BULLETIN: NO BOND FOR GARZA-PEREZ; RIVERA TO HOLDOVER By Juan Montoya The lawyer for Cameron County-elect Sylvia Garza Perez asked the commissioners court for more time to secure a $500,000 officeholders performance bond for his client, leading them to suggest that current county clerk Joe Rivera would have to stay on indefinitely as a holdover until – and if she can – secure it. Attorney Ron Armstrong asked the court Tuesday afternoon for some tolerance to allow him and Cameron County commissioners court legal counsel Bruce Hodge to look over some paperwork to find a way to get officeholders surety bond for his client. Garza-Perez has been unable to convince any local insurance companies to provide her with the $500,000 surety bond required by Texas law before nay officeholder can take the oath to hold pubic office. So far, Garza-Perez has only been able to acquire $100,000, $400,000 short of that required by her office. County Judge Carlos Cascos asked Armstrong if he would need at least another two weeks and table the item until the January 15 commissioners court meeting and Armstrong agreed. He even suggested that he might be able to come up with a solution before then. Hodge told the commissioners that Rivera was already bonded and could continue to use the bond – or sign another one – to continue as a holdover until the matter with Garza-Perez was settled. A $500,000 surety bond costs about $1,750, he said. He is ready to go. All he has to do is sign it. There was some concern from some commissioners that the county would be liable while Rivera was being a holdover, but they were assured by Hodge that in at least one case he had researched, it appeared that the bond would carry over. However, he also told commissioners that another case indicated that it didnt. I just want that office to be protected, said Pct. 1 commissioner Sofia Benavides. Pct. 3 commissioner David Garza asked Hodge whether the bond could be pro-rated until Garza-Perez could straighten out her bond issue and Hodge answered that most surety bonds carried a pro-rata provision. Under Texas law, the current officeholder can continue to hold office with pay until his replacement can take office. Theoretically, Rivera could continue in office for the next two years until the next general election. Most other officials elected in the November general election – except for Garza-Perez – have already been sworn in and have produced their surety bond as officeholders. However, her inability to acquire the bond has prevented her from doing so. She has had from November 4 when she was elected to acquire the bond and has not been able to, said a spectator at the meeting. What makes you think that she wil be able to get in in 15 days?
Posted on: Tue, 30 Dec 2014 23:09:26 +0000
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