1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, October 2, 2023 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge RICH PACES, Commissioner Precinct 2 24 JONATHAN LETZ, Commissioner Precinct 3 DON HARRIS, Commissioner Precinct 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Consider, discuss and take appropriate 3 action to accept resignation of the Kerr 4 County Clerk. 5 1.2 Consider, discuss and take appropriate 6 action to set the process for appointing 6 the replacement to fill the unexpired term of the Kerr County Clerk. 7 1.3 Passed. 8 *** Adjournment. 16 9 *** Reporter's Certificate. 17 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: Court come to order. It is 2 Monday, October the second, 2023, 9 o'clock in the 3 morning and the Kerr County Commissioners' Court is now 4 in session. 5 I want to remind everybody to turn off your 6 phones. This is a special meeting. There will be no 7 public input today. We do those in the regular 8 meetings, which will be next week, next Monday. 9 COMMISSIONER PACES: Tuesday. 10 JUDGE KELLY: Yeah, Tuesday, the 10th, 11 because of the holiday. I forget these holidays. Okay. 12 So with that, we'll move on to the consideration agenda. 13 1.1 is to consider, discuss and take appropriate action 14 to accept the resignation from the Kerr County Clerk. 15 I think we all got a copy of the letter. 16 COMMISSIONER PACES: I didn't. You got an 17 extra one? 18 JUDGE KELLY: Here's the one I got. 19 COMMISSIONER PACES: I saw it. 20 COMMISSIONER LETZ: And for those that don't 21 know this, after court on last Monday, at the end of 22 court, the County Clerk came up and handed me that 23 letter, and then I gave it to Jody and passed it on, 24 because the Judge was not here for that meeting. 25 And I mentioned to the County Clerk, I said 4 1 we will not accept it for a while, if she wanted to 2 reconsider. I don't believe -- I haven't heard 3 anything, so -- I make a motion to accept the 4 resignation of County Clerk. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Got a motion and a second to 7 accept the resignation from the County Clerk. The 8 floor's open for discussion. Any questions or comments? 9 MR. FITCH: Is that letter available to the 10 public? 11 JUDGE KELLY: It's a matter of public 12 record, yes, Sir. Let me read the letter. It's dated 13 September 25, 2023. Good afternoon. Please accept this 14 letter as my resignation from the Kerr County Clerk's 15 Office. I respectfully request that the Chief Deputy 16 Ian Collum be promoted to the position "interim" 17 effective immediately. Signed Jackie Dowdy. That's all 18 it is. 19 MR. FITCH: Thank you. 20 JUDGE KELLY: For the public. So you can 21 understand the context that this is in. When we have an 22 elected official resign, that resignation's not 23 effective until accepted by the Court so that's what on 24 the agenda today is the formal acceptance of that 25 resignation. Continue to hold that office actively 5 1 until the resignation's accepted. 2 Once the resignation is accepted, which 3 we're about to take a vote on, then there's still a 4 holdover provision that as an elected official, that 5 official continues to be the official elected for that 6 particular office until that position's filled. So even 7 though we accept the resignation today, Miss Dowdy is 8 still officially the Kerr County Clerk until we put 9 somebody else in that position. 10 And obviously we're going to continue and 11 it's on an interim basis working with Mr. Collum to run 12 the office, but until there is an official appointment 13 she still is technically the County Clerk. And I'm sure 14 that will be confusing to the public, but that's the way 15 local government law works. 16 COMMISSIONER LETZ: But in the absence of 17 the County Clerk the Chief Deputy, Ian, has the 18 authority to take all action of the County Clerk, 19 correct? 20 JUDGE KELLY: Yes. 21 COMMISSIONER HARRIS: Whereas, if it was 22 just a department head or something, we could fill that 23 position immediately. 24 JUDGE KELLY: Because they're appointed. 25 But this is an elected official and we have to follow 6 1 the local government rules. 2 So with that, any more discussion? Those in 3 favor accepting the resignation of the County Clerk say 4 aye. Opposed? Motion carries. 5 Item 1.2 consider, discuss and take 6 appropriate action to set the process for appointing a 7 replacement to fill the unexpired term of the Kerr 8 County Clerk. I'm sure we all have our own opinions 9 about this. Let's first of all see if there's a motion 10 and a second, because we're technically not supposed to 11 talk about it until we have a motion and a second. 12 COMMISSIONER HARRIS: I'll make the motion 13 that we take appropriate action to set the process for 14 appointing the replacement to fill the unexpired term of 15 the Kerr County Clerk. 16 COMMISSIONER PACES: I'll second it. 17 JUDGE KELLY: We got a motion and a second. 18 Let's talk about what that appropriate action oughta be. 19 At this point, I think we should be as transparent as 20 possible, and as always, and we need to post the 21 position, I think, and have a reasonable period for 22 people to file applications to apply for that job. And 23 then we'll review those applications and then come to 24 Court and take appropriate action on the basis of who 25 applies. 7 1 COMMISSIONER HARRIS: When I first took 2 office, that's one of the first things we did when we 3 appointed -- ended up selecting Jackie to take that 4 position, and then she run unopposed since then. But we 5 went through the application process. And I think it 6 was -- I don't know, I can't remember how many people 7 applied. But we did interviews, and that's how it 8 turned out. 9 JUDGE KELLY: Go ahead. 10 COMMISSIONER PACES: Well my question is, is 11 it for the duration of her term, which I believe is a 12 little over three years? 13 JUDGE KELLY: No. Good question. That's a 14 good question. What we have here is when there is a 15 vacancy in an elected position, and I'm looking at my 16 County Attorney, she's looking at me, to make sure I say 17 it right, say it correctly. We can appoint someone to 18 fill the unexpired term until the next general election, 19 which in this case will be November of '24. Okay. 20 At that time even though her term does not 21 expire until '26, there has to be a special election. 22 And then they run again in '26. 23 COMMISSIONER PACES: So it's only two years 24 basically that's at stake. 25 COMMISSIONER LETZ: Twice in two years. 8 1 JUDGE KELLY: It's twice in two years, but 2 whoever we appoint has to be prepared to run two 3 elections, one in '24 and one in '26 to keep the 4 continuity, and we're in good hands where we are, so I 5 don't think we have to worry too much, but at the same 6 time, this would be for the remainder of the unexpired 7 term until the November 2024 election, to clarify. Did 8 I get it right. 9 MRS. STEBBINS: That's correct. Yes, Sir. 10 COMMISSIONER LETZ: I think another a couple 11 other points that are important, is that we don't have 12 to appoint anybody. We can just leave it open, and 13 Chief Deputy will continue to run the office. 14 Miss Dowdy would still be officially the 15 County Clerk, and be responsible. It's a little bit 16 awkward there. And in either event the County Clerk -- 17 the current County Clerk, Miss Dowdy, will continue to 18 receive her salary until an appointment or replacement 19 is made. So there's a number of considerations for the 20 Court as we, you know, move down the road. 21 JUDGE KELLY: And there is an economic 22 impact to the public, on what we do. But these are all 23 things that are going have to be decided and at this 24 point, I would rather do it deliberately and carefully. 25 I don't think we're in a hurry to do anything. 9 1 Again, I applaud Mr. Collum. We're in good 2 hands for the time being. But one of the things that we 3 need to keep in the back of our mind, Kerr County 4 Clerk's Office is responsible for reporting our criminal 5 cases on a monthly basis. 6 MR. COLLUM: Uh-huh. 7 JUDGE KELLY: And if we fall outside the 8 required 30-day period, then we lose the ability to 9 receive any grants from State of Texas, which is 10 important. So we have a very vital function that needs 11 to be performed that was probably going to be overseen 12 by Miss Dowdy at least for awhile, even though she has 13 vacated the premises. So that kind of has us betwixt 14 and between, as they used to say. 15 COMMISSIONER HARRIS: Well, I agree that we 16 need to be deliberate and thorough process, but I don't 17 want it to linger. I don't want it to drag out a long 18 time. A reasonable time to take in applications, and 19 then -- I don't know. 20 JUDGE KELLY: 30 days. 21 COMMISSIONER HARRIS: That's what I was 22 bouncing around in my head. 23 JUDGE KELLY: I'm looking at the HR Director 24 and she's nodding. 25 COMMISSIONER HARRIS: That's a good 10 1 indication. 2 JUDGE KELLY: So we'll post it right away 3 and get a 30 day period to file applications, and -- 4 COMMISSIONER PACES: And encourage anybody 5 who's interested to file to run. 6 COMMISSIONER HARRIS: I think there's 7 several paying attention to us right now, I think to see 8 what the process is going to be. 9 COMMISSIONER PACES: At least one sitting 10 there. 11 COMMISSIONER LETZ: What is the deadline to 12 file to run? 13 JUDGE KELLY: I think December five or 14 seven, something like that. 15 MR. JONES: 11th. 16 JUDGE KELLY: Pardon? 17 MR. JONES: I think it's the 11th. 18 JUDGE KELLY: 11th, okay. It's early 19 December, I know that. 20 COMMISSIONER PACES: But there's plenty of 21 time. 22 COMMISSIONER LETZ: I was looking at a 23 calendar. I mean 30 days is going to put it -- 24 JUDGE KELLY: In November. 25 COMMISSIONER LETZ: It'll be November 13th 11 1 until we can meet, which is six weeks away. 2 COMMISSIONER HARRIS: But if we could cut 3 off the applications the week before, and then start the 4 interview process. 5 JUDGE KELLY: Well, we need -- 6 COMMISSIONER LETZ: I mean the 30 days isn't 7 going to be up until November second. 8 JUDGE KELLY: And our first Commissioners' 9 Court is the 13th. 10 COMMISSIONER LETZ: 13th. I mean -- you 11 know, I don't know that we need -- to me, 30 days is -- 12 we can do two weeks. 13 COMMISSIONER HARRIS: I wouldn't be opposed 14 to that. The information's out there. 15 JUDGE KELLY: I'm look at the HR Director. 16 COMMISSIONER HARRIS: I'm trying to, too. 17 MS. HERNANDEZ: Typically it's 30 days, but 18 if you guys are requesting to do this because of a 19 certain timeline, I'm sure we can -- 20 COMMISSIONER LETZ: We can appoint today. 21 We don't have to do it in a timeline. 22 COMMISSIONER LETZ: I think it's fairly 23 important for us to make a decision on this sooner 24 rather than later, even at three weeks. 25 JUDGE KELLY: What is the last meeting in 12 1 October? 2 COMMISSIONER LETZ: The 23rd. 3 JUDGE KELLY: Even if we posted it today and 4 made it 20 days, we would barely get the applications 5 before the Commissioners' Court meeting where we're 6 supposed to make a decision. I don't see how we get 7 around the November 13th date. 8 COMMISSIONER LETZ: All right. So just have 9 the application within 30 days, which will be November 10 second, and then we interview and probably make a 11 decision on the 13th. 12 COMMISSIONER PACES: There's nothing that 13 would stop the Court from early interviews for those 14 that submit an application earlier rather than later, 15 and we can still keep an open mind for anybody that 16 comes in late. 17 JUDGE KELLY: The one thing I like to do 18 is -- we're getting ready to do interviews for the Chief 19 of the Public Defenders Office this week. We kinda like 20 to do them all at the same time, so there's no 21 favoritism, and I think Thursday we got our interviews 22 set. Is that right, Jody? 23 MRS. GRINSTEAD: Yes. 24 JUDGE KELLY: And we'll start in the morning 25 and we finish them all by the end of the afternoon so 13 1 that we have seen everybody at the same time. If we 2 started doing them where we get somebody what appears to 3 be favored treatment, that's what we're trying to avoid. 4 COMMISSIONER PACES: Fair enough. But as 5 long as we'll see everybody. I'm not sure that it 6 really is favored treatment based on when you see them. 7 You mean you could argue that the last person you see 8 might give you the strongest impression. I don't know. 9 COMMISSIONER HARRIS: I think it's important 10 to see them all within a day, maybe maximum two days, 11 where you're -- so it's fresh on your mind, what this 12 person said in the interview, and what this person said, 13 and compared a lot easier than letting a couple weeks go 14 by. 15 JUDGE KELLY: Well, what I want to do is 16 avoid the appearance that's it's an inside job, 17 inside -- cozy appointment. That's not going to be the 18 case. 19 COMMISSIONER HARRIS: Never has been. 20 JUDGE KELLY: But want the public to see 21 that this is being done openly and fairly. 22 COMMISSIONER LETZ: We can always do a 23 special meeting on the 6th. We can do a special 24 meeting. That makes it a little bit easier than trying 25 to do it with a regular meeting anyway. 14 1 JUDGE KELLY: So the 6th would be a Monday? 2 COMMISSIONER LETZ: Yeah. 3 JUDGE KELLY: And we actually have those on 4 the calendar to be maybe to make them regular meetings. 5 So we could just set the hearing on this for November 6 6th. 7 COMMISSIONER LETZ: November 6th -- 8 JUDGE KELLY: I'm good with that. 9 COMMISSIONER LETZ? -- for the interviews. 10 COMMISSIONER PACES: For the interviews. 11 COMMISSIONER LETZ: And they're due by 30 12 days which I think is the second. 13 JUDGE KELLY: They're going to be due the 14 end of the week before, and then we'll have the 15 interviews -- 16 COMMISSIONER HARRIS: Sounds good to me. 17 JUDGE KELLY: -- on the 6th, and have a 18 special meeting. 19 COMMISSIONER LETZ: Yeah. 20 JUDGE KELLY: Just make the whole decision 21 that day. 22 COMMISSIONER LETZ: Yeah. 23 JUDGE KELLY: That's good. So that the 24 public understands what we're doing is we're posting the 25 position online, and we're leaving the period open to 15 1 file applications for 30 days, and that would have those 2 applications due to us probably by the November three or 3 so. We're setting aside Monday to do the interviews, 4 and a special meeting to make the decision on the 5 Interim County Clerk position. 6 COMMISSIONER HARRIS: November six. 7 JUDGE KELLY: November six. Okay. 8 Everybody in favor of that? 9 COMMISSIONER PACES: Yeah. 10 COMMISSIONER LETZ: I think they'd be due on 11 the first. 12 JUDGE KELLY: So that's the appropriate 13 action that we were talking about right, Don, on your 14 motion? 15 COMMISSIONER HARRIS: Yeah. 16 JUDGE KELLY: And you adopt that timetable? 17 COMMISSIONER HARRIS: Exactly. I'm good 18 with it. 19 JUDGE KELLY: And you're good with it? 20 COMMISSIONER PACES: Yeah. 21 JUDGE KELLY: And those in favor of hearing 22 the applications and start making a decision on the 23 County Clerk position for November 6th, say aye. 24 Opposed? Unanimous. 25 Moving on, item 1.3 -- 16 1 COMMISSIONER LETZ: Pass on that one, Judge. 2 We're not going to fill it today. 3 JUDGE KELLY: All right. Okay. We're going 4 to need to go into executive session to consult with our 5 attorney. We have a few legal matters going on in case 6 you didn't know and we have things to talk about. So 7 we're going to take a -- I don't think we're going to 8 take any action on this executive item. So we're going 9 to go ahead and take a short recess and we're going to 10 retire into executive session. 11 And we do not -- we will not be taking 12 action after executive session, so you don't need to 13 hang around if you're so inclined. So with that, we'll 14 take a five minute recess. 15 (Recess.) 16 (Executive Session.) 17 JUDGE KELLY: It's 10:03 and we got 18 everybody here? 19 COMMISSIONER HARRIS: We don't need the 20 YouTube? 21 JUDGE KELLY: No. It's 10:03, we're coming 22 out of executive session. There being no action to be 23 taken, we are adjourned. 24 * * * * * * 25 17 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Special Commissioners' Court. 9 Dated this the 2nd day of October, A.D. 10 2023. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2025 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25