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Court to consider employment issues By Bryan Kirk Seguin Gazette
SEGUIN — Changes are on the horizon that could affect the hiring of elected county officials who seek employment with the county when their term expires.
The Guadalupe County Commissioners Court held a special workshop Monday morning at the request of County Treasurer Linda Douglass to clarify whether or not former elected county officials who come to work in the county as an hourly employee can be classified as a transfer or as a rehire.
“We don’t have anything in our personnel policy that addresses ex-officials,” Douglass said.
Since Dec. 31, 2000 there have been two elected officials who have become hourly county employees.
Shirley Hester was formerly the Pct. 1 commissioner until she was hired by former County Clerk Lizzie Lorenz to serve as chief deputy county clerk Jan. 1, 2001.
Hester began training for the position that she currently holds in the county clerk’s office Jan. 2, 2001.
Lorenz petitioned the commissioners court to create the position for Hester shortly before Hester left office.
The court agreed and approved the hiring the same day Hester began training.
“You don’t go from an elected official and transfer over to another department,” said Pct. 3 Commissioner Jim Wolverton. “You have to terminate your employment and then fill out an application.”
There is no application on file for Hester, she never submitted to mandatory drug screening and was never administered a physical before her hiring.
“That’s where the problem comes in,” Douglass told commissioners. “Ms. Hester never completed an application to transfer to the clerks office. Her term ended in December 2000 and Jan. 1, 2001, she was hired as a deputy clerk in the county clerk’s office.”
Hester was allowed to keep her benefits, such as health insurance, when she began her current position.
Six months ago, former Pct. 4 Commissioner Wyatt “Butch” Kunde left his seat after Commissioner Judy Cope was sworn in and began looking into employment as a Guadalupe County Detention Officer.
Kunde filled out an employment application and went through the process of drug testing and a physical before accepting employment at the Guadalupe County Law Enforcement Center.
Pct. 2 Commissioner Cesareo Guadarrama warned the court that their actions regarding Hester and Kunde could lead to a potential law suit against the county if it was not handled properly.
“They have civil rights and we need to be very very careful, based on this court’s past actions,” Guadarrama said.
Wolverton said if the court had erred — allowing a former county elected official to sidestep protocol — then it was the duty of the court to correct their error.
Cope reminded commissioners that the court had addressed this issue with rehires through the elections office and the sheriff’s department in recent meetings.
“I think that in accordance with what we are trying to do and keep everyone on the same track, I think that if we do not do this and treat all employees equally, I think we’ll be in a wreck of a discriminatory charge,” Cope said.
“We’ve already set a precedent. Once they leave, they will be treated as a new hire, starting over with vacation, sick leave.”
Cope added that the Texas Association of Counties does not consider elected officials county employees.
“Therefore, you cannot transfer from one position, so that was not correct to put one of our employees under transfer under TAC,” Cope said. “We need to ensure we don’t give the appearance of special treatment to anyone.”
The court agreed by consensus to allow Douglass to go back and make appropriate changes to the county’s hiring policy.
Guadarrama, who left the workshop before it’s conclusion, voiced his disagreement with the court’s decision.
“I think it’s wrong,” Guadarrama said. “If we’re not county employees, then this county should not be paying anything into any elected officials retirement. I think this court made a grave mistake.”
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