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Seminar Top 40 Takeaways Demonstrate Breadth, Depth of Commissioners Court Responsibilities

Some 145 members of Commissioners Court convened in College Station for the Seminar for Newly Elected County Judges and Commissioners Jan. 14-17, sponsored by the V.G. Young Institute of County Government in cooperation with the County Judges and Commissioners Association of Texas and the Texas Association of Counties.

Conference presenters took a two-pronged educational approach providing officials with:

• a broad overview of the statutory responsibilities of the Commissioners Court; and
• practical advice ranging from effective leadership techniques to common pitfalls to avoid.

County Commissioners are required to complete 16 hours of continuing education per year. This four-day conference not only fulfilled this statutory mandate with 24 credit hours, but also met the Phase I requirements of a comprehensive educational program titled Commissioners Court Advanced Curriculum (CCAC). While Judges in attendance did not receive judicial education credit, Judges were eligible for CCAC credit.

The four-day meeting, likened to a “jumping-off place” for new officials, covered a wide range of topics including the powers and duties of the Commissioners Court, public meetings, county purchasing, litigation, open records, ethics, working with the Texas Legislature, county roads, and the county budget.

Basic training takeaways included the following:

1. As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution.

• Counties are partners with the State of Texas. The State of Texas is the senior partner, so establish a relationship with your senators and representatives.
• As an arm of the State of Texas, the County Commissioners Court is charged with conducting county business subject to the laws of the state.

2. Texas counties can only take those actions that are specifically authorized by Texas law. Equally important, Texas counties must take those actions that are required by law.
3. As long as you can tie an action back to a statute, you have implied authority.
4. Some of the Commissioners Court responsibilities are mandatory, as in counties “shall.” Other actions are “discretionary,” as in counties “may.”
5. A county cannot spend public funds except for a public purpose. Ask yourself:

• Is this county business?
• How is this serving the public?

6. One Commissioner or Judge cannot bind the county. The Commissioners Court acts as a body.

• While Commissioners represent individual precincts, you are County Commissioners.
• Once in office, you make decisions that affect everyone in your county. Make the best decisions for your county as a whole.

7. County Judges and Commissioners can only act through the meeting of the Commissioners Court, where the court members can only address those items on the agenda.
8. Commissioners Court meetings are subject to the Open Meetings Act.
9. The County Judge usually prepares the agenda of the Commissioners Court meeting.
10. Every member of the Commissioners Court is entitled to put an item on the meeting agenda. On a related note, only members of Commissioners Court are able to place items on the agenda.
11. The County Judge presides over the Commissioners Court meetings.
12. The County Judge can participate in every vote, not just in the case of a tie.
13. If the County Judge is unable to attend the Commissioners Court meeting, the Commissioners Court may select a County Judge Pro Tem to preside over the meeting.
14. Commissioners Court meetings require a quorum, which is three, except for the meeting setting the tax rate, when four out of five must be present and three must cast a vote for the tax rate.
15. Come to Commissioners Court meetings prepared. Do not wait until the meeting has started to look over related information provided to you before the meeting.
16. Every action requires a motion, and every motion requires a second.
17. Motions pass on a majority vote.

• If only three members of the court are present, a motion may pass on a 2-1 vote.
• No actions may be taken on a tie vote.

18. Generally speaking, actions adopted by Commissioners Court are referred to as “orders,” unlike cities, which adopt “ordinances.”
19. Adopted resolutions are not binding, legal actions.
20. Anyone may record a Commissioners Court meeting.
21. Counties with a population of 125,000 or more must record their Commissioners Court meetings and provide the recording on their county website.
22. While closed sessions are allowed in certain circumstances, all actions must be taken in open session. No action can be taken in a closed session.

• When going into a closed session, you must make an announcement and cite the statute or subject matter that allows for the closed session.

23. Special meetings such as workshops are allowed by statute. You may take action in special meetings which are also subject to the Open Meetings Act.
24. Commissioners Court meetings are open or public meetings, meaning members of the public have access to and may observe the meetings.
25. Members of the public must be allowed to comment at a meeting of the Commissioners Court as long as they are speaking on an agenda item.

• The public comment period may be held at the beginning of the meeting or as the related agenda item arises, but not at the very end of the meeting.
• You may limit the amount of time the public can speak.

23. Consider adopting rules of procedure, conduct, and decorum governing your Commissioners Court meetings, including guidelines for public participation. Make sure copies of these rules and the agenda are available at every meeting. A sample set of rules is available for download at countyprogress.com.
24. Every member of the Commissioners Court is required by law to complete training on the Open Meetings Act and Public Information Act within 90 days of assuming office. For more information, visit the website of the Office of the Attorney General of Texas.

• It is very important to understand how to communicate, when to communicate, and when not to communicate.

28. Counties must conduct public hearings on certain topics, such as setting the county budget, the tax rate, and traffic control devices.
29. The Commissioners Court is responsible for setting the county budget and the county property tax rate.

• You have the power of the purse. You are the budget authority for the county. Do not underestimate that authority or responsibility.
• Learn the statutes that govern the county budget, and adopt a budget calendar accordingly.
• The county budget is a policy statement and vision statement for your county.
• You affect every office in county government via your fiscal responsibilities.

30. While you do control the budget, you do not control the everyday workings of the other offices in your county.

• Your fellow elected officials, such as your tax assessor-collector, treasurer, sheriff, and clerks, are elected by the same constituency that elected you.
• The only people you hire and fire are those directly under your supervision.

31. Familiarize yourself with your county’s current budget document line by line. Be ready to answer questions including:

• What is our county budget?
• What is our tax rate?

32. One of your largest expenditures will likely be your county jail.

• The county jail is a dual responsibility. The sheriff is the keeper of the jail, while the Commissioners Court is tasked with ensuring a safe and suitable jail. Learn to work with your sheriff.
• Read the inspection reports from the Texas Commission on Jail Standards, and walk along on at least one jail inspection.

33. The County Judge is the head of emergency management.

• Every disaster starts and stops locally.
• People expect immediate information, so be prepared to communicate, and to communicate quickly.
• Meet periodically with your first responders, faith-based organizations, and other groups to discuss your emergency management plan.
• Documentation. Documentation. For the purposes of reimbursement, you will need precise records.

34. You are the policy-making body for your county.

• A policy can serve as a “vaccination” for your county. Just a few of the policy areas you should address include discrimination/harassment, workers’ compensation, county regulations, computer/internet use, and vehicle use.
• As soon as you can after taking office, read your county policies.
• Know where to find these policies at any time.

35. As an employer, you need to make sure you are treating all of your employees equally and fairly under the law.
36. Public roads are not necessarily county roads.

• Generally speaking, a county cannot maintain a private road (see below).
• Determine which road system your county utilizes.

37. Counties are very restricted in their ordinance and land-use authority, currently limited to matters including subdivision regulations, road and drainage construction, regulation of sexually oriented business, solid waste, certain floodplain development, airport zoning, public nuisance, and game rooms.
38. The violation of purchasing laws can result in criminal penalties.

• Familiarize yourself with the purchasing laws, and ask as many questions as necessary.
• When in doubt, bid it out.

39. Learn to work with the other members of your Commissioners Court.

• Don’t carry it forward. If you have a split vote, learn to live with it. Don’t hold a grudge, and move on.
• Respect your fellow members of the court, even when you are in the minority.
• Remember, you are setting an example for the public regarding respectful behavior.

40. When constituents call with a concern or complaint, listen. Sometimes all they need to do is vent. On a related note, avoid “knee-jerk” responses.

• Be an active listener.
• It’s okay to say, “I don’t know. But I will find out and get back to you,” or, “I cannot assist you in this matter, but I can point you to the right person.”
• Try and return every call and answer every email if possible.

Seminar presentations available for download may be accessed at https://bit.ly/new-off-seminar.

County Work on Private Roads or Property

In limited circumstances, counties may do work on private roads or property including the following scenarios:

• By way of Article 3, Section 52f of the Texas Constitution, counties with a population under 7,500 may perform work on private roads for a fee, with all proceeds to support county road maintenance.
• A county of any size may contract with the Soil Conservation District to do work on private property.
• In the case of water interfering with drainage on a county road, a county of any size may, with the consent of the property owner, go on to private property to clean out or restore the natural flow of water. Written consent from the property owner and inclusion of the activity in the Commissioners Court minutes is advisable.