KARNES CITY – A recent change in the way the county judge is posting notice of meetings of Karnes County Commissioners Court is causing concerns for local residents, as well as Karnes County Clerk Carol Swize. Up until May 31, Swize said the normal routine was for the county judge’s office to deliver the agendas to the county clerk’s office, where they were then copied, file-stamped, filed, signed, posted and shared with anyone who had requested to see the agendas whenever posted. Since then, the county judge’s office has no longer involved the county clerk’s office with the posting of agendas, but instead the county judge or someone else the county judge has directed has posted the agendas near the entrance of the Karnes County Offices on the Square without sending a copy to the county clerk’s office. Swize said County Judge Barbara Shaw has not explained her reason for making the change in procedure. “She has not told me anything,” Swize said. “I sent a written request to the county attorney for an opinion on this.” Swize said she was concerned about whether posting such notices in such a way is in compliance with state laws. After researching the topic she located a state attorney general opinion on the topic. The opinion states, “We find no authority for the county judge alone to control the contents preparation and posting of the agenda.” The summary of the opinion states that, “Neither the county judge nor the county clerk controls the agenda for the commissioners court. The commissioners court as a whole has the authority to determine its own agenda.” Swize said that state law under the local government code states that the county clerk shall issue the notices, writs, and process necessary for the proper execution of the court’s powers and duties. Swize said the law considers meeting agendas as “notices” under this provision. There are several reasons why it is important for the county clerk’s office to be involved with the posting of agendas, Swize explained. “It makes it an official posting, because it’s got our file stamp on it,” Swize explained. “Every other record of the county comes through here to become official. Number two, I am required by law to attend those meetings and if they are being posted on a bulletin board and I don’t have any knowledge of them, and I have no alert that there is a meeting coming up... If I miss one, then I have broken the law or what is required of me by law.” Swize said that by file stamping it, there is proof that the agenda was posted a minimum of 72 hours before the date and time of the meeting as legally required under state law. Without notification from the judge, Swize said someone from her office will have to check the bulletin board twice per day, every day, in order to know when a meeting has been set. Swize said posting agendas without involvement of the county clerk’s office is highly unusual and that virtually every other county in the state has these agendas file-stamped by their county clerks. County Judge Barbara Shaw told The Karnes Countywide that she determined that it would be simpler to post the agendas without any involvement from the county clerk’s office because there are times when agendas need to be posted after normal business hours, on weekends or holidays. “They are still posted on the front door and the bulletin board,” Shaw said. “The agenda does not have to be signed by anybody. Period.” Shaw said several attorneys told her that there is no requirement for county clerk office involvement for posting of meetings under the Texas Open Meetings Act (TOMA), and that nothing in the Local Government Code could trump the law as stated under TOMA. When it comes to agendas, in most counties, Shaw said, agendas are normally prepared by the county judge. Shaw said she plans to begin posting these agendas online via the county web site at some point in the future, but there are still some technical obstacles in the way of making that happen. “All I know is I haven’t done anything wrong,” Shaw said. “If the county clerk wants a copy of it, I will be more than glad to provide her one. All she has to do is ask me.”

At the May 20 Karnes County Historical Society meeting John Noone and Mary Lozano each presented a $500 check rewarded by Chevron to non-profit organizations that their retirees choose to work with. Appreciation was expressed for the time and talent that John and Mary have contributed to the Historical Society. The next meeting of the Karnes County Historical Society will be at 6 p.m. on Monday, June 24. The meeting will be held at 216 West Main, (formerly The Little Red School House) in Kenedy. Everyone interested in sharing and preserving the unique and interesting history of Karnes County can join the organization by sending a check to the Karnes County Historical Society at P.O. Box 162, Karnes City, Texas 78118. Student membership is $10 a year; individual membership, $20; family, $30; and business $50. Donations are also welcome. You can join and/or make a donation by mailing a check to the address above or you can do so on-line on our new website: www.karnesmuseum.com. Stay in touch by calling the museum at 830-780-3210 or Sue Carter at 210-710-4896. You may also send an e-mail to Sue at suecarternew@att.net.

By Joe Baker Countywide staff KARNES CITY – Dockets listing a total of 41 cases have been set for Karnes County Court sessions planned for June 25. The court sessions will happen at the Karnes County Offices on the Square in Karnes City. The following is a list of cases for the June 25 morning session beginning at 9 a.m.: Defendant: Raul Reynaldo Morales Offense: Assault Offense date: June 15, 2009 Defendant: Dominica Rivera Offense: Interference with duties of officer Offense date: June 19, 2010 Defendant: Jason R. Cabrera Offense: Appeal - speeding Offense date: Nov. 10, 2011 Defendant: Oscar Jose Cantu Offense: Driving while intoxicated Offense date: April 15, 2012 Defendant: Arturo Amaya Offense: Driving while intoxicated - 2nd Offense date: Oct. 16, 2011 Defendant: Melissa Martinez Offense: False report of peace officer Offense date: July 22, 2012 Defendant: Belen Aguirre Arciniega Offense: Assault Offense date: Feb. 17, 2013 Defendant: Richard Fabian Soto Offense: Accident involving damage to vehicle Offense date: Feb. 9, 2013 Defendant: Richard Fabian Soto Offense: Driving while intoxicated Offense date: Feb. 9, 2013 Defendant: Coty Jay Roberts Offense: Driving while intoxicated – open container Offense date: May 13, 2012 Defendant: Johnny Frank Richardson Offense: Driving while intoxicated Offense date: March 8, 2013 Defendant: Richard Ray Urrutia Offense: Driving while intoxicated Offense date: Nov. 11, 2012 Defendant: Bianca Marie Dominguez Offense: Theft Offense date: Jan. 31, 2013 Defendant: Tricia Ramirez Offense: Theft Offense date: Jan. 31, 2013 Defendant: Benito Danny Jimenez Offense: Appeal - speeding Offense date: Dec. 1, 2012 Defendant: Raul Reynaldo Morales Offense: Prohibited weapon – switchblade - knuckles Offense date: Feb. 16, 2013 Defendant: Jesus Antonio Ramon Offense: Criminal trespass Offense date: June 13, 2012 Defendant: Dominica Rivera Offense: Criminal trespass Offense date: Feb. 18, 2013 Defendant: Tyler Heith Cox Offense: Prohibited weapon – switchblade - knuckles Offense date: March 20, 2013 Defendant: Jerrel Ray Marks Offense: Theft Offense date: April 9, 2013 The following is a list of cases for the June 25 afternoon session beginning at 1:30 p.m.: Defendant: Steven Glen Baldwin Offense: Criminal Trespass Offense date: Feb. 14, 2013 Defendant: Omar Alejandro Gonzales Offense: Driving while intoxicated Offense date: Feb. 20, 2013 Defendant: Mark Anthony Ocana Offense: Driving while intoxicated Offense date: April 13, 2013 Defendant: Ricardo Lucio Vasquez Offense: Reckless driving Offense date: April 16, 2013 Defendant: Thomas Edward Villanueva Offense: Driving while license invalid Offense date: April 15, 2013 Defendant: Raul Reynaldo Morales Offense: Assault – family violence Offense date: April 18, 2013 Defendant: Henry Bazan Maldonado, Jr. Offense: Unlawful restraint Offense date: April 17, 2013 Defendant: Michael Anthony Herrera Offense: Resisting arrest Offense date: June 14, 2012 Defendant: Anthony Joseph Dougherty Offense: Driving while intoxicated Offense date: Feb. 14, 2012 Defendant: Anna Maria Farias Offense: Assault – family violence Offense date: Nov. 9, 2012 Defendant: Jeffrey Lee Jonas Offense: Assault – family violence Offense date: August 30, 2012 Defendant: Jose Carlos Huerta Offense: Assault – family violence Offense date: April 14, 2013 Defendant: Jose Carlos Huerta Offense: Assault – family violence Offense date: April 14, 2013 Defendant: Guadalupe Valdez Rodriguez Offense: Possession of a controlled substance Offense date: April 13, 2013 Defendant: Guadalupe Valdez Rodriguez Offense: Possession of a controlled substance Offense date: April 13, 2013 Defendant: Neil Rodriguez Offense: Appeal - speeding Offense date: Sept. 12, 2012 Defendant: John Arnold Valdez Offense: Appeal – disregard red light Offense date: Dec. 31, 2012 Defendant: Michael Aaron Hartman Offense: Appeal - speeding Offense date: Feb. 26, 2013 Defendant: Juan Gabriel Bueras Offense: Appeal – failure to control speed Offense date: Oct. 26, 2012 Defendant: Michael Earl White Offense: Appeal – disregard traffic light Offense date: Aug. 21, 2012 Defendant: Ricardo Sanchez Offense: Appeal – backed to interfere without safety Offense date: Sept. 30, 2012