Commissioners Court Meeting

Issue viewing agenda items? Click here to switch to the old format.

Return to the Minutes Page

63.

Meeting Date:	03/29/2016
Preparation of Amicus Brief to Supreme Court
Submitted for:	Rose Magana	Submitted By:	Rose Magana
Department:	Commissioners Court

Subject:

Discussion and possible action to authorize the County Attorney to prepare an Amicus Brief to the Supreme Court in support of the separation of powers in the outcome of the most recent case The Hon. Lonnie Cox v. The Hon. Mark Henry, Cause No. 15CV0583; and authorizing the County Judge to sign off on all relevant documents; and any other matters incident thereto. [Requested by Tano E. Tijerina, County Judge]

Issue: On September 14, 2015, Commissioners Court approved the Webb County Resolution in support of the Galveston County Commissioners Court to aid in the efforts to defend the well-defined authority of county commissioners in budget matters pertaining to their county and any principles of due process applicable to district courts review of county commissioners courts’ decisions.

Solution: Request that the County Attorney’s office prepare an Amicus brief to the Supreme Court with the intention to argue the separation of powers and that the sole authority responsible for setting annual budgets and any other decision of a budgetary nature belongs to the county commissioners court of corresponding counties.

Result: Prevent an appellate court decision that would ultimately have a statewide impact to all counties.

Background:

n/a

Previous Court Action:

Fiscal Impact

Budget Account Number:	n/a
Funding Source:	n/a
Balance:	n/a
Financial Impact:
n/a

Attachments
resolution in support of Galveston County
letter from Galveston Commissioner