New Officials Immersed in the ‘Shall’ and the ‘Should’
By Julie Anderson
Editor
The second full week in January and the first full week in February found 200-plus newly elected County Judges and County Commissioners in full training mode.
First, both Judges and Commissioners convened in Austin for the LBJ Seminar for Newly Elected County Judges and Commissioners. A short three weeks later, Judges gathered in Lubbock for the Texas Judicial Academy’s Judicial Orientation for New County Judges.
It would be next to impossible to provide a recap of every statute covered, topic discussed and lesson learned. However, one thing became clear: When it comes to serving on Commissioners Court, there are two sides to the coin: the Shall and the Should.
(Editor’s Note: Many grammarians say “should” is the past tense of “shall.” But for the sake of our little story, the shall and the should is akin to the must and the might. You shall or you must follow this rule…you should or you might consider taking this advice).
The Shall
As required by Article 16 of the Texas Constitution, Commissioners Court members take an official oath to “preserve, protect and defend the Constitution and laws of the United States and of this State.” Counties are, of course, subject to the federal laws of the land, including areas such as labor standards, discrimination, civil rights and voting.
When it comes to day-to-day Commissioners Court responsibilities, Judges and Commissioners quickly learn they are limited by the express or implied powers granted to them by their state partner, the Texas Legislature. Texas counties can only do those actions that are authorized by Texas law. Equally important, Texas counties must do those actions that are required by law. To top it off, the Texas Constitution is not only the longest state constitution in the nation, it is the most often amended, as well.
Whew. So how do you learn the shall? Well, certainly not in one sitting, not in one meeting, not in one article. Rather, according to veteran officials and legal experts, you become an intentional learner.
- When relevant publications come your way, avoid the urge to skim. Read. Highlight. Underline. For instance, every month this magazine includes a column written by Jim Allison, general counsel of the County Judges and Commissioners Association of Texas (CJCAT). These columns are specifically dedicated to you, the County Judge and County Commissioner, Allison provides his phone number, inviting your questions and concerns. If you haven’t read Allison’s February column on Upholding the Law, you’ll want to do so immediately.
- Explore your resources. Ask veteran officials which resources they can and cannot “live without.” No doubt you’ll be pointed to the Texas Local Government Code or the Texas Associations of Counties County Court Bench Manual. In his February County Progress column, CJCAT President Terry Simpson, San Patricio County Judge, reminded officials of the “wealth of experience and knowledge at our finger tips via the county Listservs.” (For more information on linking into this valuable tool, contact Joyce Francis, joycef@county.org, or Michele Mund, michelem@county.org, at the Texas Association of Counties, 800-456-5974.)
- Pursue your continuing education, or in other words, attend educational conferences. Generally speaking, conference handouts and presentations are available on conference coordinator websites. For example, the LBJ seminar presentations are at http://www.utexas.edu/lbj/profdev/candt/coursedescriptions/seminar-newly-elected-county-judges-and-commiss, while the new judges’ orientation materials are available at http://www.county.org/member-services/education-and-training/presentations/Pages/default.aspx. Other conference and training presentations are available at http://www.county.org/member-services/education-and-training/presentations/Pages/default.aspx.
The “shall” may seem overwhelming, but it is not insurmountable. Find a veteran Commissioner or Judge and begin a mentorship. Yes, you are from the great Lone Star State, but there’s something to be said for the Show Me State. Show me the statute, show me what to read, where to go, who to call, how to learn. As Allison suggested, “When in doubt, check it out.”
The Should
The second full week in January and the first full week in February found 200-plus newly elected County Judges and County Commissioners in full training mode.
First, both Judges and Commissioners convened in Austin for the LBJ Seminar for Newly Elected County Judges and Commissioners. A short three weeks later, Judges gathered in Lubbock for the Texas Judicial Academy’s Judicial Orientation for New County Judges.
It would be next to impossible to provide a recap of every statute covered, topic discussed and lesson learned. However, one thing became clear: When it comes to serving on Commissioners Court, there are two sides to the coin: the Shall and the Should.
(Editor’s Note: Many grammarians say “should” is the past tense of “shall.” But for the sake of our little story, the shall and the should is akin to the must and the might. You shall or you must follow this rule…you should or you might consider taking this advice).
The Shall
As required by Article 16 of the Texas Constitution, Commissioners Court members take an official oath to “preserve, protect and defend the Constitution and laws of the United States and of this State.” Counties are, of course, subject to the federal laws of the land, including areas such as labor standards, discrimination, civil rights and voting.
When it comes to day-to-day Commissioners Court responsibilities, Judges and Commissioners quickly learn they are limited by the express or implied powers granted to them by their state partner, the Texas Legislature. Texas counties can only do those actions that are authorized by Texas law. Equally important, Texas counties must do those actions that are required by law. To top it off, the Texas Constitution is not only the longest state constitution in the nation, it is the most often amended, as well.
Whew. So how do you learn the shall? Well, certainly not in one sitting, not in one meeting, not in one article. Rather, according to veteran officials and legal experts, you become an intentional learner.
• When relevant publications come your way, avoid the urge to skim. Read. Highlight. Underline. For instance, every month this magazine includes a column written by Jim Allison, general counsel of the County Judges and Commissioners Association of Texas (CJCAT). These columns are specifically dedicated to you, the County Judge and County Commissioner, Allison provides his phone number, inviting your questions and concerns. If you haven’t read Allison’s February column on Upholding the Law, you’ll want to do so immediately.
• Explore your resources. Ask veteran officials which resources they can and cannot “live without.” No doubt you’ll be pointed to the Texas Local Government Code or the Texas Associations of Counties County Court Bench Manual. In his February County Progress column, CJCAT President Terry Simpson, San Patricio County Judge, reminded officials of the “wealth of experience and knowledge at our finger tips via the county Listservs.” (For more information on linking into this valuable tool, contact Joyce Francis, joycef@county.org, or Michele Mund, michelem@county.org, at the Texas Association of Counties, 800-456-5974.)
• Pursue your continuing education, or in other words, attend educational conferences. Generally speaking, conference handouts and presentations are available on conference coordinator websites. For example, the LBJ seminar presentations are at http://www.utexas.edu/lbj/profdev/candt/coursedescriptions/seminar-newly-elected-county-judges-and-commiss, while the new judges’ orientation materials are available at http://www.county.org/member-services/education-and-training/presentations/Pages/default.aspx. Other conference and training presentations are available at http://www.county.org/member-services/education-and-training/presentations/Pages/default.aspx.
The “shall” may seem overwhelming, but it is not insurmountable. Find a veteran Commissioner or Judge and begin a mentorship. Yes, you are from the great Lone Star State, but there’s something to be said for the Show Me State. Show me the statute, show me what to read, where to go, who to call, how to learn. As Allison suggested, “When in doubt, check it out.”
The Should
As shared by veteran officials in January and February, if you ever want to fully conquer the shall, you’ve got to pay attention to the should; otherwise, you could be plagued with conflict and interruptions. The should includes the relational side of your office:
1. You are a member of grassroots government, closest to the people you serve. You live and work among your taxpayers. Your constituents know where to find you.
2. You are one member of a five-member court.
3. You are one part of your county’s government. Yes, you hold the budgetary purse springs. However, you also work alongside other independently elected officials with their own departmental agendas.
According to the collective expertise of your fellow officials, mastering the should is quite similar to mastering the shall. Be willing to ask. Be willing to learn. Thankfully, it’s not too technical, and many times akin to common sense. Examples of the should, as spoken by our experienced Judges and Commissioners, include answer your phone and always return phone calls; be respectful, humble and kind; embrace the concept of teamwork; and do what is best for your county, versus your individual precinct.
Below is a list of just some of the shalls and should, musts and mights, purposely combined into one comingled list, as the shall and the should go hand in hand.
1. The Texas County Commissioners Court is charged with conducting county business subject to the laws of the state.
2. As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution. As an arm of the State, Texas counties can only do those actions that are specifically authorized by Texas law. Equally important, Texas counties must do those actions that are required by law.
*As long as you can tie an action back to a statute, you have implied authority.
*A county cannot expend public funds except through public service.
*Ask yourself:
“Is this county business?”
“How is this serving the public?”
3. One Commissioner or Judge cannot bind the county. The Commissioners Court acts as a body.
* While Commissioners represent individual precincts, you are County Commissioners.
* Make the best decisions for your county as a whole.
4. 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.
5. 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.
6. Learn to count to three. It takes three to get anything done, so learn to work with the other members of your Commissioners Court.
* Counting to three is important. Counting to four is even better. Counting to five (a 5-0 vote) is great.
* 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.
* When elections are over, leave the labels at the door.
7. The County Judge presides over the Commissioners Court meetings; the Judge is the presider, not the king.
8. The County Judge puts together the agenda of the Commissioners Court meetings. However, every member of the court is entitled to put an item on the meeting agenda.
9. The County Judge can participate in every vote, not just in the case of a tie.
10. Commissioners Court meetings are open or public meetings, meaning members of the public have access to and may observe the meetings. This does not mean they are able to participate. The level of public participation, i.e. allowing the public to comment, is up to the individual Commissioners Court.
11. Consider adopting rules of procedure, conduct, and decorum governing your Commissioners Court meeting, including guidelines for public participation. Make copies of these rules and the agenda available at every meeting.
12. Every member of the Commissioners Court is required by law to complete a training course on the Texas Open Meetings Act within 90 days of assuming office. For more information, go to https://www.oag.state.tx.us/open/og_training.shtml.
* It is very important to understand how to communicate, when to communicate, and when not to communicate.
13. Counties must conduct public hearings in certain instances, such as setting the county budget. The public is entitled to speak at public hearings.
14. The Commissioners Court is responsible for setting the county budget and the county property tax rate.
* You have the power of the purse.
* The county budget is a policy statement and vision statement for your county.
* You affect every office in county government via your fiscal responsibilities.
15. The decentralized nature of county government makes for a system where cooperation is necessary.
16. Counties are partners with the State of Texas. The State is the senior partner, so establish a relationship with your senators and representatives.
17. While you do control the budget, you do not control the everyday workings of the other offices in your county. Your fellow elected officials, i.e. tax assessor-collector, treasurer, clerks, are elected by the same constituency that elected you.
18. Your single largest expenditure is likely 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.
19. Read the inspection reports from the Texas Commission on Jail Standards, and walk along on at least one jail inspection.
20. All public roads are not county roads.
21. You cannot do work on a private road.
22. 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, septic tanks, certain floodplain development, and airport zoning.
23. When constituents call with a concern or complaint, listen. Sometimes all they need to do is vent.
* You are the closest form of government to the people.
* 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.”
24. Listen to your “gut.” If it doesn’t pass “the smell test,” step back and think the matter through.
* Do everything as if everyone is watching, because everyone is.
25. Obtain a copy of the Texas Local Government Code, available at http://store.westlaw.com/default.aspx or 1-800-344-5009.