "I will." (Staff members answered, "I will.") (Applause.) JUDGE TINLEY: We'll move to the next agenda item. 1-1-09 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other officials at this time? We'll go to the next item on the agenda, the swearing in of members of the Headwaters Board, if those individuals would come forward. (Four Headwaters Board members came forward.) JUDGE TINLEY: Get this way so -- there may be some folks that want to take your picture out here. That's okay. There you go. If each of you would raise your right hand please. "I," state your name. (Headwaters Board members repeated, "I," and stated their names.) JUDGE TINLEY: "Do solemnly swear." (Board members repeated, "Do solemnly swear.") JUDGE TINLEY: "That I will faithfully execute the duties." (Board members repeated, "That I will faithfully execute the duties.") JUDGE TINLEY: "Of the office of Headwaters Underground Water Conservation District." (Board members repeated, "Of the office of Headwaters Underground Water Conservation District.") JUDGE TINLEY: State your position, be it at large or by position number. (Board members stated their position.) JUDGE TINLEY: "Of the state of Texas." (Board members repeated, "Of the state of Texas.") JUDGE TINLEY: "And will, to the best of my 1-1-09 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ability." (Board members repeated, "And will, to the best of my ability.") JUDGE TINLEY: "Preserve, protect and defend." (Board members repeated, "Preserve, protect, and defend.") JUDGE TINLEY: "The Constitution and laws of the United States." (Board members repeated, "The Constitution and laws of the United States.") JUDGE TINLEY: "And of this state." (Board members repeated, "And of this state.") JUDGE TINLEY: "So help me God." (Board members repeated, "So help me God.") JUDGE TINLEY: Congratulations. (Applause.) JUDGE TINLEY: The next item on the agenda is to approve the applications to appoint deputies or assistants of all other elected officials-elect whose terms of office commence on January 1, 2009. To the extent this matter was not covered by prior Commissioners Court orders, do I hear a motion to approve the agenda item? COMMISSIONER WILLIAMS: So moved. !, COMMISSIONER BALDWIN: Second. JUDGE TINLEY: We have a motion and a second for approval of the agenda item. Question or discussion on the 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 motion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to the last item on the agenda, the approval of bonds of all other officials-elect whose terms of office commence on January 1, 2009, to the extent those bonds have not otherwise been approved by prior court orders. Do I hear a motion to approve the bonds of all other officials-elect whose terms of office commence on January 1, 2009? COMMISSIONER OEHLER: Move approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item as indicated. Question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank all of you for being here today. This is your county government, and we are excited about your participation in it, and we would ask you to continue that participation. You keep us 1-1-09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 informed about what's on your mind so that we can better serve you. Thank you for being here. We're adjourned. (Commissioners Court was adjourned at 10:37 a.m.) STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 5th day of January, 2009. JANNETT PIEPER, Kerr County Clerk BY- Kathy B ik, Deputy County Clerk Certified Shorthand Reporter 1-1-09 ORDER NO. 31145 APPLICATIONS TO APPOINT DEPUTIES OR ASSISTANTS OF ELECTED OFFICIALS-ELECT WHOSE TERMS OF OFFICE COMMENCE JANUARY 1, 2009 Came to be heard this the lsr day of January, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, unanimously approved by a vote of 3-0-0 to: Approve the applications to appoint deputies or assistants of all other elected officials- elect whose terms of office commence on January 1, 2009, to the extent this matter was not covered by prior Commissioners' Court Orders. ORDER NO. 31146 BONDS OF ALL OTHER OFFICIALS-ELECT WHOSE TERMS OF OFFICF. COMMENCE ON JANUARY 1, 2009 Came to be heard this the 1st day of January, 2009, with a motion made by Commissioner Oehler, seconded by Commissioner Williams, the Court unanimously approved by a vote of 3-0-0 to: Approve the bonds of all other officials-elect whose terms of office commence on January 1, 2009, to the extent those bonds have not otherwise been approved by prior Commissioners' Court Orders.